The New-York journal, and daily patriotic register (New-York [N.Y.]), 1788-02-28 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 49, of VOL. XLII.]
THURSDAY, February 28, 1788.
[Total NUMB. 2229.]
HERE TRUTH UNLICENSED REIGNS; AND DARES ACCOST—E'EN KINGS THEMSELVES, OR RULERS OF THE FREE. Thompson's Liberty.
NEW-YORK: Printed and Published by THOMAS GREENLEAF, at the PRINTING-OFFICE, No. 25, WATER-STREET.
At a Court of Probates of the state of New-York, held at the Probate Office, in the city of New-York, on the thirteenth day of February, in the year of our Lord one thousand seven hundred and eighty eight.
P R E S E N T,
The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Johan Daniel Gros and Catharine Paris, executor of Isaac Paris, late of Stone Arabia, in the county of Montgomery, esquire, deceased, have by their petition presented to the said Judge, set forth, that the said Isaac was at the time of his death seized of a real estate within this state, that the petitioners had made a just and true account of the personal estate and debts of the said Isaac Paris as far as they have been able to discover the same, and that thereby it appeared that the personal estate of the said Isaac Paris was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Isaac Paris, do appear before the Judge of the said Court of Probates, at the Probate Office, in the city of New-York, on the thirty-first day of March next, to show cause, if any they have, why so much of the real estate whereof the said Isaac Paris died seized, should not be sold as will be sufficient to pay his debts.
PETER OGILVIE.
At a Court of Probates of the state of New-York, held at the Probate Office in the City of New-York, on the thirteenth Day of January, in the Year of our Lord one Thousand Seven Hundred and Eighty-eight.
P R E S E N T,
The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Mary Van Wart, administratrix of Abraham Van Wart, late of Philips Manor, in the county of Westchester deceased, hath by her petition, presented to the said judge, set forth, that the said Abraham Van Wart, was at the time of his death, seized of a real estate within this state, that the petitioners had made a just and true account of the personal estate and debts of the said Abraham Van Wart, as far as she had been able to discover the same; and that thereby it appeared, that the personal estate of her said intestate was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates;" and the said petitioners hath delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Abraham Van Wart, do appear before the judge of the said court of Probates, at the Probate Office, in the city of New-York, on the seventeenth day of March next, to show cause, if any they have, why so much of the real estate whereof the said Abraham Van Wart, died seized, should not be sold, as will be sufficient to pay his debts.
PETER OGILVIE.
By Order of Joseph Crane, jun. Esq. one of the Justices to keep the peace in and for the county of Dutchess.
NOTICE is hereby given to all the creditors of Uriah Raymond and Elhanan Marsh, insolvent debtors, that they show cause, if any they have, before the said justice, on Friday, the 29th day of February, at two o'clock afternoon, at the house of Capt. Benjamin Titus, in South east precinct, why an assignment of the Estates of the said Uriah Raymond and Elhanan Marsh should not be made, for the benefit of all their creditors, and they discharged, pursuant to a law of the state of New-York, entitled "An act for the relief of insolvent debtors," passed the 19th day of April, 1786.
URIAH RAYMOND, ELHANAN MARSH.
Dated in Dutchess County, the 15th day of February, 1788.
THE Auditors appointed to liquidate and settle the accounts of the troops of the state of New-York, in the service of the United States, do hereby give notice, that they will meet at the house of Stephen Hendricks, in Poughkeepsie, on Tuesday, the 19th of February next, in order, to proceed upon the business of their office, and will attend to the same for two weeks, unless they should be able to close their accounts sooner: they therefore request all persons that are entitled to receive certificates from them, to attend within the term aforesaid, either by themselves or their orders, to receive the certificates they are entitled to by law.
THOMAS MOFFAT, JOHN HARING, JOSEPH GAHERIE, } Auditors.
20th January, 1788.
To the afflicted with WORMS.
LATELY received from the western country, and may be had at No. 21, Beckman-street, an extraordinary and never-failing WORM POWDER. From long experience it has been found, that three doses of these Powders will effectually destroy the Worms, either in children or grown persons.
New-York, Sept. 13, 1787.
At a Court of Chancery, held at the Chancellor's Chambers, in the City of New-York, the eleventh Day of December, in the Year of our Lord one Thousand seven Hundred and Eighty-seven.
P R E S E N T,
The Hon. ROBERT R. LIVINGTON, Esq. Chancellor.
Stephen Skinner, } FORAMUCH as it appears to this court, that William Gray, and a bill hath been filed there- William Deane, } in by Stephen Skinner, mortgagee, against William Gray, and William Deane, to obtain a decree for the sale of certain premises therein mentioned to have been mortgaged by the said William Gray, to the said Stephen Skinner; whereupon process of subpoena to appear and answer, hath been duly issued and returned, and that the said William Gray, hath not entered his appearance in this cause, as according to the rules of this court the same ought to have been entered, in case the said process had been duly served; and an affidavit having been made to the satisfaction of this court, that on strict search and diligent enquiry in the county of Westchester, and elsewhere, the defendant William Gray, cannot be found to be served with the said process, by which the said William Gray was directed to appear in this honorable court, on the twelfth day of October last past, at the suit of the said Stephen Skinner, and which said subpoena issued on the filing of the bill of complaint in this cause; wherefore it is ordered, on motion of Mr. Troup, of counsel, for the complainant, that the said William Gray appear to the said bill, on or before the nineteenth day of February now next ensuing, and in default thereof, that the complainant's said bill be taken pro confesso, so far forth as it in any wise concerns the said defendant, the said William Gray; to the end, that a decree may be made for a sale of the said premises, or such part thereof as to this court shall appear just and right; and it is further ordered, that a copy of this order, within twenty days from the date hereof, be inserted in, at least, two of the public newspapers printed in the state of New-York, for the space of eight weeks successively.
Extract from the minutes,
99 8w. th. W. COCK, Register.
At a Court of Chancery, held at the Chancellor's Chambers, in the City of New-York, the eleventh Day of January, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
P R E S E N T,
The Hon. ROBERT R. LIVINGTON, Esq. Chancellor.
Stephen Skinner, } MR. TROUP, of counsel, for the complainant, representing to the court, William Deane, } that the order of the eleventh day of December now last past, had not been inserted within twenty days from the date thereof, in two of the public newspapers printed in this state, as according to the said rule the same ought to have been done; wherefore, on motion of Mr. Troup, the honorable the chancellor orders, and directs, that the said order stand renewed, giving the said defendant time to appear on or before the nineteenth day of March now next ensuing.
Extract from the minutes,
99 8w. th. W. COCK, Register.
At a Court of Probates of the State of New-York, held at the Probate Office, in the City of New-York, on the twenty-third Day of January, in the Year of our Lord one Thousand Seven Hundred and Eighty-eight.
P R E S E N T,
The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS Moses Wickas and Vanhaclah Robins, executors of the last will and testament of Jeremiah Ruland, late of Huntington, in the county of Suffolk, yeoman, deceased, have by their petition presented to the said judge, set forth, that the said Jeremiah Ruland, was at the time of his death seized of a real estate within this state, that the petitioners have made a just and true account of the personal estate and debts of the said Jeremiah Ruland, as far as they have been able to discover the same, and that thereby it appeareth, that the personal estate of the said Jeremiah Ruland was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Jeremiah Ruland, do appear before the judge of the said court of Probates, at the Probate Office in the city of New-York, on the tenth day of March next, to show cause, if any they have, why so much of the real estate whereof the said Jeremiah Ruland died seized should not be sold, as will be sufficient to pay his debts.
PETER OGILVIE.
