Gazette of the United-States. (New-York [N.Y.]), 1791-08-17 00:00:00

Gazette of the United States.
PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, BETWEEN SECOND AND THIRD STREETS, PHILADELPHIA.
[No. 32, of Vol. III.]
WEDNESDAY, AUGUST 17, 1791.
[Whole No. 240.]
PHILADELPHIA, AUGUST 17. SUPREME COURT OF THE UNITED STATES.
WEDNESDAY, August 3d. (CONCLUDED.)
JUDGE BLAIR said, that although it was true that the Writ of Error was a Writ of Right, upon which account Mr. Bradford had contended that its use was only to express the will of the plaintiff in error, to have the judgment re-examined, and that, therefore, it was not so material from what office it had issued, especially as the Judiciary Bill was silent as to that, yet the writ was an indispensable requisite; but a writ not issued in the legal mode should be considered as no writ. The question then was, whether having issued from the Clerk's Office of the Circuit Court, where the judgment sought to be redressed was rendered, it could be supported as valid? He admitted, that the direction that it should be returnable to the Supreme Court did not, ex vi termini , necessarily imply that it ought to issue from the Clerk's Office of that Court; because whatever may be the popular sense of the word 'returnable,' writs which in England issued from the Chancery, were, in a legal sense, said to be returnable into the King's Bench, or that Court where they were to be made use of. But that there being no such general and separate repository of writs in America, he took it to be the general practice to issue writs from the same Courts to which, in a strict sense, they were to be returned, and never to issue them, as in the present instance, from the Clerk's Office of the same Court whose judgment was sought to be corrected. He admitted, that as the law now stands, it would be attended, in some instances, with great inconvenience and hardship, to make it necessary for the plaintiff in error to apply for the writ at the seat of government of the United States, from which the Circuit Court, where the record remains, may be too remote, to permit him to lodge a copy of the writ there within ten days from the time of rendering the judgment; because, if not so lodged, it will not operate as a supersedeas to the judgment, and the recoverer may take out execution. It is true, that the plaintiff in error, without so lodging a copy, may go on with the Writ of Error, and if he should finally prevail, will be entitled to restitution; but still, to be exposed in the mean time to an execution, would at any time be a serious evil; and, in the now existing combination of circumstances in our country, peculiarly such. He thought, however, that this evil, whatever might be its magnitude, required legislative correction, rather than that the Court should, for the sake of avoiding it, establish an unusual, and very irregular practice. A future law may remove every hardship, by allowing, instead of ten days, such a length of time, for depositing a copy of the Writ of Error in the Clerk's Office, as may be proportioned to its distance from the seat of government. For these reasons he was against the motion, for a rule to be made upon the defendants in error, to rejoin.
JUDGE WILSON.
The determination of the question in this case will be of importance not only to the parties immediately interested, but also to others: for it will probably have an influence upon the determination of future cases of the same or of a similar nature. It is therefore proper that, while I give my opinion, I should assign the reasons on which it is founded.
There are two modes of removing a decision from an inferior to a superior jurisdiction. One is by appeal, which is merely the act of the party. But it is not contended that the proceedings in the present cause, or can be removed by an appeal. It they are before us at all, they must have come before us by a Writ of Error. This is admitted by the counsel for the plaintiff; and on this supposition we are applied to for the exercise of jurisdiction, by giving a rule on the defendant to plead to the assignment of errors. We are therefore led to the question—Is this such a Writ as will justify and authorise the court in exercising a revisionary jurisdiction over the decision and proceedings of the Circuit Court of the District of Rhode-Island?
A Writ is described, and very properly, to be a mandator , * l. 1. t. ter. A Writ of error, as well as other Writs, must partake of this mandatory quality. But how can a Court direct a mandatory letter to itself?
It was observed by the learned counsel for the plaintiff, that a writ of Error is a commission to revise proceedings. True. But it is described as a commission directed to a superior jurisdiction. Besides, in considering this commission, we must view not only the jurisdiction to which it is directed, but likewise the authority from which it flows. Shall it flow from an inferior to a superior Court? This course would be unnatural: it would be the stream of authority inverted.
It was also mentioned by the learned counsel for the plaintiff in error, that, in the act of Congress, it is not specified from what Court the Writ of Error must issue. This is very true. But since it is not specified, we must form our opinion on general principles and usages. These, as we have just now seen, will lead us to the superior rather than to the inferior jurisdiction.
The 14th section of the act of Congress, however, seems to put the solution of the present beyond the possibility of a doubt. By that section the Courts of the United States "have power to issue all Writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law." Now, this is the Court which is to exercise jurisdiction—this is the Court to which application is made by the plaintiff himself, for the exercise of its jurisdiction in the present cause. This, therefore, is the Court, which, in the terms of the act, shall "have the power to issue the Writ necessary for the exercise of that jurisdiction." The Court from which the Writ of Error is to issue, is not specially pointed out by statute. That Writ must therefore issue "agreeably to the principles and usages of law." Of those principles and usages, we have already seen the direction and the force. From these premises, the inference seems to be conclusive—that the Writ of Error must issue from this Court.
An inconvenience was suggested and pressed with much strength and ingenuity by the counsel for the plaintiff; that at a great distance from the seat of government—in Georgia, for instance, or Kentucky—it would be impossible, after the judgment complained of, to comply, in the limited time of ten days, with the conditions required by the act for rendering the Writ of Error a supersedeas to an execution. If this inconvenience should subsist in all the force which has been stated; it must be removed by another power. We act in the judicial, not in the legislative department.
The inconvenience may perhaps be mitigated by a method which I shall suggest; not, however, as a part of my opinion in the determination of the point before us. A Writ of Error may bear teste and may be obtained before the "giving of the judg-
ment" in the Court below. This, in England, is the usual course preventing and superseding execution. Indeed this mode seems to be intimated by a clause in the Writ itself. "We command you, that, if judgment be given, then you send the record and process," &c.
