National gazette. (Philadelphia [Pa.]), 1791-12-15 00:00:00

National Gazette.
By PHILIP FRENEAU.
Vol. I.
THURSDAY, DECEMBER 15, 1791.
NUMB. 14.
On the PLEASURES of IGNORANCE, [Translated from a late French Author.]
IF we consider things aright, we shall find that ignorance is an inexhaustible source of pleasure. Let us not, however, consider ignorance and error as one and the same thing, as almost all moralists have done. Ignorance is the offspring of nature, and most frequently a blessing to man. Error, on the contrary, is too often the concomitant of our vain sciences, and is always attended with misfortune.
To this the politicians of the present day, who are so fond of descending on the enlightened age we live in, when contrasted with the barbarous ones that have preceded, would reply, What! was it not ignorance that so lately carried fire and sword through Europe, and shed the blood of its inhabitants for the sake of religious disputes and difference of opinion in such matters?—I answer, No—Ignorance lay inactive all this time. It was error that gave birth to all these enormities—the errors of people who were sure they were in the right, and boasted of their superior light then , with the same arrogance that we do at this day, and the prejudices of whose education had taught them that lesson so familiar to Europeans, that nature has made them the first people on the face of the globe.
How many evils might ignorance have concealed from us, which every man must encounter in his passage thro' life, without the possibility of avoiding them; such as the infidelity of friends, the vicissitudes of fortune, slander, and the hour of death; the prospect of which is terrible to the boldest of men. The knowledge of these evils alone abates our relish for life, and more or less embitters every enjoyment.—How are the real blessings of life heightened, also, by ignorance. The illusions of love and friendship, the cheering prospects of hope, and even the gratifications that the sciences promise to the enquiring mind, all take their colouring from ignorance. The sciences are only charming when we enter upon the study of them, and when the mind is full of ignorance; as the twilight of day, or that part of it wherein light and darkness are equally mingled is, least fatiguing to the eye, and excites our greatest admiration, after we have been satisfied with the full glare of day. But it exists only for a moment, and is dissipated together with our ignorance.—Young people in general are much pleased with studying the elements of geometry, but old men never; a very few excepted, who by dint of superior genius have been able to make a series of new discoveries.
For one pleasure that knowledge gives us, and which is destroyed in the gift, ignorance presents us with a thousand, which are much more flattering to the mind. You demonstrate to me that the sun is an immovable globe of fire, whose attraction joined to the centrifugal power inherent in the planets, produces their circular motion around him. Is not the idea of those persons equally sublime, who suppose the sun to be nothing more than a chariot of fire conducted by Apollo? They are at least gratified with the idea that they are in the immediate view of a Deity, who travels daily round the earth encircled by rays of fire.—Science has driven Diana out of her nocturnal chariot—She has banished the Hamadryads from their ancient forests, and chased the woodland nymphs from the fountains. Ignorance called in the gods to partake of her joys, her sorrows, her marriage-beds and her tombs. Science sees nothing in nature but elements. She has left man to the mercy of man, and has placed him upon the earth, as in a desert.
It is to our ignorance that the Deity has communicated the most profound
of his attributes, and the most stupendous of his works. The night gives us a more enlarged idea of infinity than the day. In the day time we see only one sun; whereas, in the night we see thousands. He has left us in ignorance whether these stars be suns or not, or whether the planets in our vicinity are really stocked with inhabitants and are the abodes of intellectual life, and it is from analogy only that we derive the idea. The planet Cybele, * discovered in our days by the German Herschell, has run its career at the extremity of our system ever since its creation, without our progenitors having the least knowledge of it.—From whence come these prodigious comets, which traverse such immense spaces of the universe—What is this milky way which seems to form a line of division in the heavens—What are those two black clouds which remain fixed near the Antartic pole, adjacent to the constellation of the crozier?—Is it true that there are stars which generate darkness, as was the belief of the ancients.—Are there spaces in the universe to which light never yet came?—In the day time, the sun discovers to my view, apparently, a terrestrial infinity; and in the night a celestial infinity.—Ignorance has covered all these enquiries with the mantle of mystery, and may science never unveil them to the human view.
* Called by the English, Georgium Sidus (George's Star) after the name of their king.
[The following is translated from the same French Author.—written soon after the close of the American war.]
"IT appears to me that some happy Revolution will soon take place in France. But let it come when it will, it will be indebted to learning for its progress. Science, indeed, is by no means lucrative to her votaries in France; and yet she maintains an imperceptible dominion over the government itself.—Her influence, in some shape or other extends over the whole globe. The maxims of Confucius are the support of the various governments of Asia; and in Europe it was the poetry of Odesseus that first reduced men from a barbarous to a civilized state. The genius of Homer gave rise both to religion and legislation in Greece. It was this that animated Alexander, and led him to the conquest of Asia. Science, too, had a wonderful influence upon the ancient Romans, who were proud of recurring to the intellectual treasures of antiquity as a foundation for their legislative policy.
In after times, this same light of knowledge illumined the forests of Gaul and Germany. The savages that inhabited them would have been happy had they been free; but it was their fate in common with the rest of mankind to be governed by arbitrary tyrants; and it was the policy of these tyrants to keep their subjects in a state of civil and religious barbarism, by holding up phantoms to their view; and terrific images of the world to come, which became the more dreadful as the natural objects of human hope became those of terror and dismay.
To open the eyes of mankind, in some degree, at this sad period, arose two men of letters, Rabelais and Michael Cervantes, one in France and the other in Spain, whose united efforts, tho' in a different way, gave a blow, the one to the power of the Monks, which it has never since recovered; and the other, to the spirit of Chivalry, which was at that time carried to a ridiculous and dangerous excess.
To overthrow these two colossuses of human folly, they used no other weapons than those of ridicule , which is the natural contrast to fear in man. Upon the publication of these two books, men fell a laughing like children, and suffer-
ed themselves to be reformed—Telemaachus next appeared, and this book induced men to begin to reflect on the natural harmony and order of things in the world. A grand revolution in politics was the consequence. Both sovereigns and subjects now betook themselves to encouraging and practising the useful arts, commerce, agriculture, and, above all, cultivating rational opinions in regard to the deity. This immortal work comprehends in itself the fine imagination of Homer and the wisdom of the political and religious maxims of Confucius, the Chinese philosopher. It was instantly translated into all the languages of Europe. It was not only in France that it was admired—there were many other provinces and parts of Europe where it was then and has ever since been one of the first books put into the hands of children. When the English army entered the province of Cambrai, with the allied army, the officers used every argument with Monsieur Fenelon, the author, (who lived there in a sort of banishment, remote from the court) to honour their camp with his presence, and partake of a military feast. But his modesty would not suffer him to comply with their request; and he kept himself concealed for fear of further importunity. I will add one circumstance, which is greatly to the honour of this prelate. He was the only man living of whom Louis the 14th was jealous.—He had reason to be so for whilst he was making himself feared and admired by his armies, his victories, his court entertainments, his fleets, and the splendour of his designs, Fenelon enjoyed all that the other wanted: and was adored by mankind only for having written a book!
FRANCE, Sept. 15.—25. [Translations from the Leyden Gazette and other French Papers.]
IT has been observable from the tenor of the proceedings of the national assembly, that they have uniformly pursued with the most scrupulous rigor that system which appertains to titles, decorations and what ever else relates to the old French chivalry; and which Montequieu regarded as the great incentive to honor in monarchies, but which the new legislators have thrown behind the curtain in favor of their scheme for constitutional equality.—If this principle should succeed, so as to become general in Europe, the probable effect will be, that the more useful virtues will take place of the brilliant and the splendid—we shall, in our new transformation, shake off the gaudy wings of the butterfly, but shall assume others of a more homely though stronger texture, for the advancement of the general happiness of man, and exalting the dignity of the species to heights hitherto unknown.
