Gazette of the United States, & Philadelphia daily advertiser. (Philadelphia [Pa.]), 1799-02-26 00:00:00

Gazette of the United States, AND Philadelphia Daily Advertiser.
By JOHN WARD FENNO, N o 119, CHESNUT-STREET.
NUMBER 2016.]
PHILADELPHIA: TUESDAY EVENING, FEBRUARY 26, 1799.
[VOLUME XV.]
The price of this Gazette is Eight dollars per annum to Subscribers residing in the city of Philadelphia. All others pay one dollar additional, for enclosing and directing; and unless some person in this city will become answerable for the subscription, it must be paid Six Months in advance.
INSURANCE OFFICE.
The subscribers beg leave to inform their friends, in particular, and the public in general, that an office for the INSURANCE OF SHIPPING, is opened at No. 95 South Front-street, where all the public patronage is respectfully solicited.
N. & J. FRAZIER.
For sale by the subscriber, AT PORTSMOUTH (N.H.)
THE HULL
NEW SHIP,
80 feet keel, 27 1-2 beam, 12 feet hold, 5 to between decks; about 330 tons; with masts, spars and all the carpenter's and smith's work completed; built of good found seasoned timber and plank; launched in November, 1796, and has been well taken care of since that time. Further particulars may be known by applying to Messrs. Wharton & Lewis, Philadelphia, or to THOMAS THOMPSON, 33w. 1f.
For Sale,
THE SCHOONER, THREE SISTERS
Is almost a new vessel, carries between six and 700 barrels and sails remarkably fast, when loaded draws about 8 or 8 1-2 feet water, she is in complete order, having all the sails that can be used to advantage, the greater part of them are new. In short she may be sent to sea at a small Expense, and in three or four days notice. For terms apply to Jehu Hollingsworth, & Co. No. 47, Penn-street.
For FREIGHT or CHARTER, to any part of EUROPE,
The Swedish Snow MARIA.
A remarkably good vessel, about 320 tons burthen. A freight to Cadiz, or any part of the Mediterranean would be preferred. Enquire of the Captain on board at Vine-Street Wharf.
HANS OLOF KOCK, commander.
SHIP BROKER'S OFFICE,
And Commission Store, No. 119, SOUTH FRONT STREET, Next door to the Custom House.
THE Subscriber, encouraged by the advice of his friends, offers his service to the public as a Ship and Insurance Broker. He proposes to buy and sell vessels and every thing relating thereto—assist masters of vessels and others in entering and clearing at the Custom House, procuring and shipping freight, settling Insurance and all other mercantile accounts, and have on hand the necessary Blanks and Stamps. Papers in foreign languages translated, and information given in general mercantile matters. From a knowledge gained by long experience of every branch of business he hopes to be useful to those who please to favor him with their commands. SAMUEL EMERY.
Madras Handkerchiefs.
An elegant assortment, just received, And for Sale, by ISAAC LOYD, Next to No. 44, South Wharves.
To be Let,
A House and three Acres of Land,
Pleasantly situated at the Falls of Schuylkill—enquire at the office of the United States Gazette.
Wharf and Stores, For Sale.
THAT valuable Estate about 73 feet 3 inches on Water Street, bounded on the north by Sassafras Street, and extending into the river Delaware, on which are erected very extensive stores and wharf in good repair—plenty of water for the largest ships to lay at the wharf—in every respect a capital situation for any business requiring extensive ware-houses and the convenience of the wharf, or for any person wishing to invest money in real estate, that will produce a handsome income.
Also, sundry valuable Ground Rents, well secured in the city, and of such amounts as to be an object to any person desirous of investing money in that way.
For further particulars enquire of the subscriber, JOHN WARDER, no. 308, North Front Street.
Notice.
TO BE SOLD,
Or exchanged for property in or near Philadelphia,
A FARM of one hundred and forty two acres of Land on the road from New-Port to Lancaster, near London Grove Meeting House, Chester county, the Farm House was formerly used as a Store and Tavern, for further information apply to CHARLES WHARTON, at his house No. 136, South Second-street.
Feb. 18. 12w3w
A quantity of Russia Hemp
Cordage and Bar Iron 25 hogheads Tallow Platilla, Royal Britannica Checks &c. in cases Now landing from the ship Four Friends, Capt. Hubbor, from Hamburg, at Jelfe and Robert Waln's wharf, and for Sale by THOMAS & JOHN KETLAND, Who have on hand, Crates of Earthen Ware Cannon and Cartridges of various sizes Dry white Lead Guns and Pistols assorted in cases Gun Flints in kegs Ships' Makers Claret of a superior quality in cases of 1 to 3 dozen each.
Feb. 13. 12w
Just received per ship Juno, Capt. Wolters,
from Hamburg, Creas & la Morlaix, Dowlas, whole pieces Do. half do. Brown Pistols.
Also on hand,
Russia Horse Hair, curled and uncurled, Do. Deck nail rods, Beandy 4th proof, and Rice. For sale by ISAAC HAZLEHURST & SON. Feb. 13. 12w
CHINA GOODS,
Just received per the ship New-Jersey from Canton AND FOR SALE BY ARCHIBALD MCALL, At his Store No. 187, South Second Street, viz.
An assortment of Teas of the first quality,
White and yellow nankeens Cuffs, silk umbrellas an assortment of china ware, and a variety of SILKS, consisting of Black and colored Lute-string do. do. fatims do. do. senhaws do. do. silk handkerchiefs do. do. sewing silks Black Taffeties Also, 12 pipes of excellent Madeira Wine, fit for immediate use, Jan. 24. 12w
Richard Bayley & Co.
RESPECTFULLY inform the public that the Retail Business carried on by them at their Store No. 136, Market-street, will in future be carried on by Mr. WM. BONNAR, whom they beg leave to recommend to the favor of their friends and the public.
ALL PERSONS indebted to the above firm and those to whom they are indebted, will please to apply to JOHN WARTESIDES & Co. or the settlement of their respective accounts, who are duly empowered for that purpose.
Richard Bayley & Co.
WILLIAM BONNAR,
RESPECTFULLY informs his friends and the public, that the above Store will be opened by him on Monday the 4th of February next, with an assortment of
DRY GOODS,
Suitable to the season, which he flatters himself will meet the approbation of those who honor him with their favor. Jan. 29. 12w
NOTICE.