TO BE SOLD,
At PRIVATE SALE, a Pleasant situated
F A R M, BETWEEN Rack Pond and Fresh Creek, adjoining the sea, at Shrewsbury, in Monmouth county, in the state of N. Jersey, containing one hundred and fifty acres. The payment will be made easy to the purchaser, and a good title will be given. For further particulars enquire of PETER OGILVIE, at No. 6, Crown-street. New-York, Feb. 13, 1788.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the 19th day of March, 1774, entitled, "An act for the more effectual registering of mortgages, and securing the purchasers of mortgaged estates;" that on the sixth day of June next ensuing, at ten o'clock in the forenoon, will be sold at the house of DAVID DAN, in Bedford, Westchester county, and state of New-York, to the highest bidder; all that certain Farm, Tract, pieces, or parcel of Land, lying and being in Bedford, and bounded as follows, to wit, beginning at the house of Benjamin Hayes, where he now lives, running westerly as it winds round Hayes's land, and northerly to the high way, thence westerly along the high way until it comes to Lewis M c Donald's land, thence southerly until it comes to David Dan's land, thence easterly and northerly along said Dan's land until it comes to the high way or Town's land by the burying ground, thence by the high way westerly until it comes to Benjamin Hayes's land, thence by Hayes's land as it winds to the place of beginning; also one other piece of Land, lying on the north side of the high way, beginning at the Court-house, thence westerly by the high way until it comes to Lewis M c Donald's land, thence northerly and westerly as it winds to Abraham Canfield's land, thence northerly and westerly by Abraham Canfield's land as it winds to the high way, thence northerly by the high way to Abraham Canfield's land, thence east by said land, until it comes to the land of the late Stephen Holmes, deceased, thence southerly and westerly until it comes to the parsonage lands, thence near the same course until it comes to James M c Donald's land, thence westerly and southerly winding round M c Donald's land to the place of beginning; containing in the whole eighty acres, more or less, with the appurtenances which said premises were by indenture bearing date the 10th day of May, one thousand seven hundred and eighty-six; mortgaged by Jonathan Platt, of Bedford, Westchester county and state of New-York, to Daniel Bowne, of New-York, for securing the payment of eight hundred pounds with lawful interest for the same.
The conditions will be made known on the day of sale, by the subscriber,
New-York, Nov. 20, 1787. 45 th. 6m. DANIEL BOWNE.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the nineteenth day of March, 1774, entitled, "An act for the more effectual registering of mortgages and securing the purchasers of mortgaged estates;" that on the twenty-eighth day of July next ensuing, at eleven o'clock in the forenoon, will be sold at the Coffee-House, to the highest bidder, all that certain LOT OF GROUND, situate, lying, and being in the city of New-York, in the Dock Ward of the same, with incumbrance of a mortgage in the Loan-Office, for two hundred and eighty pounds, or thereabouts, and contains in breadth, in front and rear, twenty-five feet four and an half inches, in length, on each side, about ninety-one feet, and is bounded southerly, in front by the dock, westerly, by ground of Mary Ten Eyck, northerly, in the rear by ground now or late the property of John Lambert, and easterly, by ground of the heirs of Peter Delancey, with the appurtenances, which said premises were, by indenture, bearing date the fifteenth day of January, one thousand seven hundred and eighty-seven—mortgaged by Charles Duryee, of the county of New-York, to Thomas Bowne, Daniel Bowne, and Samuel Osgood, of New-York, for securing the payment of five hundred and thirty-six pounds eleven shillings and seven-pence, with lawful interest for the same.
The conditions will be made known on the day of sale by subscribers.
THOMAS BOWNE, DANIEL BOWNE, SAMUEL OSGOOD,
New-York, Jan. 24, 1788. 99 th. 6m
WHEREAS David Peck is possessed of three certain Notes of Hand, given to him by Jonathan Platt, and the subscriber bearing date the twentieth day of November, one thousand seven hundred and eighty-seven, one of the said notes for the sum of thirty pounds, on demand, one other of the said notes for one hundred pounds, payable on the first day of May, one thousand seven hundred and eighty-eight, and the other of the said notes, for the sum of one hundred and seventy pounds, payable on the first day of May, one thousand seven hundred and eighty-nine; all which said three notes were deposited in his hands, upon conditions of their delivery of them by a certain day, which is past; and whereas the conditions have not been complied with, and the said David Peck, retaining the same, has refused the redelivery of them, and has offered them for sale, this may serve to notify all persons, that the payment of the said notes will be refused, and prosecutions commenced for the redelivery of them.
BENONI PLATT
Jan. 24, 1788. 99 th. 4 w
New-York RUM
Of excellent Flavour and good Proof, FOR SALE, By Charles Tillinghast, At the DISTILLERY, near the New Market, Cherry-Street, nearest to the Ship-Yards.
State of New-York, Court of Admiralty. Charles March, Timothy Penny, Abraham P. Mendes, John Thomson, Gad Wells, and others, Libellants.
Sundry goods, Wares and Merchandize, saved out of a vessel having no person on board, by John Shannon and others, and claimed by Gibbon Bourke, John Donnan and the said John Shannon and others, and claimed in part by Daniel M c Cormick for Hyem Cohen, and by William Cock for Richard Hall.
WHEREAS Charles March, Timothy Penny, Abraham P. Mendes, John Thomson, Matthew Fergo, John Howard, Gad Wells, Samuel Eells, and Peter Noyes, junior, as passengers, and Malcom Taylor, and Henry Harris, as mariners on board of the brigantine Port-Roseway, have filed a libel in the said court, setting forth that in and with the said brigantine, in a voyage from the island of Jamaica to New-London, in Connecticut, on or about the first day of August, in the year 1784, in the latitude of 23 degrees and 30 minutes north or thereabouts, they discovered, and went to a vessel with only her foremast standing, and having no living creature on board, and five feet water in her hold; and that they saved and took out of the said brigantine, sundry goods, wares, and merchandize, which were by them brought to the port of New-York, and there sold at public vendue, by order of Gibbon Bourke, and John Donnan, of the said city, merchants: And whereas it appears by return of sales of Anthony L. Bleeker, that the said merchandize so saved and brought to the port of New-York, consisted of the following articles, viz. Six hogheads of sugar, the marks & numbers whereof were defaced, one hoghead of sugar marked F. No. 102, one other hoghead of sugar marked WB. No. 185, one other hoghead of sugar, marked F. S. one hoghead of spirits, marked E. (enclosed by a diamond) No. 6, one other hoghead of spirits, marked B. E. No. 4, one other hoghead of spirits, marked B. E. No. 5, one other hoghead of spirits, marked B. R. No. 3, one other hoghead of spirits, marked WB. No. 7, one other hoghead of spirits, marked WB. No. 8, one other hoghead of spirits, marked WB. No. 9, thirteen bales of cotton wool without mark or number, a bale of cotton wool, marked B. three other bales of cotton wool, marked H. C. fifteen other bales of cotton wool, the marks & numbers whereof were defaced; four whole bales, four half bales, four broken bales, and four bundles of cotton wool, the marks whereof, if any had been, could not be discovered, a quantity of logwood, and five hundred and fifty-one feet of mahogany. And whereas, by an advertisement formerly published in one of the news papers printed in New-York, the said goods and merchandize were said to have been saved and taken on board of the said brigantine Port-Roseway, on Thursday the 5th day of Aug. 1784. And whereas, Gibbon Bourke and John Donnan, on behalf of John Shannon, master, and Samuel Nesbitt, mate, Malcom Taylor, Martin George, John Harper, Swiney Wilson and Alexander M c Kenney, mariners, and Richard Hall, owner of the said brigantine Port-Roseway, have filed a claim in the said court, praying a decree for their proportional shares of the net proceeds of the said goods: and whereas, Daniel M c Cormick, of the city of New-York, merchant, for and on behalf of Hyem Cohen, of the Island of Jamaica, hath filed a claim in the said court, to the monies which have arisen from the sales of the said cotton wool, or part thereof, after the payment of salvage: and whereas William Cock, of the city of New-York, Esq. for and in behalf of Richard Hall, of Shelburne, in Nova-Scotia, as sole owner of the said brigantine Port-Roseway, hath also filed a claim in the said court, praying an allowance for salvage out of the monies arising by the sale of the said goods, wares and merchandize. And whereas, it appears by the depositions of William M c Kenney and Malcom Taylor, two of the persons on board the brigantine Port-Roseway, at the time the said goods and merchandize were so saved and taken on board; that the defected vessel out of which the said goods were saved, were generally supposed by themselves and others then present, to have been a brigantine; and it further appears by the said depositions, and the deposition of Swiney Wilson, which depositions were severally taken in open court, that the said defected vessel was a float vessel (perhaps about three hundred tons burthen) had a woman's head, with guard-irons round it, that she had black sides, and yellow mouldings, that she had either three or four ports on each side abaft her chains, that she had a double deck as far as her main-mast, and had deck-beams but no plank on them before her main-mast as part of her lower deck, that she had quarter-barges, but no quarter-galleries, and was plain behind, and that her quarter-deck was raised about three feet above her main-deck. Therefore, pursuant to an order of the said court, public monition and notice is hereby given to all persons interested, or claiming to be interested, in the said goods, wares and merchandize, so saved, or any part thereof, to put in a claim in the said court for the same, within one year and a day, from the day of the date of this monition and notice. Dated the eighth day of October, in the twelfth year of the Independence of the state of New-York, and the year of our Lord, 1787.