An opulent native of France was on his travels through Greece last July, when he heard the news of the death of the celebrated Mirabeau , by a Maltese Tartane. The indisposition of one of his companions had induced him to make some stay in the ancient city of Athens (now called Setines ) where they had for some time employed themselves in visiting the Pireum, and making observations upon the remains of antiquity thereabouts. The tower of Demosthenes, which is yet standing, and affords shelter in the lower story to a brotherhood of Capuchin friars, gave them the idea of erecting upon this immortal classic ground a monument of the same kind to the memory of Mirabeau. Having gathered up some broken pieces from the ruins of the temple of Jupiter Olympus, they raised a sort of mutilated pillar, several feet in height, on the top of which they placed a large cockade with these words inscribed thereon— To the memory of Mi-
rabéau, the Demosthenes of France. Mr. Melcombe, one of his fellow travellers, added below, Beni soit l'homme qui respectera ces pierres.
The national assembly have vouchsafed to recommend to mothers and to wives the inculcating the new constitutional principles upon the minds of their children. But let us look into this matter: Have they made a single law which permits the female part of the community to act or think like free agents? The children they bring into the world they, by law, have no property in. The husband, if he is a spendthrift, may even sell his wife, if he pleases, for any thing the national assembly has done to prevent him. The man, in fact, is sole possessor of the goods of the family; he can do almost whatever he pleases; and although there is an end to despotic power in the person of the king, it is not yet abolished in respect to the power of the husband over the wife, but is left like the toothings on a rough wall, to disgrace the beauty of an edifice, in all other respects highly finished and beautiful to the eye.
In the present momentary slumber of the arts a public spirited company of artists have roused from the general lethargy, and are preparing a work which will remain a lasting monument of the national genius of France. Eighteen capital sculptors have united their abilities to erect this great work, a model of which may be seen at the Feuillans . This monument will be in the figure of a column and may be called truly triumphal, since the story of all the different victories of liberty over tyrants and tyranny at different periods of time are to be represented upon nine reliefs, which will separate the column into as many horizontal zones. The statue of Liberty is to appear on the summit. Allegorical figures, in relief, relating to the French constitution will decorate the base, with the statutes of the four philosophers who may be considered as the authors of the liberties of France.—The column is to be two hundred and sixty six feet high.
The National Assembly, being desirous of establishing a uniformity of weights and measures in the kingdom of France, have ordered the Academy of Sciences to make the necessary preparations for this purpose. In consequence of this order, the commissioners appointed by the Academy are proceeding as expeditiously as possible to accomplish this great object. Their operations, however, will be attended with considerable expence; some having estimated it in gross, at several millions. But the commissioners' estimate is only 300,000 livres (£. 22,500 Pennsylvania currency). The length of time necessary for completing the operations has likewise been much exaggerated—but the Commissioners have given it as their opinion, that two years will be sufficient. Great numbers of labourers are already engaged, and numbers of people are soon to set out on long journeys in consequence of the nature of the design; which is, in the first place, to measure a quadrant of the meridian between Dunkirk and Barcelona, and from thence deduce such observations and experiments as will tend to establish a determinate, invariable unit or first simple standard of measure.
It is commonly said that money is the sinews of war. War is much talked of by several European nations, but let us consider a moment whether they possess the means of re-commencing any wars very speedily.—As to Russia, she is over head and ears in debt, without credit, and her paper selling at a loss of 26 per cent. The King of Sweden is in a situation not much better. In his last war with Russia, it is well known that his kingdom, at best thinly peopled, sacrificed at least one hundred thousand men.

PHILADELPHIA. DECEMBER 15.
CONGRESS.
HOUSE OF REPRESENTATIVES.
MONDAY, Dec. 12.
A report was read from the Secretary of the Treasury on the memorial of George Webb.
Petitions of sundry inhabitants of Northumberland county, in Pennsylvania, were read, praying a repeal of that part of the excise act that respects the duty on spirits distilled from the produce of the United States—Referred to the Secretary of the Treasury.
A petition of Thomas Smith was read, praying settlement of a claim against the United States for services during the war—Referred to the Secretary at war.
A petition of Gilbert Denech was read, praying reimbursement of monies paid by him during the war, for transporting military stores on account of the United States—Referred to the Secretary of the Treasury.
A petition of Charles Hately, of S. Carolina, was read, praying an exclusive prior right of patent in a machine of his invention for cleaning rice—Referred to the Secretary of State.
A message was received from the President of the United States, by Mr. Lear, his Secretary, relative to the Western Expedition against the hostile Indians, under Gen. St. Clair.
The papers referred to in the message were read, and ordered to lie on the table.
The house then proceeded to consider the amendments proposed by the Senate to the bill for apportioning the representation of the people of the United States according to the first enumeration.
Some progress being made in considering the amendments, the house adjourned before any question was taken thereon.
TUESDAY, Dec. 13.
Petitions of Obadiah Gore, administrator of the estate of Lieut. Timothy Pierce, deceased, and of William Wirtz, praying compensation for services performed, were read and referred to the Secretary at War.
A petition of John Frederick Amelung, proprietor of the glass manufactory at New-Bremen, in the state of Maryland, was presented to the house and read, praying the patronage of Congress to his undertaking, and that government will assist him with a loan of money, or other means to further the same.
A memorial of James Wilson and others, in behalf of the land companies of the Illinois and Oubache, was presented to the house and read, praying to be permitted to exhibit the titles of the companies to certain western lands, heretofore purchased by the said companies under the sanction of lawful authority; and also to make certain proposals for a reasonable compromise between them and the United States.
The said memorial was referred to Messrs. Livermore, Fitzsimons & Clarke. A message in writing was received from the President of the United States, by Mr. Lear, his Secretary, as follows:
United States, Dec. 13, 1791.
Gentlemen of the Senate, and of the House of Representatives.
I PLACE before you the plan of a City that has been laid out within the district of ten miles square, which was fixed upon for the permanent seat of the government of the United States.
G. WASHINGTON.
A message from the Senate was delivered by Mr. Secretary Otis, giving information, that they had passed (with certain amendments) a bill, sent to them from the house, "for the relief of D. Cooke and T. Campbell," and requesting the concurrence of the house in the said amendments.
The house then resolved itself into a committee of the whole, and proceeded to the consideration of the amendments proposed by the Senate to the representation bill; and after some debate, disagreed to the first, by which it was proposed to alter the ratio of representation—and agreed to the other, which is merely a verbal alteration.
The committee having risen, and made their report, the house adjourned.
No one can be ignorant of the enormous debts of England. The principal treasures of that country flow in from the East-Indies, where Tippoo Saib, it is thought, will finally prove too mighty for them. Should this second Alexander the great succeed in his splendid design of driving the British out of India, the East-India company will become bankrupt. It can be proved that a three years maritime war would drain the Treasury of London to the last farthing; and if a revolutionary spirit should seize the people, universal confusion would be the issue in that Island. The finances of Holland are in but a poor condition. The main sources, that formerly rendered this republic so flourishing, are now dryed up; and their East-India company is in a forlorn condition. All their misfortunes arise from the failure of their revolution. In respect to Prussia, her finances are yet in tolerable good order, thanks to the economy of the late King; but his maxims and prudent rules of government are too much neglected by his successor. There are in his treasury about 90 millions of rix dollars, out of which the present state of his affairs will oblige him to expend eighteen millions in less than two years to come; and one more year of war would prodigiously reduce the capital.—The House of Austria must exert the strictest economy to put its finances in any thing of a respectable situation, the war with the Turks and intestine revolutions having a good deal exhausted their treasury. They have re-conquered the Belgic provinces, it is true; but the vast military force they are obliged to keep up in those provinces, consumes, not only the three millions annual tax paid by them, but also a great deal more in addition thereto. The purses of most of the German Princes are empty—Each individual among them counts too much upon his rank as a great sovereign to think of economy in their expenditures—Upon the whole, a European league of powers against France may be considered as a visionary project, contrived by persons who are ignorant of the real character of the French Nation, and who would wish to compound with us for the enjoyment of certain privileges, and at the same time persuade us to interweave in our New Constitution the feeds of feudal tyranny.