It is true that the expence of a Writ of Error obtained in this manner will be superfluous, if the party who apprehend a judgment against him, shall obtain one in his favor. This superfluous expence, however, can be the occasion of no very great hardship. I ate the expedient as calculated to mitigate the inconvenience complained of, but not as forming a ground of my opinion in the cause.
My opinion is, that the proceedings of the Circuit Court for the district of Rhode-Island are not judicially before us; and that, for this reason, the motion of the counsel for the plaintiff cannot be sustained.
3 Bl. 273.
2 Bac. 187.
2 Bac. 199. March 140.
13 Bl. app. 21.
Quere—Would not the inconvenience here stated be removed wholly, by the Clerks of the several Circuit and District Courts, supplying themselves with blank Writs of Error, properly sealed and signed by the Clerk of the Supreme Court, and by having them ready for suitors, whenever required. In Pennsylvania, the Prothonotary of the Supreme Court distribute blank writs of certiorari and habeas corpus, through the several courts of the state, which are always at hand on the shortest notice, where requisite for the removal of a cause: so that if oppression or injustice attempted by hurrying on a cause in the lower Courts, a removal by the opposite party affords an opportunity of obtaining more complete and perfect justice.
JUDGE CUSHING.
The writ offered to the Court at present, by the counsel for the plaintiff, does not appear to me to be such a writ as will bring the proceedings of the Circuit Court of Rhode-Island, properly before this Court. By the act of Congress, it is true, that a Writ of Error may issue either from the Circuit Court, or from this. But by necessary implication, it seems, that when it is for the purpose of removing a cause from a Circuit, to this Court, the authority should be derived immediately from this court. I cannot believe that Congress designed, a Circuit Court should have power to remove its own proceedings to this Court; but that the authority for this end, should flow from the Court that was to exercise the controlling and revising power. If such, then, be the meaning of the National Legislature, it is not our province to alter or amend their acts, but to ground our opinions upon them. If inconveniences should arise, in carrying their laws into effect, with them lies the power of correcting the inconveniences, and not with us. As the writ before us, therefore, is not from this, but from the Circuit Court of Rhode-Island, I cannot think, that upon its authority, we can proceed to revise the judgment of that Court.
CHIEF JUSTICE TAYLOR.
As the reasons already assigned, are fully explanatory of my opinion, it were needless to repeat them. I need only, therefore, suggest my concurrence with my brethren.
"The Court, therefore, refuse to grant the rule moved for yesterday in this cause, being unanimously of opinion, that Writs of Error, to remove causes to this Court from inferior ones, can regularly issue only from the Clerk's Office of this Court."
EXTRACTS.—ON EDUCATION.
ONE of the first laws of Massachusetts provided, "That the Selectmen shall have a vigilant eye over parents, that they shall duly endeavor, by themselves, or others, to instruct their children in learning; and that if, after warning given by the Selectmen, any parent shall be negligent, he shall be fined." Some think this law to have been rather arbitrary, but the reason the law-makers themselves assign will be satisfactory. They say, "lest the children should grow barbarous, rude and stubborn, and so prove pests, instead of blessings to their country."
The learned and patriotic Dr. Price, in a late discourse, says, "Our first concern as lovers of our country, must be to enlighten it. Why are the nations of the world so patient under despotism? Is it not because they are kept in darkness and want of knowledge?—enlighten them, and you will elevate them."
Should the seminaries of learning be neglected by the Commonwealth, there can be no way to support them, but by enhancing the price of education. The rich men will then give their children an education, while the people in the middlewalk of life, and the poor, will be denied the privilege of learning. The people will then be obliged to hold learning in contempt, to exclude it from their public assemblies; or, the powers of government, and the offices will be held by the rich in exclusion of the others. The first alternative leads to a state of barbarism, the other to a state of rusticity and despotism.
There is in men a natural pride, and a natural envy. The wealthy are apt to hold the poor in contempt and the poor are apt to envy the opulence of the great. These tempers, however reprehensible they are, have their use in society; the first lads the wealthy to support government, the latter induces a spirit of equality, which prevents that government from rising to a state of despotism.
The hoits and education of the rich lead to aristocracy, and if they can have a monopoly of the learning of the country, there will be an end of democracy; the equality which is now the
glory of our country, will never more be seen, and the calamity of America will blast the hopes of the patriotic part of the European world.
Parents are led by their fondness for their posterity, to try to give them an education: but they have but little interest in the business in comparison with what society has—Parents are soon removed from their tender connection with their children, but society remains forever, and must be happy or miserable, in proportion as knowledge and information are possessed by it.
Reasons for establishing public Schools, reported by the School Committee of the Town of Providence, August 1, 1789.
"1st. USEFUL knowledge generally diffused among the people, is the surest means of securing the rights of man, of promoting the public prosperity, and perpetuating the liberties of a country.
"2d. As civil community is a kind of joint tenancy, in respect to the gifts and abilities of individual members thereof, it seems not improper, that the disbursements necessary to qualify those individuals for usefulness, should be made from common funds.
"3d. Our lives and properties, in a free state, are so much in the power of our fellow-citizens, and the reciprocal advantages of daily intercourse are so much dependant on the information and integrity of our neighbours, that no wise man can feel himself indifferent to the progress of useful learning, civilization, and the preservation of morals, in the community where he resides.
"4th. The most reasonable object of getting wealth after our own wants are supplied, is to benefit those who need it; and it may with great propriety be demanded, in what way can those whose wealth is redundant, benefit their neighbours more certainly and permanently, than by furnishing to their children the means of qualifying them to become good and useful citizens, and of acquiring an honest livelihood?
"5th. In Schools established by public authority, and whose teachers are paid by the public, there will be reason to hope for a more faithful and impartial discharge of the duties of instruction, as well as of discipline among the scholars, than can be expected when the masters are dependant on individuals for their support.
P E T E R S B U R G H, March 29.