THE Public are cautioned not to trust any of the people belonging to the Swedish Snow Maria, on my account. Hans Olof Kock, master. Dec. 29. 12w
FOR SALE,
To be EXCHANGED for property within thirty miles of the city, or to let on ground-rent forever Several valuable building Lots, In Philadelphia, Enquire of William M. Biddle, ne. 147, Chesnut-street. Nov. 22. 12w
TO LET,
THE large House in Southwark, lately occupied by Mr. Henry Mitchell; apply to Isaac Wharton. Jan. 11. 12w
FOR SALE,
BY THE SUBSCRIBERS, 14 four pound Cannon, different lengths, 5 Cartridges. JOHN NIXON & CO. December 1. 12w
NOTICE.
Joseph Thomas's Creditors are hereby earnestly requested to furnish their Accounts duly attested, as soon as convenient; thereby to enable the Assignees to form an idea of the state of his affairs; and all those indebted to said THOMAS, are required to make immediate payment to either of the Subscribers. SAMUEL W. FISHER, } Assignees WILLIAM BUCKLEY, } of JOHN HALL. } J. Thomas. Dec. 31. 12w
Hemp & Iron.
The CARGO of the BRIG FANNY, J. Bruzenberg, master, from St. Petersburg, consists of— 89 Bales Hemp, 1634 Bars Iron, 11 Bales Ravens Duck, 3 Ditto Russia Sheeting FOR SALE BY Pratt & Kintzing, No. 95, North Water-street. Feb. 7. 12w
WHO HAVE ALSO FOR SALE.
400 Bales Ticklenburghs and Osnabrugs, 100 Ditto Hessians and Rolls, Creas, Britannicas, Pattembergs, Bielefeld Linen, Checks and Stripes, Brown Holland, Bunting, Sail Twine, Turkey Yarn, Hair Ribbon, Tapes, Bed Ticks, Hog's Bristles, Port Wine, Claret, Salt, Roll Brimstone, German Steel, Sates, Yellow Ochre, Window Glass, Pearl Barley, &c. &c. Feb. 7. 12w
White Oak Logs—or White Oak Pipe—WANTED.
PROPOSALS,
WILL BE RECEIVED,
On or before the 10th day of March,
For the Delivery,
To the Corporation of the City of Philadelphia,
or their agent at any part within the said City
of the whole or part of
104,000 feet, running measure, of
WHITE OAK LOGS,
In lengths of ten or twelve feet,
Or of the same quantity, of
LOGS,
Bored into pipe, counter bored and tapped,
as under:
24,000 feet to measure 13 inches at the thickest
end, if bored, 4 1-2 inch pipe.
16,000 feet to measure 12 inches at the thickest
end, if bored, 4 inch pipe.
64,000 feet to measure 11 inches at the thickest
end, if bored, 3 inch pipe.
104,000
The Logs must be straight and free from shakes
and knots: no faulty logs will on any account be
received. Those who deliver proposals for bored
logs, are requested to mention the price at which
they will deliver the logs unbored, in case it should
be found proper to bore them in Philadelphia.
Proposals in writing will be received by
B. Henry Latrobe, engineer.
South Twelfth Street, the first House from Market-street. Feb. 8. 12w
Bricks Wanted.
PROPOSALS
WILL BE RECEIVED,
On or before the 21st day of the present month,
FOR DELIVERY,
To the Corporation of the City of Philadelphia
or their agent—on any part of Chestnut-street,
George-street, Broad-street, or Center-
Square, between the Schuylkill and
Center-Square, as shall be di-
rected, the whole, or
part of
One Million of sound, hard burned
BRICKS.
No Sammel or piece Bricks will be received—
One half of this quantity will be required to be
delivered before the 21st of March next—the other
before the 15th of May. It is desired that the
proposals may mention the Yard from which the
bricks are intended to be delivered, and that they
be sent in writing to
B. Henry Latrobe, engineer.
South Twelfth Street, the first house from Market-street. Feb. 8. 12w
Just Received,
By the ships Juno, Walers, and Four Friends,
Hubbor, from Hamburg,
AND FOR SALE,
BY THE SUBSCRIBERS,
460 pieces 6-4 quadruples flutes
35 do. 8 4 do.
139 do. creasa la Morlaix
34 do. 9 8 coutils
3 do. 4-4 do.
44 do. 6-3 guigues
20 do. Russia full duck
10 pipes Ricario wine
25 hogheads French brandy
80 do. claret
100 cases, at 4 doz. bottles each } claret of super-
228 do. at 1 doz. do. do. } for quality.
Also on Hand,
11 bales ticklenburghs, at 23 to 28 cents pr. ell
12 do. Wefer linen, at 16 to 20 cents pr. yard
1 box paterbones
5 boxes hollow glass ware
5 cases Russia bristles (first quality)
Erick & Lewis Bollmann, no. 100, Spruce Street. Feb. 13. 12w
For Sale,
Deliverable at Norfolk,
A CARGO of
Honduras Mahogany, & Logwood.
For terms apply to
PHILIPS, CRAMOND, & CO. February 9. 12w
For Sale,
TEN or twelve Tons, Clover & Timothy
HAY,
Of the first quality.—Apply at No. 43.
Almond-street. Jan. 8. 12w
Copper Warehouse,
Late ALEXANDER BISLAND, & Co.
No. 201, MARKET-STREET,
ROBERT KID,
HAVING purchased the Stock of the above firm,
Solicits the patronage of the public and their
friends; where they may depend on being served on
the very best terms with the following goods:
A general assortment of Copper Bottoms
and Sheets, for Copper Smiths and other purposes,
Pig and Bar Lead,
Black Tin and Crowley Steel,
Tin in Boxes, and Brass Kettles in Nets,
With a large and general assortment of Ironmongery. Feb. 16. 12w
JOHN DOBBIN,
BOOT & SHOEMAKER.
RESPECTFULLY informs his Friends and
the Public in general that he carries on his
business at No 99 South Second-street, nearly oppo-
site the Merchants Coffee-house where gen-
lemen may be supplied in the neatest and best
manner—he assures those who may please to fa-
UNITED STATES
vs.
CAPTAIN THOMAS LEWIS.