By order of the court of Admiralty, JONH GRAHAM, Marshal. 36 3m
A PERSON perfectly acquainted with MERCHANT'S ACCOUNTS, would be glad of employ, in that line, either in Posting of Books, or adjusting intricate accounts; Enquire of the Printer.
New-York, October 25, 1787. 33—c.d.

WHEN vacancies happen in the representation from any state, the executive thereof shall issue writs of election to fill such vacancies."
It seems, by this clause, as if two or three rights had been intended for somebody, but, by an unhappy lacunae or two, they do not quite so clearly appear for whom they were designed, as might have been expected, from the focus of conventional construction, &c. But great minds, it is said, are above composition, as well as ceremony, and, if so, perhaps that may be the apology. However that be, "the executive thereof" may, and that according to no uncommon construction, relate to "representation" as well as to "state." And "writs of election to fill such vacancies," not only may intend, but will scarcely bear any other construction than, that "such vacancies" are to be filled with those "writs of election" instead of proper persons. But, at all events, it looks a little like a conge de lire, or sovereign permission, for the executive of something to issue "writs of election" for some purpose.
Suppose it had been said, that "the executive of the state, in which the vacancy happens, shall issue writs of election," authorizing "suitable or proper person or persons, as the case might require, to be legally chosen, for filling such vacancy or vacancies," would the uncertainty or ambiguity of the clause have been greater than it now is?
Clause 6th.
"The house of representatives shall choose their speaker, and other officers; and shall have the sole power of impeachment."
The house's right to choose its own speaker, and other officers, appears to be pretty well defined; but, if I mistake not, "the sole power of impeachment" may be construed to exclude all other impeachments, by any of the state legislatures, or any other body of men whatever, in the United States; which, if it should, may it not produce a right of infinite mal administration, in every department? Nor is this opinion singular, as I observe, that Mr. Nicolson, of Philadelphia, in his "View of the proposed constitution," entertains exactly the same idea of it. Besides, to what does it amount? Why, nothing but mere illusion, as all impeachments are to be tried by the very persons who appoint, or, at least, have an essential influence in appointing, to every office; if we except that of president and vice-president, under the constitution, as will more fully appear.
Section 3d, clause 1st.
"The senate of the United States, shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote."
Is this last mentioned right, a right of confederation or consolidation?
But, besides this, and the other apparent rights here exhibited, there are several very important ones involved in this senatorial clause, to wit, the right of pre-emption to as much of the western territory as the senate and assembly, in conjunction with the president, can agree to divide among them. To which, also, may be added, the right of procuring enough of it for their friends, in the different legislatures and states, to secure their being re-elected, at the expiration of their respective classical terms; that is, at the end of two, four, and six years, as there is no provision made against their being continued for life; and of course, continuing their friends or families in office, let them be ever so disagreeable to the people, or behave as they may; for the senate have the sole right of trying all impeachments—perhaps in the United States—you will please to observe, fir.
Clause 4th.
"Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year; so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments, until the next meeting of the legislature, which shall then fill such vacancies."
Besides some part of the exposition, on clause the fourth, sect. 3d. which applies equally to this, as it does to that, here seems to be the right of playing see-saw. Why not have said, in the preceding clause, "for a term of years not exceeding six, nor less than two, according as they may be classed, &c."? Where is the necessity or propriety of saying, "for six years," absolutely, and, almost with the very next breath, as it were, declare, that a majority of them, or two thirds, shall not continue so long? It is observed, that, "one third may be chosen every second year," &c. To which, with great truth, might have been added, or "re-chosen as often as places, pensions, &c. have any influence."
Should any of the advocates for the proffered constitution, assert, that the subject of some of the remarks and observations, made on their favourite hopes, is trifling, and such as might have escaped the notice of others as well as the convention, let them reflect, for a moment, to what a height they raised the expectations of many of the friends to just and equal freedom, by their endless panegyrics on the effulgence of the most profound erudition, wisdom, and all other mental abilities and acquirements, which they declared to be wholly concentrated in the convention: and then say, whether the style, composition, &c. of this long-laboured production, be really adequate to their own description of its authors capacities?
Clause 6th.
"No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen."
Much the same observation which was made on the second clause of the second section, will apply to this. However, if any number of years must be the criterion of patience, perseverance, equani-
ity, good sense, intuitive discernment, and sound judgement, why adopt one inferior to the adage, which says, that "a man, at forty, is either a fool, or a physician." As, in that case, it might be evident which side he had chosen? And, why not provide against the frigidity and imbecilities of old age, as well as against the versatility and ardour of youth, I should be glad to learn? Are not several of the effects of old age as incompatible with the office or duty of a good legislator as some of the levities or follies of youth?
Clause 4th.
"The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided." And if he had never been mentioned, he would never have been wanted, unless for pride and senatorial dignity; as will presently be shown by the next clause, and the observations on it. Neither is this puny clause without its peculiarity; but where so many greeces appear, perhaps it may now be worthy of notice. Yet, is there not something preposterous in this manner of ascertaining the right of the vice-president, previous to his having been once mentioned? Why not first declare, as in clause the first, of the first article, on legislative powers, that there should be a president and vice-president, and then ascertain their right of administration, &c.?
Clause 5th.
"The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States."
And does not this plainly shew, that there was no real necessity for a "vice-president," as "president of the senate," unless for parade ostentation and expence, or giving some one state an advantage, and, perhaps, one which may be the least entitled to it, or which, in point of good policy, ought not to have such an advantage in the national councils?—as the senate could, with as much propriety as the house of representatives, always choose one of their own house to preside, which, at present, would also preserve a casting vote in their proceedings, in case the whole senate were present. And, as to the office of president, of the United States, that could also be exercised, pro tempore, by the same person; that is, the president of the senate, chosen, as mentioned above, until another regular choice could be made.
May not the epithet, "other officers," in this and a preceding clause, admit, like "the wife of Anthony, an army for an utter?"
Clause 6th.
"The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted, without the concurrence of two thirds of the members present."
On the first of these rights or powers, Mr. Nicolson puts the following very pertinent question. "Is it meant, that the several states should hereby be restrained from trying their own officers, impeached for mal-administration?" On the right of swearing, he asks, and not without reason, "What are they to swear or affirm?"—And, on—"When the president of the United States is tried, the chief justice shall preside?"—he facetiously and justly inquires—"Is it meant, at the senate or in the United States?" i. e. that the chief justice is to preside, for, it is not said at, or in which, by this part of the constitution, his presidency is to take place. To these, I beg leave to add another, which is—Whether it be of more consequence to screen the officers of the new government, than to protect the people, who must support them and the government? If I may be allowed the privilege of a hunchback; that is, to anticipate, I will answer this question in the affirmative, and offer some part of the second clause of the second section, in the third article, in support of the assertion. For, it is there said—"In all other cases before mentioned," that is, all mentioned in the two preceding clauses, which, in fact, includes almost every case, in which the people can be concerned—"The supreme court shall have appellate jurisdiction, both as to law and fact." Now, by comparing this with the preceding clause, must it not either be supposed that the decisions of the supreme court (which perhaps, may not often consist of more than four; but frequently of three, two, and sometimes one, and yet that one, alone, may be the sole judge of law and fact, in deciding for the people) will be more equitable and just, than those of the senate, who are to be on oath, as well as the supreme court, and of whom there must be two thirds, which are, if of a full senate, sixteen, rejecting the fractional number, and that for only the removal from office, &c. whilst a single voice or formay consist a farmer, mechanic, or merchant, &c. to endless imprisonment, or inevitable ruin—Or that it was considered by the convention to be a matter of much more consequence to screen one officer of the intended government, than to protect the great body of the people, by a fair and open trial of the vicinage, which is their indubitable birth-right, and for which, they so nobly contended and bravely conquered? How invidious! and, of course, how humiliating and degrading a subject of reflection must this ever be to all, but those in administration!
GRACIOUS ALFRED! how would thy divine spirit have revolted at such rights as these! THOU alone, who, whilst invested with sovereignty—didst, out of thine own mere clemency, and for the sake of perpetuating distributive justice to thy subjects and their posterity—institute the trial by jury and of the vicinage! What a contrast to the modern invention of a number of fellow citizens! Peace be to thy holy manes, there are other rights, not far hence, which, if possible, are enough to disturb thy sacred rest!
Clause 7th.
"Judgment in cases of impeachment, shall not extend farther than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law."
This may do to gull the unwary. But where is the law? Why, like the "oath or affirmation," and "vice-president"—it is not known, and when it is, if we may judge from what we see, it will be a mere cobweb to catch the little flies, and let the large go through.
Section 4th. Clause 1st.
"The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof: but Congress may at any time, by law, make, or alter such regulations, except as to the places of choosing senators."