ON the 20th inst. we enjoyed a superb spectacle here; the regiment of horse guards defiled along the Imperial Castle, bearing to the fortress the trophies of Ismail, composed of nearly 500 horsetails, commanders staves, maces, standards and colours.—It is said, that the better to perpetuate the remembrance of this important conquest, and the other advantages gained by Prince Potemkin over the enemies of the Christians; and in opposition to the Alcoran and Sword of Mahomet, our august Sovereign intends to present Prince Potemkin with a bible richly bound, and set with brilliants, together with a sabre of immense value.
P A R I S, June 16.
Abstract of the latest Proceedings of the National Assembly, June 7th.
The Assembly referred to the committee of enquiry a letter, by which the directory of Gironde, gives notice of the fermentation excited at Bordeaux, by the establishment of a monarchical club, and of the manœuvres of the agents of the club, which obliged the directory to put a stop to their meeting.
June 8. Decreed—That persons in the public service shall enjoy the rights of active citizens, in the places where their duty calls them, tho' they may not have resided there the year required in common cases.
Articles decreed to secure the independence of the LEGISLATIVE AUTHORITY.
1. Those concerned in attempts to prevent the re-union, or effect the dissolution of a primary or electing assembly, shall suffer death.
2. If troops of the line surround the place of sitting of the aforesaid assemblies, or procure admittance into the assembly, without being authorised or required by the assembly, the minister or commander who shall have signed the or-

der for the purpose, the officer or soldier who shall have executed it, shall suffer confinement for 15 years.
3. Those concerned (either by giving or executing orders) in attempts to prevent the re-union, effect the dissolution, or interrupt the deliberations of the legislative body, or in attempts tending to destroy the independence of any individual member of it, shall suffer death.
4. If troops of the line come within 20,000 toises [120,000 feet] of the place in which the legislature is sitting, without being authorised, or required by the assembly, the Minister who has given or countersigned the order, the commander in chief, or the principal commander of each body of the aforesaid troops, who has participated in the execution, shall suffer 10 years imprisonment.
5. Those who attempt to surround the legislative body, with armed men, or to procure admittance into the place where they sit, without being by them authorised, shall suffer death.
The Minister or commander, who has signed the order, the officers or soldiers who attempt to execute it shall suffer the same punishment.
6. For all attempts to derange the order of succession to the throne established by the constitution—Death.
7. If any act is published as a law, without having been decreed by the legislature, whatever be the form of that act, the Minister who countersigns it shall suffer death.
If said act does not appear in the form prescribed by the decree of the 7th of October 1789, every civil or military officer publishing or executing it shall suffer 10 years imprisonment.
This article is not to be understood to infringe on the rights of the executive to publish proclamations and issue such orders as are put within its power by the constitution.
8. In case of the publication of a falsified law, the Minister by whom it is countersigned, if convicted of having altered, or caused to be altered, the decree of the legislative body wittingly, shall suffer 15 years imprisonment.
9. If any act laying a tax or directing a loan to be made is published without the said tax or loan passing through the forms established by the constitution, the Minister countersigning said act, or issuing orders to collect said tax, or to receive monies on account of said loan, shall suffer 20 years confinement.
All agents of the executive power, executing said orders, either by collecting said tax, or receiving the monies of said loan, shall suffer death.
June 9. M. Thouret of the ecclesiastical and constitutional committee, offered the following decrees to the consideration of the assembly.
1. No brief, decree, or bull of the court of Rome can be printed, published, distributed or executed, without being first presented to the legislature, read, approved, and sanctioned by them, that sanction approved of by the King, and promulgated in form directed by law.
The following decree, proposed by M. Duport, was adopted.
Municipal, administrative, judiciary functions, and the duties of commander in chief of the National Guard, are incompatible with those of a legislator, and persons who fill such offices shall not exercise the duties of them, during their appointment to a seat in the legislature; but may resume them after the time of their election is expired.
HAGUE.
Permit a Holland Patriot to blame the uncautious security of the French nation, who neglect the means of discovering the secret manœuvres and complicated political schemes of foreign courts. It is by their means that fears and divisions take place in the new departments of that glorious regenerated kingdom. It is that dark system of politics, which, by means of mercenary writers and seditious tools, misleads opinions, and occasions internal commotions. All these enemies will not act from the exterior upon France; but internally they are much more to be feared. What are the intentions of those cries of expected invasions but seditious rumors, raised and kept up by the agents I have mentioned?
To disquiet the French, and divide, if possible, the kingdom, is the plan of a few powers which appear to me to be busy in consulting measures as a central committee in the cabinet at Hague. France has nothing to fear but from a civil war, which some of her neighbours would wish to send them either by the means of Ambassadors, or by persons in an inferior capacity;—the latter are more to be feared. What are, it may be said, these intrigues and intriguing persons, when compared to the great principles of an Assembly working the regeneration of a powerful kingdom? True;—but still may not France, for want of more circumspection, pay with the effusion of more blood for the revolution which does them honor, and for the happiness which awaits them? Let them not forget the device, which the founders of the Batavian Republic adopted: Concordia res parve crescunt, discordia maxime dilabuntur.
LONDON, June 4.
By the new constitution of Poland, the King is invested with high prerogatives, nearly equal to those of Great Britain. He is to have the nomination of Bishops, Senators, and all civil and military officers; and to appoint Ministers at Prime Agents of the executive power, but they shall always be responsible and liable to be dismissed. The person of the King shall be sacred and inviolable, and entirely free from responsibility, which is equal to the English maxim, that the King can do no wrong. In time of war, he shall command and direct all military operations. His title shall be "Stanislaus Augustus, by the grace of God, and the wishes of the nation, King of Poland."
It will never be forgot in Poland, that on the memorable 3d of May, the patriotic King Stanislaus Augustus discharged his guards. In his procession from the Senate house to the church, and from the latter place to his own palace, he absolutely refused to have a single man of his usual guard with him, but mixed with the Senators and citizens at large, and frequently was engaged in the crowd. "Well," said he, at the close of the evening, "thank God not a single drop of blood has been shed. Perhaps none of the greatest misfortunes that has happened to day, has lighted upon myself, for I have lost my hat in the crowd."