AT a general Court-martial,
held at the city of Trenton, on Saturday, the
twentieth of October, one thousand seven
hundred and ninety-eight; pursuant to a
warrant from James M c Henry, Esquire, Sec-
retary for the Department of War, to in-
vestigate, try, and determine upon, certain
charges and specifications, alleged against
Captain Thomas Lewis:
The following members were present, viz.
Captain MANLOF FORD, President.
Captains. Lieutenants.
George Ingersoll, John McLellan,
James Stille, Theodore Merminger,
Samuel Vance, William Wilson,
Walter L. Coehran, Geo. W. Carmichael.
The prisoner challenged Lt. George W.
Carmichael, and the Secretary at War, in
lieu of him, appointed lieutenant Ebenezer
Maffly.
The court being sworn, proceeded to busi-
ness, and the charges as exhibited by major
Thomas H. Cushing, were read, and were as
follows:
Philadelphia, July 20, 1798.
"Captain Thomas Lewis, of the army of
the United States, is hereby ordered in arrest,
on the following charges, viz.
1st. For behaving in a scandalous, and infa-
mamous manner, such as is unbecoming an officer
and a gentleman.
2d. In writing me a note on the 18th
instant, containing these words, viz.
"For your villainous interference against
a just claim, which I had before Congress, I
am determined to punish you;" thereby
falsely insinuating that I had been guilty of
villainous conduct: in a style as ungentle-
manlike as it is false.
2d. In refusing to demonstrate, that I had

major Cushing and myself, in which, in his opinion, major Cushing had been disgraced; in revenge for which he conceived it likely that he had used this method of injuring me; that Mr. Davis had been informed at this information, and said that he never before heard of this quarrel, which however, occurred to him for the conduct major Cushing had observed towards him upon the subject of the said claim when it was before the House of Representatives; that Mr. Davis added that he and major Cushing had, at that time, lodged together, and that major Cushing had labored to convince him that my claim was unjust—that the appointment of me as aid-de-camp had been given to me by the commander in chief, not for the good of the service, but merely to serve and gratify me; and that such an appointment never was necessary. That he (Mr. Strother) had replied, that on my arrival he should certainly inform me of this circumstance, for which it was probable major Cushing would be punished.
Of this, I was on my arrival here, informed, by Mr. Strother. Of the truth and accuracy of the information I neither have, nor ever had the least doubt. Under a full impression of its truth I acted as has already appeared to the court; and the question to be determined is, whether, under the circumstances of the case, my behaviour was scandalous, infamous, and unbecoming an officer and a gentleman.
To form a correct judgment on this head, it is necessary to examine the specifications, and the proofs, since if the particular charges, and the evidence brought to support them do not designate and prove a behaviour scandalous, infamous and unbecoming an officer, and a gentleman, it is not in the power of my accuser to make it so; and the conclusion drawn by him, in order to bring the case within a particular article of the war, must fail, and the prosecution with it.
The behaviour imputed to me is charged to consist,
1st. In writing a note to major Cushing on the 20th of July, containing these words, viz. "For your villainous interference against a just claim which I had before Congress, I am determined to punish you." Thereby falsely insinuating that major Cushing had been guilty of "villainous conduct, and in a style ungentleman-like as it is false."
2d. In refusing to demonstrate that major Cushing had interfered, as stated, after he had denied the fact and called upon me to prove it."
3d. In publishing in the Coffee House of the City of Philadelphia that major Cushing was a poltroon, and no gentleman, or words to that effect.
The cause of so much of my behaviour, charged as criminal by this specification, as is warranted by the evidence, has been already mentioned, and is, I trust, satisfactorily proved by lieutenant Strother. I had been appointed by the late gallant and patriotic general Wayne one of his aids-de-camp, in a troublesome and hazardous war, and I had reason to believe, that during hard marches, and severe campaigns, I had discharged my duty in a manner that was satisfactory to the general and to all my fellow soldiers, whose good opinions I was ambitious of obtaining. I had conceived I had a just claim against the United States for services which remained unrequited, and had exhibited that claim to Congress for its adjustment; I had seen it sanctioned by a vote of a large majority of one branch of the legislature, and, when I least expected it, I had been rejected by the other branch. I had no doubt but that the members of that branch, as well as the other had acted impartially, and, in their opinions, justly. Such was, however, the nature of my claim as to leave no doubt, on my mind, but that they had been abused and deceived; and that I had been grossly injured by some lurking enemy, who had sought revenge in the sneaky way of bad-biting and secret misrepresentations. I knew that allusions had been industriously and insinuously lamented in the army, and I had seen the commander in chief abused and vilified in the public papers; I knew there had existed in it a party against him, and I also knew that a well intentioned, and well merited attachment to him had rendered many deserving officers as well as myself, obnoxious to the malcontents. It cast my eyes among them in search of the author of the injury done me, and my suspicions immediately fell on major Cushing. I knew him to be in town; I knew that I had, on a former occasion, disgraced him, and I knew him too well to suppose that he would either forgive me, or seek for satisfaction in an open, manly way. With this knowledge, and under these impressions I remained silent until I received from Mr. Strother the information already mentioned. I could not entertain a moment's doubt of the veracity either of him, or the honorable Mr. Davis. The former has verified his statement under the solemn sanction of an oath, administered before you, and that of the former I certainly should procure if I deemed it at all necessary. Judge then, I beseech you, what must my feelings have been when I saw the memory of a general, deservedly dear to every meritorious officer and soldier who had ever fought under him, attempted to be tarnished by a charge of "having appointed me aid-de-camp merely for the purpose of serving me, and without any regard to the good of the service!" ask yourselves what my feelings must have been at seeing malice, not weeping like Cæsar at the death of Pompey, over the grave of its object, but sharpening its edge to mangle all that remained of the officer's and soldier's friends. How sensibly alive must my feelings, as a soldier, have been at my seeing my appointment represented by an enemy, whom I had disgraced, as a mere sinecure! as an office given me merely for the purpose of serving me! and without any regard to the good of the service! and still more so, at finding the same enemy secretly and constantly laboring with a member of Congress before whom my claim had been depending, to convince him that it was unjust, and ought not to have been paid. Yet even all this, it is possible I might have passed over, had it affected me alone; but when I found myself secretly and insidiously charged with living on the public bounty through the corruption of my general—eating his bread without earning it, and to consummate the whole, with exhibiting a claim against the public, which, from the statement, I must know to be altogether unfounded; and when further I considered that the memory of the general who had appointed me was no less involved in this complicated charge of fraud and corruption upon the public, I must confess that I had not sufficient command over my own feelings to suppress them, and I fervently pray that that moment, should it ever arrive when I can, may be my last!—I therefore, on the 18th of July sent, by my friend captain Taylor, a letter to major Cushing, containing the expressions mentioned in the first article of the specifications. The honorable Mr. Davis had, as appears in evidence left Congress and returned to Kentucky before I received his statement from Mr. Strother, or it is probable I should have applied to him on the subject before taking notice of major Cushing. Lieutenant Strother did, it is true, desire me, if I had any doubts respecting the truth of his account to apply to Messrs. Clopton and New, members of Congress from Virginia, who were then in Philadelphia, and who were present at the conversation between him and Mr. Davis.