LEGISLATURE OF PENNSYLVANIA.
The ADDRESS of the SENATE to THOMAS MIFFLIN, Governor of the Commonwealth of Pennsylvania.
SIR, WE are happy in the information that the measures pursued by the late general assembly have contributed to the welfare of this state; and the satisfaction arising from a consciousness of having endeavored to perform their duty, is the most grateful recompence those concerned in public affairs can receive for their labors.
Amidst the various important subjects contained in your address, we dwell with pleasure on your communications relative to roads and canals, and the consequent probability of an easy and safe communication between the most distant parts of the state, inasmuch as the undertaking of works of such extent and public utility affords an incontrovertible evidence of the wealth of the state, the patriotism of its citizens, and the efficacy of its government. To the completion of these great objects we look forward with a degree of solicitude proportioned to their influence on the public prosperity.
The consideration of the subjects recommended to the notice of the legislature in your address will engage our early attention; and we shall esteem ourselves peculiarly happy, if the result of our deliberations shall meet the approbation of our constituents, and contribute to the happiness of our country.
We cannot refrain, on this occasion, from expressing our sense of the advantages, which have been derived from the diligent and patriotic discharge of the duties of the executive; we assure you, sir, that no exertions shall be wanting on our part to enable you to discharge the constitutional functions of your important station with deliberation and dignity.
By order of the Senate, RICHARD PETERS, Speaker. Tuesday, Dec. 13, 1791.
A few Copies of the Report of the Secretary of State on the subject of the Cod and Whale Fisheries—may be had at the office, No. 239, High-street.
The following message from the President was on Monday presented by his Secretary, Mr. Lear, to both Houses of the Legislature of the United States.
United States, Dec. 12, 1791. Gentlemen of the Senate and House of Representatives:
IT is with great concern that I communicate to you the information received from Major-General St. Clair, of the misfortune that has befallen the troops under his command.
Although the national loss is considerable, according to the scale of the event, yet it may be repaired without great difficulty, excepting as to the brave men who have fallen on the occasion, and who are a subject of public as well as private regret.
A further communication will shortly be made of all such matters as shall be necessary to enable the Legislature to judge of the future measures which it may be proper to pursue.
GEORGE WASHINGTON.
Fort-Washington, October 6, 1791.
SIR, I HAVE now the satisfaction to inform you that the army moved from fort Hamilton, the name I have given to the fort on the Miami, on the 4th at eight in the morning, under the command of General Butler. The order of march and encampment I had regulated before, and on the third returned to this place to get up the militia. They marched yesterday, and consist of but about three hundred men, as you will see by the enclosed abstract of the muster. I have reason to believe, however, that at least an equal number will be up here by the 10th, and I have left orders for their following us. The monthly return should have accompanied this letter, but it was not ready when I left camp, and has not been forwarded since. I have hitherto found it impossible to reduce the officers commanding corps to punctuality with respect to their returns, but they are mending. Our numbers, after deducting the garrisons of this place and fort Hamilton, are about two thousand, exclusive of the militia. I trust I shall find them sufficient; and should the rest of the militia come on, it will make the matter pretty certain. But the season is now so far advanced, that I fear the intermediate posts, which would indeed have been highly necessary, it will be impossible to establish: in that, however, I must be governed by circumstances, of which I will take care that you shall be apprized in due time. Should the enemy come to meet us, which seems to be expected, and be discomfited, there will be no difficulties; but if they expect us at the Miami villages, the business will wear another face, and the intermediate posts become more essential. I am this moment setting out for the army, which I hope to overtake to-morrow evening, and will write to you as soon after as may be. With great regard and respect, I have the honor to be, Sir, your very humble servant, ARTHUR ST. CLAIR.
The Honorable Major-General KNOX, Secretary of War.
Camp, 31 miles advanced of fort Washington, Nov. 1, 1791.
SIR, SINCE I had the honor to write to you on the 21st instant, nothing very material has happened, and indeed I am so unwell (and have been so for some time past) that I could ill detail it, if it had happened,—not that that space of time has been entirely barren of incidents; but as few of them have been of the agreeable kind, I beg you to accept a sort of journal account of them, which will be the easiest for me.
On the 22d, the indisposition that had hung about me for some time, sometimes appearing as a bilious cholic, and sometimes as a rheumatic asthma, to my great satisfaction changed to a gout in the left arm and hand, leaving the breath and stomach perfectly relieved, and the cough which had been excessive, entirely gone. This day Mr. Ellis, with sixty militia from Kentucky, joined the army, and brought up a quantity of flour and beef. 23d, Two men, taken in the act of deserting to the enemy, and one for shooting another soldier and threatening to kill an officer, were hanged upon the grand parade, the whole army being drawn out. Since the army have halted, the country round this and a head for fifteen miles has been well examined: It is a country, which had we arrived a month sooner in it, and with three times the number of animals, they would have been all fat now. 24th, Named the fort Jefferson (it lies in lat. 40. 4. 22. N.) and marched, the same Indian path serving to conduct us about six miles, and encamped on good ground and an excellent position—a rivulet in front, and a very large prairie, which would at the proper season afford forage for a thousand horses, on the left. So ill this day that I had much difficulty in keeping with the army. 25th, Very hard rains last night—obliged to halt to-day on account of provision; for though the soldiers may be kept pretty easily in camp under the expectation of provisions arriving, they cannot bear to march in advance and take none along with them. Received a letter from Mr. Hodgson by express; 13000 wt. flour will arrive on the 27th. 26th, A party of militia sent to reconnoitre, fell in with five Indians, and suffered them to slip through their fingers: in their camp, articles to the value of twenty-two dollars were found and divided. The Virginia battallion is melting down very fast; notwithstanding the promises of the men to the officers, thirteen have been discharged by colonel Darke to-day. 27th, Gave orders for enlisting the levies, with the condition of serving out their time in their present corps. Pyamingo arrived in the camp with his warriors: I was so unwell, could only see him and bid him welcome, but entered on no business. Considerable dissatisfaction among the levies about their enlistments. 28th, Some clothing sent for to fort Washington for the recruits arrived, was begun to be distributed, and will have a good effect; but the enlisting the levies does not meet with the encouragement that might have been expected: it is not openly complained of by the officers, but it is certainly privately by some of high rank, and the measure of tempting them with warm clothing condemned. Mr. Hodgson writes me that he is sending forward a quantity of woolen overalls and flocks by General Butler's orders: I have ordered them to be deposited at fort Jefferson. Some few Indians about us, probably those the militia fell in with a day or two ago. Two of the levies were fired upon about three miles off, one killed: two of the militia likewise, one of them got in, and the other missing, supposed to be taken. 29th, Pyamingo and his people, accompanied by captain Sparks and four good riflemen, gone on a scout; they do not propose to return under ten days, unless they sooner succeed in taking prisoners and scalps. 30th, The army moved about nine o'clock, and with much difficulty made seven miles, having left a considerable part of the team by the way; the provision made by the quartermaster for that purpose was not adequate—thirteen days flour issued to the men to aid the horses that carried it to his arrangements; the Indian road still with us—the course this day N. 25. W. 31st, This morning about sixty of the militia deserted—it was at first reported that half of them had gone off, and that their design was to plunder the convoys which were upon the road—detached the first regiment in pursuit of them, with orders to major Hamtramck to lead a sufficient guard back with Benham whenever he met with him, and follow them about twenty-five miles below fort Jefferson, or until he met the second convoy, and then return and join the army. Benham arrived last night, and to-day Nov. 1st, the army is halted to give the road-cutters an opportunity of getting some distance ahead, and that I might write to you—I am this day considerably recovered, and hope that it will turn out what I at first expected it would be, a friendly fit off the gout come to relieve me from every other complaint. Yesterday I was favored with yours of the 28th and 29th September, I have enclosed my communications with the old and new contractors, and their answers—My orders for the posts to them are not yet definite, but they will be very soon, in the mean time I expect they are both at work. With great respect I have the honor to be, Sir, your most obedient servant, ARTHUR ST. CLAIR.