All arguments from our former policy respecting Russia, are inapplicable to our present situation. We introduced her (it is said) in 177 into the Mediterranean. We declined opposing her taking the Crimea in 1782. But let it be remembered, that at both those periods France the ancient ally of Turkey, the natural protectress of her independence, was in full vigor. It could not be the policy of England to strengthen the ally of her rival, nor could she have any reasonable alarms for the independence of a power protected by the House of Bourbon. But circumstances are changed—The imbecility of France has now thrown Turkey into the arms of the Triple Alliances. If they abandon her, she must perish, and with her one of the great bulwarks of the security of Europe against the towering ambition of Catherine II.
Since the Porte has, by the debility of France, been compelled to form a closer connection with England, she has recalled many preferences to French produce, which had been prescribed by the French alliance, and which had ruined our Levant trade, once one of the most flourishing branches of our commerce. Our Levant trade has accordingly, within these three last years, doubled, and promises, in due time, to rise to its former level—No mean commercial price for the rescue of Turkey.
Letters from Vienna observe, that the Marquis de Noailles, proceeded (for the last time) in his state carriage, with the full family liveries, and the arms blazoned, to the house of the Chancellor, Prince de Kaunitz, and put, with great form, into his hands, the memorial wherein Louis the sixteenth declares himself the "chief of the revolution of France." The real answer given to the Ambassador has not yet transpired; but a courier has, on this occasion, been dispatched to the Emperor, who is now at Parma. Monsieur Noailles who, previously to the revolution styled himself Marquis, no longer presents himself in any other character than that of the Ambassador of France; and this without even joining to the appellation his family name; yet, his two sons continue to be addressed, in all companies, as the Comtes de Noailles.
Louis the sixteenth appears to make rapid progress in his emancipation from the Papal supremacy:—The Nuncio has been ordered to quit Paris.
The Turkish army in Bulgaria consists of 110,000 effective men. The Russian forces in Moldavia and Bessarabia amount to 120,000.
The Nabob of Oude, has at length finished his new palace, at Lucknow—it is four miles in circumference, but is built so contrary to all order, that every apartment seems to belong to different persons—the last room that has been fitted up, is the most magnificent thing that can be imagined; it is entirely of ivory and silver. The Nabob is particularly partial to hunting and he is the only one of the Asiatic despots that hunts in the true eastern stile of magnificence; his train in general, consists of 750 elephants, 5,000 horse, and 40,000 foot—half a dozen tygers of a morning are to him a breakfast, and a rhinoceros, with two or three panthers, a luncheon, before dinner.
On Sunday the 15th of May, the wife of Mr. Richard Smith, a day-labourer, of Le. Brockhurst, in Shropshire, was safely delivered of three daughters, and all of them are as well as can be expected; but they are so extremely small and delicate, as to admit a woman's ring of an ordinary size, to be put over the foot, ankle, and almost up to the knee.
Rumour states, that it has been long the earnest wish of a Great Personage* to pass the residue of his life in as much serenity as the nature of his painful situation will permit, and that to
the complete repose of his mind, nothing would with so much certainty contribute, as the seeing a strong and efficient administration in the country. Report also observes, that Mr. Fox was mentioned upon this topic, and that no objection was made; and further, that arrangements would be entered upon, in which that Statesman would be included.
* George III.
ALBANY, August 1.
On Thursday last arrived in this city from London, via New-York, and the same evening set off for Canada, Mr. STEWART, the noted pedestrian—who, we are told, has travelled over the greater part of Europe, Asia and Africa on foot; and has come to this country, for the purpose of completing his travels, by making the tour of the American world. Mr. Stewart is a middle aged man, about six feet high—and what is particularly remarkable, he is said to eat no animal food, and but one meal a-day.
ELIZABETH-TOWN, Aug. 10.
A letter from Maryland, dated George Town, August 1, mentions, that Mr. Ellicot, the Surveyor-General, is busily employed in the federal city, in opening streets, laying off squares, lots, &c. and that it is expected the public buildings will be begun next spring, which will give employ to 3000 workmen. It also mentions, that a dryer summer than the present was never experienced, having had but little rain since April last;—that the corn crops will be trifling; and, as for tobacco, scarce any.
Philadelphia, August 17.
European intelligence is received to the 18th June.
A motion in the National Assembly June 10, by M. Roberpierre, to disband the army, occasioned a warm and lengthy debate; the next day the opinion of the committee of the constitution on this subject was received, read, and adopted—the substance of which was, to simplify and more perfectly regulate the standing forces, and provide more effectually for the fidelity of the commissioned officers, &c.
This report contained a request that the King would give notice to M. Conde that his residence near the frontiers gives uneasiness to the inhabitants, and requiring him to return into the kingdom, or to remove from the frontiers within 15 days—if he does not conform to the decrees of the Assembly he is to be declared a rebel.
June 14. Eight articles were decreed intended to prevent combinations of journeymen to raise wages—or of employers to lower the price of labor.
A curious letter from the Abbe Raynal (now in decrepitude and dotage) was received by the National Assembly, the first of June: This letter contains all the common place doctrine of the aristocratic faction, about destroying the power of the crown, and the noblesse; M. Malouet it is said has the honor of drawing the Abbe to this miserable contradiction of the former doctrines of his life; this letter was read without interruption and very little notice taken of it.
Two letters were received, one from the American Congress, and one from the Assembly of Pennsylvania, thanking the Assembly for the tribute they had paid to the memory of Dr. Franklin, and expressing the high regard which America entertained for the acts and sentiments of the National Assembly of France. These letters were ordered to be printed.
A special session of the Circuit Court of the United States, in and for Pennsylvania District of the middle circuit, was on Monday held in this city.
The Judges, Wilson and Iredell, present.
Judge Wilson delivered an excellent charge, and the jury having withdrawn, returned with a bill, charging Eleanor McDonald with having committed a larceny, in having taken the goods of Henry Williams on the high seas; whereupon the said Eleanor pleaded not guilty—her trial was to come on yesterday. Having been asked whether she had engaged a counsel, she replied in the negative; whereupon the Court informed her that they would appoint a gentleman of the bar to advocate her cause.