But as I had no such doubts, and as they could give me no further information than Lieut. Strother had done, I deemed the application unnecessary. From one of these I have received a certificate, corroborating Mr. Strother's statement, to the truth of which, Lieut. Strother, has since sworn.
Permit me now to ask, what is under those circumstances of the case, behaving in a scandalous and infamous manner, such as is unbecoming an officer and a gentleman to write, and send the letter by Captain Taylor? I confess truly it was not; though these epithets might have been justly applied to me, had I not either written at all, or expressed myself in terms more mild. Admitting, or supposing the fact stated in my note, or that it had turned out that Lieut. Strother's information was unfounded; still my behaviour
our would have fallen far short of the terms bestowed on it. It is scandalous or infamous, or behaving in such a manner as is unbecoming an officer and a gentleman to receive an injury, which you have every reason to suppose you have received by the improper conduct of another? Is it scandalous or infamous to threaten to punish wrongs, and to express yourself in terms commensurate to the insult which you have such reason to believe you have received? If not, and surely no soldier will contend for it, this charge must be groundless.
It is the intention with which an act is done that renders it criminal in a greater or lesser degree, or entirely innocent. He who beats another upon apparently well founded information, and under an idea of having been reviled by him, was never yet deemed scandalous and infamous on that account, even though it should afterwards appear that he was mistaken.
It is, however stated that, by that note I "falsely insinuated, that major Cushing had been guilty of villainous conduct." To this I answer, that it must appear I had sufficient reason for believing his conduct to be such as I mentioned; and I am so far from believing the insinuation to be false, as to have no doubt on my mind of its being rightly true.
Major Cushing, it is true, denies having ever interfered with any member of Congress, respecting my claim. But this evidence ought, in my opinion, to be received with many grains of allowance, when the various characters in which he appears in this business as mentioned in the early stage of these remarks, are taken into consideration.
But further, major Cushing admits that he was several times in company with members of Congress when the subject of my claim was mentioned, at which times, it was possible, he might have made such observations as he supposed were proper upon the occasion; but he denies that he ever gave a direct opinion that the claim was improper; and adds, that he never introduced the subject to any Senator or Representative. What idea the major meant to convey, with what he may deem a false conscience, when he says that he never interfered with my claim, is pretty evident from his saying that he never introduced the subject to any Senator or Representative, since he admits that he was several times in company with members of Congress, when the subject of my claim was mentioned, and does not deny having, on those occasions, made use of such observations as he thought proper. Does the major then mean to convey the idea, that he never interfered with my claim, because he never introduced the subject, although in several conversations with members of Congress it was mentioned? It is made use of such observations as he supposed were proper on the occasion? Is not the interference the same in either case; and can it make any material difference whether the subject was introduced by him, or caught hold of and pursued by him whenever it happened to be mentioned by others? But again, the major, if he is to be believed, does not remember what any of these observations were; therefore, the court cannot, from his evidence, form any judgment of these amounting to an improper interference, or not, and of course, a correct opinion can only be formed by considering Mr. Davis's statement, as sworn to by Lieut. Strother.
But there are two parts of the major's evidence in which he seems not to have been sufficiently guarded, and which, if alluded to, will throw how much weight is due to the other parts of his evidence. In one of them he says, "He never gave a direct opinion that my claim was improper." Surely this is a full admission that he gave an indirect opinion of its being so; otherwise he would have denied the one as well as the other.
If I am right in this, I am warranted in saying his conduct was not the less calculated to have its intended effect of doing me an injury, than if it had been conveyed in direct terms, which might have created suspicion, and defeated his object. Every body knows, even without Stern's celebrated lesson on Backbiting, that indirect hints insidiously intended to convey doubts, under an apparent concern, left there may be too much foundation for them, generally do more injury than direct charges.
Again, major Cushing being asked if he did not at any time, when my claim was before Congress, tell Mr. Davis, a member from Kentucky "that the appointment given me by General Wayne was for the purpose of serving me, and not, in his opinion for the good of the service?" answered, that he had no recollection of having said to him, but it is possible he may have made such an observation, but not with a view of injuring me.
After such an admission, how can major Cushing say he never interfered with my claim?—and what credit can be due to such evidence; as to his views, and they can only be judged by his actions.
I have now done with this charge, and am only afraid that I have taken up more time in refuting it than it merited.
The next charge is for behaving in a scandalous and infamous manner, &c. in refusing to demonstrate that major Cushing had interfered as stated, after he had denied the fact, and called on me to prove it.
What kind of demonstration the major required I will not pretend to say; but it is reasonable to suppose it to be nothing short of mathematical, since this is the only kind of demonstration I have any knowledge of. I can, however, assure him that little short would be necessary to convince me of his innocence.
But be this as it may, I had, on a former occasion, been made too well acquainted with the major's mode of explanation, after doing an injury, and being called to an account for it, to consent to meet him for any such purpose. There is but one kind of personal altercation that I can ever agree to have with him, and I know him too well to believe that he will ever agree to that kind of personal altercation with me.—So that our disputes are, probably, drawing to a close.
In addition to this he knew, and I knew, that Mr. Davis had returned to Kentucky, and would not be here for some time. Delays, procrastination, prevarication, and subterfuges I knew to be his usual weapons of defence—they were not mine. The wound inflicted on the memory of General Wayne, and on my honor could not remain for months without a probe. I therefore determined on a speedy remedy in a case that would not admit of delay.
In this determination I was certainly justified by the verbal message brought me by captain Taylor from major Cushing. "That if I persisted in this thing, he, major Cushing, would disgrace me, and that this was the answer he was to bring me."
