The New-York journal, and daily patriotic register (New-York [N.Y.]), 1788-03-06 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 55, of VOL. XLII.]
THURSDAY, March 6, 1788.
[Total NUMB. 2235.]
HERE TRUTH UNLICENSED REIGNS; AND DARES ACCOST—E'EN KINGS THEMSELVES, OR RULERS OF THE FREE. Thompson's Liberty.
NEW-YORK: Printed and Published by THOMAS GREENLEAF, at the PRINTING-OFFICE, No. 25, WATER-STREET.
At a Court of Probates of the state of New-York, held at the Probate-Office in the City of New-York, on the twenty-seventh day of February, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
P R E S E N T, The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS George Fowler, and Patience his wife, which said Patience is executrix of Garret Miller, late of Cornwall precinct, in the county of Orange, yeoman, deceased, have, by their petition presented to the said judge, set forth, that the said Garret Miller was at the time of his death seized of a real estate within this state, that the petitioners have made a just and true account of the personal estate and debts of the said Garret Miller, as far as they had been able to discover the same, and that thereby it appeared that the personal estate of the said Garret Miller was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "an act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Garret Miller, do appear before the judge of the said court of probates, at the probate office, in the city of New-York, on the fourteenth day of April next, to show cause, if any they have, why so much of the real estate whereof the said Garret Miller died seized, should not be sold as will be sufficient to pay his debts.
29 4w. th. PETER OGILVIE. At a court of Probate of the state of New-York, held, at the Probate-Office in the city of New-York, on the twentieth day of February, in the year of our Lord one thousand seven hundred and eighty eight. P R E S E N T, The Hon. PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS William Howland, administrator of Israel Howland, late of Pawling Precinct in Dutchess county, farmer, deceased, hath by his petition presented to the said judge, set forth, that the said Israel Howland, was, at the time of his death, seized of a real estate within this state, that the petitioner had made a just and true account of the personal estate and debts of the said Israel Howland as far as he had been able to discover the same, and that thereby it appeared, that the personal estate of his said intestate was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors and administrators, and for proving wills respecting real estates;" and the said petitioner hath delivered to the said judge the account in the said petition mentioned. Hereupon it is ordered by the said judge that all persons interested in the estate of the said Israel Howland, do appear before the judge of the said court of Probates at the Probate-office in the city of New-York, on the seventh day of April next to show cause if any they have, why so much of the real estate whereof the said Israel Howland, died, seized, should not be sold as will be sufficient to pay his debts.
23 4w. PETER OGILVIE. At a Court of Probates of the State of New-York, held at the Probate-Office, in the City of New-York, on the twentieth Day of February, in the Year of our Lord one Thousand seven Hundred and Eighty-eight. P R E S E N T, The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Robert Walker of Pawling's Precinct, in Dutchess county, carpenter, and Mary his wife, late Mary Briggs, (which said Mary is executrix of Prince Briggs late of Dutchess county, and state of New-York, deceased) have by their petition presented to the said judge, set forth, that the said Prince Briggs was at the time of his death seized of a real estate within this state, that the petitioners had made a just and true account of the personal estate and debts of the said Prince Briggs as far as they have been able to discover the same, and that thereby it appeared that the personal estate of the said testator was insufficient to pay his debts and therefore requested the aid of the said judge in the premises, according to the directions of the act "entitled an act for the relief of creditors against heirs, devisees, executors and administrators and for proving wills respecting real estates." And the said petitioners have delivered to the said judge the account in the said petition mentioned. Hereupon it is ordered by the said judge that all persons interested in the estate of the said Prince Briggs do appear before the judge of the said court of Probates at the Probate-office, in the city of New-York, on the seventh day of April next, to show cause, if any they have, why so much of the real estate whereof the said Prince Briggs, died, seized, should not be sold as will be sufficient to pay his debts.
23 4w. PETER OGILVIE. S H R U B, Of the very best Quality, by the Hoghead, Barrel, or smaller Quantity, F O R S A L E 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 thirteenth day of February, in the year of our Lord one thousand seven hundred and eighty-eight.
P R E S E N T, The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Johan Daniel Gros and Catharine Paris, executor of Isaac Paris, late of Stone Arabia, in the county of Montgomery, esquire, deceased, have by their petition presented to the said judge, set forth, that the said Isaac was at the time of his death seized of a real estate within this state, that the petitioners had made a just and true account of the personal estate and debts of the said Isaac Paris as far as they have been able to discover the same, and that thereby it appeared that the personal estate of the said Isaac Paris was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "an act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Isaac Paris, do appear before the Judge of the said Court of Probates, at the Probate Office, in the city of New-York, on the thirty-first day of March next, to show cause, if any they have, why so much of the real estate whereof the said Isaac Paris died seized, should not be sold as will be sufficient to pay his debts.
PETER OGILVIE. At a Court of Probate 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 Phillips Manor, in the county of Westchester deceased, hath by her petition, presented to the said judge, set forth, that the said Abraham Van Wart, was at the time of his death, seized of a real estate within this state, that the petitioner had made a just and true account of the personal estate and debts of the said Abraham Van Wart, as far as she had been able to discover the same; and that thereby it appeared, that the personal estate of her said intestate was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates;" and the said petitioners hath delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Abraham Van Wart, do appear before the judge of the said court of Probates, at the Probate-Office, in the city of New-York, on the seventeenth day of March next, to show cause, if any they have, why so much of the real estate whereof the said Abraham Van Wart, died seized, should not be sold, as will be sufficient to pay his debts.
5 4w. PETER OGILVIE. At a Court of Probates of the State of New-York, held at the Probate-Office, in the City of New-York, on the twenty-third Day of January, in the Year of our Lord one Thousand seven Hundred & Eighty-eight. P R E S E N T, The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS Moses Wickas and Vanhaclah Robins, executors of the last will and testament of Jeremiah Ruland, late of Huntington, in the county of Suffolk, yeoman, deceased, have by their petition presented to the said judge, set forth, that the said Jeremiah Ruland, was at the time of his death seized of a real estate within this state, that the petitioners have made a just and true account of the personal estate and debts of the said Jeremiah Ruland, as far as they have been able to discover the same, and that thereby it appeared, that the personal estate of the said Jeremiah Ruland was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Jeremiah Ruland, do appear before the judge of the said court of Probates, at the Probate-Office in the city of New-York, on the tenth day of March next, to show cause, if any they have, why so much of the real estate whereof the said Jeremiah Ruland died seized should not be sold, as will be sufficient to pay his debts.
99 4w. PETER OGILVIE. To the afflicted with WORMS. LATELY received from the western country, and may be had at No. 21, Beckman-Street, an extraordinary and never-failing WORM POWDER. From long experience it has been found, that three doses of these Powders will effectually destroy the Worms, either in children or grown persons. New-York, Sept. 13, 1787. 32—e.d.
At a Court of Chancery, held at the Chancellor's Chambers, in the City of New-York, the eleventh Day of December, in the Year of our Lord one Thousand seven Hundred and Eighty-seven.
P R E S E N T, The Hon. ROBERT R. LIVINGTON, Esq. Chancellor.
