Gazette of the United-States. (New-York [N.Y.]), 1790-01-15 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. 75, of Vol. II.]
SATURDAY, JANUARY 15, 1791.
[Whole No. 179.]
CONGRESS OF THE UNITED STATES:
AT THE THIRD SESSION,
Begun and held at the City of Philadelphia, on Monday the sixth of December, one thousand seven hundred and ninety.
An ACT to provide for the unlading of Ships or Vessels, in cases of Obstruction by Ice.
WHEREAS it sometimes happens, that ships or vessels are obstructed by ice in their passage to the ports of their destination, and it is necessary that provision should be made for unlading such ships or vessels;
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in all cases where a ship or vessel shall be prevented by ice from getting to the port at which her cargo is intended to be delivered, it shall be lawful for the collector of the district, in which such ship or vessel may be so obstructed, to receive the report and entry of any such ship or vessel, and with the consent of the naval-officer (where there is one) to grant a permit or permits for unlading or landing the goods, wares or merchandise imported in such ship or vessel, at any place within his district, which shall appear to him to be most convenient and proper.
And be it further enacted, That the report and entry of such ship or vessel, and of her cargo, or any part thereof, and all persons concerned therein, shall be under and subject to the same rules, regulations, restrictions, penalties and provisions, as if the said ship or vessel had arrived at the port of her destination, and had there proceeded to the delivery of her cargo.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,
and President of the Senate.
APPROVED, JANUARY THE SEVENTH, 1791.
GEORGE WASHINGTON, President of the United States.
(TRUE COPY.)
THOMAS JEFFERSON, Secretary of State.
An ACT to continue an Act, intitled, "an Act declaring the assent of Congress to certain Acts of the states of Maryland, Georgia, and Rhode-Island and Providence Plantations," so far as the same respects the states of Georgia, and Rhode Island and Providence Plantations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed the last session of Congress intitled, "an act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode-Island and Providence Plantations," shall be continued, and is hereby declared to be in full force, so far as the same respects the states of Georgia, and Rhode-Island, and Providence Plantations, for the farther term of one year, and from thence to the end of the then next session of Congress, and no longer.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,
and President of the Senate.
APPROVED, JANUARY TENTH, 1791.
GEORGE WASHINGTON, President of the United States.
(TRUE COPY.)
THOMAS JEFFERSON, Secretary of State.
Extracts from Brigadier-General HARMAR's letter to the Secretary of War :
"HEAD-QUARTERS, FORT-WASHINGTON, November 23, 1790.
"ON Thursday, the 30th Sept. I took the field, with such of the Federal Troops as were then assembled at Fort-Washington, consisting of two battalions, commanded by Majors Wylls and Doughty, with three brass pieces of ordnance, viz. a six pounder, a three pounder, and a five and one half inch howitz; together with Capt. Ferguson's company of artillery; making in the whole 900 men, including non-commissioned officers. With this force I immediately proceeded to join the militia under the command of Col. Hardin, whom I had put in motion the 26th, and ordered to advance along what is called, "Clarke's Old Trace," for about 25 miles, there to halt till further orders. The militia had been draughted from Kentucky and Pennsylvania, and both together amounted to 1133 men. Many of the former were substitutes, and by no means equal, either in spirit or appearance, to the generality of their countrymen. My whole force then was 1453 (including two troops of cavalry) but from this number we may safely deduct 200 of the militia as good for nothing.
"Oct. 14th, I detached Col. Hardin with 600 men, composed of 50 federal troops, and 550 militia, 100 of whom were mounted. The object was, to reconnoitre the country, and feel, at their towns the enemy's pulse, while the army advanced.
"A dispatch arrived on the 16th from Col. Hardin, informing me that the savages, and the traders, (who are, perhaps, the worst savages of the two) had evacuated their towns, with appearances of precipitation, and burnt the principal village, called the Omeec town, together with all the traders' houses.
"On Sunday the 17th entered on the ruins of the Omeec town, or French village, as part of it is called. Appearances confirmed accounts I have received of the consternation into which the savages and their trading allies had been thrown by the approach of the army. Many valuables of the traders were destroyed in the confusion, and vast quantities of corn and other grain and vegetables, were secreted in holes dug in the earth, and other hiding places. Col. Hardin rejoined the army.
"Besides the town of Omeec, there were several other villages situate upon the banks of three rivers. One of them belonging
to the Omeec Indians, called Keguioque, was standing, and contained 30 houses, on the bank opposite the principal village. Two others, consisting together of about 45 houses, lay a few miles up the St. Mary, and were inhabited by Delawares. Thirty-six houses occupied by other savages of this tribe formed another, but scattered town, on the east bank of the St. Joseph, 2 or 3 miles N. from the French village. And about the same distance down the Omeec river, lay the Shawanoe town of Chillakothé, consisting of 58 houses; opposite which, on the other side bank of the river, were 16 habitations more, belonging to the savages of the same nation. All these I ordered to be burnt down, my stay there, together with great quantities of corn and vegetables hidden (as at the principal village) in the earth and other places, by the savages, who had abandoned them. It is computed there were not less than 20,000 bushels of corn in the ear, which the army destroyed.
"On the 18th two Indians were killed and scalped by the cavalry; and another was killed at night. We lost a great number of horses at this time, occasioned, by the negligence of the militia guards, and their disobedience of orders.
"On the 19th, Col. Hardin was detached with 180 men, taken from the Pennsylvania and Kentucky militia, and 30 federal troops commanded by Lieut. Armstrong. Part of the detachment proceeded about 10 miles westerly of the main body of the army, now posted at Chillakothé, (the Pennsylvanians, who formed the left column, having fallen some miles in the rear) when a body of Indians appeared, and advanced to the attack; and tho' the enemy did not, as it is believed, exceed a hundred and thirty, yet the militia made no resistance, but fled, leaving the handful of federal troops to their fate; seven only of whom escaped. The militia lost but few men; among these, fell, lamented by his acquaintance, Capt. Scott of the militia, son to Gen. Scott of Kentucky. I am not informed of the loss sustained by the savages; but I conceive it could not be great.