orders for enlisting the levies, with the condition of serving out their time in their present corps. Pyamingo arrived in the camp with his warriors: I was so unwell, could only see him and bid him welcome, but entered on no business. Considerable dissatisfaction among the levies about their enlistments. 28th, Some clothing sent for to fort Washington for the recruits arrived, was begun to be distributed, and will have a good effect; but the enlisting the levies does not meet with the encouragement that might have been expected: it is not openly complained of by the officers, but it is certainly privately by some of high rank, and the measure of tempting them with warm clothing condemned. Mr. Hodgson writes me that he is sending forward a quantity of woolen overalls and flocks by General Butler's orders: I have ordered them to be deposited at fort Jefferson. Some few Indians about us, probably those the militia fell in with a day or two ago. Two of the levies were fired upon about three miles off, one killed: two of the militia likewise, one of them got in, and the other missing, supposed to be taken. 29th, Pyamingo and his people, accompanied by captain Sparks and four good riflemen, gone on a scout; they do not propose to return under ten days, unless they sooner succeed in taking prisoners and scalps. 30th, The army moved about nine o'clock, and with much difficulty made seven miles, having left a considerable part of the team by the way; the provision made by the quartermaster for that purpose was not adequate—thirteen days flour issued to the men to aid the horses that carried it to his arrangements; the Indian road still with us—the course this day N. 25. W. 31st, This morning about sixty of the militia deserted—it was at first reported that half of them had gone off, and that their design was to plunder the convoys which were upon the road—detached the first regiment in pursuit of them, with orders to major Hamtramck to lead a sufficient guard back with Benham whenever he met with him, and follow them about twenty-five miles below fort Jefferson, or until he met the second convoy, and then return and join the army. Benham arrived last night, and to-day Nov. 1st, the army is halted to give the road-cutters an opportunity of getting some distance ahead, and that I might write to you—I am this day considerably recovered, and hope that it will turn out what I at first expected it would be, a friendly fit off the gout come to relieve me from every other complaint.
Yesterday I was favored with yours of the 28th and 29th September, I have enclosed my communications with the old and new contractors, and their answers—My orders for the posts to them are not yet definite, but they will be very soon, in the mean time I expect they are both at work. With great respect I have the honor to be, Sir, your most obedient servant, ARTHUR ST. CLAIR.
The Honorable Major-General KNOX, Secretary of War.
Fort Washington, Nov. 9, 1791.
SIR, YESTERDAY afternoon the remains of the army under my command got back to this place, and I have now the painful task to give you an account of as warm and unfortunate an action as almost any that has been fought, in which every corps was engaged and worsted, except the first regiment—that had been detached upon a service I had the honor to inform you of in my last dispatch, and had not joined me. On the third instant the army had reached a creek about twelve yards wide, running to the southward of west, which I believe to have been the river St. Mary, that empties itself into the Miami of the lake; arrived at the Miami village, about 4 o'clock in the afternoon, having marched near 9 miles, and were immediately encamped upon a very commanding piece of ground in two lines, having the above mentioned creek in front. The right wing composed of Butler's, Clark's and Patterson's battalions, commanded by major-general Butler, formed the first line, and the left wing consisting of Bedinger's and Gaitner's battalions, and the second regiment commanded by lieutenant-colonel Darke, formed the second line, with an interval between them of about seventy yards, which was all the ground would allow. The right flank was pretty well secured by the creek, a steep bank and Faulkner's corps; some of the cavalry and their piquets covered the left flank. The militia were thrown over the creek, and advanced about one quarter of a mile and encamped in the same order. There were a few Indians who appeared on the opposite side of the creek, but fled with the utmost precipitation on the advance of the militia. At this place, which I judged to be about fifteen miles from the Miami village, I had determined to throw up a slight work, the plan of which was concerted that evening with major Ferguson, wherein to have deposited the men's knapsacks, and every thing else that was not of absolute necessity, and to have moved on to attack the enemy as soon as the first regiment was come up; but they did not permit me to execute either—for on the 4th, about half an hour before sunrise, and when the men had been just dismissed from the parade (for it was a constant practice to have them all under arms a considerable time before day-light) an attack was made upon the militia—those gave way in a very little time, and rushed into camp through major Butler's battalion, which, together with part of Clarke's, they threw into considerable disorder, and which, notwithstanding the exertions of both those officers, was never altogether remedied, the Indians following close at their heels. The fire, however, of the first line

checked them, but almost instantly a very heavy attack began upon that line, and in a few minutes it was extended to the second likewise—the great weight of it was directed against the centre of each, where the artillery was placed, and from which the men were repeatedly driven with great slaughter. Finding no great effect from our fire, and confusion beginning to spread from the great number of men who were falling in all quarters it became necessary to try what could be done by the bayonet. Lieutenant Colonel Dark was accordingly ordered to make a charge with part of the second line, and to turn the left flank of the enemy—this was executed with great spirit—the Indians instantly gave way, and were driven back three or four hundred yards; but for want of a sufficient number of riflemen to pursue this advantage, they soon returned, and the troops were obliged to give back in their turn. At this moment they had entered our camp by the left flank, having pushed back the troops that were posted there. Another charge was made here by the second regiment, Butler's and Clarke's battalions, with equal effect, and, it was repeated several times, and always with success; in all of them many men were lost, and particularly the officers, which with so raw troops, was a loss altogether irreparable. In that just spoke of, made by the second regiment, and Butler's battalion major Butler was dangerously wounded, and every officer of the 2nd regiment fell, except three, one of whom, Mr. Greason, was shot thro' the body. Our artillery being now silenced, and all the officers killed, except Capt. Ford, who was very badly wounded, and more than half of the army fallen, being cut off from the road, it became necessary to attempt the regaining it, and to make a retreat, if possible. To this purpose the remains of the army were formed, as well as circumstances would admit, towards the right of the encampment, from which by the way of the end line, another charge was made upon the enemy, as if with the design to turn their right flank, but, in fact to gain the road. This was effected, and, as soon as it was open, the militia took along it, followed by the troops, major Clarke, with his battalion, covering the rear. The retreat, in these circumstances, was, you may be sure, a very precipitate one—it was, in fact, a flight—The camp and the artillery were abandoned: but that was unavoidable, for not an horse was left alive, to have drawn it off, had it otherwise been practicable. But the most disgraceful part of the business is, that the greater part of the men threw away their arms and accoutrements, even after the pursuit, (which continued about four miles) had ceased. I found the road strewed with them for many miles, but was not able to remedy it; for having had all my horses killed, and being mounted upon one that could not be pricked out of a walk, I could not get forward myself; and the orders I sent forward, either to halt the front, or to prevent the men from parting with their arms, were unattended to.