Stephen Skinner, FORAMUCH as it appears to this court, that William Gray, and a bill hath been filed therein, by William Deane, in by Stephen Skinner, mortgagee, against William Gray, and William Deane, to obtain a decree for the sale of certain premises therein mentioned to have been mortgaged by the said William Gray, to the said Stephen Skinner; whereupon process of subpoena to appear and answer, hath been duly issued and returned, and that the said William Gray, hath not entered his appearance in this cause, as according to the rules of this court the same ought to have been entered, in case the said process had been duly served; and an affidavit having been made to the satisfaction of this court, that on strict search and diligent enquiry in the county of Westchester, and elsewhere, the defendant William Gray, cannot be found to be served with the said process, by which the said William Gray was directed to appear in this honorable court, on the twelfth day of October last past, at the suit of the said Stephen Skinner, and which said subpoena issued on the filing of the bill of complaint in this cause; wherefore it is ordered, on motion of Mr. Troup, of counsel, for the complainant, that the said William Gray appear to the said bill, on or before the nineteenth day of February now next ensuing, and in default thereof, that the complainant's said bill be taken pro confesso, so far forth as it in any wise concerns the said defendant, the said William Gray; to the end, that a decree may be made for a sale of the said premises, or such part thereof as to this court shall appear just and right; and it is further ordered, that a copy of this order, within twenty days from the date hereof, be inserted in, at least, two of the public newspapers printed in the state of New-York, for the space of eight weeks successively. Extract from the minutes, 99 8w. th. W. COCK, Register.
At a Court of Chancery, held at the Chancellor's Chamber, in the City of New-York, the eleventh Day of January, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
P R E S E N T, The Hon. ROBERT R. LIVINGTON, Esq. Chancellor.
Stephen Skinner, MR. TROUP , of counsel, for the complainant suggesting to the court, William Gray, and William Deane, that the order of the eleventh day of December now last past, had not been inserted within twenty days from the date thereof, in two of the public newspapers printed in this state, as according to the said rule the same ought to have been done; wherefore, on motion of Mr. Troup, the honorable the chancellor orders, and directs, that the said order stand renewed, giving the said defendant time to appear on or before the nineteenth day of March now next ensuing. Extract from the minutes, 99 8w. th. W. COCK, Register.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the 19th day of March, 1774, entitled, "An act for the more effectual registering of mortgages, and securing the purchasers of mortgaged estates;" that on the sixth day of June next ensuing, at ten o'clock in the forenoon, will be sold at the house of DAVID DAN, in Bedford, Westchester county, and state of New-York, to the highest bidder; all that certain Farm, Tract, pieces, or parcel of Land, lying and being in Bedford, and bounded as follows, to wit, beginning at the house of Benjamin Hayes, where he now lives, running westerly as it winds round Hayes's land, and northerly to the high way, thence westerly along the high way until it comes to Lewis M'Donald's land, thence southerly until it comes to David Dan's land, thence easterly and northerly along said Dan's land until it comes to the high way or Town's land by the burying ground, thence by the high way westerly until it comes to Benjamin Hayes's land, thence by Hayes's land as it winds to the place of beginning; also one other piece of Land, lying on the north side of the high way, beginning at the Court-house, thence westerly by the high way until it comes to Lewis M'Donald's land, thence northerly and westerly as it winds to Abraham Canfield's land, thence northerly and westerly by Abraham Canfield's land as it winds to the high way, thence northerly by the high way to Abraham Canfield's land, thence east by said land, until it comes to the land of the late Stephen Holmes, deceased, thence southerly and westerly until it comes to the parsonage lands, thence near the same course until it comes to James M'Donald's land, thence westerly and southerly winding round M'Donald's land to the place of beginning; containing in the whole eighty acres, more or less, with the appurtenances which said premises were by indenture bearing date the 10th day of May, one thousand seven hundred and eighty-six; mortgaged by Jonathan Platt, of Bedford, Westchester county and state of New-York, to Daniel Bowne, of New-York, for securing the payment of eight hundred pounds with lawful interest for the same.
The conditions will be made known on the day of sale, by the subscriber, 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 purchaser of mortgaged estates," that on the twenty-eighth day of July next ensuing, at eleven o'clock in the forenoon, will be sold at the Coffee-House, to the highest bidder, all that certain LOT OF GROUND, situate, lying, and being in the city of New-York, in the Dock-Ward of the same, with incumbrance of a mortgage in the Loan-Office, for two hundred and eighty pounds, or thereabouts, and contains in breadth, in front and rear, twenty-five feet four and an half inches, in length, on each side, about ninety-one feet, and is bounded southerly, in front by the dock, westerly, by ground of Mary Ten Eyck, northerly, in the rear by ground now or late the property of John Lambert, and easterly, by ground of the heirs of Peter Delancey, with the appurtenances, which said premises were, by indenture, bearing date the fifteenth day of January, one thousand seven hundred and eighty-seven—mortgaged by Charles Duryee, of the county of New-York, to Thomas Bowne, Daniel Bowne, and Samuel Osgood, of New-York, for securing the payment of five hundred and thirty-six pounds eleven shillings and seven-pence, with lawful interest for the same.
The conditions will be made known on the day of sale by subscribers. THOMA BOWNE, DANIEL BOWNE, SAMUEL OSGOOD, New-York, Jan. 24, 1788. 99 th. 6m
WHEREAS David Peck is possessed of three certain Notes of Hand, given to him by Jonathan Platt, and the said Platt 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.
T O B E S O L D, 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. 49—e.d.
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, goalers, jurymen, and overseers of the poor. As also the office of clerks of assize, and of the peace, &c.
Compiled chiefly from Buins' 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 FOUND ACT, and the MILITIA LAW of the state of New-York.

MISCELLANY.
For the NEW-YORK JOURNAL, &c. BRUTUS, No. XIV. [Continued.]
IT may still be insisted that this clause does not take away the trial by jury on appeals, but that this may be provided for by the legislature, under that paragraph which authorises them to form regulations and restrictions for the court in the exercise of this power.
The natural meaning of this paragraph seems to be no more than this, that Congress may declare, that certain cases shall not be subject to the appellate jurisdiction, and they may point out the mode in which the court shall proceed in bringing up the causes before them, the manner of their taking evidence to establish the facts, and the method of the court's proceeding. But I presume they cannot take from the court the right of deciding on the fact, any more than they can deprive them of the right of determining on the law, when a cause is once before them; for they have the same jurisdiction as to fact, as they have as to the law. But supposing the Congress may under this clause establish the trial by jury on appeals. It does not seem to me that it will render this article much less exceptionable. An appeal from one court and jury, to another court and jury, is a thing altogether unknown in the laws of our state, and in most of the states in the union. A practice of this kind prevails in the eastern states; actions are there commenced in the inferior courts, and an appeal lies from them on the whole-merits to the superior courts: the consequence is well known, very few actions are determined in the lower courts; it is rare that a case of any importance is not carried by appeal to the supreme court, and the jurisdiction of the inferior courts is merely nominal; this has proved so burthensome to the people in Massachusetts, that it was one of the principal causes which excited the insurrection in that state, in the year past; very few sensible and moderate men in that state but what will admit, that the inferior courts are almost entirely useless, and answer very little purpose, save only to accumulate costs against the poor debtors who are already unable to pay their just debts.
But the operation of the appellate power in the supreme judicial of the United States, would work infinitely more mischief than any such power can do in a single state.
The trouble and expence to the parties would be endless and intolerable. No man can say where the supreme court are to hold their sessions, the presumption is, however, that it must be at the seat of the general government; in this case parties must travel many hundred miles, with their witnesses and lawyers, to prosecute or defend a suit; no man of middling fortune, can sustain the expence of such a law suit, and therefore the poorer and middling class of citizens will be under the necessity of submitting to the demands of the rich and the lordly, in cases that will come under the cognizance of this court. If it be said, that to prevent this oppression, the supreme court will sit in different parts of the union, it may be replied, that this would only make the oppression somewhat more tolerable, but by no means so much as to give a chance of justice to the poor and middling class. It is utterly impossible that the supreme court can move into so many different parts of the Union, as to make it convenient or even tolerable to attend before them with witnesses to try causes from every part of the United States; if to avoid the expence and inconvenience of calling witnesses from a great distance, to give evidence before the supreme court, the expedient of taking the deposition of witnesses in writing should be adopted, it would not help the matter. It is of great importance in the distribution of justice that witnesses should be examined face to face, that the parties should have the fairest opportunity of cross examining them in order to bring out the whole truth; there is something in the manner in which a witness delivers his testimony which cannot be committed to paper, and which yet very frequently gives a complexion to his evidence, very different from what it would bear if committed to writing, besides the expence of taking written testimony would be enormous; those who are acquainted with the costs that arise in the courts, where all the evidence is taken in writing, well know that they exceed beyond all comparison those of the common law courts, where witnesses are examined viva voce.