I will not insult the spirit and feelings of my judges by asking them whether there is any one of them, who, after receiving such a message, would convey an answer through any other medium than the Coffee-house books, or a public newspaper; or, if he could bring himself to express in any other language than that made use of by
Signed. T. LEWIS,
October 30th.
The court assembled pursuant to adjournment. Captain Lewis made his defence, and the court find that the prisoner is not guilty of the charge on which he has been tried, and therefore do acquit him.
(Signed) MAHLON FORD, Capt. Artillerist & Engineers, and President. (Signed) CHARLES WILLING HARE, Judge advocate pro hac.
The President of the United States having fully considered the proceedings of a General Court Martial, which was convened at the city of Trenton, in the state of New-Jersey, by virtue of a warrant issued from the War Office, and sat from the 20th to the 30th, inclusive, October 1798, for the trial of captain Thomas Lewis on the charge and specifications thereof, exhibited in a paper of which the following is a copy, viz.
Philadelphia, 20th July, 1798. Captain Thomas Lewis, of the army of the United States, is hereby ordered in arrest, on the following charge, viz. For behaving in
a scandalous and infamous manner, such as is unbecoming an officer, and a gentleman: 1st. In writing me a note, on the 18th inst. July 1798, containing these words, viz. "For your villainous interference against a just claim which I had before Congress, I am determined to punish you," thereby falsely insinuating that I had been guilty of villainous conduct, and in a style ungentlemanlike as it is false.
2d. In refusing to demonstrate that I had interfered, as stated in the above note, after I had denied the fact, and called on him to prove it.
3d. In publishing in the coffee house of this city, on this day (the 20th July 1798) that major Cushing is a poltroon and no gentleman, or words to that effect, all which, together with other specifications as may be given in full trial, will be fully proven by
T. H. CUSHING, Major 1st Reg't of Infantry in the service of the U. S.
Together with the defence of capt. Lewis, and the sentence of the court, viz. "That the prisoner is not guilty of the charge on which he has been tried, and therefore do acquit him."
I am commanded to make known, that the President approves of the aforesaid sentence, from a conviction that the court could not have done otherwise, than acquit captain Lewis of behaviour that was scandalous and infamous; but is of opinion, that captain Lewis, in the style of his first note to major Cushing, neglected the urbanity and decorum becoming an officer, and in this particular is therefore reprehensible for his error.
GIVEN at the War-Office of the United States, in Philadelphia, this 14th day of January, 1799, and in the 23d year of the Independence of said States. (Signed) JAMES M'HENRY, Secretary of War.
THE foregoing resolution of a general Court Martial, which was convened at the city of Trenton, in the state of New-Jersey, by virtue of a warrant issued from the War Office, and in from the 20th to the 30th inclusive, October 1798, for the trial of captain Thomas Lewis, and the sentence of the court, together with the defence made by captain Lewis, and the approval of the aforesaid sentence by command of the President, are true copies, from the originals, on file, in the War Office of the United States.
JOHN CALDWELL, Ch. Clk. War Deptm. War Office, 6th Feb. 1799.
December 28, 1798.
WHEN the claim of major Thomas Lewis as extra aid-de-camp to general Wayne was before Congress the second time, I assisted major Thomas Cushing in his opinion of the claim. He said it was not founded on law, and he believed the appointment of extra aid was useless and given to Lewis as a matter of convenience, to afford him an opportunity of testing his private business, and that major Lewis had told him so, or words to that import. Other conversation did pass, but the particular words I cannot remember; however, it amounted fully to this, viz. that the claim of Thomas Lewis was unjust, and ought not to be granted.
THOMAS DAVIS.
Major Thomas Lewis. [Capt. Lewis declares that so far from having made use of any of the expressions to Major Cushing, contained in the certificate of Mr. Davis, that he never had a conversation with him at any time on the subject of his appointment as Aid-de-Camp to General Wayne.]
REPORT OF THE COMMITTEE
To whom were referred, on the 12th inst. certain MEMORIALS and PETITIONS complaining of the act, intitled, "an act Concerning Aliens,"
And OTHER LATE ACTS of the Congress of the United States.
[Made the order for this day, Feb. 25.]
The COMMITTEE, to whom were referred the Memorial of sundry inhabitants of the counties of Suffolk and Queen, in the state of New-York; of Essex county in New-Jersey; of the counties of Philadelphia, York, Northampton, Mifflin, Dauphin, Washington, and Cumberland, in Pennsylvania; and of the county of Amelia, in Virginia, complaining of the act, intitled "an act concerning aliens," and other late acts of Congress, submit the following
REPORT:—
IT is the professed object of these petitions to solicit a repeal of the two acts passed during the last session of congress, the one "an act concerning aliens;" the other "an act, in addition to an act for the punishment of certain crimes against the United States," on the ground of their being unconstitutional, oppressive and impolitic.
The committee cannot, however, forbear to notice, that the principal measures hitherto adopted for repelling the aggressions and insults of France have not escaped animadversion.
Complaints are particularly directed against the laws providing a navy—for augmenting the army—authorising a provisional army, and corps of volunteers—for laying a duty on stamped vellum parchment, and paper—assessing and collecting direct taxes—and authorizing loans for the public service.
With these topics of complaint, in some of the petitions, are intermingled invectives against the policy of the government from an early period, and insinuations derogatory to the character of the legislature, and of the administration.
While the committee regret that the public councils should ever be invited to listen to other than expressions of respect, they trust that they have impartially considered the questions referred to their examination, and formed their opinions on a just appreciation of their merits, with a due regard to the authority of government, and the dispassionate judgment of the American people.
The act concerning aliens, and the act in addition to the act, intitled an act for the punishment of certain crimes, shall be first considered.
Their constitutionality is impeached. It is contended, that congress have no power to pass a law for removing aliens.
To this it is answered, that the asylum gi-
ven by a nation to foreigners is mere matter of favor, resolvable at the public will. On this point, abundant authorities might be adduced, but the common practice of nations attests the principle.
The right of removing aliens, as an incident to the power of war and peace according to the theory of the constitution, belongs to the government of the United States. By the 4th section of the 4th article of the constitution, congress is required to protect each state from invasion, and is vested by the 8th section of the 5th article, with power, to make all laws, which shall be proper to carry into effect all powers vested by the constitution in the government of the United States, or in any department, or officer thereof; and to remove from the country, in times of hostility, dangerous aliens, who may be employed in preparing the way for invasion, is a measure necessary for the purpose of preventing invasion, and of course, a measure that congress is empowered to adopt.