The route continued quite to Fort Jefferson, twenty-nine miles, which was reached a little after sun-setting. The action began about half an hour before sun-rise, and the retreat was attempted at half an hour after nine o'clock. I have not yet been able to get returns of the killed and wounded: but major-general Butler, lieutenant-colonel Oldham of the militia; major Ferguson, major Heart, and major Clarke, are among the former. Colonel Sargent, my adjutant-general, lieutenant-colonel Dark, lieutenant-colonel Gibson, major Butler, and the Viscount Malartic, who served me as an aid-de-camp, are among the latter, and a great number of captains and subalterns in both. I have now, Sir, finished my melancholy tale—a tale, that will be felt sensibly by every one that has sympathy for private distress, or for public misfortune. I have nothing, Sir, to lay to the charge of the troops but their want of discipline, which, from the short time they had been in service, it was impossible they should have acquired, and which rendered it very difficult, when they were thrown into confusion, to reduce them again to order, and is one reason why the loss has fallen so heavy upon the officers, who did every thing in their power to effect it; neither were my own exertions wanting, but worn down with illness, and suffering under a painful disease; unable either to mount, or dismount an horse, without assistance; they were not so great as they otherwise would, and perhaps, ought to have been. We were overpowered by numbers; but it is no more than justice to observe, that though composed of so many different species of troops, the utmost harmony prevailed thro' the whole army during the campaign.
At Fort Jefferson, I found the first regiment, which had returned from the service they had been sent upon without either overtaking the deserters or meeting the convoys of provision. I am not certain, Sir, whether I ought to consider the absence of this regiment from the field of action as fortunate, or otherwise—I incline to think it was fortunate; for I very much doubt whether had it been in the action, the fortune of the day had been turned: and if it had not, the triumph of the enemy would have been more complete, and the country would have been delicate at every means of defence. Taking a view of the situation of our broken troops at Fort Jefferson, and that there was no provision in the Fort, I called upon the field officers, viz. Lieutenant Colonel Dark, Major Hamtramck, Major Zeigler, and Major Gaither, together with the Adjutant-General for their advice, what would be proper further to bedone, and it was their unanimous opinion, that the addition of the 1st regiment, unbroken as it was, did not put the army on so respectable a footing as it was in the morning, because a great part of it was now unarmed—that it had been then found unequal to the enemy; and should they come on, which was probable, would
be found so again—That the troops could not be thrown into the Fort, both because it was so small and that there were no provisions in it—That provisions were known to be upon the road at the distance of one, or at most two marches,—That therefore it would be proper to move, without loss of time to meet the provisions, when the men might have the sooner an opportunity of some refreshment, and that a proper detachment might be sent back with it to have it safely deposited in the Fort. This advice was accepted, and the army put in motion again at 10 o'clock and marched all night, and the succeeding day met with a quantity of flour; part of it was distributed immediately; part taken back to supply the army on the march to Fort Hamilton, and the remainder, about fifty horse loads, sent forward to Fort Jefferson; the next day a drove of cattle was met with for the same place, and I have information that both got in: The wounded who had been left at that place, were ordered to be brought here by the return horses.
I have said, Sir, in a former part of this letter, that we were overpowered by numbers: of that, however, I have no other evidence but the weight of the fire, which was always a most deadly one and generally delivered from the ground, few of the enemy shewing themselves on foot, except when they were charged; and that in a few minutes our whole camp, which extended above three hundred and fifty yards in length, was entirely surrounded and attacked on all quarters. The loss, Sir, the public has sustained by the fall of so many officers, particularly general Butler and major Ferguson, cannot be too much regretted; but it is a circumstance that will alleviate the misfortune in some measure, that all of them fell most gallantly, doing their duty. I have had very particular obligations to many of them, as well as to the survivors, but to none more than to colonel Sargent—He has discharged the various duties of his office with zeal, with exactness and with intelligence, and on all occasions afforded me every assistance in his power, which I have also experienced from my aid-de-camp, lieutenant Denny, and the Viscount Malartic, who served with me in the station as a volunteer.
With every sentiment of respect and regard, I have the honor to be, Sir, Your most obedient servant, ARTHUR St. CLAIR.
The Honorable Major-General KNOX, Secretary of War.
P. S. Some orders that had been given to colonel Oldham over night, and which were of much consequence, were not executed; and some very material intelligence was communicated by captain Slough to general Butler, in the course of the night before the action, which was never imparted to me, nor did I hear of it until after my arrival here.
List of the killed and wounded Officers in the battle of the 4th November, 1791.
 K I L L E D.  Major-General. — Richard Butler.  Lieut.-Colonel. — Oldham, Kentucky militia.  Majors. — Ferguson, Clark, and Hart.  Captains. — Bradford, Phelon, Kirkwood, Price, Van Swearingen, Tipton, Smith, Purdy, Piant, Guthrie, Cribbs, and Newman.  Lieutenants. — Spear, Warren, Boyd, M c Math, Burgess, Kello, Read, Little, Hopper, and Lickens.  Ensigns. — Cobb, Baleb, Chace, Turner, Wilson, Brooks, Beatty, and Purdy.  Quartermasters. — Reynolds, and Ward.  Adjutant. — Anderson.  Doctor. — Grafton. 
W O U N D E D.
 Lieutenant-Colonels. — Gibson, Darke, and Sargent, adjutant-general.  Major. — Butler.  Captains. — Doyle, Truman, Ford, Buchanan, Darke, and Slough.  Lieutenants. — Greason, Davidson, De Butts, Price, Morgan, M c Cready, Lytle, & Thompson.  Ensign. — Bines.  Adjutants. — Whistler, and Crawford.  The Viscount Malartic, who acted as a volunteer aid-de-camp.  [The above List was forwarded by quartermaster Hodgdon, at Fort Walhington, to the Secretary of War.]
In several of the Eastern papers, received by Tuesday's post, appears a circumstantial account of the transactions that passed at the Sandwich Islands between the natives and the crew of the Snow ELINORA, Capt. Medcalf, of New-York, in January 1790. The substance of the whole narrative is comprized in the following paragraph.
In the latter end of January 1790, the Elinora anchored in one of the Bays of Mowhee, lat. 19. 10. 168 E. and trade was established with the natives for such produce as the Island afforded. During the stay of the Snow in this bay, the cutter was one night stolen from the stern, together with the boat keeper who was on board. It was soon after discovered that the cutter had been taken to pieces by the Islanders, and the boat keeper offered up as a sacrifice to the gods of the Island, only his thigh bones being afterwards brought on board, which Capt. Medcalf threw into the sea: and resolved upon taking exemplary vengeance the first opportunity.—Soon after, the trade, which had been interrupted for some days, recommenced. Two hundred and twelve canoes came alongside [another account says 170 or 180] filled with men, women, and children of all ages, imagining that no ill was intended them. Capt. Medcalf now saw a fair opportunity of making the natives pay severely for the death of the boat keeper. In this view he ordered all his great guns to be loaded with musket balls, grape, nails &c and to be discharged at the same instant into the canoes. This dreadful order, notwithstanding the remonstrances of several of his
officers, was obeyed, and many hundreds of people torn to pieces—The Snow soon after failed from the Island, and in six weeks after a Schooner arrived there belonging to Capt. Medcalf, the crew of which were murdered by the natives, as mentioned in one of our former papers.