The costs accruing in courts generally advance with the grade of the court; thus the charges attending a suit in our common pleas, is much less than those in the supreme court, and these are much lower than those in the court of chancery; indeed the costs in the last mentioned court, are in many cases so exorbitant and the proceedings so dilatory that the suitor had almost as well give up his demand as to prosecute his suit. We have just reason to suppose, that the costs in the supreme general court will exceed either of our courts; the officers of the general court will be more dignified than those of the states, the lawyers of the most ability will practice in them, and the trouble and expence of attending them will be greater. From all these considerations, it appears, that the expence attending suits in the supreme court will be so great, as to put it out of the power of the poor and middling class of citizens to contest a suit in it.
From these remarks it appears, that the administration of justice under the powers of the judicial will be dilatory; that it will be attended with such an heavy expence as to amount to little short of a denial of justice to the poor and middling class of people who in every government stand most in need of the protection of the law; and that the trial by jury, which has so justly been the boast of our fore fathers as well as ourselves is taken away under them.
These extraordinary powers in this court are the more objectionable, because there does not appear the least necessity for them, in order to secure a due and impartial distribution of justice.
The want of ability or integrity, or a disposition to render justice to every suitor, has not been objected against the courts of the respective states: so far as I have been informed, the courts of jus-
tice in all the states, have ever been found ready, to administer justice with promptitude and impartiality according to the laws of the land; it is true in some of the states, paper money has been made, and the debtor authorised to discharge his debts with it, at a depreciated value, in others, tender laws have been passed, obliging the creditor to receive on execution other property than money in discharge of his demand, and in several of the states laws have been made unfavorable to the creditor adding tend to render property insecure.
But these evils have not happened from any defect in the judicial departments of the states; the courts indeed are bound to take notice of these laws, and so will the courts of the general government be under obligation to observe the laws made by the general legislature; not repugnant to the constitution; but so far have the judicial been from giving undue latitude of construction to laws of this kind, that they have invariably strongly inclined to the other side. All the acts of our legislature, which have been charged with being of this complexion, have uniformly received the strictest construction by the judges, and have been extended no further but to such as came within the strict letter of the law. In this way, have our courts, I will not say evaded the law, but to limited it in its operation as to work the least possible injustice: the same thing has taken place in Rhode-Island, which has justly rendered herself infamous, by her tenaciously adhering to her paper money system. The judges there gave a decision, in opposition to the words of the statute, on this principle, that a construction according to the words of it, would contradict the fundamental maxims of their laws and constitution.
No pretext therefore, can be formed, from the conduct of the judicial courts which will justify giving such powers to the supreme general court, for their decisions have been such as to give just ground of confidence in them, that they will firmly adhere to the principles of rectitude, and there is no necessity of lodging these powers in the courts, in order to guard against the evils justly complained of, on the subject of security of property under this constitution. For it has provided, "that no state shall emit bills of credit, or make any thing but gold and silver coin a tender in payment of debts." It has also declared, that "no state shall pass any law impairing the obligation of contracts." These prohibitions give the most perfect security against those attacks upon property which I am sorry to say some of the states have but too wantonly made, by passing laws sanctioning fraud in the debtor against his creditor. For "this constitution will be the supreme law of the land, and the judges in every state will be bound thereby; any thing in the constitution and laws of any state to the contrary notwithstanding."
The courts of the respective states might therefore have been securely trusted, with deciding all cases between man and man, whether citizens of the same state or of different states, or between foreigners and citizens, and indeed for ought I see every case that can arise under the constitution or laws of the United States, ought in the first instance to be tried in the court of the state, except those which might arise between states, such as respect ambassadors, or other public ministers, and perhaps such as call in question the claim of lands under grants from different states. The state courts would be under sufficient control, if writs of error were allowed from the state courts to the supreme court of the union, according to the practice of the courts in England and of this state, on all cases in which the laws of the union are concerned, and perhaps to all cases in which a foreigner is a party.
This method would preserve the good old way of administering justice, would bring justice to every man's door, and preserve the inestimable right of trial by jury. It would be following, as near as our circumstances will admit, the practice of the courts in England, which is almost the only thing I would wish to copy in their government.
But as this system now stands, there is to be as many inferior courts as Congress may see fit to appoint, who are to be authorised to originate and in the first instance to try all the cases falling under the description of this article; there is no security that a trial by jury shall be had in these courts, but the trial here will soon become, as it is in Massachusetts' inferior courts, mere matter of form; for an appeal may be had to the supreme court on the whole merits. This court is to have power to determine in law and in equity, on the law and the fact, and this court is exalted above all other power in the government, subject to no control, and so fixed as not to be removeable, but upon impeachment, which I shall hereafter shew, is much the same thing as not to be removeable at all.
To obviate the objections made to the judicial power, it has been said, that the Congress, in forming the regulations and exceptions which they are authorised to make respecting the appellate jurisdiction, will make provision against all the evils which are apprehended from this article. On this I would remark, that this way of answering the objection made to the power, implies an admission that the power is in itself improper without restraint, and if so, why not restrict it in the first instance.
The just way of investigating any power given to a government, is to examine its operation supposing it to be put in exercise. If upon enquiry, it appears that the power, if exercised, would be prejudicial, it ought not to be given. For to answer objections made to a power given to a government, by saying it will never be exercised, is really admitting that the power ought not to be exercised, and therefore ought not to be granted.
BRUTUS.
To the PUBLIC.
ON the 5th of November, 1787, was published in the Daily Advertiser, the following advertisement—"Notice is hereby given to the officers and crews of the frigate Alliance, and Bon homme Richard, who are entitled to a share in all prizes taken by the squadron under the command of John Paul Jones, Esq. that a division has been made of the proceeds of such prizes, as were put in France, and that the shares will be paid to the
respective claimants, or their legal representatives, on their producing, at this office, sufficient proof that they are the persons, or are impowered by the persons actually entitled to the shares they respective claim.
"BENJAMIN WALKER, Commiss. Office of Accounts, Marine Department. New-York, Nov. 1, 1787."
It may be observed, by the by, that in the foregoing advertisement it is not said as it ought to be, had the Bon homme Richard been a government ship of war, it would have been more proper thus, Notice is hereby given to those officers and men of the ship of war Bon homme Richard (which as pretended to have been the commander ship, ought to be named the first) and the frigate Alliance, &c. But as the Bon homme Richard was no government ship of war, then, it has been found necessary to have it said thus, "Notice is hereby given to those officers and men of the frigate Alliance (in the singular) and Bon homme Richard, &c." not specifying what the latter was, to avoid mentioning that he was in fact but a privateer.
I went the same day, the 5th of November, to Mr. Walker's office, and asked of that gentleman my share of the prize monies; a written book was shewn to me, where was written on it the following:
Office of Accounts, Marine Department, New-York, Nov. 5, 1787.
Certified that there is due to Peter Landais, Esq. late Capt. of the frigate Alliance, the sum of one thousand five hundred & eighty-two dollars and 77-90ths, being his dividend of the monies lodged in the public treasury by Capt. J. P. Jones, on account of the prizes taken by the squadron under his command, and sold in France for the benefit of the captors.
Pay to Peter Landais, Esq. one thousand five hundred and eighty-two dollars and 77-90ths, in full for the above. To Wm. Edgar, Esq. 1582 77-90ths dollars.