Here then is a right, which nearly threw one of the warmest advocates for the proffered constitution into a consternation, and obliged him to confess judgment against that right, which the convention must have thought to be a very essential one, or they would scarcely have made such a grasp at it. And, it seems to me, as if nothing produced the exception, but the senators being chosen by the legislatures, who, it was thought, would hardly consent to go the grand rounds, and that only for the sake of choosing two senators a piece, as Congress might, in the plenitude of their power, see fit to direct.
Yet, you Federalists, as you call yourselves, complain of the constitution as not containing sufficient rights! Perhaps, if it had contained many more such, they might have caused a solemn pause in you, as this did in the examiner of it. For, "here," says he, "let us pause. What did the convention mean by giving Congress power to make regulations prescribed by the legislatures? Is this expression accurate or intelligible?"—Which, it is imagined may very safely be answered in the negative; as it does not appear to be either accurate or intelligible. For, how can Congress make such regulations as are prescribed by the legislatures; unless it be meant, that Congress may make exactly such others, which would be very curious indeed?
"But," continues the same writer, who, as mentioned above, is a most zealous advocate for the new government; and supposed to be P——h W——r, of Philadelphia—"The word alter, is very intelligible, and the clause puts the election of representatives wholly, and the senators almost wholly in the power of Congress."—He likewise adds "I see no occasion for any power in Congress, to interfere with the choice of their own body." "But the clause in Italics, gives needless and dangerous powers. I hope the states will reject it with decency, and adopt the whole without altering another syllable."—Without stopping to notice this gentleman's contradiction in terms, there are several other parts of the constitution, which require pausing at, equally with the part he alluded to; that is, Congress making what the legislatures prescribe, &c.
Clause 2d.
"The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day."
As here seems to be no provision for the right of non-uter, what if invasion or insurrection should prevent—"such meeting?"
EXPOSITOR.
For the NEW-YORK JOURNAL, &c. BRUTUS, No. XIV.
THE second paragraph of sect. 3d. art. 3, is in these words: "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."
Although it is proper that the courts of the general government should have cognizance of all matters affecting ambassadors, foreign ministers, and consuls; yet I question much the propriety of giving the supreme court original jurisdiction in all cases of this kind.
Ambassadors, and other public ministers, claim, and are entitled by the law of nations, to certain privileges, and exemptions, both for their persons and their servants.
The meanest servant of an ambassador is exempted by the law of nations from being sued for debt. Should a suit be brought against such an one by a citizen, through inadvertency or want of information, he will be subject to an action in the supreme court. All the officers concerned in issuing or executing the process will be liable to like actions. Thus may a citizen of a state be compelled, at great expence and inconvenience, to defend himself against a suit, brought against him in the supreme court, for inadvertently commencing an action against the most menial servant of an ambassador for a just debt.
The appellate jurisdiction granted to the supreme court, in this paragraph, has justly been considered as one of the most objectionable parts of the constitution: under this power, appeals may be had from the inferior courts to the supreme, in every case to which the judicial power extends, except in the few instances in which the supreme court will have original jurisdiction.
By this article, appeals will lie to the supreme court, in all criminal as well as civil causes. This I know, has been disputed by some; but I presume the point will appear clear to any one, who will attend to the connection of this paragraph with the one that precedes it. In the former, all the cases, to which the power of the judicial shall extend, whether civil or criminal, are enumerated. There is no criminal matter, to which the judicial power of the United States will extend; but such as are included under some one of the cases specified in this section. For this section is intended to define all the cases, of every description, to which the power of the judicial shall reach. But in all these cases it is declared, the supreme court shall have appellate jurisdiction, except in those which affect ambassadors, other public ministers and consuls, and those in which a state shall be a party. If then this section extends the power of the judicial, to criminal cases, it allows appeals in such cases. If the power of the judicial is not extended to criminal matters by this section, I ask, by what part of this system does it appear, that they have any cognizance of them?
I believe it is a new and unusual thing to allow appeals in criminal matters. It is contrary to the sense of our laws, and dangerous to the lives and liberties of the citizen. As our law now stands, a person charged with a crime has a right to a fair and impartial trial by a jury of his country, and their verdict is final. If he is acquitted no other court can call upon him to answer for the same crime. But by this system, a man may have had ever so fair a trial, have been acquitted by
ever so respectable a jury of his country; and still the officer of the government who prosecutes, may appeal to the supreme court. The whole matter may have a second hearing. By this means, persons who may have disobliged those who execute the general government, may be subjected to intolerable oppression. They may be kept in long and ruinous confinement, and exposed to heavy and insupportable charges, to procure the attendance of witnesses, and provide the means of their defence, at a great distance from their places of residence.
I can scarcely believe there can be a considerate citizen of the United States, that will approve of this appellate jurisdiction, as extending to criminal cases, if they will give themselves time for reflection.
Whether the appellate jurisdiction as it respects civil matters, will not prove injurious to the rights of the citizens, and destructive of those privileges which have ever been held sacred by Americans, and whether it will not render the administration of justice intolerably burthensome, intricate, and dilatory, will best appear, when we have considered the nature and operation of this power.
It has been the fate of this clause, as it has of most of those, against which unanswerable objections have been offered, to be explained different ways, by the advocates and opponents to the constitution. I confess I do not know what the advocates of the system, would make it mean, for I have not been fortunate enough to see in any publication this clause taken up and considered. It is certain however, they do not admit the explanation on which those who oppose the constitution give it, or otherwise they would not so frequently charge them with want of candor, for alleging that it takes away the trial by jury, appeals from an inferior to a superior court, as practiced in the civil law courts, are well understood. In these courts, the judges determine both on the law and the fact; and appeals are allowed from the inferior to the superior courts, on the whole merits: the superior tribunal will re-examine all the facts as well as the law, and frequently new facts will be introduced, so as many times to render the cause in the court of appeals very different from what it was in the court below.
If the appellate jurisdiction of the supreme court, be understood in the above sense, the term is perfectly intelligible. The meaning then is, that in all the civil causes enumerated, the supreme court shall have authority to re-examine the whole merits of the case, both with respect to the facts and the law which may arise under it, without the intervention of a jury; that this is the sense of this part of the system appears to me clear, from the express words of it, "in all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, &c." Who are the supreme court? Does it not consist of the judges? and they are to have the same jurisdiction of the fact as they are to have of the law. They will therefore have the same authority to determine the fact as they will have to determine the law, and no room is left for a jury on appeals to the supreme court.
If we understand the appellate jurisdiction in any other way, we shall be left utterly at a loss to give it a meaning: the common law is a stranger to any such jurisdiction: no appeals can lie from any of our common law courts, upon the merits of the case; the only way in which they can go up from an inferior to a superior tribunal is by habeas corpus before a hearing, or by certiorari, or writ of error, after they are determined in the subordinate courts; but in no case, when they are carried up, are the facts re-examined, but they are always taken as established in the inferior court.
[To be continued.]
To the PUBLIC.
[Continued.]
THE papers and accounts of, and relative to, Capt. J. P. Jones's agency, and the order to pay the prize money to the crews of the Alliance, and Bonhomme Richard, were transmitted from the board of the treasury to Benjamin Walker, Esq. at the office of accounts, marine department, who sent for me to give him the information I knew of the situation of the crew of the frigate Alliance, when she, and other vessels, being together, had taken those prizes, which I did.
I next observed to Mr. Walker, that I had, in my former petitions to Congress, and still claimed to share, as the lawful commander, the money arising from the prizes which the frigate Alliance, and other vessels, had captured together: that gentleman answered, that the resolve of Congress, in the regulation of the navy, of which a copy was in his office, about the commander's having a greater share than the other captains of the United States, under his orders, was a particular resolve made in favor of, and only relative to, commodore Hopkins, who was the only one who ever had the rank of commodore in the United States' service; but when any other men of war had taken prizes together, the commander captain, and those who were under his orders, had shared, and were to share, equally.
I told Mr. Walker, that, in Holland, Capt. J. P. Jones had took out of the prize man of war Serapis, part of her rigging, tackle, arms, and apparel; as anchor, cable, muskets, blunderbusses, signal colors, &c. (by the want of which she was in danger to be lost, or taken, going thence to port L'Orient, and by which she was very much undervalued and sold there) which things he had put on board the frigate Alliance, of which he had, in my absence, usurped the command; some of which things were sold, after the arrival of the frigate Alliance in Boston: and I begged of Mr. Walker to ask, officially, of Capt. J. P. Jones, an indent of the articles he had thus taken out of said Serapis, and of those which he may have appropriated to himself, if any (as in his letter dated L'Orient, June 21, 1780, he wrote me to deliver the barge which was his own property, which barge was belonging and had been taken on board said ship Serapis.) Mr. Walker answered, that he would accordingly ask of him said indent.