Extract of a letter from Cape-François, dated November 3.
"The day before yesterday in the morning, we took the Camp of Limbe. We killed the general Jannot and took the king Jean Louis and queen, alive, as also the curate of the parish, that was at the head of the blacks. They are all in goal, and their fate will be soon determined. We have lost seven men, and forty-four wounded."
"Matters now begin to take a better turn; the blacks are starving, and so much discouraged that we hope now to see an end to this melancholy affair. On that same day we rescued 31 white women that had been for two months past chained with the blacks; they were really the picture of death when they landed."
FOR THE NATIONAL GAZETTE.
MUCH has been said in Congress on the subject of the enumeration, and to be sure if the plain and direct expressions of the constitution on this subject are to be departed from, it would be well to consider for what reason or in pursuit of what principle it is to be done—Let it be remembered that the Federal Government is founded on a solemn compact of sovereign and independent states, and in its formation is said by the convention that framed it to be, "the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable."—Let it also be remembered that this concession is manifested on the one hand by the large states in admitting an equal representation in the Senate, and on the other hand by the small states in admitting a representation in the House of Representatives according to the respective numbers of each state, provided (as a farther security to the small States) that each state should have at least one Representative. In the election of a President too, it is observable that the states respectively have a fixed degree of influence, according to the respective numbers of Senators and Representatives to which they are respectively entitled; nor is this a matter within the discretion of Congress, but must result from the operation of that ratio mentioned in the constitution which forms the principle of representation to which the states respectively and individually are entitled.—No plausible, specious, and I will add insidious pretexts of equality, will justify such a flagrant violation of the constitutional rights of states.—But in order to shew the insidious nature of such pretexts and how far equality is in truth regarded, I subjoin a statement of the three states of New-Hampshire, Massachusetts, and Connecticut, shewing their respective federal numbers, the number of members to which each of the said states is entitled according to the ratio of one for 30,000, and a quotient therefrom shewing the number of people represented by each member according to the said apportionments, and contrasting therewith a like statement for the three states of Rhode-Island, Kentucky and Georgia, from which contrast it will be seen whether equality is in truth desired, or the interest of small states regarded in the much contended for amendments to the original bill which passed the House of Representatives.
   Members. Fed. Numbers. Quotient, Shewing the number of people represented by each member according to the apportionment of one for thirty thousand.     N. Hampshire 4 141,822 (35,455)   Massachusetts 15 475,327 (31,835)   Connecticut 7 236,841 (33,834)   R. Island 2 68,447 (34,223)   Kentucky 2 68,705 (34,352)   Georgia 2 70,843 (35,421)  
According to the original bill the representation of the above states will be in the ratio of the respective quotients.—Two of the first three stand already better represented than the last three—and New-Hampshire within a very small fraction, as well represented. In order to equalize, you are to increase the representation of those best represented, whilst the others are to have no increase.—In other words, you are to produce equality by increasing the difference—and this to the prejudice of three small states, whose interest is contended for.
PLAIN TRUTH.
BALTIMORE, Dec. 9.
Captain Chalker, of the Schooner St. Margaret, arrived here from St. Augustine, but last from Havana, informs, that the British are supplying the Indians, between East and West-Florida, with arms, cloathing, and materials for war, by means of a forced trade, from New-Providence (one of the Bahama Isles) through the dominions of Spain, under the direction and management of the celebrated general Bowles, who arrived, some time since, at New-Providence, from London, with a large quantity of arms, ammunition, and cloathing, accompanied by six Indian chiefs; that the Governor of St. Augustine being made acquainted with the design of general Bowles, had dispatched three Guarda-Coastas to cruise on different parts of the coast of East-Florida, to intercept him, seize his effects, and frustrate his plan: That on the 22nd of August, Capt. Chalker, on his passage from St. Augustine to Havana, in lat. 29. 42, in 12 fathom water, on the coast of Florida, spoke Capt. La Crois, in a sloop belonging to New-Providence, who informed him, that he had landed general Bowles, and a number of passengers, at Nassau, fourteen miles to the southward of St. Mary's river.
ELIZABETH-TOWN, Dec. 7.
The directors of the "Society for establishing Useful Manufactures," will meet at New-Brunswick on Friday next, for the purpose of chusing a Governor and Lieutenant-Governor for conducting the business of said society.
The subscriptions to the Manufactory filled with such rapidity, that at the first meeting of the subscribers at Trenton to chuse Directors, there appeared to be one thousand shares subscribed for more than the plan embraced. The Yorkers are the principal Stockholders in this useful institution; and, with pleasure we mention, in the whole business have acted with the utmost liberality towards the subscribers of this state.
BERLIN, Sept. 14.
Since the arrival of a courier from London, the day fixed for the nuptials of his Royal Highness the Duke of York, is the 29th of this month, when that ceremony will take place very privately. On the 21st of October, when the marriage of the hereditary Prince of Orange with Princess Wilhelmina will be celebrated, the general rejoicings will begin, which will last fourteen days, and consist of every kind of entertainment of the most brilliant kind; the splendor of which will be much increased by the presence of the Princess of Orange, the Prince and Princess of Brunswick, the Duke of Weimar, both Dukes of Mecklenburgh, Strelitz and Schwerin, the two English Princes from Göttingen, and other persons of distinction. It is thought that the Count d'Artois and several other French gentlemen will be here at that time.
National Assembly of France, Sept. 25.
M. Duportail, the Minister at war, gave an account of the situation of the army, and the places of strength on the frontiers. The result of his detail was, that from Bergue to Belfort, all the fortified places were in an excellent state of defence. Those on the frontiers of Savoy, and towards the Pyrenees, although not equally provided for defence, were in no danger of attack. The snows covering the mountains which separate France in that quarter from the neighbouring kingdoms, render any invasion during the winter impracticable, and, in the mean time, every possible exertion was making to recruit the troops and complete the fortifications of the garrisons. Of the National Guards ordered by the Assembly for the defence of the frontiers, more than sixty battalions were already marched, or ready to march, to their respective places of destination. Several had been detained for want of pay, a difficulty which had been lately removed by the National Assembly. Partial disorders still subsisted in some of the regiments, but the soldiers in general had begun to submit themselves to strict military discipline; and the completion of the Constitution, and its acceptance by the King, would do every thing that was wanted for the restoration of order. In the course of eight months, the Constitution of the army had been totally changed.
The nomination of Colonels and Lieutenant-Colonels, in the room of those who had been removed, or who had resigned, was already completed, that of the subaltern officers was proceeding on with all possible dispatch; all the officers of artillery and engineers were appointed; and there could be no doubt but that the army would soon be in a state to resist any attack from abroad, and to be the firmest support of the Constitution and the laws at home.
To these assertions of M. Duportail, M. Bouille, one of the commissioners sent into the department of the north, added others, not less favorable to the subalterns and soldiers of a great number of regiments. This report, and the memorial of the Minister, excited great applause, and it was agreed that both should be printed.
It was represented to M. Duportail, that it was necessary that during the year no leave of absence should be granted, because all, or almost all the officers being new, it was most important that they should learn their duty, and should, besides, complete, by their presence, the re-establishment of discipline in the military corps.
The Minister observed, that on the present subject he had anticipated the wishes of the Assembly, and that he had addressed a circular letter to all the regiments of the army, announcing that leave of absence would not be granted.
LONDON, Sept. 30.
The Gazette having at length announced, with all possible brevity, his most Christian Majesty's taking the oath prescribed by the new Constitution, we may now consider official communication with the Court of France as again opened, and look to the Gazette as the authentic record of official transactions as usual.