By accounts received from St. Croix, so late as the 2d inst. we are informed, that the price of flour there was about five dollars per barrel; and it could also be bought at St. Eustatia for the same price.
Col. HUMPHREYS, Resident of the United States at the Court of Lisbon, has been received in that character.
The State of Rhode-Island has lately sustained a heavy loss, by the death of that distinguished patriot, President MANNING—an event that must affect the friends of virtue, science, and patriotism, through the union.
192

POLITICAL SKETCH.
[CONTINUED.]
IT is within the recollection of every person, how generally the conduct of the state of Rhode-Island was reprobated for the inveterate opposition which she made to the five per cent. impost proposed by the Congress under the old confederation.
Had the Congress of the old confederation been invested with general powers to raise a revenue, the people of the United States, and their posterity after them, would have been under the government of an uncontrouled elective aristocracy—a single assembly, without any check but the remote, discordant voices of thirteen distinct, independent sovereignties.
Some recent transactions in regard to education indicate a just sense of the importance of learning to the securing and perpetuating freedom; while, at the same time, the distinguished benevolence of the more wealthy part of the citizens, in patronizing institutions, that will prove a perpetual tax upon their estates, merits the highest eulogium.
Among the numerous advantages consequent on the re-union of these confederated states under the new constitution, we may justly reckon the almost total extinction of local prejudices, and contracted state-policy—for although some persons are yet haunted with the frightful idea of such an inveterate incompatibility of interests, as will eventually disturb, if not dissolve the Union, yet adverting to facts, we find that there is no reason to suppose that a spirit of illiberal jealousy will ever disgrace our councils, or disturb the peace of our country.
The state of Vermont had for several years been an independent republic, previous to the late recognition of the fact on the part of the general government. Several propositions had from time to time been submitted to the old Congress, respecting her being acknowledged as an integral branch of the Union—but all these applications proved ineffectual—there were so many private views to contravene the wishes of the Vermontese, that it was very problematical whether they would have been ever cordially conceded to under the old confederation.
(To be continued.)
EXTRACT FROM THE TEARS OF HUMANITY.
A POEM.
Published in the MASSACHUSETTS MAGAZINE.
YE glorious guardians of Britannia's fame! Warm'd with the brightest ray from Vi-tue's flame, To You torn slav'ry's rending eyeballs roll, For You ascends his eloquence of soul!
Boston, July 24th, 1791.
* Right Hon. William Pitt, Chancellor of the Exchequer.
† The Right Hon. Charles James Fox.
‡ See his last speech in favour of the abolition of this infamous traffick.
§ See his pathetic speech on the distresses in India.
¶ Mr. Wilberforce, of the society of Friends.
The most approved debates of the National Assembly are taken in Paris in a new and singular manner. Six persons are engaged in the performance. They sit round a circular table, and each, as a sentence is uttered, in his turn, writes one word out of six, giving a jog with the knee while occupied in writing the word which falls to his share;
We are informed that a plan to promote American Manufactures is now on foot, which will embrace this important object upon a scale hitherto unattempted in this country. We are assured that upwards of one hundred and twenty-three thousand dollars have already been subscribed towards carrying the plan into execution.
A situation in the Jerseys, we are also informed, is contemplated as the most eligible for the prosecution of the business. There are characters in the United States who are indefatigable in their labours for the public good—favored by the author of nature with comprehensive powers of investigation, and having their minds strongly impressed with patriotic views, the force of their genius is constantly exerted to devise such plans as may encrease the objects of profit and employment, strengthen our public credit, and reduce the public debt.
The President of the United States has appointed TIMOTHY PICKERING, Esq. Post-Master-General.
The situation of the United States is with reason and justice said to be dissimilar to that of all other countries—We commence our political career at the highest point of improvement in the oldest and most experienced governments—for us the nations of the world display the extensive volume of past events—for us the wares of avarice, ambition and domination are recorded—for us the arts and manœuvres of the cunning politician are developed, and the secret springs and foldings of the human heart are exposed to full view—for us the means by which liberty has been undermined, and the chains of tyrants fixed on the people, with all the cabals of parties, and the rage of factions, are portrayed by the pen of history: Wisely considering that human nature is the same in all ages, and that like causes will
forever produce like effects, we have, as far as possible, in our general and state governments, taken reason and experience for our guide—we have set bounds to the ambition of man, by tempering the ardor of youth with the deliberate gravity of age and experience—and by establishing it as the corner stone of our political fabrics, that all power originates in the people—we have created a monitor that continually reminds the highest in office, that the PUBLIC GOOD is the supreme law of these free States.
"Knowledge by time advances flow and wife, Turns every where its deep discerning eyes; Sees what befall, and what does yet befall, Concludes from both, and best provides for all."
Or, as one of our own writers says—"Blest by Heaven with a concurrence of favorable circumstances, the citizens of these States have been enabled to seize on and profit by the wisdom and experience of ages; and upon an equal and solid base, to erect a splendid and magnificent dome, in which wisdom, strength and beauty are elegantly and usefully blended. It is the aggregate of the active virtues of individuals, cemented by morality: and it is denominated PUBLIC GOOD."
Flatterers are confined to no age or country, and their motives are the same in all situations—they are equally dangerous and detestable under all governments—for those who flatter the people for sinister purposes in free states, would adulate a tyrant in a despotism; and for the same reason, because they are respectively the source of power and preferment.
SAYS A CORRESPONDENT,
The late speculations in Scrip appear to have had no better foundation than fancy; it is well if the result is not something real. The old ballad does not seem to have been duly attended to—
Learn to be wise by other's harm, And you shall do full well.
The check which the Scrip balloon received in its ascension, will doubtless prove the salvation of many; for the same fancy which raised it to 300, would very soon have puffed it 100 higher—and in proportion to the elevation, would have been the crash occasioned by its descent.
Captain Hills, the gentleman who has been for some time past surveying the country between the Connecticut and Charles Rivers (Mass.) in order to open a canal communication between them, has completed the business. We understand that he thinks a canal practicable.