"Incensed at the disgraceful conduct of the militia, and determined to prevent, if possible, a repetition of it upon any future occasion, I reprimanded it in my next orders with great severity. This measure, tho' harsh, will appear to have been necessary. It operated as a stimulus to wipe off the foul stain, which the reputation of the militia had incurred.
"The great object of the expedition being now completely effected, that is, the destruction of the Omeec towns, and the provisions laid up for their subsistence; on the 21st the army began to return towards Fort Washington by the route they came.
"It was originally my intention, to have returned by the way of the Ouiatanon (commonly called the Weeah) towns on the Wabash; and break them up also. Major Hamtramck, commanding at Fort-Knoxi, (Vincennes) had been previously ordered to make a movement towards them with the troops under his command; 300 militia from Kentucky were ordered to reinforce him. The movement was intended as well as a diversion to prevent an union of the two forces, as also the purpose of effecting a junction with our whole force, in case I should have judged it advisable to enter the country of the Ouiatanons. Circumstances however rendered it impracticable for me to attempt it, at this time, with any tolerable prospect of success. The horses of the army were now, by various causes, reduced to two thirds of their original number, and the remainder so worn down with hard service, as to preclude the possibility of reaping much farther benefit from them. I have not yet received any communication from Major Hamtramck, notwithstanding the long lapse of time since he was ordered to march.
"On the 21st October, the army decamped from Chillakothé, returning on the route we had come about 8 miles. Here we remained till the morning of the 23d. Finding, in the mean time, that the enemy studiously avoided coming to a general action; and conceiving it improper to leave them in the quiet enjoyment of their late success, I resolved to make an effort to bring on another partial engagement. For this purpose I detached, on the 21st, late at night, Col. Hardin, and Major Wylls, with 360 men, 60 of whom were federal infantry—the rest being militia, from Pennsylvania and Kentucky. I had sometime before, mounted a company of militia, and annexed it to the two troops of Kentucky cavalry, giving the command of the whole to Major Fontaine, a brave and deserving officer, at that time serving as my Aid-de-Camp. This corps made a part of the present command.
"I gave orders to find out and fight the enemy at all events, and to be sparing of no means that might tend to lessen the number of the savages.—Knowing of what importance the life of every warrior is held among them. The detachment reached the confluence of the Omeec and St. Mary, early next morning, and filed off in three columns. The left, under Col. Hardin and Major Hall, crossed at Keguioque, and proceeded along the west bank of the St. Joseph. The centre, consisting of the federal troops, under Major Wylls, having passed the Omeec at the French village, moved up the east bank of the St. Joseph, at some distance from the river, while Major M'Millan led the right column over some heights on Wylls's right. The enemy now appeared in different quarters, and the columns were soon and severally engaged with various success. A body of the savages having appeared in Wylls's front, and cherished the idea of an attack there, suddenly gained the unoccupied heights on the right, and turned his flank. At this crisis fell Major Wylls, an officer whose long and meritorious services claim the grateful remembrance of his country. With the talents of a cultivated mind, he united the best virtues of the heart. The little party, unsupported, and overpowered by numbers, now gave way, leaving 50 out of 60 dead upon the field. Free use was made of the bayonet, which the savages experienced to their cost. Lieut. Frothingham, of my regiment, was killed in the action. I have lost in him an useful officer, and a worthy man. While this part of the business was acting, the militia were not idle: they behaved with the spirit of veterans, and flew numbers of the enemy; who met their fate with uncommon bravery. In short, each side seemed emulous to establish a character over the other.—The militia every where gave striking proofs of determined courage. The savages were in no instances behind them, and the slaughter was reciprocal.
"From the best information the enemy lost in the course of this affair, upwards of 100 of their prime warriors,—men who appeared to fear no danger. Not a squaw or a child was seen this day to swell the number of the slain. The enemy's loss cannot be replaced. Ours, too, was heavy. Maj. Fontaine who commanded the cavalry, was a young gentleman of the most amiable manners, with a soul formed for enterprise. Years only were wanting to moderate his ardour in the field, and unite, in the accomplished gentleman, the character of a good soldier. He fell covered with wounds, in singly charging with his sword about 40 of the enemy. Some other officers of the militia were killed, and some few wounded. Our whole loss in killed, wounded and missing, amounted to 180, including officers. Upwards of 20 of the wounded were brought off.
"Among the officers who survived the slaughter, and distinguished themselves more particularly on this day, I mention with pleasure the names of Major M'Millan, of Fayette, Major Hall, of Bourbon, and Brigade Major Ormsby, of Nelson county, in Kentucky; together with Capt. Gaines, of the cavalry. The conduct and personal courage of the first demand my warmest acknowledgments. He flew with his own hand three of the savages, and the column he led, made impressive exertions, wherever it appeared. The second was on all occasions obedient and brave, and displayed great personal courage. The third signalized himself in a manner that does him honor, by judiciously rallying a broken body of militia, which, in consequence, did great execution, under the immediate command of this gallant young officer. Capt. Gaines is deserving of great praise, for his soldierly conduct during the whole expedition, and particularly for the intrepidity he displayed in a personal combat of some duration, with a mounted savage, whom he at last overcame, bringing off the arms of his antagonist as trophies of the victory.
"I am under many obligations to all the field-officers, both of the Kentucky and Pennsylvania militia, who gave me uniform proofs of the best disposition to second my endeavors during the expedition. Col. Hardin, who commanded the whole militia, is in a particular manner entitled to my acknowledgments, as well for his cool and determined conduct in action, as for his attention and perseverance in the execution of orders. As to the officers of the federal troops under my command, I must, in justice to them, observe, that their whole conduct was marked by a strict attention to discipline, a promptitude to obey orders, and alacrity in the execution of them.