Certain states have prohibited the introduction of French Newspapers into their dominions, with a view to prevent the dissemination of principles of liberty, as if they could stop the progress of light by prohibiting the use of spectacles.
The spirit of emigration is spreading so fast in the Highlands of Scotland, that whole districts move off together; and such is the wisdom of the proprietors of land, that the only effect produced by the loss of half their tenants, is an endeavor to double the rents of the other half.
When the news of the King's escape was heard at Rome, public rejoicings were immediately made, which for splendour and magnificence have never been equalled in that city, excepting only by those in 1572 on account of the tidings of the massacre of St. Bartholomew. The same spirit seems to have governed at both those rejoicings: In one case a city giving itself up to the most extravagant joy, and the ministers of the God of peace daring to return him thanks for the massacre of a vast number of innocent people, who were delivered up to the vengeance of tyrants and the horrors of civil war; and in the other, expressing their gratitude to heaven for the prolongation of despotism and national slavery.—The news of the King's arrest was for a long time not believed, but when it could no longer be doubted an agony of grief seized every heart, particularly the ecclesiastical tribe; who nevertheless did not despair. This party are still in hopes of some favorable event—All or nothing, is their motto; a restitution of the church lands and benefices, or everlasting warfare, temporal power to the clergy or a bloody war against the human race. The Romish nobility, apparently attached to the cause of the clergy, seem to partake of their chagrin: but in reality are scheming how to turn to their own advantage that entire revolution which it is certain Europe must soon experience.

For the NATIONAL GAZETTE. THE DRUNKARD'S APOLOGY. [Written at an Entertainment on Governor's Island, near New-York.]
Y OU blame the blushes on my nose, And yet admire the blushing rose; On Celia's cheek the bloom you prize And yet on mine that bloom despise.
The world of spirits you admire, To which all holy men aspire; Yet me with curses you requite Because in spirits I delight.
Whene'er I fall, and crack my crown, You blame me much for falling down-- Yet to some god that you adore You, too, fall prostrate on the floor.
You call me fool for drinking hard, And yet old Hudson you regard Who fills his jug from yonder bay And drinks his guts full every day.
STATE of NEW-JERSEY.
An ACT to incorporate the Contributors to the Society for establishing useful manufactures, and for the further encouragement of the said Society. [Concluded from page 52.]
Sec. 28. And be it further enacted by the authority aforesaid, That for the well ordering of the affairs of the said corporation, there shall be a Mayor, Recorder, twelve Aldermen, and twelve assistants, and town clerk, who shall be appointed by the council and general Assembly of this state, in joint meeting, and commissioned by the Governor of this state, and in the same manner as the judges and justices of the peace, and clerks of the inferior courts of common pleas and quarter sessions of the peace throughout the state are appointed and commissioned, and be in like manner amenable to the council and general Assembly; and all other officers and ministers of the said town, whose appointments are not herein otherwise provided for and prescribed, shall be chosen by the inhabitants of the said town at their annual town meetings, which shall be held at the same time that the annual town meetings in the other townships in the county shall by the law be held; that the sheriff and coroner being elected by the said inhabitants freeholders within the said town, and commissioned by the said Governor, upon a certificate of their election, signified by the Mayor or Recorder, with any three or more of the Aldermen, and being so commissioned, shall or may continue in office one year thereafter, and shall be vested with all the power and authority during said year, and entitled to all the privileges respectively within the said town, and subject to all the penalties for neglect of duty which the sheriffs and coroners in the several counties within this state are vested with, entitled or subject to, in like cases and circumstances, and shall be subject to further penalties for neglect of duty, as he or they may be subjected to by the bye-laws made and passed by the corporation of the said town, and shall give security for the due performance of their respective offices in like manner; and the assessors, collectors and overseers of the poor, so chosen as aforesaid, shall be vested with all the powers and authorities, and entitled to all the privileges within the said town respectively, and be subject to all the penalties for neglect of duty which the like officers in the several townships of this state are vested with, entitled or subject to, in like cases and circumstances; and also that the said Mayor, Recorder, Aldermen and Assistants, in Common Council assembled, shall and may from time to time elect, nominate and appoint constables and such other subordinate officers of the town aforesaid, not herein named, as they or the greater number of them, the Mayor or Recorder being one, shall think necessary, for the better ordering and governing the said town; which officers so appointed shall continue in office until others shall be appointed to succeed them, and be sworn or affirmed into office. Provided always, that the several officers appointed pursuant to the directions of this act, before they severally take upon them the execution of their respective offices, shall take or subscribe the oath or affirmation of allegiance to this state, and also take the oath or affirmation of office.
29. And be it further enacted by the authority aforesaid, That the said town clerk, who shall be called clerk of the
town of Paterson, and his successors forever, shall act and do all things within the town aforesaid, which any town clerk of and in any borough or town corporate by virtue of his office can or ought to do: That the clerk of the said town, for the time being, shall also be clerk of the said court of common pleas, to be held as aforesaid, and also clerk of the peace, and of the sessions of the peace, for and in the said town, and all and singular those things which to the office and offices of such clerk do and shall appertain to do, execute and perform, and also shall and may require, demand, take, accept, hold, keep and enjoy, all fees, perquisites and profits which to any clerk of the peace and sessions of the peace, or to any clerk of any court of common pleas in any county of this state do or ought to belong: That the said town clerk, and his successors, clerk as aforesaid, upon their appointment, shall take the oath or affirmation of allegiance to the state, and also the usual and legal oath or affirmation of office, before the Mayor or Recorder of the said town, for the time being, either of whom is hereby authorised to qualify into office as aforesaid such clerk of the said town: That the said clerk for the time being, shall be and hereby is authorised and empowered to administer the oath or affirmation of allegiance aforesaid and also the usual and legal oaths or affirmation of office to the Mayor, Recorder, Aldermen, Assistants, sheriff, coroner, and all, and every other officer and minister, who shall be appointed or elected to serve in and for the said town; but in case the said clerk shall be absent, dead or removed, the said Mayor, or Recorder shall and may administer the oaths or affirmations aforesaid, to all such officers when duly elected or appointed, and report the same to the said clerk, or his successor, to be enrolled.
30. And be it enacted by the authority aforesaid, That in case of vacancy in the office of Mayor, and Recorder, by death, resignation or removal, or otherwise during the recess of the legislature, that in such case, the governor of this state, for the time being, is hereby authorised to supply such vacancies, and commission them accordingly which said commissions shall continue in force till the legislature of this state, at a joint meeting shall appoint persons to fill said office, and the said person or persons so appointed be duly commissioned and qualified to execute the same.
31. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Mayor, Recorder, Aldermen, and Assistants, to make such by-laws, ordinances, rules and regulations, not inconsistent with the laws and constitution of the United States, or of this State, as to them shall appear necessary and beneficial to the good government of the said district, and the same to put in execution, revoke, alter, and make new, as occasion shall require, and to impose such fines and amercements upon persons transgressing such by-laws, rules and ordinances, as shall appear to them reasonable, to be levied by distress and sale of the goods of the party offending, by warrant, under the hand and seal of the said Mayor or Recorder, or by such other warrant or process as shall have been prescribed by the laws or ordinances of the said corporation, to be recovered by action, for the use of the inhabitants of the said district; and, upon the submission of the said parties, the said Mayor, Recorder, Aldermen and Assistants, shall have powers to mitigate or release such fines and amercements. Provided always, That no less than a majority of the whole number of the said officers, of whom the Mayor or Recorder to be one, shall be competent to constitute a legal board or meeting for the purpose of making or altering any by-law or ordinance, or of appropriating any of the monies of the said corporation; and that not less than seven, of whom the Mayor or Recorder to be one, shall be competent to form a board for any other purpose.