From PELOSI'S MARINE LIST.
ARRIVALS at the PORT of PHILADELPHIA.
Table with 2 columns: Ship Name, Origin. Includes Washington, Forte, Londonderry; Brig Sally, Cochran, Oporto; Keziah, Brown, Cape-Francois; Sloop Sally, Eve, St. Kitts; Philadelphia Packet, Holden, New-York.
PRICE CURRENT.—PUBLIC SECURITIES.
Table with 3 columns: Security Type, Price in Cents, Price in £. Includes 6 pr. Cents, 3 pr. Cents, Deferred 6 pr. Cents, Final Sett. and other Certificates, N. and S. Carolina debts, Bank Subscriptions.
Various calculations of the value of Bank Stock appear in the papers—but they are very uncertain—a just estimate must be the result of an accurate statement of the dividends; the dividends will depend in some measure on contingencies, but taking for data those which have been made by the existing State Banks, it may be fairly presumed, that those of the bank of the United States will greatly exceed the per cent. which some have published, tho' it is probable that others have over-rated it.
GRAY'S GARDENS.
A CONCERT of VOCAL and INSTRUMENTAL MUSIC will begin To-morrow, the 18th of August, at 4 o'clock in the afternoon, and conclude at 9 at night, should the day be fair. Tickets delivered at one Quarter of a Dollar at the Bar. The Illumination will be very extensive and splendid. Gray's Ferry, August 17. G. & R. GRAY.
Her Most Faithful Majesty's Consul-General to the United States, publishes the following EXTRACT from the Instructions sent him by the Royal Board of Trade at LISBON, for the information of those whom it may concern:
ALL Mercantile Contracts, Policies of Insurance, Protests, or other Documents, which are to be given in evidence in Courts of Justice, or out thereof, shall be authenticated by the Consuls, and sealed with the royal arms of the respective Consulate, which her Majesty has been pleased to grant the Consuls to affix to papers relating to their office; without which no credit shall be given thereunto in Courts of Justice, or otherwise. Philadelphia, August 12.
New-Haven Wharf Lottery. (BY ORDER OF THE MANAGERS.)
New-Haven, July 20, 1791.
THE Public are informed, that the Tickets in the New-Haven Wharf Lottery have met with a rapid Sale;—more than two-thirds are already disposed of. The DRAWING will positively commence on the 13th September next. Those Persons who have received Tickets to sell, are requested, without fail, to return to the Managers what shall remain unsold on the 10th September. Those who intend to become Adventurers in this Lottery, will do well to secure TICKETS immediately, lest, by delay, they lose the CHANCE of making their FORTUNES; as the Managers have no doubt the Tickets will all be SOLD before the 10th September.
A few of the above TICKETS may be had (if applied for soon) of Messrs. STEPHEN AUSTIN & Co. corner of Pine and Front-streets—who are authorised to pay the PRIZES. Philadelphia, August 13, 1791.

IMPERIAL HYSON, SOUCHONG, and BOHEA T E A S, REFINED SUGARS, COFFEE, & SPICES, &c. &c. Of the first quality—by retail, No. 19, Third-Street, between Chestnut and Market Streets.
LOTTERY TICKETS, Charlestown (Massachusetts) to commence drawing 1st Sept. New-Haven Wharf, 13th do. Massachusetts Semi-Annual, 2d Class, 13th Oct. may be had as above.
PINTARD and BLEECKER, PURCHASE and SELL all kinds of Certificates & Public Securities, On COMMISSION, at public and private sale, on the following terms:
ON the specic amount of all sales or purchases at auction, one eighth per cent. On ditto of all sales or purchases at private sale, on all sums below 5000 nominal dollars, one-half per cent.; and on all sums above 5000 nominal dollars, one-fourth per cent. For receiving interest at the Loan-Office, one per cent. For making transfers at ditto, one dollar each transfer. Such persons throughout the United States, as may be pleased to favor the subscribers with their orders, may rely on their being executed with punctuality, fidelity and dispatch, as con- siderable experience in the public stocks, together with extensive connections in the city of New-York and different parts of the continent, enable them to conduct their operations with peculiar advantages.
PINTARD & BLEECKER, New-York, No. 57, King-Street. (97 1aw 6m)
PUBLIC SECURITIES, BOUGHT and SOLD, on COMMISSION, by SAMUEL ANDERSON, Chestnut-Street, next door to the Bank, No. 97. MASSACHUSETTS SEMI-ANNUAL, AND NEW-HAVEN LOTTERY TICKETS, To be had at the same place.
CHILDS AND SWAINE Have now in the Press, and in a few days will publish In a handsome Volume OCTAVO, [PRICE ONE DOLLAR AND A HALF] THE
L A W S OF THE UNITED STATES OF AMERICA; Collated with, and corrected by, the original Rolls in the office of the Secretary of State, agreeably to a resolve of Congress, passed the 18th February, 1791. With a COMPLETE INDEX.
This volume will comprise the Federal Constitution, the Acts of the three Sessions of the First Congress, and the Treaties:— also, the Declaration of Independence, and sundry Resolves and Ordinances of Congress under the Confederation. New-York, August 3.
New-Haven Wharf Lottery.
THE Legislature of the State of Connecticut, at their session in December last, granted a Lottery for the purpose of extend- ing Union Wharf, in the harbour of New-Haven, to the channel; and appointed the subscribers managers, who having given bond for the faithful discharge of their trust, present the public with the following
 S C H E M E.  1 Prize of 10,000 Dollars, is 10,000  1 5000 5000  1 4000 4000  2 2000 are 4000  4 1000 4000  5 500 2500  12 200 2400  30 100 3000  45 50 2250  50 40 2000  61 30 1830  100 20 2000  140 10 1400  5390 8 43,120 
5842 Prizes. 11658 Blanks. 17500 Tickets, at Five Dollars each, is 87500 NOT TWO BLANKS TO A PRIZE.
Subject to a deduction of twelve and a half per cent. The public utility of extending this wharf, is too evident to re- quire any comment, to those who are acquainted with the town and harbour of New-Haven; to those who are not, suffice it to say, that its beautiful situation is not surpassed, if equalled by any; be- ing in the heart of a country, which may, with propriety, be said to be the garden of America. The harbour lays open to the sound but by reason of the flats, this wharf is necessarily extended to the channel, where ships can load and unload; and when compleat- ed, will be the most extensive and commodious wharf in America, the whole extent being about 3/4ths of a mile; and not only the mercantile interest of New-Haven and the towns adjacent, but the maritime interest of all the States will be benefited by it. The general wish that prevails in the minds of all classes of people, for the success of this enterprize, together with the very great advan- tage which this scheme holds out to adventurers (there being more capital prizes for the number of tickets than any yet published in America) induce the managers to believe the tickets will meet with a speedy sale.