New-York, Nov. 5, 1787. Received of Benjamin Walker, his order on William Edgar, for one thousand five hundred and eighty-two dollars and 77-90ths, for prize money due to Peter Landais, Esq. late Captain of the frigate Alliance. 1582 77-90ths dollars.
It may be observed, in the foregoing it is said, that 1582 dollars and 77-90ths, is Peter Landais's dividend of the monies lodged in the public treasury by Capt. J. P. Jones, on account of the prizes taken by the squadron under his command, &c. But it is not shewn that the monies lodged in the public treasury, by J. P. Jones, on account of the prizes, is the whole sum of the monies that Capt. J. P. Jones ought to have dutifully and faithfully deposited there, on account of those prizes. On the contrary Mr. Walker told me then, that the sums of monies which Capt. J. P. Jones had kept, and keeps still, from the beginning out of those monies, viz. If I remember well, was on one part above 47,000 livres, amounting to above 7400 dollars, laid by him to be his expenses; and on the other above 14,000 livres, amounting to above 2800 dollars he had allotted to himself; for his share of the remnant of those monies were deducted, without my being able to know by whose authority or on what property, though Mr. Walker made his report against granting the same to Capt. J. P. Jones, out of the monies coming to the officers and crews of the frigate Alliance, and of the ship Bon homme Richard; though Captain J. P. Jones could have no right to claim more, at the utmost, than an equal share to mine of those monies; besides five per cent. on the whole sum, the usual commission Congress had been pleased to grant to him by their resolve of the 1st of November, 1783, in full compensation for his services and expenses.
It is also said, in the preamble, that those prizes were taken by the squadron under the command of Capt. J. P. Jones (though he commanded but a private ship) and I an United States frigate; these reasons prevented my signing the foregoing receipt, fearing that it would be taken for granted, that I gave by it my assent, that Capt. J. P. Jones had a right to share as commander in preference to me, and of his proceedings in keeping those monies from me and others, which he has no right to.
But I told Mr. Walker that I was willing to receive the 1582 and 77-90ths dollars on account, of my share of those prizes, and give therefore an explanatory receipt, which he refused.
I then asked of Mr. Walker a minute account of the sales and produce of each prize (exclusive of the brig Speedwell, in which I had no pretence) the same they were sold and claimed the interest on their net produce, from three months after the sales of them, &c. &c. That gentleman told me to write to him my claims and demands, and that he would answer thereto. I accordingly requested of him by my letter of the 8th Nov. 1787, to comply with the following demands, viz.
To deliver me a true copy of all the papers of Mr. J. P. Jones, and others, relative to his agency in France to receive the prize money of the Frigate Alliance and the ship Bon homme Richard, in order that I may examine whether he has faithfully transacted that business, because I never gave my assent to his meddling with any of my, or crew's, or of that money.
I insist that no deduction be made from the share of the Alliance, on the monies accruing from the sale of the Serapis, and Councils of Scarborough, on account of the expenses accrued in Holland, for keeping the prisoners on board or on shore, or in repairing those ships, as it is unprecedented that the crew of a man of war should bear those expenses, when the captors carried those vessels where they were ordered.
I request a minute account of the sales of each prize, and the expenses thereof, and also a particular account of the share of the crew of the Alliance and of mine.
I demand interest on the prize money from three months after the day each prize was sold.
I request to be paid as a commander of an United States frigate, as great a share or proportion as Mr. Paul Jones has been or will be for his, as I was at least equal in point of rank and command.
I protest against Mr. Paul Jones having any more than five per cent. provided he has been a faithful cut, and not anything, in case he has behaved otherwise.
I am willing to receive my whole share of those prizes, or any part thereof as Capt. of the frigate Alliance, and am willing to give my receipt therefore, as the case may be, to the person who will pay it to me in hard money as aforesaid, on account of the prizes took in the year 1779, when in company with the ship Bon homme Richard, commanded by Mr. Paul Jones, and others, which were sold either the same, or the beginning of the following year, to wit, the Serapis, the Councils of Scarborough, the May Flower, and the Fortune.
I ask the reward in my own behalf, promised by a resolve of Congress for guns and men taken on board an enemy's ship, to be paid in cash, as it ought to have been in the year 1780.
To inform me whether you have requested officially, as you promised me about six weeks ago that you would, of Mr. Paul Jones, an account of the furnitures of the Serapis, as munks, &c. which he took out of her, and by means of which he was so much undervalued when sold, and whether he has yet given you an answer relative thereto; if not I must beg you to obtain it, by such means as you think best, in order that I may have a true copy thereof.
These demands and questions I have made you as you requested, and must beg your official answers as you promised, as soon as possible. I am, &c. [To be continued.]
From the INDEPENDENT GAZETTEER. Printed at Philadelphia.
Mr. PRINTER, I send you a copy of a real letter from one of the junks to the Eastward, to his friend in this city, that you may lay it before the public, who may form some faint idea of the juggling carrying on by the well born few.
QUID.
February 23, 1788. Boston, February 12, 1788. To the right Hon. James de Cale- doia.
DEAR SIR, I DULY received yours of the 24th Jan. containing very disagreeable accounts of our scheme being so ably opened up, and of the people falling off from you, &c. It made us very unhappy here; however do not despond; I am glad to find you have got your "winning committee," appointed, and employed: I confess what you say is just, and that there is somewhat disagreeable in writing, with the argument against you, and with able competitors. In your two first numbers of the Freeman and Pennsylvania, to be sure you exceed yourself: but I would not advise you to continue the publication of them in the city, they will but better for the country; ha, ha: you make bold assertions; you should take care not to let it be known who the author of them is, the very name of a lawyer would run a publication in our country.
Keep your committee hard at it; and fill your weekly paper from top to bottom. Your notion of answering your own pieces may do, if not found out. Do try by all means to regain your lost ground, leave no stone unturned; much is gained by continuing the business; you are really a complete lephit: You know your reward should it succeed; we have all agreed you shall have £. 8000 per annum, with the office of attorney general (of the union.) As to the office of chief justice, which you wished for, it would have been yours, but, necessity obliged us to close with J—— it was his price.
I was glad to find you had stopped the publication of the debates of your convention; and that you had suited your own to well to the time; you was very right to hold back the second volume containing the proceedings of the union as perhaps the real ones might come out. But I was sorry you could not finance the press entirely: however as we have the Post Office still at our service, you must prevent any of the newpapers which contain publications against us, getting out of your state. We have been remarkably successful in this hitherto; every newspaper against us has been stopped, even the reasons of dissent of your minority, and the information of Mr. Martine, has been scarcely heard of here; this was very tortuous, as it would certainly have ruined us in this quarter. So great was the want of information here, that we made the people believe all to the southward of us, indeed that every state but our own, were almost unanimous in favor of our plan. You would have laughed to have seen our newspapers on the day the final question was taken in our convention; there we published an account of the almost unanimous adoption of the constitution by the convention of North-Carolina; that the state of New-York had called a convention at a very early day, without any opposition; and the trifling opposition in your state had ceased; that Randolph, Mason, Lee, &c. had joined our party; and many other similar accounts.
In this situation, when such a variety of circumstances concurred in our favor, although we had juggled in above 50 members of the convention, by the assistance of county friends; and was so fortunate as to keep out any Cincinnatis from the opposition in the convention; although we bought off the province of Mass with the feather of a separate state; although we had such a number of able hands, among which were many as complete sophists as yourself; although we gained the man of the people by holding out to him, the office of vice president; although we had the influence of the town of Boston to assist us, still we would have lost the question almost two to one if we had not agreed to the amendments, which you find included in the ratification; and these not to be made by the first Congress as you proposed, but according to the 5th article, that is, by another convention. This was a fatal stroke, but we could not avoid it.
You have seen with much surprise, I dare say, the great parade we made at the ratification; it cost us a considerable sum, but I am in hopes it will be of great service; these things have great effect on common minds. You see we have the town of Boston under our discipline; I wish I could say so of the rest of the state, indeed it is far otherwise; four fifths of the people are against us: But as you say, what need we care for the sentiments of the people, if we can only get the army a foot.