32. And be it further enacted by the authority aforesaid, That the said mayor, recorder, aldermen, and assistants, for the time being, shall severally and respectively have all the powers and authorities of justices of the peace, and shall have full power and authority to enquire of, hear, try and determine, agreeably to the laws and constitution of this state, all larcenies, forgeries,
perjuries, assaults and batteries, riots, routs, and unlawful assemblies, and all other offences which may or shall be committed within the said district which would otherwise be cognizable in the court of general quarter sessions of the peace of the county or counties wherein such district is situated; and to punish all persons so convicted, agreeably to the laws of this state; and also to enquire of, hear, try, and determine, all offences committed in the said district, against any of the by-laws, rules and ordinances, made, ordained and established in pursuance of this act; and to punish such offenders as by the said by-laws, rules and ordinances, shall be directed; and also to impose and levy fines, on jury-men and others, according to law, to award process, make recognizances, and commit to prison, as occasion may require, without being accountable to the state for any fines or amercements to be imposed for the said offences, except such as are, or shall by law be, made payable into the treasury of this state for offences against the state; and that they, in their said court of quarter sessions, shall have the sole, only and exclusive right and power to license all and every inn-keeper, tavern-keeper, and retailer of spirituous liquors, inhabiting within said town, as to them shall seem convenient, and from them, and every of them, so as to be licensed, to require and take recognizance, agreeable to the laws of this state; and every other license for such purpose, within the said town, granted by any other court, shall be and hereby is declared to be null and void; and generally, to do all such matters and things as any court of general quarter sessions of the peace of and for any county within this state, may or can lawfully do within such county; and for the purposes aforesaid the said mayor, recorder, aldermen and assistants, or any seven of them, of whom the mayor or recorder to be one, shall have full power and authority, to hold and keep a court of record within the said district four times in each year, by the style and title of the court of quarter sessions of the peace of the town of Paterson for enquiring, hearing, trying and determining the pleas and matters aforesaid; and doing all such matters and things as in pursuance of this act shall be cognizable in the said court; which court shall have power to adjourn from day to day, and to hold special sessions when to the said mayor, recorder, aldermen and assistants shall appear necessary; and all proceedings in the said court may be removed by writs of error, certiorari, or other writs, in the like manner as the proceedings in any court of general quarter sessions of the peace of any county in this state are by law removable.
33. And be it further enacted by the authority aforesaid, That the said mayor, recorder, aldermen and assistants, or any seven of them, of whom the mayor or recorder to be one, shall also have full power and authority to hold and keep, on the first Monday in every calendar month, and the same, if need be, to adjourn from day to day for the term of four days, counting the first as one; one other court of record, by the style and title of the court of common pleas of the town of Paterson, with power to hold pleas of all such civil actions, suits and controversies as are cognizable in the several county courts within this state, to summon and impanel juries in the said actions or suits, to give judgment therein, and to carry such judgments into execution, in as full and ample a manner, and by all such ways and means as any court of common pleas within this state may or can do: and the proceedings in the said court shall be as nearly as may be the same with those of the several courts of common pleas within this state, and may be removed by habeas corpus, writ of error, or other writ, in like manner as the proceedings in any such court of common pleas are by law removable.
34. And be it further enacted by the authority aforesaid, That the said court of common pleas of the town of Paterson shall have a seal, with such device as shall appear to the said court proper, and all writs, issuing thereout, shall be under the said seal, and tested in the name of the mayor or recorder of the said corporation.
35. And be it further enacted by the authority aforesaid, That the justices of the court of general quarter sessions of
the peace, of the county or counties in which such district is situated, or any of them, shall not have power or jurisdiction within the said district, except to compel the attendance of witnesses.
36. And be it further enacted by the authority aforesaid, That all artificers and manufacturers within the said district, in the immediate service of the said society, shall be exempt from all military duty, except in cases of actual invasion, or imminent danger. Provided always, that the clerk of the said town of Paterson shall keep a book, in which he shall enter the name of all the artificers and manufacturers in the immediate service of the said society, at the direction of the said court of general quarter sessions of the peace, in and for the said town, and that no person shall be exempt from any taxes whatever, or from militia duty, except his name shall be entered in the said book as aforesaid.
37. And be it further enacted by the authority aforesaid, That this act shall in all things be construed in the most favorable manner for the said respective corporations; nor shall any non-user of the privileges hereby to the said corporations respectively granted, create any forfeiture of the same; and notwithstanding the members of the said respective corporations should fail to meet, and hold their elections as is hereby specified, the said elections may be afterwards holden, and made in such manner as shall have been prescribed by the laws and ordinances of the said respective corporations, and the officers for the time being shall continue to hold and exercise their office until others shall be duly elected to succeed them at some subsequent meeting.
38. And be it further enacted by the authority aforesaid, That this act shall be deemed and taken to be a public act, and as such to be taken notice of by all persons and courts of justice whatsoever within this state.
Passed at Trenton, Nov. 22, 1791.
GEORGE MEADE
HAS FOR SALE,
At his Stores on WALNUT-STREET WHARF, A FEW pipes of 3 and 4 years old bns of exchange Madeira WINE, which he will dispose of by the pipe, hogshead or quarter cask. London market Madeira WINE, 5 and 6 years old. Old Sherry WINE of the first quality, by the hogshead or quarter cask. Three and 4 years old Lisbon WINE, of a superior quality to what is generally imported, by the pipe, quarter cask, or larger quantity. Choice old Coniac BRANDY, by the pipe, tierce, or larger quantity. A few quarter casks of first quality Hesson TEA. He has just received by the Pigeon, Lockley, master, from London, a few quarter casks of old Madeira WINE--And By the brig Mercury, capt. Stevens, from Dublin, a few boxes of Irish LINENS, low priced and well assorted: a few boxes of Red and White FLANNELS, and some CLUE. A few boxes of Spermatini CANDLES of the first quality, and Bauginton PORK of prime quality. He has also to dispose of a quantity of dressed Wine Oak STAVES. He means to keep a constant supply of First Quality Madeira and Lisbon WINES, and whenever he is pleased to favor him with their custom, may be assured of being well served. He will through the Winter and Spring, buy undressed HANDSPIKES. He is purchasing FLAXSEED and BEES WAX, and will give the highest Price for them. N. B. A few hampers of excellent London PORTER and TUMMEL ALE, just arrived and to be disposed of.
This day is Published By CHILDS and SWAINE, In one Volume Octavo;
Price One Dollar and a half, the small Edition, and One Dollar and three quarters the large.]
THE LAWS of the UNITED STATES.
Collected with, and corrected by the original Rolls in the Office of the Secretary of State.
With a copious INDEX; or
A complete DIGEST of the LAWS;
(Making 56 pages.)
Executed by an eminent Law Character.
To obtain this useful and necessary Part of the Work complete, has retailed the Publication.
This Volume comprises the Acts of the Three Sessions of the first Congress; also, the Federal Constitution, and the Treaties between the United States and Foreign Nations--Together with an Appendix, containing the Declaration of Independence, and sundry Ordinances and Resolves of Congress under the Confederation.
Sold by Childs and Swaine, No. 239, High-Street, Thomas Dobson, Joseph Crukshank, and Robert Campbell, Philadelphia. October 25.
PRINTED BY CHILDS AND SWAINE, AT THEIR OFFICE, NO. 239, HIGH-STREET, NEAR SIXTH-STREET, PHILADELPHIA.