The drawing will positively commence at the State-House, in New-Haven, on the 13th of September next, or sooner, if the tickets are sold.
A list of the fortunate numbers will be published, and the prizes paid on demand, by the managers. Those prizes not called for in nine months after drawing, will be deemed as generously given for the use of the wharf, and appropriated accordingly.
MANAGERS: JAMES RICE, MICHAEL TODD, JEREMIAH ATWATER, ELIJAH AUSTIN, JOSEPH DRAKE, JOSEPH HOWELL. New-Haven, April 14, 1791.
TICKETS in the above Lottery may be had at the Compting-house of Messrs. STEPHEN AUSTIN, and Co. corner of Front and Pine-Streets.
Who will pay the prizes which may be drawn by Tickets pur- chased of them in said Lottery.
Tickets in the Massachusetts Lottery that have drawn prizes, will be received in payment for the above tickets.
ADVERTISEMENT.
BY late arrivals from France, the Editor has received from No. 10 to 31, both inclusive, of a Publication which comes out twice a week in Paris, entitled, "CORRESPONDANCE NATIONALE."— From No. 1 to No. 10, have been shipped, but are not yet come to hand. Any person who may incline to subscribe for this work, which appears to be ingenious, impartial and patriotic, may be furnished with the numbers as they arrive by applying to the Editor of this Gazette.
BOOKS. CAREY, STEWART, and Co. No. 22, NORTH-FRONT-STREET, HAVE FOR SALE,
A large collection of BOOKS;
Among which are the following AMERICAN EDITIONS.
LOVELASS on Bills of Ex- Dallas's Reports. change. Kirby's Connecticut Reports. Clerk's Vade Mecum. Conductor Generalis. Gilbert's Law of Evidence.
New Edinburgh Dispensary. Buchanan's Domestic Medicine, Cullen's First Lines of the Prac- latest edition. tice of Physic. Clark on Diseases of Horses. Rush's Medical Enquiries. Gentleman's Pocket Farrier. Brown's Elements of Medicine.
Osterwald's Christian Theology. Jenyn's Internal Evidence of Rise and Progress of Religion the Christian Religion. in the Soul. Beattie's Evidence of Ditto. Necker on Religious Opinions. Think Well On't. Fordyce's Addresses to Young Devout Christian's Vade Mecum Men. Edwards's History of Redemp- Sermons to Young tion.
Women. on the Religious Af- Poor Man's Help and Young fections. Man's Guide. against Chauncey. Newton's Dissertations on the Booth's Apology for the Baptists Prophecies. Doway Translation of the Vul- Lectures delivered by Soame gate Bible. Jenyns. Enfield's Family Prayers. The Christian Remembrancer. Methodist Hymns. Future State Eternal. Watts's Hymns and Psalms. Russell's Seven Sermons. Price's Sermons.
Ramfay's American Revolution Life of Baron Trenck. History of America. Smith's Wealth of Nations. Morse's Geography. Paley's Moral Philosophy. Siege of Gibraltar. Smellie's Philosophy of Natural Shaw's Abridgement of Bruce's History. Travels. Nicholson's Natural Philosophy Keate's Account of the Pelew Junius's Letters.
Pike's Arithmetic. Hale's Affectionate Epistles to Gough's Arithmetic, altered by his Children. Workman. Beauties of Johnson. Clark's Introduction to the mak- of Sterne. ing of Latin. Percival's Father's Instructions. Doddsley's Fables. Lady's Advice to her Daughters. P. Ovidii Nasonis Metamor- Emma Corbet. phoseon, l. X. Accomplished Gentleman. Philadelphia Latin Grammar. Ela, or the Delusions of the Ruddiman's Rudiments. Heart. Schoolmaster's Assistant. Adventures of Maria Cecilia. Selecta e Veteri Testamento Adventures of Alphonso and Historiae. Dalinda. Scott's Lessons on Elocution. Beattie's Poems. Sargeant's Short Hand. Conquest of Canaan. Wettenhall's Greek Grammar. Chesterfield's Principles of Po- Young Man's Companion. liteness. Catechism of Nature. Economy of Human Life. Hervey's Meditations. Fables for the Ladies. Young's Night Thoughts. Freneau's Poems. Thomson's Seasons. Mackenzie's Lounger. Rudiments of Taste. More's Sacred Dramas. Klopstock's Messiah. Present for an Apprentice. Lavater's Aphorisms.
IMPORTED BOOKS.
Kennet's Roman Antiquities. School Dialogues. Trimmer's Sacred History, Andrews's History of the Ame- 6 vols. rican War, 4 vols. Nicholson's Navigation. New Annual Register. Alexander's Experimental En- Vattel's Law of Nations. quiries. Walker's Academic Speaker. Experimental Essays. Life of Robinson Crusoe. Huxham on Fevers. Saville's Miscellanies. Virtues and Efficacy of a Crust School of Wisdom. of Bread. Knox's Sermons, 2 vols. Edinburgh Pharmacopia. Description of 300 Animals. Burke's Speeches and Political Boyle's Voyages. Tracts. Sterne's Sentimental Journey. Beauties of the British Senate. The Apocrypha. Davies's Dramatic Miscellanies. Marmontel's Belisarius. Miss Murray's Mentoria. Journey through Sweden. Stuart's View of Society. Dupaty's Travels. Richard Steele's Correspondence Stretch's Beauties of History. Man of the Moon, 2 vols. Allinson's Essay on the Nature Dramatic Pieces. and Principles of Taste. Philadelphia, August 6, 1791. (w&13w 1aw6t)
A FINE CHANCE FOR A YOUNG PRINTER.