"After the action of the 23d, the detachment rejoined the army in its encampment; and at 11 next morning the troops resumed the route towards Fort Washington, which we reached by easy marches on the 3d of November. No interruption whatever was offered by the enemy on our return; a convincing proof of this of their having received a blow which they felt. I flatter myself good consequences will be the result. We have not, I conceive, lost much more than man for man with the savages. Our loss can be repaired; theirs is irreparable.
"On my arrival at this fort, the pack-horses of the line did not exceed one half of their original number. Many had been shot and stolen on the expedition; others were lost in the woods; and others again, being worn out with fatigue, were either killed or left behind. The advanced state of the season having deprived us in a great measure of forage, I ordered them, at times, to be tied up at night, and flour to be served out at the rate of three pounds daily to every horse; hence you will perceive an extraordinary consumption arose of that article.
"I detained in confinement here the Shawanoe prisoner we had taken, till the 18th inst. when I dismissed him back to his nation; but in a way, I trust, that impressed him with ideas of our superior power, his own insignificance, and our contempt of his brethren. I ordered him a few tripeks, and an escort to see him safely advanced on the road 25 miles, lest any of our hunters might fall in with him, and use him less tenderly than I wished. He appeared to be thankful, and departed from the garrison with a mixture of sorrow, gratitude and joy."
NEW-YORK, Jan. 8.
ARRIVALS at this port from Jan. 1, 1790, to Jan. 1, 1791.
   Ships 127   Brigs 260   Snows 13   Schooners 217   Sloops 396   Total 1013   688 of which were American   288 British   14 Spanish   8 Portuguese   8 French   6 Dutch   1 Dane   1013  
Extract of a letter from Boston, Dec. 29.
"Facts have proved, that they were in the right who advised people to keep their public securities. They have been constantly on the rise for some time past, and are now rising as fast as ever to be upon a par with money. I have heard and it may be depended upon as true, that our six per cent. securities, now sell in Holland above par, and are rising still higher, and they certainly ought to be as valuable in America as in Holland and I have therefore advised all my friends, possessed of state or continental notes not to sell them for less than twenty shillings in the pound. —Certainly no estate is so good as the public securities of this country, and every one who now sells them below par, will repent when they are gone from him. I am assured by a commissioner for settling the accounts between this state and the union, there will be a balance due to Massachusetts, which will take up and fund all the remainder of her debt, by which means it will ALL be funded by the United States."
A L B A N Y, Jan. 3.
On Thursday next, the convention of the state of Vermont meet in Bennington, for the purpose of taking into consideration the constitution of the United States. His excellency Governor Chittenden, chief justice Chipman, Stephen R. Bradley, Esq. the Attorney-General, Thomas Tollman, Esq. Mr. Jacobs, the Speaker of the Assembly, Major-General Ira Allen, and many other principal characters in that state are returned members to this convention.

Commercial Intelligence.
FROM THE LONDON GAZETTE, of OCTOBER 9.
At the COURT at St. JAMES's, October 6, 1790.
PRESENT.
The KING's Most Excellent MAJESTY, IN COUNCIL.
“WHEREAS by virtue of an act passed in the last session of Parliament, intitled, an act to continue the laws now in force for regulating the trade between the subjects of his Majesty's dominions and the inhabitants of the territories belonging to the United States of America, so far as the same relate to the trade and commerce carried on between this Kingdom and the inhabitants of the countries belonging to the said United States,” his Majesty by the advice of his Privy Council, did, by an order in Council, made on the first day of April, 1790 amongst other things, declare, That any unmanufactured goods and merchandizes, the importation of which into this kingdom, is not prohibited by law, (except Fish-Oil, Blubber, Whale-Fins, and Spermaceti) and any Pig-Iron, Bar-Iron, Pitch, Tar, Turpentine, Rozin, Pot-Ash, Pearl-Ash, Indigo, Masts, Yards, and Bowsprits, being the growth or production of any of the territories of the United States of America, and no other goods or merchandizes, might (until further order) be imported directly from thence into any of the ports of this kingdom, either into British-built ships, owned by his Majesty's subjects, and navigated according to law, or in ships built in the countries belonging to the United States of America, or any of them, and owned by the subjects of the said United States, or any of them, and whereof the master and three-fourths of the mariners at least are subjects of the said United States, or any of them, and may be entered and landed in any port in this kingdom, upon payment of the same duties as the like sort of goods or merchandize are or might be subject and liable to, if imported in British-built ships owned by his Majesty's subjects and navigated according to law, from any British Island or plantation in America; notwithstanding such goods or merchandize, or the ships in which the same may be brought, might not be accompanied with the certificates or other documents heretofore required by law :
And whereas doubts have arisen upon the true intent and meaning of that part of his Majesty's order in council herein before mentioned, which respects the importation of Fish-Oil, Blubber, Whale-Fins, and Spermaceti, and such other goods and merchandize, being of the growth, production, or manufacture of the said United States as are not therein enumerated or described:—His Majesty by the advice of his council, doth hereby order and declare, That Oil made from Fish or creatures living in the Sea, and Blubber, Whale-Fins, and Spermaceti, and all other goods and merchandize, the importation of which into this kingdom is not prohibited by law, being the growth, production or manufacture of any of the territories of the United States of America, and not enumerated or described in the said order, may be imported from thence into this kingdom in British or American ships, owned and navigated as by the said order is required, upon payment of such duties of customs and excise as are payable on the like goods or merchandize, upon their importation into this kingdom, from countries not under the dominion of his Majesty, according to the tables marked A. D. and F. annexed to an Act, passed in the twenty-seventh year of his present Majesty's reign, intitled, “An Act for repealing the several duties of customs and excise, and granting other duties in lieu thereof, &c. &c.” or by any laws in force, passed subsequent to the said act, for that purpose; and in cases where different duties are therein imposed upon the like goods imported from different countries, not under the dominion of his Majesty, then upon the payment of the lowest of such duties; and such goods and merchandize shall be intitled to the same drawbacks as are allowed upon the exportation of the like goods and merchandize from this kingdom, according to the before mentioned tables, or by any other laws in force, passed subsequent to the said Act, for that purpose; and shall be liable to the same rules, regulations, and restrictions, as the like goods and merchandize are liable to upon importation into any port of this kingdom, by any laws in force for that purpose.