Mr. Walker then shewed me the list of the prizes sold in France, to which was annexed the sum of the money they were sold for, and the neat produce of them, which Capt. J. P. Jones had received: I saw in said list the same of the prize brig Speedwell, and the sum of her first produce 7076 livres, amounting to 1415 dollars, annexed to it; I told Mr. Walker, that said brig's amount ought not to be mixed with the others, as the crew of the

frigate Alliance had no right to share in that prize money, the frigate not being in company with the ship Bonhomme Richard, and other vessels, when they took that prize; and added, it being but a small sum, it has been inserted among the others, in all appearance, by the Capt and others concerned in the Bonhomme Richard, and the other vessels, in order to give them a right to share in the valuable prizes which the frigate had taken when she was alone, and had sent into Norway, which would be unjust, and to the great prejudice of the United States, which have a right to one half, and to the crew of the frigate Alliance to the other half of whatever can be obtained of the government of Denmark, as an indemnity for having given back those prizes to the English; and I therefore declared, that I would have nothing to do with the money accruing from the said prize-ship Speedwell.
Mr. Walker then told me, that Capt. J. P. Jones had allotted, kept and enjoyed, since the time he had received the prize money for his own share of it, above 14,000 livres, amounting to 2300 dollars, which was more than his due therefor. That he had likewise, since that time, kept of that money 50,000 livres (if my memory serves me) amounting to 10,000 dollars, out of which sum he claimed, as his expenses, above 47,000 livres, amounting to 9500 dollars, which could not be granted him, or must be taken out of the crew's own share of money, which could not be done, as Congress had clearly explained, by their resolve of the 1st November 1783, "that the said Capt. J. P. Jones shall receive the commission usually allowed in such cases (which is 5 per cent. which on the sum of 180,000 livres was only 9,000 livres, amounting to 1800 dollars) out of the money which he shall recover as agent for the prizes, in full compensation for services and expenses;" and Mr. Walker told me, that he had made a report to the board of treasury, which he showed to me, which imported (to the best of my memory) that the claim of Capt. J. P. Jones to have credit for above 47,000 livres, said to be his expenses, could not be granted agreeably to the said resolve of Congress.
I asked Mr. Walker's leave to peruse and examine said papers and accounts relative to captain John Paul Jones's agency; which he granted to me. In doing it, I found so many misrepresentations, falsehoods, and want of vouchers to illustrate said account that it struck me with surprise; for an instance, in one of captain John Paul Jones's letters to the minister of the French navy, about the prizes, he denied that the ship Serapis wanted anchors to be fitted out again, although the capt. John Paul Jones had stripped that very ship of anchor, cable, &c. as had been said heretofore.
I took several notes and extracts out of those papers, as I perused them along, some of which I had shown in my own hand-writing, in the forenoon, to Mr. Walker, and which he did not then disapprove my taking off; but in the afternoon he came to the table I was writing on, took up the paper upon which I had written those notes and would not give it me back, though I represented my undeniable right to have it nevertheless he kept it, by which I was deprived of having the notes, which would have been necessary to me. I could not account for Mr. Walker's conduct in that respect otherwise than by imagining that he had received new directions thereabouts from the commissioners of the board of the treasury, who had previous to that time refused my request to see said papers and accounts.
P. LANDAIS.
New-York, February 28.
Tuesday, February 26, 1788. CONGRESS assembled—President, New-Hampshire, Massachusetts, New-York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and South-Carolina; and from Connecticut, Mr. Wadsworth, and from North-Carolina, Mr. White.
According to order, the minister Plenipotentiary from his most Christian Majesty, was introduced to a public audience, when he delivered a letter of credence from his Most Christian Majesty, of which the following is a translation:
Very dear great Friends and Allies, Particular reasons, relative to the good of our service, have determined us to appoint a successor to the Chevalier de la Luzerne, our minister Plenipotentiary with you. We have chosen the Count DE MOUSTIER, to take his place, in the same quality. The marks of zeal which he has hitherto given us, persuade us, that on this new occasion, he will conduct himself in such a manner as to render himself agreeable to you, and more and more worthy of our good will. We pray you to give full faith to whatever he may say to you on our part; particularly when he shall assure you of the sincerity of our wishes for your prosperity, as well as of the constant affection and friendship which we bear to the United States in general, and to each of them in particular. We pray God, that he will have you, very dear great friends and allies, in his holy keeping. Written at Versailles, the 30th September, 1787. Your good Friend, and Ally, (Signed) LOUIS. Count de MONTMORIN.
To the United States of North-America.
After which he addressed Congress in a SPEECH, of which the following is a translation:
Gentlemen of the Congress, The relations of friendship, and affection, which subsist between the King my master and the United States, have been established on a basis which cannot but daily acquire a new degree of solidity. It is satisfactory to be mutually convinced that an alliance formed for obtaining a glorious peace, after efforts directed by the greatest wisdom, and sustained with admirable constancy, must always be conformable to the common interests; and that it is a fruitful source of infinite advantages to both nations, whose mutual confidence and intercourse will encrease in proportion as they become better known to each other.
The king, who was the first to connect himself with the United States as a sovereign power, to second their efforts and favor their interests, has never ceased, since that memorable period, to turn his attention to the means of proving to them his affection. This sentiment directs the vows which his majesty forms for their prosperity. Their success will always interest him sensibly; and there is reason to hope for it, from the wisdom of the measures which they will adopt.
To this solemn assurance of interest and attachment on the part of the king, to the unanimous sentiment of the nation, and to the fervent wishes of a great number of my countrymen, who have had the advantage to be associated in the military toils and success of the United States, permit me to add those which I in particular entertain for the growth and glory of those states. I at length enjoy the satisfaction of having it, in my power here to testify the profound veneration with which I have been constantly penetrated, for a people who have been able to fix, from their birth, the attention of the most considerable powers in Europe, and whose courage and patriotism have astonished all nations.—My happiest will be complete, gentlemen, if I could succeed by my zeal and most constant care, to merit your esteem, your confidence, and your approbation.
The task which I have to accomplish, appears to me to be the more difficult, as in succeeding a minister who held the place near you, gentlemen, with which I am now honored, I am far from enjoying the advantages which he derived from his talents, his knowledge, and those circumstances which placed him in the most intimate relations to you. I will endeavor to resemble him, at least by the greatest attention to promote and give success to whatever may contribute to the satisfaction, the glory, and the prosperity of the United States.
To which the PRESIDENT made the following REPLY:
SIR, It will always give us pleasure to acknowledge the friendship and important good offices, which we have experienced from his Most Christian Majesty, and your generous nation; and we flatter ourselves, that the same principles of magnanimity and regard to mutual convenience, which dictated the connections between us, will continue to operate, and to render them still more extensive in their benefits to the two countries.
We consider the alliance as involving engagements, highly interesting to both parties; and we are persuaded that they will be observed with entire and mutual good faith.
We are happy in being so explicitly assured of the continuance of his majesty's friendship and attachment, and in this opportunity of expressing the high sense we entertain of their sincerity and value. It is with real satisfaction, Sir, that we receive you as our minister Plenipotentiary; especially as your character gives us reason to expect, that the harmony and interest of both nations, will not be less promoted by your talents, candor and liberality, than they were by those which distinguished your predecessor, and recommended him to our esteem and regard.
The foreign Ministers, Consuls, &c. and a large number of the most respectable characters of the city, attended at the Hall on this occasion, and an elegant entertainment was given by the Hon. the President of Congress.
Accounts from Versailles of Nov. 9, say:—The important services rendered by the Chevalier de la Luzerne, formerly Minister Plenipotentiary of the King to the United States of America, have induced his Majesty to appoint him an Ambassador to the court of Great Britain. The fourth of this month he had the honor of being presented to the King in this character, by the Count de Montmorin, Minister for Foreign Affairs.
The convention of New York are to meet on the 17th of June, the anniversary of a period ever memorable to the citizens of America. May the members of the convention be actuated by motives equally noble and patriotic as those which stimulated the free born sons of Columbia, on the 17th of June, 1775, to sacrifice their lives on the altar of freedom, in impeding the hostile encroachments of a despotic nation, and a band of British hirelings, upon the rights and properties of the inhabitants of this western world. [Boston Paper.]