The act is said to be unconstitutional, because to remove aliens, is a direct breach of the constitution, which provides, "by the 9th section of the 1st article, that the migration, or importation of such persons as any of the states shall think proper to admit, shall not be prohibited by the congress, prior to the year 1808."
To this, it is answered, first that this section in the constitution was enacted solely to prevent congress from prohibiting, until after a fit period, the importation of slaves, which appears from two considerations. First, that the restriction is confined to the states which were in existence at the time of establishing the constitution; and secondly, that it is to continue only twenty years, for neither of which modifications could there have been the least reason had the restriction been intended to apply, not to slaves particularly, but to all emigrants in general.
Secondly. It is answered, that to prevent emigration in general, is a very different thing from sending off, after their arrival, such emigrants as might abuse the indulgence, by rendering themselves dangerous to the peace or safety of the country, and that if the constitution, in this particular should be so construed, it would prevent congress from driving a body of armed men from the country, who might land with views evidently hostile.
Thirdly. That as the Constitution has given to the states no power, to remove aliens, during the period of the limitation under consideration, in the mean time on the construction assumed, there would be no authority in the country, empowered to fend away dangerous aliens, which cannot be admitted; and that on a supposition the aforesaid restrictive clause included every description of emigrants, the different sections must receive such a construction as shall reconcile them with each other; and according to a fair construction of the different parts of the Constitution, the section cannot be considered as restrictive on the power of congress to fend away dangerous foreigners in times of threatened or actual hostility. And though the United States at the time of passing this act, were not in a state of declared war, they were in a state of partial hostility, and had the power, by law, to provide, as by this act they have done, for removing dangerous aliens.
This law is said to violate that part of the Constitution which provides that the trial of all crimes, except in cases of impeachment shall be by jury; whereas this act inverts the President with power to fend away aliens on his own suspicion, and thus to inflict punishment without trial by jury.
It is answered in the first place, that the Constitution was made for citizens, not for aliens, who of consequence have no rights under it, but remain in the country, and enjoy the benefits of the laws, not as matter of right, but merely as matter of favour and permission, which favour and permission may be withdrawn, whenever the government charged with the general welfare shall judge their further continuance dangerous.
It is answered in the second place, that the provisions in the Constitution relative to presentment and trial of offences by juries, do not apply to the revocation of an asylum given to aliens. Those provisions solely respect crimes, and the alien may be removed without having committed any offence, merely from motives of policy or security. The citizen, being a member of society, has a right to remain in the country, of which he cannot be disfranchised, except for offences first ascertained, on presentment and trial by jury.
It is answered thirdly, that the removal of aliens, though it may be convenient to them, cannot be considered as a punishment inflicted for an offence, but, as before remarked, merely the removal from motives of general safety, of an indulgence which there is no manner bound to grant or continue.
The "Act in addition to an act, intitled an act for the punishment of certain crimes against the United States" commonly called the sedition act, contains provisions of a twofold nature; first, against seditious acts and, second, against libelous and seditious writings. The first have never been complained of, nor has any objection been made to its validity: The objection applies solely to the second; and on the ground, in the first place, that congress have no power by the Constitution to pass any act for punishing libels, no such power being expressly given, and all powers not given to congress, being referred to the states respectively, or the people thereof.
To this objection it is answered, that a law, to punish false, scandalous and malicious writings against the government with intent to stir up sedition, is a law necessary, for carrying into effect the power vested by the Constitution in the government of the United States, and in the departments and officers thereof, and consequently such
a law as Congress may pass; because the direct tendency of such writings is to obstruct the acts of the government by exciting opposition to them, to endanger its existence by rendering it odious and contemptible in the eyes of the people, and to produce seditious combinations against the laws, the power to punish which has never been questioned: because it would be manifestly absurd to suppose that a government might punish sedition, and yet be void of power to prevent it by punishing those acts, which plainly and necessarily lead to it: And because under the general power to make all laws proper and necessary for carrying into effect the powers vested by the Constitution in the government of the United States, Congress has passed many laws for which no express provision can be found in the Constitution, and the constitutionality of which has never been questioned; such as the first section of the act now under consideration, for punishing seditious combinations; the act passed during the present session, for punishing persons who, without authority from the government, shall carry on any correspondence relative to foreign affairs with any foreign government;—the act for the punishment of certain crimes against the United States which defines and punishes misprison of treason; the 10th and 12th sections, which declare the punishment of accessories to piracy, and of persons who shall confederate to become pirates themselves or to induce others to become so,—the 15th section which inflicts a penalty on those who steal or falsify the record of any court of the United States; the 18th and 21st sections, which provide for the punishment of persons committing perjury in any court of the United States, or attempting to bribe any of their judges; the 22d section, which punishes those who obstruct or resist the process of any court of the United States, and the 23d against rescuing the offenders who have been convicted of any capital offence before those courts; provisions, none of which are expressly authorized, but which have been considered as constitutional, because they are necessary and proper for carrying into effect certain powers expressly given to Congress.
It is objected to this act, in the second place, that it is expressly contrary to that part of the constitution which declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the liberty of the press." The act in question is said to be an "abridgement of the liberty of the press," and therefore unconstitutional.
To this it is answered, in the first place, that the liberty of the press consists not in a licence for every man to publish what he pleases, without being liable to punishment if he should abuse this licence to the injury of others; but in a permission to publish without previous restraint, whatever he may think proper, being answerable to the public and individuals, for any abuse of this permission to their prejudice; in like manner as the liberty of speech does not authorize a man to speak malicious calumnies against his neighbours, nor the liberty of action justify him in going by violence into another man's house, or in assaulting any person whom he may meet in the streets. In the several states the liberty of the press has always been understood in this manner, and no other; and the constitution of every state, which has been framed and adopted since the declaration of independence, asserts "the liberty of the press," while in several if not all, their laws provide for the punishment of libelous publications, which would be a manifest absurdity and contradiction, if the liberty of the press meant to publish any and every thing, without being amenable to the laws for the abuse of this licence. According to this just, legal, and universally admitted definition of "the liberty of the press," a law to restrain its licentiousness, in publishing false, scandalous, and malicious libels against the government, cannot be considered as "an abridgement" of its "liberty."