And the Right Honorable the Lords commissioners of his Majesty's Treasury, and the Lords commissioners of the Admiralty are to give the necessary directions herein, as to them may respectively appertain. W. FAWKENER.
PHILADELPHIA, Jan. 15.
The Governor of New-Jersey has published the names, pursuant to law, of the candidates for the office Representatives of the United States in that state; they amount to FORTY FIVE!!
The General Assembly of the state of Virginia adjourned the 25th ult. During the session, they passed seventy-one acts.
HOUSE OF REPRESENTATIVES.
MONDAY, Jan. 10.
In committee of the whole—on the bill declaring what officer, in case of vacancy of the offices of President, and Vice-President, shall act as President.
Mr. Boudinot in the chair.
THE first clause of the bill being read, which contains a blank to be filled up with the officer, who shall act as President.
Mr. Smith (S.C.) observed, that by the constitution the vacancy is to be filled with an officer of the United States: This narrows the discussion, said he, very much. But he conceived there was a previous question necessary to be determined, and that was, whether the person appointed to supply the vacancy should hold the office during the time for which the President and Vice-President was elected; or whether he was to hold the office only till a new election could take place: He thought that by the Constitution, a new election was not to take place till the term for which the President and Vice-President had been elected, was expired.
He then descended on the respective offices of the Chief Justice, Secretary of State, and Secretary of the Treasury—and by several particulars shewed, that the appointment would most naturally devolve on the Secretary of State. He accordingly moved that the blank be filled with the words “The Secretary of State.”
Mr. Livermore observed, that in considering this question, he thought no reference should be had to the officers which had been mentioned—for as it was supposed that the case contemplated would not happen once in a 100 years, he conceived that the present characters, who now hold the above offices, would be entirely out of the question.—He had in view a different person, and that was the President of the Senate, pro tempore —and moved that the blank be filled with this person.
Mr. White observed, that the Constitution says the vacancy shall be filled by an officer of the United States. The President, pro tempore , of the Senate, is not an officer of the United States.—Besides this will give one branch of the legislature the power of electing a President: This he conceived was contrary to the Constitution—as both branches have a right to an equal voice in the appointment in this case. This will introduce the very evil intended to be guarded against.
Mr. Williamson said the motion was directly repugnant to the Constitution. Why not chuse the Speaker of this House?
Mr. Livermore said, he was well aware of the objections offered by the gentlemen: He could have wished the Constitution had pointed out the person. But he conceived that the Senate was the only body that could do this business. If either of the officers mentioned, should be the person designated to supply the vacancy, it would be in the power of the Vice-President, by virtue of the power of removing officers, absolutely to appoint a successor, without consulting either branch of the legislature.
Mr. Sherman observed, that this matter is left with the legislature—the whole power of the people, in case of the vacancy, devolves on the legislature. The particular officer is not pointed out: It lays with Congress to say who it shall be. The President of the Senate is an officer of the United States. In case of the death of a Governor and Lieutenant Governor, it is common in the several States for the oldest counsellor to preside. He intanced the case of the abdication of James II. Adverting to the constitution, he shewed that the appointment of Vice-President, in certain cases devolves on the Senate—who will of course be President. The vacancy may be filled for a longer or shorter time, and this appears to be a question previous in its nature to be determined.
Mr. Sedgwick said he should be in favor of the motion of the gentleman from New-Hampshire, if it was not for the express provision in the constitution—which says the office shall be filled by an officer of the United States. Should the vacancy now happen, there would be no officer in the Senate that could be appointed.
He mentioned that the office of Chief Justice was considered as next to that of President, and therefore, on the whole, he considered him as the most proper person to fill the vacancy.—He thought the bill respecting the votes for President and Vice President should be first determined—He moved therefore that the committee should rise, and take up the next bill.
Mr. Carroll and Mr. Livermore objected to the motion for the committee's rising.
Mr. Madison was also opposed to the motion: He enlarged on the subject—and said he thought
it a duty, urged by a variety of considerations, important in themselves, and more so perhaps in their consequences, that the decision should be now made.
Mr. Smith started a variety of objections to Mr. Livermore's proposition: He thought it unconstitutional, as it would, in its operation, deprive a state of a vote in the Senate.
Mr. Bourne said he seconded the motion for the committee's rising, because he conceived there was other business of more immediate importance to be considered—and he saw no necessity of coming to a decision on the present question, at this time.
Mr. Lawrance supposed the blank could be filled up in the house: He was therefore in favor of the committee's rising.
The motion for the committee's rising was negatived.
Mr. Benson was in favor of filling up the blank with the Chief Justice. He observed that the objection arising from the Vice President's having it in his power to name his successor, in case the Secretary of State is inserted, does not apply to the Chief Justice. He is independent of the Executive.
He pointed out several particulars—in which there was an incompatibility in the offices of Secretary of State, and that of President. He observed that the appointment to the regency in all countries, is generally of the first law officer.
Mr. Jackson objected to the Chief Justice, and said, the Speaker of the House of Representatives was, in his opinion, the next officer in point of dignity, to the President and Vice President.
Mr. Madison objected to the Chief Justice, as it would be blending the Judiciary and Executive. He objected to the President, pro tem. of the Senate. He will be a Senator of some particular State, liable to be instructed by the State—and will still hold his office: Thus he will hold two offices at once.—He adverted to the other objections which had been offered against the Secretary of State, and shewed the compatibility of the two offices.
Mr. Stone stated sundry difficulties respecting all the officers that had been named; but on the whole, thought there were fewer against the Secretary of State than any other officer that had been mentioned.
Mr. Sehey was opposed to coming to any decision at the present time: He thought more important business was before the house: He was not for making any decision that should give umbrage to any officer in the government: The Secretary of State, the Secretary of the Treasury, were equally entitled to the public notice.