I was happy to hear you was disarming your militia both for your own safety, and because you will want the arms for the troops; but at the same time I thought it a bold push, and might cause alarm.

I have lately received a letter from Mr. J. A. —, our A. — at London, it is, I told him, of much service to us. He has endeavored, through Bobby's credit, to contract for the necessities we wrote; but he found it would not do: he then pledged the faith of the United States to fulfil the contracts he has made. He has also entered into other treaties for the other articles, which I shall be more particular about by a later opportunity.
When these things were told to our friends here, many of them began to stare; for they consider the matter as lost since this state, which, they say, is the most important in the union, has called for amendments; the people of your state, the states of Virginia, New-York, North-Carolina, and Maryland, so generally against it: to be sure, matters look blue; but I am in hopes that our exertions will be crowned with success. You know that you or I have nothing to lose, and much to gain. Some of our milk and water friends here think we had better stop, and submit again to another convention; because, say they, we will be involved in a civil war, if we persist; but I tell them we will not give it up while any hopes remain; as now, we are found out, we never shall be trusted in another convention; and so we shall lose every thing. But if we succeed in this plan, we shall never again be troubled with the people, never dread the event of elections; we shall enjoy our places, honors and preferments, and leave them to our children after us. We shall be able to keep the people at a proper distance, and establish our numerous friends and relations in lucrative and substantial offices.
Present my compliments to Bobby, and also to Billy in the new big house; and tell them I congratulate them upon the prospect of all their old continental balances being done away; as I don't find that part of the constitution is yet discovered.
You are an admirable man, the most useful in the convention; but you were rather for taking too much at one time; the double powers of our little federally elected senate; the control over the press; the abolition of trial by jury in civil cases, and the common law proceedings; internal taxation; the pecuniary dependency of the judges, and their great powers; the standing army; the smallness of the lower house; the exclusion of rotation; and the "powers to make all laws which we may think necessary and proper." And that these laws and the treaties of the little senate should be the supreme law of the land, over the constitutions and laws of the several states. These would have been quite sufficient for us; with them alone we could chain down all America; we might have given up the rest to the winds: the control over the elections; the command of the militia; the power of the senate to alter money bills; the powers of the president to pardon criminals, to command in person the armies, navies, and militia, &c. and his long appointment, his right of being re-elected; omission of declarations in favor of liberty of conscience, and twenty others, which have been of great hurt to us, might have been left out. But between you and me, they will never discover some of the most exceptional parts.
I suppose you will soon hear of its adoption by New-Hampshire; but it will be many months before any other can come into it. Pray, inform me how Martin is going on; I hope he will be persuaded to discontinue his publications; we have sent him an offer of the office of chief justice of the federal court of his state, but I am afraid of him.
We have gained much by deceiving one part of the continent, with plausible accounts from the other; pray, do not discontinue this; have you no more town or county meetings to publish? What M— says is very true; almost all of our strength lies in the trading towns; and his remark is just that they would consent to go to the devil, if they thought they could again sell as many British goods, as they formerly did.
Keep up the spirits of your boys, and exert yourselves; I shall write you again shortly.
I am, dear Sir, Your most obedient, And very humble servant, J. B. — n.
Foreign Intelligence.
L O N D O N, December 24 — 90. IT is somewhat remarkable, that the Commons have jumped over the anniversary of what is called King Charles's martyrdom, sub silentio, in a total profound silence. This is another manoeuvre of our young minister, to trample upon all old revered customs and habits of the people of Great-Britain; and seems to be a prelude to an attempt at expunging that memorable day from our calendars, and the awful event which marks it from our records and history. We differ widely from the minister in this, as in many other particulars: we think it is a day that ought to be had in everlasting remembrance as a standing memento to kings and sovereigns of every denomination, to take care how they stretch prerogative too far above the limits prescribed by right and found reason, so as to provoke their subjects to acts of desperation, fury, and madness. Why should not kings and their favourites have examples before their eyes, of stern justice overtaking their ranks, as well as their subjects? They are not infallible, more than other men.
It has been lately determined by government to send no new ambassador to Peterburgh till the Russian empress has explained herself fully on some articles of the treaty now in negotiation, which has received several obstacles that have prevented its being brought to a conclusion.
The agitation of the French king's mind, has been so great for some time past, that his majesty has lost all his spirits, and for five days would not see his august consort. His pious minister also caught the political contagion, and sheltered himself under the sanctuary of his archiepiscopal dignities.
That there is a probability of the Empress of Russia's concluding an alliance, for the purpose of effecting the Neutral Code, is certain, and there is perhaps little doubt but the French, to avoid greater evils, and because it is more hostile to England than themselves, will come into it. It is certain that the Empress refused to revive the commercial treaty with us, expressly on account of our having yielded the great question of free bottoms making
free goods to France, at the moment we denied it to her. This may serve to convince us of the folly of the commercial system, which we entered into with our double neighbour, and which, in this particular at least, was not called for by any necessity.
It is of the utmost importance to this country, that the neutral code should not be established, and certainly our Ministers will not be so negligent as to stand inactive by, and see a strong combination formed for its establishment; Russia is naturally solicitous of reviving her beneficial connection with Britain! but sensible that the materials which she lends are of so much importance to us, the politically demands this boon, and refused to grant a renewal of the treaty on any other term.
The short question is, what counter combination can be formed to resist that which is meditated? The situation of the emperor makes it a matter of little moment to him, and there is no great reason to believe that he will adhere strictly to his connection with the Empress, from which, in the present circumstances of Europe, he can hardly profit. His fears, as well as his interests, may excite him to hold off from a conjunction, in which he can gain but very precarious benefit with certain danger.
How the British parliament could suffer the neutral code, to be yielded to France is wonderful, considering that so many, even of those who are most nearly allied with government, are the most strenuous advocates for the navigation act! but, however, the commercial treaty with France is not likely to be of long continuance, and we can hardly imagine to ourselves an emergency, when we ought to give up those laws which have contributed so essentially to our maritime strength.
The King of Cochin-China's superb present to the French monarch came most acceptable. It is a state chair, studded with diamonds and other gems, of excellent workmanship.—The Jews say it is worth 100,000.—and his most Christian Majesty cannot value it at less!
New-York, March 6.
SINCE our last Weekly Journal the state convention of New-Hampshire, has adjourned from Exeter, to Concord, about 100 miles inland, there to meet on the third Wednesday in June next. Previous to this adjournment, for eight days, very warm debates were had upon the propriety of adopting the constitution.
By the accounts, received last evening, we find, that the adjournment of the convention of New-Hampshire, was carried as follows, 56, 51.
Accounts from Portsmouth, (New-Hampshire) of February 22, say, "Yesterday forenoon, the honorable convention of this state finished debating upon the new constitution by paragraphs. Our situation not allowing us to be present at all the debates, prevents us from laying before our readers a summary of the whole. In general we can inform, that every objection that could possibly be invented, has been made use of by the gentlemen opposed to the proposed new form of government, which objections have been ably answered by gentlemen in favour of it. The ground has been fairly traversed, the greatest candour observed, and we flatter ourselves, a happy issue will be the event."
"The principal speakers against adopting the new constitution, are, Joshua Atherton, Esq. from Amherst, Rev. William Hooper, from Madbury, Deacon Mathias Stone, from Claflamont, and Mr. Abiel Parker, from Jaffrey. The speakers in favour of it (or those who have spoken upon the subject) are, his Excellency President Sullivan, Hon. John Langdon, Esq. Hon. Judge Livermore, Hon. Judge Bartlet, Hon. John Pickering, Esq. Rev. Dr. Langdon, and the Rev. Mr. Thurston, all of whom have been indefatigable in explaining such parts of the constitution as gentlemen in the opposition affected to consider dark and mysterious, tyrannical and oppressive."