FOR SALE,
A Printing Press and Types, together with the right of publishing a PAPER, in good repute, the subscribers to which are continually increasing—The present number of its patrons is between seven and eight hundred. The types consist of BURGEIS, PICA, and a sufficient quantity of lar- ger letter to display advertisements to advantage. The situation is in the interior part of MASSACHUSETTS, in the centre of a populous and thriving community, and within 17 miles of an ex- cellent Paper-Mill, where paper of every quality and size may always be had on short notice. Perhaps no country paper on the continent has a larger share of Advertisements than the one offered for sale. A very considerable profit also accrues from the sale of Blanks of all kinds, which are much used in the place—from the publication of Hand-Bills, &c. &c. It is a good situation, also, for a small Book-Store—and it is supposed the Book-Binding bus- iness might be carried on in the same place to advantage. For further particulars, enquire of JOHN FENNO, at his Office, No. 69, High-Street, between Second and Third-Streets, Phi- ladelphia. (1aw 8w)
PHILADELPHIA, 20th July, 1791. THE Commissioners appointed to receive Subscriptions to the Bank of the United States, do hereby, agreeable to law, in- form the Stockholders of the said Bank, that an election for twenty- five Directors will be held at the City-Hall in Philadelphia, on Friday the 21st day of October next, at 10 o'clock in the morning. THOMAS WILLING, DAVID RITTENHOUSE, SAMUEL HOWELL.
Charlestown (Mass.) Lottery. CLASS XXII.
THE MANAGERS of said Lottery present to the Public the following
 S C H E M E Of the TWENTY-SECOND CLASS, Consisting of 7000 Tickets, at THREE DOLLARS each, 21,000 Dollars.  1 Prize of 2500 Dolls. is 2500  1 1000 1000  15 100 are 1500  20 50 1000  20 40 800  20 30 600  40 20 800  60 10 600  70 8 560  80 6 480  2008 4 8032  2335 Prizes, 17872  4665 Blanks, Deduction, 328 
7000 Tickets, Amount, 21000 This Class will commence drawing on or before the 1st of September. Tickets may be had of the several Managers in Charlestown, and at the usual places in Boston.
THOMAS HARRIS, MATTHEW BRIDGE, } Managers. SAMUEL SOLEY, Charlestown, May 25, 1791.
HAZARD and ADDOMS,
No. 173, Market-Street, HAVE TICKETS in the above, and in the Massachusetts Second SEMI-ANNUAL LOTTERY, for Sale.
MASSACHUSETTS SEMI-ANNUAL LOTTERY. CLASS II.
THE MANAGERS of the STATE-LOTTERY assure the Public, that the second Class of the SEMI-ANNUAL LOT- TERY will positively commence drawing on the day appointed, viz. On Thursday the 13th of October next, or sooner, if the Tickets shall be disposed of. As the Managers have in their several monthly Lotteries commenced drawing at the hour assigned, so they are determined to be equally as punctual in this.
S C H E M E. NOT TWO BLANKS TO A PRIZE. 25,000 TICKETS, at Five Dollars each, are 125,000 Dollars, to be paid in the following Prizes, subject to a deduction of twelve and an half per cent. for the use of the Commonwealth.
 PRIZES. DOLLARS. DOLLARS.  1 of 10000 is 10000  2 3000 are 6000  3 2000 6000  6 1000 6000  10 500 5000  30 200 6000  80 100 8000  90 50 4500  100 40 4000  120 30 3600  161 20 3220  200 10 2000  7585 8 60680  8388 Prizes. 125000  16612 Blanks. 
25000 Tickets. TICKETS in the above Class may be had of the several MANAGERS, who will pay the prizes on demand; of the TREASURER of the Commonwealth; of JAMES WHITE, at his Book-store, Franklin's Head, Court-street—and at other places, as usual.
BENJAMIN AUSTIN, jun. DAVID COBB, SAMUEL COOPER, } Managers. GEORGE R. MINOT, JOHN KNEELAND, Boston, April 14, 1791.
WAR DEPARTMENT,  MAY 30, 1791.  INFORMATION is hereby given to all the military loyalists of the United States, that the sums to which they are entitled for six months of their annual pension, from the 4th day of March, 1791, and which will become due on the 4th day of September ensuing, will be paid on the said day by the Commissioners of the Loans within the States respectively, under the usual regulations, viz. Every application for payment must be accompanied by the fol- lowing vouchers.  1st. The certificate given by the state, specifying that the person possessing the same is in fact an invalid, and ascertaining the sum to which as such he is annually entitled. 2d. An affidavit, agreeably to the following form: A. B. came before me, one of the Justices of the county of in the state of and made oath that he is the same A. B. to whom the original certificate in his possession was given, of which the following is a copy (the certificate given by the state to be recited) That he served (re- giment, corps or vessel) at the time he was disabled, and that he now re- sides in the and county of and has resided there for the last years, previous to which he resided in  In case an invalid should apply for payment by an attorney, the said attorney, besides the certificate and oath before recited, must produce a special letter of attorney agreeably to the following form: I, A. B. of county of state of do hereby constitute and appoint C. D. of my lawful attorney, to receive in my behalf of my pension for six months, as an invalid of the United States, from the fourth day of March, one thousand seven hundred and ninety-one, and ending the fourth day of September of the same year.  Signed and sealed in the presence of Witnesses.  Acknowledged before me,  Applications of executors and administrators must be accompa- nied with legal evidence of their respective offices, and also of the time the invalids died, whose pension they may claim.  By command of the President of the United States, H. KNOX, Secretary of War.  The JOURNAL of the THIRD SESSION of the SENATE of the UNITED STATES, may be had of the Editor hereof.