Mr. Carroll was in favor of coming to a decision—and if nothing more could be offered against the motion for filling up the blank with the Secretary of State, he presumed the committee were ripe for a decision—he referred to the situation of countries who had not in season made provision for a regent, &c.
Mr. Sherman said he was in favor of the committee's rising and reporting the bill, and leave the blanks to be filled up in the house.
Mr. White was in favor of filling up the blank in the committee: He saw no reason for a delay. The officers mentioned are as well known now, as they will be 3 days hence. The President and Vice-President being in health, is a reason why the subject should now be considered: It can be done with coolness, and freedom from all warmth.
Mr. Lawrance said, he thought there was no necessity for precipitating the decision: With respect to every person that has been named, difficulties have been started: The subject is important—and time should be given to deliberate on the several officers that have been named.—He hoped therefore that the Committee would rise, and report the bill—and leave the blank to be filled up at another time.
Mr. Burke was in favor of the committee's rising: He observed, that the members in general appeared to be very much undetermined:—This is the first day the subject has been under consideration: He hoped the members would not be precipitated to vote on the occasion.
Mr. Carroll said, if the Committee should rise, he hoped the bill would not be reported; but that they would set again.
Mr. Burke said he hoped the committee would set again.
The question on the committee's rising and reporting progress, was carried in the affirmative.
WEDNESDAY, Jan. 12.
The bill for granting lands to the inhabitants and settlers of the town of Vincennes in the Illinois country north west of the Ohio, and confirming them in their possessions, was read a second time, and referred to a committee of the whole house this day week.
Mr. Sedgwick presented petitions from a number of officers and soldiers in the Massachusetts line of the late army, which were read and referred to the Secretary of war.
Mr. Fitzsimons presented a petition from a number of tradesmen employed in the various branches of ship-building, in the city and liberties of Philadelphia, praying that they may have some

speedy remedy for recovery of their debts in those branches of business by instituting suits in the federal courts, which was read and laid on the table.
Also a petition from Joshua Barney, late a capt. in the navy of the United States, praying to be reimbursed his expences, while a prisoner with the enemy; and that he may be put on the same footing with the other officers in the late American navy.
Also a petition of sundry officers of the late American navy, praying compensations for services, &c. the two last petitions were read, and referred to a select committee of five members.
Mr. Cadwallader presented a petition from the public creditors of Monmouth county, state of New-Jersey, praying an alteration in the funding system, which was read and laid on the table.
Mr. Williamson moved that the rule of the house in these words "that no bill amended by the Senate shall be committed" may be expunged, which was agreed to by the house.
A message was received from the Senate, informing that they have passed a bill for erecting that part of the state of Virginia, called the district of Kentucky, into a separate state, and for admitting the same as a member of the union to which they desire the concurrence of the house.
In committee of the whole on the bill repealing after the last day of next, the duties heretofore laid on distilled and other spirits imported from abroad, and laying others in their stead.
The committee proceeded in the discussion as far as the 45th section. Adjourned.
THURSDAY, Jan. 13.
The bill for the admission of the district of Kentucky into the union, was read the second time, and made the order of the day for Monday next.
Mr. Sedgwick laid the following motions on the table:—That a committee be appointed to bring in a bill, to authorise the President of the United States to cause the principal of the debt, due to foreign officers, the interest whereof is now payable in Paris, at the rate of six per cent. per annum, to be discharged.
That as it will be impracticable, during the present season, to consider and decide on the report of the Attorney-General respecting the judiciary system with that deliberation which the importance of the subject demands, the consideration of the said report be postponed.
Also that the Attorney-General be directed to report to this house a bill, making a temporary provision for the clerks, jurors, and other officers of the federal courts—and that he also report to the next session, a bill, making a general provision for the officers, and jurors of said courts.
In committee of the whole on the bill repealing after the last day of next, the duties heretofore laid on distilled spirits—and laying others in their stead.
The discussion of the remaining sections was finished—and the bill, with the several amendments, reported by the chairman to the house.
On motion of Mr. Carroll, it was voted, that the consideration of the bill with the amendments be postponed, and made the order of the day for Monday next.
In committee of the whole, on the bill declaring the officer, who, in case of vacancy in the office of President, and Vice-President, shall exercise the office of President of the United States.
Mr. Boudinot in the chair.
Mr. Smith's (S. C.) motion for filling up the blank with "the Secretary of state for the time being," was read—which occasioned a renewal of the debate on the subject.—The committee appeared to be much divided, as before—and a motion being made for their rising, it was carried in the affirmative.—The committee therefore rose and reported progress.
Mr. Livermore gave notice, that he should move for leave to bring in a bill to alter the time of the annual meeting of Congress.
The house then went into committee on the bill declaring the time when the electors of president and Vice-President of the United States shall be chosen; also when they shall meet and give in their votes.
Mr. Boudinot in the chair.
Some time was spent in discussing the first section of this bill; but the committee rose without coming to any decision.
Mr. Ames' motion respecting further compensation to the commissioners of loans, for extra services, was referred, on motion of that gentleman, to the Secretary of the Treasury.
On motion of Mr. Boudinot, Mr. Bourne was added to the committee on the navigation act.
Adjourned.
FRIDAY, Jan. 14.
Sundry petitions were read and referred.
A memorial of Andrew Brown was read, purporting that he intends publishing a correct edition of the Laws and Resolutions of the Legislature of the United States, beginning with the
first session of Congress, and solicits the countenance of Congress to the publication.
Mr. White, of the committee appointed for the purpose, reported a bill for establishing a land-office for the sale of the unappropriated lands in the Western Territory—read the first and second time, and referred to a committee of the whole house on Thursday next.
Ordered, That 100 copies be printed.
Mr. Fitzsimons, of the committee to which was referred the petition of sundry officers of the navy, brought in a report, which was—That the prayer of said petition cannot be granted, and that the petitioners have leave to withdraw their petition. This report was accepted by the house.
Mr. Sedgwick's motion for appointing a committee to bring in a bill providing for the payment of the debt due to foreign officers, was taken up, and referred to a committee, consisting of Messrs. Sedgwick, Benson and Sney.