It is answered, in the second place, that the liberty of the press did never extend, according to the laws of any state, or of the United States, or of England, from whence our laws are derived, to the publication of false, scandalous and malicious writings against the government, written or published with intent to do mischief, such publications being unlawful, and punishable in every state; from whence it follows, undeniably, that a law, to punish seditious and malicious publications, is not an abridgement of "the liberty of the press," for it would be a manifest absurdity to say, that a man's liberty was abridged by punishing him for doing that which he never had a liberty to do.
It is answered thirdly, that the act in question cannot be unconstitutional, because it makes nothing penal that was not penal before, and gives no new powers to the court, but is merely declaratory of the common law, and useful for rendering that law more generally known, and more easily understood. This cannot be denied, and if it be admitted, as it must be, that false, scandalous, and malicious libels against the government of the country, published with intent to do mischief, are punishable by the common law; for by the 2d section of the 3d article of the constitution, the judicial power of the United States is expressly extended to all offences arising under the constitution. By the constitution, the government of the United States is established, for many important objects, as the GOVERNMENT OF THE COUNTRY; and libels against that government, therefore, are offences arising under the constitution, and consequently are punishable at common law by the courts of the United States. The act, indeed, is so far from having extended the law, and the power of the court, that it has abridged both, and has enlarged instead of abridging the "liberty of the

press; for at common law, libels against the government might be punished with fine and imprisonment at the discretion of the court, whereas the act limits the fine to two thousand dollars, and the imprisonment to two years; and it also allows the party accused to give the truth in evidence for his justification, which by the common law was expressly forbidden.
And lastly, it is answered, that had the constitution intended to prohibit Congress from legislating at all on the subject of the press, which is the construction whereon the objections to this law are founded, it would have used the same expressions as in that part of the clause which relates to religion, and religious tests; whereas the words are wholly different: "Congress, shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or the press." Here it is manifest that the constitution intended to prohibit Congress from legislating at all on the subject of religious establishments, and the prohibition is made in the most express terms. Had the same intention prevailed respecting the press, the same expressions would have been used, and Congress would have been prohibited from passing any law respecting the press. They are not, however, prohibited from legislating at all on the subject, but merely from abridging the liberty of the press. It is evident they may legislate respecting the press, may pass laws for its regulation, and to punish those who pervert it into an engine of mischief, provided those laws do not "abridge" its "liberty." Its liberty, according to the well-known and universally admitted definition, consists in permission to publish, without any previous restraint upon the press, and not one to inflict punishment on wicked and malicious publications, would be a law to abridge the liberty of the press, and as such, unconstitutional.
The foregoing reasoning is submitted as vindicating the validity of the laws in question.
Although the committee believe that each of the measures adopted by Congress during the last session, is susceptible of an analytical justification, on the principles of the constitution, and national policy, yet they prefer to rest their vindication on the true ground of considering them as parts of a general system of defence, adapted to a crisis of extraordinary difficulty and danger.
It cannot be denied that the power to declare war; to raise and support armies; to provide and maintain a navy; to suppress insurrections, and repel invasions, and also the power to defray the expense by loans or taxes, are vested in Congress. Unfortunately for the present generation of mankind, a contest has arisen and rages with unabated ferocity, which has desolated the fairest portions of Europe, and shaken the fabric of society through the civilized world. From the nature and effects of this contest, as developed in the experience of nations, melancholy differences must be drawn, that it is unfeignedly the restraints which have either designated the objects, limited the duration, or mitigated the horrors of national contentions. In the internal history of France, and in the conduct of her forces and partisans in the countries which have fallen under her power, the public councils of our country were required to discern the dangers which threatened the United States, and to guard not only against the usual consequences of war, but also against the effects of an unprecedented combination to establish new principles of social action, on the subversion of religion, morality, law and government. Will it be said, that the raising of a small army, and an eventual provision for drawing into the public service a considerable proportion of the whole force of the country, was in such a crisis unwise, or improvident?
If such should be the assertion, let it be candidly considered, whether some of our fertile and flourishing states did not, six months since, present as alluring objects for the gratification of ambition or cupidity as the inhospitable climate of Egypt. What then appeared to be the comparative difficulties between invading America and subverting the British power in the East-Indies? If this was a professed, not real object, of the enterprize, let it be asked, if the Sultan of the Ottoman Empire was not really the friend of France, at the time when his unsuspecting dependencies were invaded; and whether the United States were not at the same time loaded with insults and assailed with hostility? If however, it be asserted, that the system of France is hostile only to despotic, or monarchical governments, and that our security arises from the form of our Constitution, let Switzerland, first divided and disarmed by perfidious seductions, now agonized by relentless power, illustrate the consequences of similar credulity. Is it necessary at this time to vindicate the naval armament; rather may not the inquiry be boldly made, whether the guardians of the public weal would not have deserved and received the reproaches of every patriotic American, if a contemptible naval force had been longer permitted to intercept our necessary supplies, destroy our principal source of revenue, and seize, at the entrance of our harbours and rivers, the product of our industry destined to our foreign markets? If such injuries were at all to be repelled, is not the restriction which confined captures by our ships solely to armed vessels of France a sufficient proof of our moderation?
If therefore naval and military preparations were necessary, a provision of fund to defray the consequent expenses was of course indispensable; a review of all the measures that have been adopted since the establishment of the government, will prove that Congress have not been unmindful of the wishes of the American people, to avoid an accumulation of the public debt; and the success which has attended these measures, affords conclusive evidence of the sincerity of their intentions. But to purchase sufficient quantities of military supplies, to establish a navy, and provide for all the contingencies
of an army, with its recourse to new taxes and loans, was impracticable; both measures were in fact adopted—in devising a mode of taxation the convenience and ease of the least wealthy class of the people were consulted as much as possible, and although the expenses of assessment have furnished a topic of complaint, it is found that the allowances are barely sufficient to ensure the execution of the law, even aided as they are by the disinterested and patriotic exertions of worthy citizens—besides it ought to be remembered that the expenses of organizing a new system, should not on any principle, be regarded as permanent burden on the public.
In authorizing a loan of money, Congress have not been inattentive to prevent a permanent debt; in this particular also the public opinion and interest have been consulted. On considering the law, as well as the manner in which it is proposed to be carried into execution, the Committee are well satisfied in finding any excess in the immediate charge upon the revenue, is likely to be compensated by the facility of redemption, which is secured to the government.