"The dangerous tendency of biennial elections—of trifling Congress with too much power—of their holding the purse and the sword—of their laying direct taxes, &c. &c. &c. was properly noticed by the opposition."
On the 27th ult. the general court of Massachusetts convened at Boston agreeably to proclamation, when his Excellency Governor Hancock made a very lengthy speech, upon the business of the session, informing, withal, of the adoption of the new constitution, upon which he animadverted.
On the 25th the general assembly of the state of Rhode-Island convened at Providence.
The season is remarkably dull. But one arrival in this port since last Monday week. On Friday last the Jenny, Captain Thomson, failed for Canton, in China. The weather has been very severe for several days, and the river quite blocked. Hickory wood sells this day at TWELVE DOLLARS the cord, and oak, &c. at EIGHT; a very distressing circumstance to the poor of the city.
The Delaware is yet fast, and will doubtless continue so until a general thaw, or breaking up of winter.
We are assured, that more than TEN THOUSAND pounds value of goods have been transported from this city to the southward, by land carriage, since the stoppage of the Delaware navigation.
JOHN CLEVES SYMMES, Esq. is appointed, by Congress, to take the place of the Hon. John Armstrong, jun. one of the judges of the Western Territory, who has resigned.
RICHARD WINNE, Esq. is elected superintendent of Indian affairs for the Southern department, by the Hon. the Congress.
Right Rev. SAMUEL PROVOST, and the Rev. Dr. JOHN ROGERS, are re-elected chaplains to Congress.
Among the most interesting proceedings of the House of Assembly are the following, viz.
Thursday, February 21.
A message was received from the council of revision by Mr. Chancellor Livingston, that the council had no objections to the bill for punishing treasons and felonies, and for the better regulating the proceedings in cases of felony.
The bill concerning distresses, and for the better security and more easy recovery of rents and renewal of leases, and to prevent frauds by tenants; and the bill concerning slaves.
A message was received from the Senate that they had passed the bill further to continue the office of an auditor.
They also transmitted a message the Senate had received from the council of revision, that the council had passed
The bill to prevent excessive and deceitful gaming.
The bill for giving relief on promissory notes; and
The bill for preventing any inconvenience that may happen by privilege.
Friday, February 22.
The House went into a committee on the bill for the settlement of the public accounts, and other purposes therein mentioned.
In this bill, on motion of Mr. Benson, a clause was inserted for the relief of Israel Honeywell, one of the commissioners of sequestration for Westchester county.
A clause was introduced by Mr. Sands, for the relief of Michael Connolly, paymaster of the York troops in the service of the United States, permitting him to pay the balance of his account, 1,800l. in Banker's interest certificates. This indulgence was given in consequence of a clause in one of the laws of the last session, which permits all persons owing money to the state, to discharge the same in public securities; the committee agreed to that law from and after the first day of May next.
Mr. Sands also introduced a clause for the relief of David Milford, whose property, in an early stage of the war, had been seized by the commissioners of sequestration, while he was a prisoner confined in the provost at New-York.
A message was received from the senate, with a resolution for concurrence directing the treasurer to pay to Donald Campbell, two thousand dollars, agreeable to a resolution of Congress, which was agreed to by the House.
TO BE SOLD, At Private Sale, A LOT of LAND, SITUATE on City Island, Westchester county, about 20 miles up the East-River from New-York.
The above Lot contains eight acres of land, and is well situated for a garden spot, for the supply of this city with vegetables, or tavern for the watermen.
On this lot is a small tenement, with one chimney only, and a never failing spring of fresh water. The excellence of this spot is too universally known, to require any particular description.
It was formerly the property of Mr. Gilead Hunt, who, by a deed of gift, conveyed it to Mrs. JEMIMA PELL (widow of the late Joseph Pell, of the Manor of Pelham) by whom a good title will be given.—Enquire at No. 25, Water-Street.
New-York, March 5, 1788. 35
NOTICE is hereby given to all the creditors of Obadiah Wright, an insolvent debtor, to all the creditors of the said insolvent debtor, that they appear before Jordan Seaman, Esq. one of the justices in and for the township of Oyster-bay, at the house of Daniel Burr, at Norwich, in said township, on Friday the seventh day of March, at ten o'clock in the forenoon of the same day, to show cause, if any they have, why an assignment of the estate of the said Obadiah Wright shall not be made, for the benefit of all his creditors, and the said Obadiah Wright discharged, pursuant to the direction of an act of the legislature of the state of New-York, entitled, "An act for the relief of insolvent debtors," passed the thirteenth day of April, 1786.
JORDAN SEAMAN.
Dated the 9th of Feb. 1788. 34
Government Securities. CASH, and a generous price, will be given for such as are generally called FINAL SETTLEMENTS, LOAN-OFFICE, those signed by J. Nourse, and INTEREST FACILITIES—Also, those of this State, Connecticut, New-Jersey, and Pennsylvania.
Enquire at No. 20, Queen-Street.
JACOB REED, jun. Who also Exchanges and Re-exchanges the Paper Currency of this State, and
S P E C I E; And negotiates on Commission any Business respecting the Public Funds.
New-York, Feb. 21, 1788. 24 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 26th inst. by some person, or persons, unknown, the above reward of Twenty Pounds will be paid by the trustees of said church, to any person or persons who may detect, apprehend, and prove to conviction, the party or parties guilty thereof.
TO BE SOLD, 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.
At a Court of Probates of the State of New-York, held at the Probate Office in the city of New-York, on the 5th day of March, in the year of our Lord one thousand seven hundred and eighty-eight.
P R E S E N T, The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS Samuel B. Webb, administrator of Richard Barker late of the said city merchant deceased, with his will annexed, hath by his petition, presented to the said judge, set forth, that the said Richard Barker, was, at the time of his death, seized of a real estate within this state, that the petitioner hath made a just and true account of the personal estate and debts of the said Richard Barker as far as he had been able to discover the same, and that thereby, it appeared, that the personal estate of the said Richard Barker, 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; thereupon it is ordered by the said judge, that all persons interested in the estate of the said Richard Barker, do appear before the judge of the said court of Probates, at the Probate Office in the city of New-York, on the fourteenth day of April next, to show cause, if any they have, why so much of the real estate whereof the said Richard Barker died seized should not be sold, as will be sufficient to pay his debts.
35 4w. th. PETER OGILVIE.
Just Published, THE AMERICAN MAGAZINE, For February, 1788. Price TWO SHILLINGS.
C O N T E N T S. Abridgement of the Education—Mode of it laws of nature in examined, French and English, The contrast, Vindication of the preference of women are supposed to have for men of inferior talents, Medical questions, Government—Mr. Jefferson's arguments in favor of an unalterable constitution, considered, Letter III, to Dr. Stiles, describing the remains of fortifications at Musk-ingum; with remarks on the Indian barrows, and the striking analogy between certain customs of the Indians and ancient Britons, Continuation of Smith's history of Virginia, Letter III, from Belzebub The force of habit, or the regularity of the city Philadelphia vindicated in opposition to a common place opinion, Peter Pickpenny's art of pushing into business, Curious extracts from ancient records, Anecdote, Dr. Mitchell's account of the insect which destroys the wheat, Letter from Juvenis, Narrative of the escape of the Council's Votary de la Motte from the Bastille, A Hibernian's requell, Law questions.
P O E T R Y. On the departure of wit, young gentleman who On the recovery of an failed for England only child from the sometime since, small pox, Lines written by a youth Intelligence, on the death of Mr. Marrriages, —S— of Sharon, Deaths.