Mr. Madison laid before the house a memorial and three resolutions of the legislature of the State of Virginia, on the subject of the funding law, which were read and laid on the table.
In committee of the whole on the bill determining the time when the Electors of President and Vice-President shall be chosen—and when they shall meet and give in their votes.
The committee finished the discussion of this bill and agreed to sundry amendments, which were reported to the house—the house took the same into consideration, and adopted them with some additional amendments; it was then ordered that the bill should lie on the table till Monday. Adjourned till Monday.
LONDON, Oct. 28.
A motion lately made in the National Assembly, that the French flag should display the national colours, occasioned a warm debate; in which M. Mirabeau distinguished himself, by his usual eloquence and address—so that the motion was carried, notwithstanding the opposition, from the aristocracy, was more open and bold than usual.
M. Mirabeau concluded his speech with adding to the original motion, for displaying the national colours on the French flag, a further clause directing that instead of the usual shout of Vive le Roi , on board the ships every morning and evening, and on all important occasions, it shall henceforward be " VIVE LA NATION, LA LOI ET LE ROI ."—This motion, as thus enlarged, was adopted, after a clamorous and disorderly debate.
The three colours of liberty having been ordered to decorate the naval flag of France, a motion for the like change in the colours of the army, was agreed to without debate. The national colours are to be made of French manufactures.
A plan of national education has been reported to the National Assembly, by three eminent professors.
M. Barnave, on the 25th Oct. was elected President of the National Assembly.
Philadelphia, Jan. 15.
Capt. Higginson arrived at Boston the 4th inst. from Milford-Haven, (England,) which he left the 21st November: He saw a London paper of 13th Nov. which contained the articles of the Convention, for a reconciliation between Spain and England, signed by Count Florida Blanca, and Mr. Fitzherbert.
The legislature of the state of Georgia have passed sundry resolves on the Treaty formed by the United States with the Creek-Indians:—
The first resolve recognizes the legality of the treaty—and says it ought to be preserved inviolate, and the house engages to support the faith of the United States pledged thereby.
The second resolve censures the treaty, as making too great concessions to the Indians.
The third resolve says, the third article of the treaty is particularly liable to censure, as it renders the restoration of the property, carried off by the Indians, precarious, and subjects the prisoners in their hands to a ten months longer continuance of their captivity.
The fourth resolve censures the treaty, as relinquishing to the Indians, certain districts, sold and ceded by them to the inhabitants of Georgia.
The fifth resolve censures the fifth article, as liable to a construction unfavorable to the sovereignty of Georgia over, and pre-emption to, the lands allotted to the Indians.
The sixth resolve, censures the seventh article as not being founded on a principle of reciprocity, and equality—admitting the Indians to hunt on the lands of the white people, while it restrains the latter from hunting on the Creek lands!
The governor of Georgia, in consequence of some murders and depredations recently committed by the Creek Indians, has issued a proclamation forbidding the Indians to come armed within the territories of that state, until the pleasure of the President of the United States is known, respecting those ravages.
THE PRESIDENT—a new Ship, of 1000 tons, was lately launched at Providence; the property of Messrs. Brown and Francis.
The tranquility of the United States—the equal rights of the several states—the apportioning of the public burthens—and protecting the agricultural states from the unjust impositions of the commercial, are inseparably connected with the exercise on the part of the general government of the power of laying and collecting an excise, in some such form as that proposed by the bill now pending before the House of Representatives of the United States.
It is to be remarked, that the objections generally urged against an excise, do not apply to the above bill—nor have such been offered by its opposers. A peal has however been rung upon the word—and it is very humorous to observe what a climax may be founded upon a string of terms, without any meaning, in respect to the subject under debate.
Six per cents were at 17/ at Boston the 6th instant, pr. price current.
Amount of TONNAGE employed in the Trade of the United States, from 1st October 1789, to 30th September 1790.
Table with 4 columns: State, Tons, American, Foreign. Rows include New-Hampshire, Massachusetts, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and a Total row.
* The returns from this State commenced 21 June, 1790
† From North Carolina, 11th March, 1790.
‡ Returns from S. Carolina for three quarters only received.
ON the first Friday of this month, the AMERICAN PHILOSOPHICAL Society met, and agreeable to the fundamental regulations respecting the election of their officers, chose the following:
President. DAVID RITTENHOUSE, L. L. D.
Vice-Presidents, Hon. Thomas Jefferson, Rev. Dr. John Ewing, Rev. Dr. William Smith.
Secretaries, Dr. James Hutchinson, Mr. Robert Patterson, Mr. Jonathan Williams, Dr. Samuel Magaw.
Curators, Dr. Benjamin S. Barton, Dr. Samuel Duffield, Mr. Charles W. Peale.
Treasurer, Mr. John Vaughan.
Counsellors to hold their office for three years, Dr. Adam Kuhn, Mr. Jared Ingersoll, Mr. Andrew Ellicott, Dr. Samuel P. Griffiths.
The Counsellors, whose period of office hath not yet expired, are the following, Hon. Thomas McKean, Dr. Blackwell, Messrs William Barton, Isaac Gray, Charles Pettit, Dr. Benjamin Ruff, and Dr. John Jones. Extract from the Minutes. SAMUEL MAGAW, Secretary.
BANK OF NORTH-AMERICA.
PHILADELPHIA, January 1, 1791. BANK ACCOUNTS are now kept in DOLLARS and CENTS. All persons transacting business at BANK, are requested to draw their CHECKS in the following way.
Table with 8 columns showing Pence and Cents for various amounts from 1 to 24.
Table with 2 columns showing CENTS for 1-16 of a DOLLAR, 1-8 Do., 1-4 Do., 1-2 Do., 1-2 PISTAREEN, 1 PISTAREEN.
PRICE CURRENT.—PUBLIC SECURITIES.