By the last evening's eastern mail we are informed, that the convention of New Hampshire met at Exeter on the 12th; on the 13th there was a house, when the necessary arrangements were made; and on the fourteenth His Excellency JOHN SULLIVAN, Esq. was chosen president, and the Hon. Judge CALFE, secretary, when they proceeded to consider the constitution by paragraphs. Debates ensued upon BIENNIAL ELECTIONS, no farther than which did they proceed that day. The accounts of debates received, are very imperfect. There were between 90 and 100 members present.
Nothing of a very interesting nature, under the class of intelligence, other than is here inserted, is now in circulation—so dull is the present season.
FOR THE NEW-YORK JOURNAL, &c.
MR. GREENLEAF, Be pleased to publish in your patriotic paper the proceedings of the inhabitants of the counties of Ulster and Orange, at a meeting held lately at this place, and you will oblige many customers, and all genuine friends of the LIBERTY of the people.
THE convention which met at Philadelphia in May last, and which was appointed for the express purpose of revising the articles of confederation and perpetual union of the states, having proposed to the people an entire new plan of government; and the legislature of the state having passed certain resolutions, advising a method of electing deputies to form a convention, to meet for the purpose of considering the said constitution or plan of government, the inhabitants of the county of Ulster and Orange, conceived it to be their duty and privilege to assemble, in order to consult upon a subject appearing to them important, as affecting not only their immediate interest, but also the liberty of their country, which they have upon many occasions given the most decisive proofs that they esteem far more valuable; and although no general notice was given, a very considerable body of respectable inhabitants assembled at this place on Thursday last; when Hendrick Smith was appointed moderator, and after reading and considering the proposed constitution the question was stated, whether they would consent to adopt the plan of government, published by the convention—and every one present declared that they would not; but on the contrary, oppose it as a system calculated to destroy that equal liberty, which they now enjoy, and which is secured by the happy constitution and government which has been established at the expence of the blood and treasure of so many worthy citizens; and to manifest their disapprobation of the scheme and opinion of its pernicious tendency, they caused the said constitution to be burnt in the most public place of the town, with the usual circumstances of disrespect and contempt.
Notwithstanding the great number of persons present upon the occasion, the proceedings were conducted with unanimity and good order, and every one appeared to be impressed with a sense of the importance of the subject, and alarmed by the prospect of those calamities which, it is to be feared, this happy country will soon be involved in, by the machinations of the anti-republican party, which have so lately discovered themselves in different parts of the continent.
Montgomery, Ulster county, State of New-York, Feb. 9. 1788.
Notwithstanding the great number of persons present upon the occasion, the proceedings were conducted with unanimity and good order, and every one appeared to be impressed with a sense of the importance of the subject, and alarmed by the prospect of those calamities which, it is to be feared, this happy country will soon be involved in, by the machinations of the anti-republican party, which have so lately discovered themselves in different parts of the continent.
Montgomery, Ulster county, State of New-York, Feb. 9. 1788.
FRIENDS, and FELLOW-CITIZENS.
SEVERAL respectable lists have made their appearance for candidates in convention, with elucidations of the gentlemen's abilities. The one in Mr. Child's paper, of the 20th current I cannot forbear remarking, as great pains was therein taken, to prove that nomination the most requisite. I presume, if the ghost of that immortal hero selected them in preference, we ought most cheerfully to acquiesce, as the contrary would forbid ominous events. I am persuaded, could that illustrious soldier be consulted, he would not totally exclude the band of worthy patriots whose names are here respectfully offered, as their abilities and integrity have been fully proved. It is certain, that the hon. body of mechanics are too liberal to suppose, they will not be fairly represented in this nomination.
ALEX. HAMILTON, BROOK LIVINGSTON, BENJ. WALKER, ROB. TROUP, MORG. LEWIS, EBEN. STEVANS, AARON BURR, JAS. NICHOLSON, CHANC. LIVINGSTON.
A FREE CITIZEN.
Smith-street, Feb. 27, 1788.
The subscribers to the New-York Journal, &c. in New-Jersey, on the post-road to Philadelphia, are respectfully informed, that their papers will be regularly delivered at the several stage-offices on the road, and at the stage-office in Philadelphia; as well as those for the province, by the new time of stages, which takes place between the cities of New-York and Philadelphia, free of every kind of expence.
At a Court of Probates of the state of New-York, held at the Probate-Office in the City of New-York, on the twenty-seventh day of February, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
PRESENT, The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS George Fowler, and Patience his wife, which said Patience is executrix of Garret Miller, late of Cornwall precinct, in the county of Orange, yeoman, deceased, have, by their petition presented to the said judge, set forth, that the said Garret Miller was at the time of his death seized of a real estate within this state, that the petitioners have made a just and true account of the personal estate and debts of the said Garret Miller, as far as they had been able to discover the same, and that thereby it appeared that the personal estate of the said Garret Miller was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "an act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; thereupon it is ordered by the said judge, that all persons interested in the estate of the said Garret Miller, do appear before the judge of the said court of probates, at the probate office, in the city of New-York on the fourteenth day of April next, to the cause, if any they have, why so much of the real estate whereof the said Garret Miller died seized, should not be sold as will be sufficient to pay his debts.
29 4w. th. PETER OGILVIE.
At a Court of Probates of the State of New-York, held at the Probate Office in the city of New-York, on the 27th day of February in the year of our Lord one thousand seven hundred and eighty-eight.
PRESENT, The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS Samuel B. Weil, administrator of Richard Barker late of the said city merchant deceased with his will annexed, hath by his petition, presented to the said judge, set forth, that the said Richard Barker was, at the time of his death, seized of a real estate within this state, that the petitioner hath made a just and true account of the personal estate and debts of the said Richard Barker as far as he had been able to discover the same, and that thereby it appeared, that the personal estate of the said Richard Barker, was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators and for proving wills respecting real estates," and the said petitioner hath delivered to the said judge the account in the said petition mentioned; thereupon it is ordered by the said judge, that all persons interested in the estate of the said R. Barker, do appear before the judge of the said court of Probates, at the Probate-Office in the city of New-York, on the fourteenth day of April next, to the cause, if any they have, why so much of the real estate whereof the said Richard Barker died seized should not be sold, as will be sufficient to pay his debts.
29 4w. th. PETER OGILVIE.
A YOUNG married woman with a good breast of milk, would be glad to take a child to nurse.—Enquire at No. 30 Little George-street. 29 c.d. 10 t.
THE NEW LINE OF STAGES.
THE Proprietors of the New-Line of STAGES, finding many inconveniences arise both to the respectable public and themselves from inattention to business; in future they are determined to use every endeavor to serve the public, and with encouragement only in proportion to their exertions and attention to their business.
From the date hereof the fare will be from Powles-Hook to Philadelphia, and from Philadelphia to Powles-Hook, three Spanish milled dollars, and all way passengers four pence per mile, 150lb. of baggage to be the same as a passenger; Printers papers and letters will be conveyed gratis; convenient portmanteaus are provided for that purpose.
The Stages leave Powles-Hook at 9 o'clock, T. M. every day for Philadelphia, except Saturday.
JOHN CUMMING, MATTHIUS WARD, THOMAS EGBERT, JOHN GULICK, ROBERT STOCKTON, DAVID HAMILTON, JOS. VANDEGRIFT, MICHAEL DENNISTON,
N. B. Papers, Letters, &c. to be sent to Christopher Beckman's, Cortlandt Street, where the Stage Office is kept. 29 c.d. February 19, 1788.
WANTED.
As early as possible, A PERSON who perfectly understands the GARDENING BUSINESS, at the same time can do other work relating to a FARM.—As it will be required of him to go into the country, for this purpose it is wished that he may be an honest, attentive, and a decent man—indeed none other need apply.—A person of this character, who would incline to follow this business, will meet with every encouragement by making early application at No. 67, Wall-street. New-York, Feb. 27, 1788. 29 c.d.
At a court of Probates of the state of New-York, held at the Probate-Office in the city of New-York, on the twentieth day of February, in the year of our Lord one thousand seven hundred and eighty-eight.
PRESENT, The Hon. PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS William Howland, administrator of Israel Howland, late of Pawling's Precinct in Dutchess county, farmer, deceased, hath by his petition presented to the said judge, set forth, that the said Israel Howland, was, at the time of his death, seized of a real estate within this state, that the petitioner had made a just and true account of the personal estate and debts of the said Israel Howland as far as he had been able to discover the same, and that thereby it appeared, that the personal estate of the said Israel Howland was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises according to the directions of the act, entitled, "An act for the relief of creditors, against heirs, devisees, executors and administrators, and for proving wills respecting real estates" and the said petitioner hath delivered to the said judge the account in the said petition mentioned. Hereupon it is ordered by the said judge that all persons interested in the estate of the said Israel Howland, do appear before the judge of the said court of Probates at the Probate-Office in the city of New-York, on the seventh day of April next to the cause if any they have why so much of the real estate whereof the said Israel Howland, died, seized, should not be sold as will be sufficient to pay his debts.