New-York, Printed by Samuel Loudon, And Sold by Messrs. S. and R. Campbell, Mr. S. Loudon, Messrs. Berry and Rogers, Mr. T. Allen, Mr. R. Hodge, Mr. T. Greenleaf, Mr. F. Childs, Mr. J. Reid.—Mr. J. Hastings, at Boston.—Messrs. Hudson and Goodwin, at Hartford.—Mr. J. Beers, at New-Haven.—Mr. A. Stoddard, at Hudson.—Messrs. W. Falconer and Co. at Albany.—Messrs. Young and M' Culloch, at Philadelphia, Mrs. A. Timothy, at Charleston. New-York, March 3, 1788. 33
THE NEW LINE OF STAGES.
THE Proprietors of the New Line of STAGES, finding many inconveniences arise both to the respectable public and themselves from inattention to business; in future they are determined to use every endeavor to serve the public, and with encouragement only in proportion to their exertions and attention to their business.
From the date hereof the fare will be from Powles-Hook to Philadelphia, and from Philadelphia to Powles-Hook, three Spanish milled dollars, and all way passengers four pence per mile, 150lb. of baggage to be the same as a passenger; Printers papers and letters will be conveyed gratis; convenient portmanteaus are provided for that purpose.
The Stages leave Powles-Hook at 3 o'clock, P. M. every day for Philadelphia, except Saturday.
JOHN CUMMING, MATTHIAS WARD, THOMAS EGBERT, JOHN GULICK, ROBERT STOCKTON, DAVID HAMILTON, JOS. VANDEGRIFT, MICHAEL DENNISTON, N. B. Papers, Letters, &c. to be sent to Christopher Beckman's, Cortlandt Street, where the Stage Office is kept. 29 e.d. February 19, 1788.
W A N T E D,
As early as possible, A PERSON who perfectly understands the GARDENING BUSINESS, at the same time can do other work relating to a FARM—As it will be required of him to go into the country, for this purpose it is wished that he may be an honest, attentive, and a decent man—indeed none other need apply.—A person of this character, who would incline to follow this business, will meet with every encouragement by making early application at, No. 67, Wall-Street. New-York, Feb. 27, 1788. 29 c.d.
A YOUNG married woman with a good breast of milk, would be glad to take child to nurse.—Enquire at No. 30 Little-George-Street. 29 c.d. 10 t.

POET'S CORNER.
From a late London paper. During the American war, Bishop Lowth preached at St. James's, and published a sermon in the title of too many of his brethren at that period, in it was a personal reflection on Dr. Price, which grieved many of the Bishop's friends, among others Mr. Hayley, who published an elegy on the ancient Greek model, and addressed it to the Bishop. Mr. Hayley has not preserved it in his works, though deserving of the first place, both for the principle and the poetry, which is not inferior to any of Mr. Hayley's other beautiful works. The following extracts no doubt will prove highly acceptable to many of our readers.
"MOURN! Son of Amos, mourn! in accent sharp Of angry sorrow strike thy heavenly harp. Mourn! thou sublime of the sainted choir Those lips, that, touch'd with thy celestial fire, Clear'd from the gather'd clouds of many an age The bright'ning flame of thy prophetic rage! Those lips, thro' learning's sacred sphere Have flain'd their glory by a servile sound. Envy with ranc'rous joy these accents heard, And dwells with triumph on the fatal word; Waging against renown eternal wars, Thus the insult the merit the abhors: "How has the radiance of the mitre ceas'd! Oblivion's poppy shades the prostrate priest: In dark servility's expanding cave Forgotten prelates hail thee from the grave; O Lucifer! of prophecy the star, Rolling thro' Hebrew clouds thy radiant car! Art thou too fall'n as we? Can flattery's tide Drown thy fire's spirit and thy attic pride? Is this the man who spoke, in language strong, The praise of liberty's Athenian song? Blest are her notes, but curs'd the sordid things That priestcraft offers to the pride of Kings; For never, never shall fair freedom's hand Enroll one prelate in her sacred band!"
ARIZE OF BREAD.
As Established December 5, 1787. A Loaf of inspected superfine Wheat Flower, weigh Two Pounds Five Ounces for six-pence. A Loaf of Rye Flour to weigh One pound Twelve Ounces for three pence.
HIGH WATER.
This Day, March 6. 8h. 12m. Morn.
THOMAS SMITH, BOOT and SHOE MAKER, LEATHER CUTTER, AND CURRIER, Queen-street, No. 179, corner of Beekman or Chapel street.
BEGS leave to inform his friends, and the public in general, that he carries on the above branches in an extensive manner. He makes and sells the following articles, wholesale and retail, viz.
 Gentlemen's best boots with the best English legs and bend-foles, bound with Morocco, 12  Gentlemen's best boots turned down tops, best English legs and bend-foles, 10  Gentlemen's best boots with the best York legs and bend-foles, bound with Morocco, 8  Ditto best plain, ditto, York legs and bend-foles, 4  Ditto ditto, with York legs and foles, 2  Best water boots with bend foles, 0  Gentlemen's best calf-skin shoes with bound tops, 11  Mens strong shoes from 8/ to 9  Ladies best silk shoes, 1  Ditto ditto, stuff ditto satinets or calimanco, 10  Ditto ditto, leather lined and bound, 9  Ditto do. do. common, 8  Boys, Girles, and childrens shoes of all kind. 
As also, all kinds of leather whether for shoe makers, saddlers, or harness makers use.—English boot-legs, bend-foles as usual.
He wishes to inform the public, that, as he is determined to sell on the most reasonable terms, no credit on any account will be given, except to those of his former customers.
And likewise, that no shoes will sent to any one for trial except they be very well known, as he has already suffered too much/loss on that account. Country store keepers, and others, will find it to their advantage to deal at the above store, as they can be supplied with upper leathers, foles, half foles, &c. by the dozen, on the most reasonable terms.
Black-ballof an excellent quality for cleaning boots or shoes, wholesale and retail.
N. B. Rough leather taken in and curried on the most reasonable terms. 24—c.d.
FLAX-SEED,
STORED, Cleaned, Purchased and Sold at HARTELL and WOODWARD'S Flax-seed floor lately occupied by Mr. JACOB SARLY, last by Mr. Nash, between Van Zandt's and Murray's Wharves. 38—c.d.
State of New-York, Court of Admiralty.
Charles March, Timothy Penny, Abraham P. Mendes, John Thompson, Gad Wells, and others, Libellants.
Sundry goods, Wares and Merchandize, saved out of a vessel having no portion on board, by John Shannon and others, and claimed by Gibbon Bourke, John Donnan and the said John Shannon and others, and claimed in part by Daniel McCormick for Hyem Cohen, and by William Cock for Richard Hall.
WHEREA Charles March, Timothy Penny, Abraham P. Mendes, John Thompson, Matthew Fergo, John Howard, Gad Wells, Samuel Eells, and Peter Noyes, junior, as passengers, and Malcom Taylor, and Henry Harris, as mariners on board of the brigantine Port Roseway, have filed a libel in the said court, setting forth that in and with the said brigantine, in a voyage from the island of Jamaica to New-London, in Connecticut, on or about the first day of August, in the year 1784, in the latitude of 23 degrees and 30 minutes north or thereabouts, they discovered, and went to a vessel with only her foremast standing, and having no living creature on board, and five feet water in her hold; and that they saved and took out of the said brigantine, sundry goods, wares, and merchandise, which were by them brought to the port of New-York, and there sold at public vendue, by order of Gibbon Bourke, and John Donnan, of the said city, merchants: And whereas it appears by return of sales of Anthony L. Bleeker, that the said merchandise so saved and brought to the port of New-York, consisted of the following articles, viz. Six hogheads of sugar, the marks & numbers whereof were defaced, one hoghead of sugar marked F. No. 102, one other hoghead of sugar marked WB. No. 185, one other hoghead of sugar, marked F. S. one hoghead of spirits, marked E. [enclosed by a diamond] No. 6, one other hoghead of spirits, marked B. E. No. 4, one other hoghead of spirits, marked B. E. No. 5, one other hoghead of spirits, marked B. R. No. 9, one other hoghead of spirits, marked WB. No. 7, one other hoghead of spirits, marked WB. No. 8, and one other hoghead of spirits, marked WB. No. 9, thirteen bales of cotton wool without mark or number, 1 bale of cotton wool, marked B. three other bales of cotton wool, marked H. C. fifteen other bales of cotton wool, the marks & numbers whereof were defaced; four whole bales, four half bales, four broken bales, and four bundles of cotton wool, the marks whereof, if any had been, could not be discovered, a quantity of logwood, and five hundred and fifty-one feet of mahogany. And whereas, by an advertisement formerly published in one of the news papers printed in New-York, the said goods and merchandise were said to have been saved and taken on board of the said brigantine Port-Roseway, on Thursday the 5th day of Aug. 1784. And whereas, Gibbon Bourke and John Donnan, on behalf of John Shannon, maltster, 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, JONH GRAHAM, Marshal. 36 3m.