Table with 4 columns showing FUNDED DEBT (6 pr. Cents, 3 pr. Cents, Deferred 6 pr. Cents) and UNFUNDED DEBT (Final Sett. and other Certificates, Indents, N. and S. Carolina, debts).

TREASURY DEPARTMENT,
December 13, 1790.
In obedience to the order of the House of REPRESENTATIVES of the 9th Day of August last, requiring the SECRETARY of the TREASURY to prepare and report, on this Day, such further Provision as may, in his opinion, be necessary for establishing the PUBLIC CREDIT —the said Secretary further
RESPECTFULLY REPORTS,
(CONTINUED FROM OUR LAST.)
THE payment of the interest of the public debt, at thirteen different places, is a weighty reason, peculiar to our immediate situation, for desiring a bank circulation. Without a paper, in general currency, equivalent to gold and silver, a considerable proportion of the specie of the country must always be suspended from circulation, and left to accumulate, preparatorily to each day of payment; and as often as one approaches, there must in several cases be an actual transportation of the metals at both expence and risk, from their natural and proper reservoirs to distant places. This necessity will be felt very injuriously to the trade of some of the States; and will embarrass not a little the operations of the treasury in those States. It will also obstruct those negotiations, between different parts of the union, by the instrumentality of treasury bills, which have already afforded valuable accommodations to trade in general.
Assuming it then as a consequence from what has been said, that a national bank is a desirable institution, two enquiries emerge—Is there no such institution, already in being, which has a claim to that character, and which supercedes the propriety or necessity of another? If there be none, what are the principles upon which one ought to be established?
There are at present three banks in the United States: That of North-America, established in the city of Philadelphia; that of New-York, established in the city of New-York; that of Massachusetts, established in the town of Boston. Of these three, the first is the only one which has at any time had a direct relation to the government of the United States.
The bank of North America originated in a resolution of Congress of the 26th of May, 1781, founded upon a proposition of the superintendent of finance, which was afterwards carried into execution by an ordinance of the 21st of December following, entitled, "An ordinance to incorporate the subscribers to the bank of North-America."
The aid afforded to the United States by this institution, during the remaining period of the war, was of essential consequence; and its conduct towards them since the peace, has not weakened its title to their patronage and favour. So far its pretensions to the character in question are respectable; but there are circumstances which militate against them; and considerations which indicate the propriety of an establishment on different principles.
The directors of this bank, on behalf of their constituents, have since accepted and acted under a new charter from the State of Pennsylvania, materially variant from their original one; and which so narrows the foundation of the institution, as to render it an incompetent basis for the extensive purposes of a national bank.
The limit assigned by the ordinance of Congress to the stock of the bank, is ten millions of dollars. The last charter of Pennsylvania confines it to two millions. Questions naturally arise, whether there be not a direct repugnancy between two charters so differently circumstanced; and whether the acceptance of the one is not to be deemed a virtual surrender of the other. But perhaps it is neither advisable nor necessary to attempt a solution of them.
There is nothing in the acts of Congress, which imply an exclusive right in the institution to which they relate, except during the term of the war. There is therefore nothing, if the public good require it, which prevents the establishment of another. It may however be incidentally remarked, that in the general opinion of the citizens of the United States, the bank of North-America has taken the station of a bank of Pennsylvania only. This is a strong argument for a new institution, or for a renovation of the old, to restore it to the situation in which it originally stood, in the view of the United States.
But tho' the ordinance of Congress contains no grant of exclusive privileges, there may be room to allege, that the government of the United States ought not, in point of candour and equity, to establish any rival or interfering institution, in prejudice of the one already established; especially as this has, from services rendered, well-founded claims to protection and regard.
The justice of such an observation ought within proper bounds to be admitted. A new establishment of the sort ought not to be made, without cogent and sincere reasons of public good. And in the manner of doing it, every facility should be given to a consolidation of the old with the new, upon terms not injurious to the parties concerned. But there is no ground to maintain, that in a case in which the government has made no condition restricting its authority, it ought voluntarily to restrict it, through regard to the interests of a particular institution, when those of the State dictate a different course; especially too after such circumstances have intervened, as characterize the actual situation of the bank of North-America.
The inducements to a new disposition of the thing are now to be considered. The first of them which occurs is, the, at least ambiguous, situation in which the bank of North-America has placed itself, by the acceptance of its last charter. If this has rendered it the mere bank of a particular state, liable to dissolution at the expiration of fourteen years, to which term the act of that state has restricted its duration, it would be neither fit nor expedient to accept it as an equivalent for a bank of the United States.
The restriction of its capital also, which, according to the same supposition, cannot be extended beyond two millions of dollars, is a conclusive reason for a different establishment. So small a capital promises neither the requisite aid to government, nor the requisite security to the community. It may answer very well the purposes of local accommodation, but is an inadequate foundation for a circulation co-extensive with the United States; embracing the whole of their revenues, and affecting every individual into whose hands the paper may come.
And inadequate as such a capital would be to the essential ends of a national bank, it is liable to be rendered still more so, by that principle of the constitution of the bank of North-America, contained equally in its old and in its new charter, which leaves the increase of the actual capital at any time (now far short of the allowed extent) to the discretion of the directors or stockholders. It is naturally to be expected, that the allurements of an advanced price or stock, and of large dividends, may discline those who are interested, to an extension of capital; from which they will be apt to fear a diminution of profits. And from this circumstance, the interest and accommodation of the public (as well individually as collectively) are made more subordinate to the interest, real or imagined, of the stockholders, than they ought to be. It is true, that unless the latter be consulted, there can be no bank (in the sense at least in which institutions of this kind, worthy of confidence, can be established in this country.) But it does not follow, that this is alone to be consulted, or that it even ought to be paramount. Public utility is more truly the object of public banks, than private profit. And it is the business of government, to constitute them on such principles, that while the latter will result, in a sufficient degree, to afford competent motives to engage in them, the former be not made subservient to it. To effect this, a principle object of attention, ought to be to give free scope to the creation of an ample capital; and with this view, fixing the bounds, which are deemed safe and convenient, to leave no dis-
cretion either to stop short of them or to overpass them. The want of this precaution, in the establishment of the bank of North-America, is a further and an important reason for desiring one differently constituted.