22th 4w. PETER OGILVIE.
At a Court of Probates of the State of New-York, held at the Probate-Office, in the City of New-York, on the twentieth Day of February, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
PRESENT, The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Robert Walker of Pawling's Precinct, in Dutchess county, carpenter, and Mary his wife, late Mary Briggs, (which said Mary is executrix of Prince Briggs late of Dutchess county, and late of New-York, deceased) have by their petition presented to the said judge, set forth, that the said Prince Briggs was at the time of his death seized of a real estate within this state, that the petitioners had made a just and true account of the personal estate and debts of the said Prince Briggs as far as they have been able to discover the same, and that thereby it appeared that the personal estate of the said Prince Briggs was insufficient to pay his debts and therefore requested the aid of the said judge in the premises, according to the directions of the act "entitled an act for the relief of creditors against heirs, devisees, executors and administrators and for proving wills respecting real estates." And the said petitioners have delivered to the said judge the account in the said petition mentioned. Hereupon it is ordered by the said judge that all persons interested in the estate of the said Prince Briggs do appear before the judge of the said court of Probates at the Probate-Office, in the city of New-York, on the seventh day of April next, to the cause, if any they have, why so much of the real estate whereof the said Prince Briggs, died, seized, should not be sold as will be sufficient to pay his debts.
28 4w. PETER OGILVIE.
Government Securities.
CASH, and a generous price, will be given for such as are generally called FINAL SETTLEMENTS, LOAN OFFICE, those signed by J. Nourse, and INTEREST FACILITIES—Also, those of this state, Connecticut, New-Jersey, and Pennsylvania. Enquire at No. 90. Queen-street.
JACOB REED, jun. Who also Exchanges and Re-exchanges the Paper Currency of this State, and SPECIE;
And negotiates on Commission any Business respecting the Public Funds. New-York, Feb. 21, 1788. 24 c.d.

POET'S CORNER.
For the DAILY PATRIOTIC REGISTER.
ODE TO CUPID.
THOU, whose envenom'd arrow flies Rebels from sweet M—rg—u's eyes, Where with thy mother's image charm'd, In Ceytherian brightness arm'd! Thou piercest the delusive dart To th' inmost folding of my heart. See how the cherish'd poison glows, O'er my disorder'd senses flows; On seas of rapture I am toss'd, 'Till, in the wild emotion, toss'd, O bid that head'n. where you rest, Assuage this transport in my breast; The poignancy from thy sting remove, And ease this agony of love: Or quickly turn thine erring aim; A triumph o'er my soul disclaim; The venom from thy wound recall, And let a nobler victim fall. New-York, February 16, 1788.
Alfize of BREAD.
As Established December 5, 1787. A Loaf of inspected superfine Wheat Flower, weigh Two Pounds Five Ounces for six-pence. A Loaf of Rye Flour to weigh One Pound Twelve Ounces for three-pence.
HIGH WATER.
This Day, February 28. 2h. 24m. Morn.
THOMAS SMITH,
BOOT and SHOE MAKER,
LEATHER CUTTER,
AND CURRIER,
Queen-street, No. 179, corner of Beekman or Chapel Street,
BEGS leave to inform his friends, and the public in general, that he carries on the above branches in an extensive manner. He makes and sells the following articles, wholesale and retail, viz.
  Gentlemen's best boots with the best English legs and bend-foles, bound with Morocco, 2 12   Gentlemen's best boots turned down tops, best English legs and bend-foles, 2 10 0   Gentlemen's best boots with the best York legs and bend-foles, bound with Morocco, 2 8 0   Ditto best-plain, ditto, York legs and bend-foles, 2 4 0   Ditto ditto, with York legs and foles, 2 0 0   Best water boots with bend foles, 1 0 0   Gentlemen's best calf-skin shoes with bound tops, 0 11 0   Mens strong shoes from 8/ to 0 9 0   Ladies best silk shoes, 1 0 0   Ditto ditto, stuff ditto satinets or cali- manco, 0 10 0   Ditto ditto, leather lined and bound, 0 9 0   Ditto do. do. common, 0 8 0   Boys, Girls, and childrens shoes of all kind. 
As also, all kinds of leather whether for shoe makers, saddlers, or harness makers use.—English boot-legs, bend-foles as usual.
He wishes to inform the public, that, as he is determined to sell on the most reasonable terms, no credit on any account will be given, except to those of his former customers.
And likewise, that no shoes will sent to any one for trial except they be very well known, as he has already suffered too much loss on that account.
Country store keepers, and others, will find it to their advantage to deal at the above store, as they can be supplied with upper leathers, foles, half foles, &c. by the dozen, on the most reasonable terms.
Black-ballof an excellent quality for cleaning boots or shoes, wholesale and retail.
N. B. Rough leather taken in and curried on the most reasonable terms. 24—e.d.
AT THE TANNER Y,
Near the Fresh-Water Pond,
MAY be had of the subscriber, a quantity of excellent SOLE and UPPER- LEATHER, tanned in the English mode, equal to any manufactured in America. He proposes, for country dealers, to supply on terms that will enable them to make large profits;—for city consumption, such as will establish the Shoe Manu- factories, and procure them a run of custom— for ships use, as good in quality, as that imported from England, and at a much less price.
Cash, Bark, raw Hides or Calve Skins taken in exchange. ISAAC COULTHARD.
N. B. A Currier, Master of his Business is wanted immediately—Apply as above. 40—ed
A Few COPIES of the Conductor Generalis,
To be SOLD, At this PRINTING OFFICE.
Just published by M. CARY, In Philadelphia, and now to be SOLD, By THOMAS ALLEN, Book-Seller, in Queen-street, New-York, (by whom Subscriptions are received)
THE American Museum,
FOR JANUARY, 1788.
CONTAINING,
Miscellanies.
ORATION in commemoration of American Independence.
Address delivered by the Rev. Samuel Magaw's.
New method of placing a meridian mark, by
David Rittenhouse, Esq.
Observations on the aurora borealis—by the Rev.
Jeremy Belknap,
Observations and experiments on the sweet springs
—by James Madison, Esq.
Method of making steel.
Letter on marriage,
Antifederal arguments,
Letter to the hon. R. H. Lee.
Salire,
On musical pretenders,
Recipe for an insolvent debtor,
Directions to conduct a newspaper quarrel, accord- ing to the best mode now in practice.
Rural Concerns.
Notes on farming—by the hon. C. T. Esq.
Method of making potash in Hungary and Po- land,
Thoughts on the culture of hemp,
Method of breaking fleers to the draft in a few days,
On the culture of silk.
Law Information,
Law case—Court of common pleas, Charleston,
Law report—Hay vs. Haldimand,
State and other Public papers.
Valedictory address of his Excellency governor
Trumbull,
Resolutions of the legislature of Connecticut,
Letter to governor Randolph,
Letter from do.
Resolutions of the inhabitants of Chowan,
Address of the grand jury of Edenton,
Resolves of the inhabitants of Northampton county
Report of the deputies of Northampton county,
Resolutions of the tradesmen of Boston,
Ratification of the new constitution by the state of
Connecticut,
Official notice presented by Mr. Grenville to the
Comte de Montmorin,
Answer to the preceding notice.
Natural History.
Observations on a comet lately discovered—by
David Rittenhouse, Esq.
Account of a motley coloured or pyed negro girl,
and mulatto boy—by Dr. Morgan,
Letter relative to the engraving fruit-trees and the
growth of vegetables—by General Lincoln,
Observations on the growth of trees downwards
after the first year.
Some account of the opossum.
Medical Tracts.
Letter on the fore throat distemper,
Letter on the digitalis purpurea,
An inestimable dissolvent for human calculi.
Selected Poetry.
A poem, addressed to the people of Virginia, on
New-Year's day, 1788.
Monitory epistle, addressed to a young lady,
A riddle.
Foreign Intelligence, American do.
TO BE SOLD
For JERSEY MONEY at full Value,
Or exchanged for any Property in New-York, or
bartered for West-India or DRY GOODS,
At Market Price,
A Valuable Farm,
SITUATE in Woodbridge town- ship, in the county of Essex, New-Jersey, within a quarter of a mile of the main road from Woodbridge to Brunswic, about eight miles dis- tant from the latter, and three and a half from Perth Amboy, consisting of one hundred and se- venty acres, a third part of which is excellent MEADOW; a sufficiency of fire-wood, with a handsome piece of thrifty young timber.