TO BE SOLD,
At PRIVATE SALE, a Pleasant situated
F A R M, BETWEEN Rack Pond and Fresh Creek, adjoining the sea, at Shrewsbury, in Monmouth county, in the state of N. Jersey, containing one hundred and fifty acres. The payment will be made easy to the purchaser, and a good title will be given. For further particulars enquire of PETER OGILVIE, at No. 6, Crown-street. New-York, Feb. 13, 1788. 17
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)
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. Jeremiah 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. Method of breaking fleers 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 tradsmen 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 negroe girl, and mulatto boy—by Dr. Morgan, Letter relative to the engraving fruit-trees and the growth of vegetables—by General Lincoln, Observations on the growth of trees downwards after the first year.
Medical Tracts.
Letter on the sore throat distemper, Letter on the digitalis purpurea, An inestimable dissolvent for human calculi.
Select Poetry.
A poem, addressed to the people of Virginia, on New-Year's day, 1788. Monitory epistle, addressed to a young lady, A riddle.
Foreign Intelligence, American do.
AT THE TANNERY, Near the Fresh-Water Pond,
MAY be had of the subscriber, acquaintly of excellent SOLE and UPPER-LEATHER, tanned in the English mode, equal to any manufactured in America. He proposes for country dealers, to supply on terms that will enable them to make large profits;—for city consumption, such as will establish the Shoe Manufacturers, and procure them a run of custom—For ships use, as good in quality, as that imported from England, and at a much less price.
Cash, Bark, raw Hides or Calve Skins taken exchange. ISAAC COULTHARD. N. B. A Currier, Master of his Business is wanted immediately—Apply as above. 40 c.d.
Masters & Owners of Vessels
Are hereby informed, THAT they may be supplied with cables, large or small, of any length, and cordage of all sizes, made of Peterburg hemp, first quality, at Ivers's Rope-walk, at the head of Mulberry-street, the first left hand turn above the Tea-Water Pump, on such favourable terms as to merit the attention of any gentleman that would wish to lay out his money to the best advantage. Cables spliced, with the addition of any length required, white rope of every sort for city or country use, hawser lin, deep sea lines, hand lead lines, log lines, house lines, and marline, &c. &c. by H. IVERS, Ropemaker.
N. B. The above articles, whether in large or small quantities, will be delivered to any part of the city without expence of cartage to the buyer. New-York, Dec. 7, 1787. 58 c.d.
New-York RUM
Of excellent Flavour and good Proof, FOR SALE, By Charles Tillinghaft, At the DISTILLERY, near the New Market, Cherry-Street, nearest to the ship-Yards.
Remaining on Hand, And TO BE SOLD, At this Printing-Office, No. 25, Water-street,
A Few MAPS,
Of the interior parts of North-America, including the lands intended for the NEW STATES, some of which are selling, and others already disposed of by order of Congress.
ORDERS are just received, by the printer here of, to sell these Maps at a much cheaper rate than they have yet been sold. The plates were cut and the impressions taken in London, and there sold (without the pamphlet) at One Guinea each.
To accompany this map, and explanatory of it, with references to it, will be sold, included in the price of the map, a pamphlet, containing 67 large octavo pages, with plates and figures, entitled, a Topographical Description of Virginia, Pennsylvania, Maryland, and North-Carolina, comprehending the rivers Ohio, Kenhawa, Sioto, Cheroke, Wabash, Illinois, Mississippi, &c. The climate, soil, and produce, whether animal, vegetable, or mineral; the mountains, creeks, roads, distances, latitudes, &c. and of every part, laid down in the Map.
By THOMAS HUTCHINS, Esq. Late Captain and Engineer in the British army, and now Geographer General to the United States of America. With a plan of the rapids of the Ohio, a plan of the several villages in the Illinois country, a table of the distances between Fort Pit and the mouth of the Ohio, all engraved upon copper.—And an Appendix, containing Mr. Patrick Kennedy's Journal up the Illinois river, and a correct list of the different nations and tribes of Indians, with the number of fighting men, &c.
Description of the ILLINOIS COUNTRY.
THE Illinois country is in general of a superior soil to any other part of North America that I have seen. It produces fine oak, hickory, cedar, mulberry trees, &c. some dying roots and medicinal plants;—hops, and excellent wild grapes, and in the year 1769, one hundred and ten hogheads of strong wine, were made by the French settlers, from these grapes. A large quantity of sugar is also annually made from the juice of the maple tree; and as the mulberry trees are large and numerous, I presume the making of silk will employ the attention and industry of the settlers, when the country is more fully inhabited than it is at present, and especially as the winters are much more moderate and favourable for the breed of silk worms, than they are in many of the sea coast provinces. Indigo may likewise be successfully cultivated—(but not more than two cuttings in a year) wheat, peas, and Indian corn thrive well, as does every sort of grain and pulse, that is produced in any of the old colonies. Great quantities of tobacco are also yearly raised by the inhabitants of the Illinois, both for their own consumption and that of the Indians; but little has hitherto been exported to Europe. Hemp grows spontaneously, and is of a good texture; its common height is 10 feet, and its thickness three inches (the latter reckoned within about a foot of the root) and with little labour, any quantity may be cultivated. Flax seed has hitherto been only raised in small quantities. There has however been enough produced to shew, that it may be sown to the greatest advantage. Apples, pears, peaches, and all other European fruits succeed admirably. Iron, copper, and lead mines, as also salt springs, have been discovered in different parts of this territory. The two latter are worked on the Spanish side of the Mississippi, with considerable advantage to the owners. There is plenty of fish in the rivers, particularly Cat, Carp, and Perch, of an uncommon size.—Savannahs, or natural meadows, are both numerous and extensive; yielding excellent grass, and feeding great herds of buffalo, deer, &c. ducks, teal, geese, swans, cranes, pelicans, turkies, pheasants, partridges, &c. such as are seen in the sea coast Colonies, are in the greatest variety and abundance.—In short, every thing, that a reasonable mind can desire, is to be found, or may, with little pains, be produced here. New-York, Jan. 17, 1788. 93 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 passage in either of these stages, will please to leave their names with the subscriber the evening before the stage's departure; gentlemen passengers and others, are informed that the subscriber keeps a house of entertainment; and accommodates gentlemen with boarding and lodging. Every attention will be paid to those who please to favour him with their custom.
N. B. The gentlemen of the city are informed that the subscriber has a large convenient assembly room, which he proposes to let during the winter season, or longer if required.
CHRISTOPHER BEEKMAN. New-York, Nov. 13, 1787. 51—th.
A PERSON perfectly acquainted with MERCHANT'S ACCOUNTS, would be glad of employ, in that line, either in Posting of Books, or adjusting intricate accounts. Enquire of the Printer. New York, October 25, 1787. 38—c. 1
—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.