There may be room at first sight for a supposition, that as the profits of a bank will bear a proportion to the extent of its operations, and as, for this reason, the interest of the stockholders will not be disadvantageously affected by any necessary augmentations of capital, there is no cause to apprehend that they will be indisposed to such augmentations. But most men in matters of this nature, prefer the certainties they enjoy, to probabilities depending on untried experiments; especially when these promise rather, that they will not be injured, than that they will be benefited.
From the influence of this principle, and a desire of enhancing its profits, the directors of a bank will be more apt to overstrain its faculties, in an attempt to face the additional demands, which the course of business may create, than to set on foot new subscriptions, which may hazard a diminution of the profits, and even a temporary reduction of the price of stock.
(To be continued.)
AMERICAN CLOTHS.
SUPERFINE and ELASTICS, CONGRESS BROWN, LONDON SMOKE, LEAD DRAB, BLUE and OTHER fashionable Colours,
Manufactured at Hartford, (State of Connecticut,) just received, and are now offered for Sale, at the
CHEAP STORE, No. 38,
North Third Street,
At which Store are also opening a large and general assortment of EUROPEAN and INDIA GOODS.
CLOTHS, Linens, Cambrics, Painted, sprigged, tamboured book, and jaconet Muslins, Chintzes, Cottons and Calicoes, Silks, ELEGANT Vest Patterns—adapted to the season, Silk, Cotton, and Worsted Hose, Corduroys, Velveteens, and Royal Ribs, Best Buck, Beaver, and White Kidd Gloves,
A Variety of STUFFS.
And many other Articles, too numerous to insert in an Advertisement; all of which are now selling by Wholesale and Retail, on low terms, as to make them an object to the purchasers.
N. B. A few Barrels of MACKAREL, and Nova-Scotia HERRINGS. Philadelphia, Jan. 12, 1791.
New Line of Stages.
THE Subscriber has established a line of STAGES from Hartford to Boston, by way of Norwich and Providence, which will run thro' twice a week during the Winter Season, and three times a week during the Summer Season.
Good Carriages, Horses, and careful Drivers are provided. Passengers pay three Pence per Mile, and are allowed 14 pound Baggage each. Extra Baggage pays at the rate of three Pence per Mile for every 150 wt. As the Mail is to go in these Stages for the year 1791, fixed hours for starting from the respective Stage Houses is absolutely necessary—from which there can be no deviation. Norwich, Dec. 14, 1790.
The Stage for the Eastward leaves Hartford—Mondays and Thursdays, Norwich—Tuesdays and Fridays, Providence—Wednesdays and Saturdays, For the Westward, leaves Boston—Mondays and Thursdays, Providence—Tuesdays and Fridays, Norwich—Wednesdays and Saturdays. 69—1w3m JESSE BROWN.
MASSACHUSETTS STATE LOTTERY.
THE Managers of the STATE LOTTERY, present the Public with the First Class of the Massachusetts semi-annual State Lottery, which will commence drawing in the Representatives' Chamber, in Boston, on the Seventeenth of March next, or sooner, if the Tickets shall be disposed of.
SCHEME.
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.
Table with 3 columns: Prizes, Dollars, Dollars. It lists various prize amounts and their corresponding dollar values, totaling 125,000 dollars across 8388 prizes and 16612 blanks.
TICKETS may be had of the several Managers, who will pay the Prizes on demand—of the TREASURER of the Common wealth—of JAMES WHITE, at his Book-Store, Franklin's-Head Court-Street, and at other places as usual.
Managers: BENJAMIN AUSTIN, jun., DAVID COBB, SAMUEL COOPER, GEORGE R. MINOT, JOHN KNEELAND.
Boston, July 28, 1790.
Tickets in the above Lottery are to be sold by Stephen Austin, corner of Front and Pine Streets, Philadelphia.
PLEASE TO NOTICE.
FOR the accommodation of those who would wish to become Adventurers in the First Class of the MASSACHUSETTS SEMI-ANNUAL STATE LOTTERY, letters, post paid, directed to SAMUEL COOPER, at his Office, North side State-House, Boston, enclosing Philadelphia, New-York or Boston Bank-Bills, or other good Bills, will be particularly attended to, and Tickets forwarded immediately upon the receipt of such letters.
Boston, Dec. 22, 1790.
Large table of market prices for various goods including Anchors, Allum, Apples, Brandy, Bread, Beer, Boards, Beef, Butter, Cedar, Chocolate, Coal, Coffee, Cinnamon, Cassia, Cheese, Candles, Cotton, Currants, Cloves, Copperas, Cordage, Cocoa, Duck, Flour, Flax, Fustic, Feathers, Flaxseed, Glue, Ginger, Ginseng, Gunpowder, Gin, Do., Grain, Hams, Hemp, Hoghead hoops, Herring, Hides, Hops, Indigo, Irons, Castings, Bar, Pig, Sheet, Nail rods, Junk, Lard, Lead in pigs, Lead, white, red, Leather, Lignum vitae, Logwood, Meal, Indian, Malt spars, Mahogany, Nutmegs, Nails, Linseed, Train, Spermaceti, Whale, Olive, Oak timber, Porter in casks, London. Columns include item name, quantity, and price.
COURSE OF EXCHANGE. Bills of Exchange, London, 90 days, 70. Ditto 60 days 72. Ditto 30 days 74. Amsterdam, 60 days, 3. 30 days 3 1/2. France, 60 days, 75 1/2. 30 days 75 3/4.
EBENEZER HAZARD and JONAS ADDOMS have entered into partnership, and opened an OFFICE, at No. 173, in Market-Street, a few doors above Fourth-Street, where, under the Firm of HAZARD and ADDOMS, They purchase and sell all kinds of CERTIFICATES—PAPER MONEY, and BANK STOCK. N. B. Transfers made at the Public Offices, and Business in general transacted on Commission. December 29.