The plough-land equal to any in that part of the country; the whole under good fence.
On the premises is a good house, kitchen, and barn; and an excellent spring of wa- ter near the door; to which is added, fifteen acres, or thereabouts, of salt marsh, on the Rariton, about one mile from the farm.
This place is well known by the name of CLAWSON'S FARM.
For terms of sale enquire of Mr. Joseph Bindon, merchant, New-York, or Mr. Ben- jamin Thompson, near Morris-Town.
New-York, Jan. 24, 1788. 99—e.d.
PRIZE-MONEY,
Of the Squadron under John Paul Jones, Esquire
NOTICE is hereby given to those
officers and men of the Frigates Alliance and Bon homme Richard, who are entitled to a share in the prizes taken by the Squadron under the com- mand of John Paul Jones, Esq. that a division has been made of the proceeds of such prizes as were sold in France, and that the shares will be paid to the respective claimants, on their legal representa- tives, on their producing, at this office, sufficient proof that they are the persons, or are empowered by the persons actually entitled to the shares they respectively claim.
Benjamin Walker, Commissioner.
Office of accounts, Marine department.
This day is PUBLISHED, By HUGH GAIN, E At the BIBLE, in HANOVER-SQUARE,
THE Conductor Generalis;
OR the office, duty and authority of justices of the peace, high-sheriffs, under sheriffs, coroners, constables, goalers, jurymen, and overseers of the poor. As also the office of clerks of assize, and of the peace, &c.
Compiled chiefly from Burns' justice, and several other books on those subjects,
By JAMES PARKER,
Late one of the justices of the peace for Middlesex County, in New-Jersey; and now revised and adapted to the United States of America.
By a GENTLEMEN of the LAW.
The whole alphabetically digested under the se- veral titles; with a table, directing to the ready finding out the proper matter under those titles.
To which are added,
(Above what is in any other edition of this work) The act called the TEN POUND ACT, and the
MILITIA LAW of the state of New-York.
Jan. 7, 1788. 11 th. 4w.
FOR SALE,
At the STORE of
Mr. Barnt Deklyn,
No. 39, Maiden-Lane, near the FLY-MARKET,
the following
GOODS,
Which will be SOLD at the most reduced
Prices, to wit.
  A VARIETY of Cotton Checks,   Mantuas and other Spotted and plain Vel-   Gown Silks, verets,   Sarcenets, A variety of Gloves and   Peelongs, and Fans,   Modes, Linens,   Chintzes, Sheetings, and   Printed Linens, and Oznaburgs,   Cottons, Marseilles Quilting,   Fancy Shawls and Fancy Jacket Patterns,   Handkerchiefs, A variety of Plumes   Jeans, and Ribbands,   Jeannets, and Fancy Shoe Buckles and   India Dimities, Buttons.   A quantity of Linen and 
With a Variety of other Articles,
Which he is determined to SELL low, for Jersey
(upon the face of the Bill) New-York, or Penn.
Sylvania PAPER MONEY.
Just PUBLISHED, and to be Sold at this OFFICE,
No. 25, Water-street,
The American Calculator, or
Counting-House COMPANION,
CONTAINING,
A TABLE, ascertaining the value of sundry coins in gold, as regulated by the Chamber of Commerce in this city, and shewing at one view their value in the several currencies of New-York, North-Carolina, and Great-Britain. A Collection of Tables, shewing, at one view, the amount of any number (under 10,000) of Dollars, French and English Crowns, Half Joes, French and English Guineas, &c. as they pass through the United States A Table of Guineas, as they pass in England and Ireland. Rules for the ready reducing the curren- cies of the United States, from the currency of one state into the currency of any other of the United States; and for reducing the currencies of the United States into Sterling, and Sterling into the cu- rencies of the said states. Rules for reducing Eng- lish Money into Irish, and Irish Money into Eng- lish, according to the par of exchange between both kingdoms. Five different tables of the coins of the United States of America, agreeable to a resolve of Congress of the 8th August, 1787, viz. a Table of Half Dollars, a Table of Dimes, a Table of Cents, and a table of Mills; calculated to render familiar the proper mode of counting said Money.
This Book is intended for the convenience of Merchants, &c. in the United States, by Francis Healy, Accomptant.
Price 1f. 6d. single. The usual discount to Booksellers, and others, who may purchase by the Hundred, Dozen, &c.
** Also may be had of Messieurs Campbell, Reid, Allen, Macgill, and Mills, Booksellers.
Masters & Owners of Vessels
Are hereby informed,
THAT they may be supplied with cables, large or small, of any length, and cord- age of all sizes, made of Petersburg hemp, first quality, at Ivers's Rope-walk, at the head of Mul- berry-street, the first left hand turn above the Tea- Water Pump, on such favourable terms as to in- vite the attention of any gentleman that would wish to lay out his money to the best advantage. Cables spliced, with the addition of any length required, white rope of every sort for city or country use, hambro lin, deep sea lines, hand lead lines, log lines, house lines, and marine, &c. &c. by
H. IVERS, Ropemaker.
N. B. The above articles, whether in large or small quantities, will be delivered to any part of the city without expence of cartage to the buyer.
New-York, Dec. 7, 1787. 58 e.d.
FLAX-SEED,
STORED, Cleaned, Purchased and Sold at HARTELL and WOODWARD's Flax-feed store lately occupied by Mr. JACOB SARLY, last by Mr. Nash, between Van Zandt's and Murray's Wharves. 38—e.d.
Just imported in the Jeane, Captain Martin, from Glasgow, by
Samuel Campbell,
No. 44 Hanover-square, Corner of the Old-Slip, A large assortment of
BOOKS,
Among which are,
THE present state of Nova-Scotia, with an ac- count of Canada; Whitaker's vindication of Mary, Queen of Scots, 3 vol. Miss Grenville, a new novel, 3 vol. Maria, or the Generous Ruffian; Alexander's history of women; Bolinbroke's Mis- cellanies; Blair's Lectures, 3 vol. Sully's Me- moirs, 5 vol. Cullen's Practice, 4 vol. New-Edin- burgh Dispensatory; Smith's Cookery; Martin's Young Gentlemen and Ladies Philosophy, 3 vol. A variety of the best Classics now in use.
S. CAMPBELL has this day published, GULLIVER REVIVED,
CONTAINING singular travels, campaigns, voyages and adventures, in Russia, Iceland, Turkey, Egypt, Gibraltar, up the Mediterranean, and on the Atlantic ocean: Also an account of a voyage into the moon, with many extraordinary particulars relative to the cooking animal in that planet, which are here called the human species, by Baron Munchausen; the 4th edition, considerably enlarged.
DR. SPEDIAUR'S PRACTICAL OBSERVA- TIONS on the VENEREAL DISEASE; describing the various symptoms, and method of cure in every different state. The third edition, corrected. Price only five shillings sewed.
N. B. The great demand for this treatise, the account of it giving by the Reviewers, and the large extracts made from it by Dr. Duncan, in his medi- cal commentaries, with the recommendation of se- veral eminent Doctors of this city, has induced the editor to present the public with an American edi- tion of the work, printed correctly from the last London edit. and reduced to less than two thirds of the price.
With a great variety of STATIONARY in particular, pocket-books, ink-holders, paper, blank books, quills, wax, wafers, &c.
N. B. SAMUEL CAMPBELL returns his fin- cere thanks to his customers, and those who have purchased Books or Stationary at his store, and hopes, by his assiduity and attention in keeping an universal assortment of books, and the reasonable prices he sell at, will insure a further continuance of their favors The European, Political, Edinburgh, and Scots
MAGAZINES.
THE PUBLIC
ARE RESPECTFULLY INFORMED, THAT the subscriber has lately removed from Princeton, New-Jersey to this city, and now keeps the house lately kept by Tal- mage Hall, No. 49, Cortland-street (commonly known by the Bolton, Albany, and Philadelphia General stage-office) and has agreed with the pro- prietors of the Albany and Boston stages, to make his house the public stage-house. Those ladies and gentlemen who wish to take passage in either of these stages, will please to leave their names with the subscriber the evening before the stage's departure; gentlemen passengers and others, are informed that the subscriber keeps a house of en- tertainment; and accommodates gentlemen with boarding and lodging. Every attention will be paid to those who please to favour him with their custom.
N. B. The gentlemen of the city are informed that the subscriber has a large convenient assembly room, which he proposes to let during the winter season, or longer if required.
CHRISTOPHER BEEKMAN,
New-York, Nov. 13, 1787. 51—th.
STAGE.