The Alien and Sedition acts so called, form a part, and, in the opinion of the committee, an essential part of these precautionary and protective measures, adopted for our security.
France appears to have an organized system of conduct towards foreign nations—to bring them within the sphere, and under the dominion of her influence and controul. It has been unremittently pursued under all the changes of her internal polity. Her means are in wonderful coincidence with her ends:—Among these, and not least successful, is the direction and employment of the active and versatile talents of her citizens abroad, as emissaries and spies. With a numerous body of French citizens and other foreigners, and admonished by the passing scene in other countries, as well as by aspects in our own knowing they had the power, and believing it to be their duty, Congress passed the law respecting Aliens, directing the dangerous and suspected, to be removed and leaving to the inoffensive and peaceable a safe asylum.
The principles of the sedition law, so called, are among the most ancient principles of our government. They have been ingrafted into statutes, or practised upon as maxims of the common law, according as occasion required. They were often and justly applied in the revolutionary war. It is not strange, that now they should be denounced as oppressive, when they have long been recognized in the jurisprudence of these states!
The necessity that dictated these acts in the opinion of the committee still exists.
So eccentric are the movements of the French government, we can form no opinion of their future designs towards our country. They may recede from the tone of menace and insolence, to employ the arts of seduction, before they astonish us with their ultimate designs. Our safety consists in the wisdom of the public councils, a co-operation on the part of the people with the government, by supporting the measures provided for repelling aggression, and an obedience to the social laws.
After a particular and general review of the whole subject referred to their consideration, the committee see no ground for rescinding these acts of the Legislature. The complaints preferred by some of the petitioners may be fairly attributed to a diversity of sentiment naturally to be expected, among a people of various habits and education, widely dispersed over an extensive country—the innocent misconceptions of the American people will, however, yield to reflection and argument, and from them no danger is to be apprehended.
In such of the petitions, as are conceived in a style of vehement and acrimonious remonstrance, the committee perceive too plain indications of the principles of that exotic system which convulses the civilized world. With this system, however organized, the public councils cannot safely parley, or temporize, whether it assumes the guise of patriotism to mislead the affections of the people—whether it be employed in forming projects of local and eccentric ambition, or shall appear in the more generous form of open hostility, it ought to be regarded as the bane of public as well as private tranquility and order.
Those to whom the management of public affairs is now confided, cannot be justified in yielding any established principles of law or government to the suggestions of modern theory; their duty requires them to respect the lessons of experience, and transmit to posterity the civil and religious privileges which are the birthright of our country, and which it was the great object of our happy constitution to secure and perpetuate.
Impressed with these sentiments, the Committee beg leave to report the following resolutions:
Resolved, That it is inexpedient to repeal the act passed the last session, intitled "An act concerning aliens."
Resolved, That it is inexpedient to repeal the act passed the last session, intitled "An act in addition to the act intitled 'An act for the punishment of certain crimes against the United States.'"
Resolved, That it is inexpedient to repeal any of the laws respecting the navy, military establishment, or revenue of the United States.
IN pursuance of a resolve of the President and Managers of the Delaware and Schuylkill Canal Company, The Stockholders are hereby notified and required to pay ten dollars on each of their respective shares of stock, on or before the first day of March next, to the Treasurer of the Company at their office near the Bank of Pennsylvania.
Extract from the minutes, GEORGE WORRALL, Sec'y. WILLIAM GOVETT, Treasurer. Jan. 25. 1799.
The Gazette. PHILADELPHIA, TUESDAY EVENING, FEBRUARY 26.
MR. REGIS LEBLANC.
SIR, WHEN a foreigner, under whatever garb he may think proper to assume, either as an acknowledged character or not, takes upon himself, after the manner of Mr. Genet and other authorised agents of the French republic, to address or appeal to the people of the United States, in order to vindicate their unparallelled aggressions, it is of little consequence in what manner it is done, whether by a direct address, or in the form of a letter to an individual. As you have chosen the latter mode, and thought proper to make use of my name, as the mean of perverting the principles of existing differences between the two countries, I feel myself called on to reply to your letter, addressed to me through the Aurora of the 23d inst.
Your intention of destroying the veracity due to my letters, and those addressed to the Secretary of the Navy, I trust will meet with the contempt it merits. The treatment and sufferings of my countrymen, who have already returned from captivity, and of those who are daily expected, will substantiate the facts already before the public.
Justice to myself, and the respect I conceive due to the public opinion, will induce me to enter fully into your letter; not from inclination to relate facts that are as well known to you as myself, or from any desire of convincing the party, who I suspect have you in tow, but to elucidate French principles.
In reply to the extract of a letter written to my friend in St. Bartholomews, which you notice in yours, I aver it to be a fact, from concurrent circumstances, it was my opinion, as well as that of my officers, we should be imprisoned. And after the delivery of my letter of the 6th Jan. to Mr. Desforneaux, which you quote, though not very correctly, my apprehensions were nearly realized—for, on my refusing to accept the command of the Retaliation, he threatened imprisonment, treated me cavalierly, and behaved in a very ungentlemanly manner.
You mentioned that my frankness produced a different effect from what I expected. This I positively deny. The change of sentiment originated from a steady refusal of accepting the Schooner, unless I was compelled to do so; and that he would inform the Executive the precise situation in which I stood. Probably from political motives a change of sentiment took place, and he then treated me with rather more politeness, until the evening I left Guadalupe. The treatment I then received you are no stranger to; I shall however mention it for the information of the public.
You say it has been publicly reported, that I was in close confinement 40 or 50 days—I am not accountable for idle reports, and my letters contradict every thing of the kind—you certainly could not have perused them, or you would not have noticed it.
You appeal to me if I was not treated with politeness by captain St. Laurent and officers—I have already declared, that I received every attention from them, which I acknowledge with gratitude.
To captain St. Laurent, and not to Mr. Desforneaux, myself and officers were indebted for our liberty on board the different vessels; he assured me that he had received orders to send us on shore to be imprisoned with our crew.
After being twelve days detained on board, I obtained the liberty of residing on shore, "expressly ordered not to wear my uniform;" great merit no doubt ought to be given to Mr. Desforneaux for his mark of politeness: appeal to your own officers in this country, if they have not met with more liberal treatment.
You mention Mr. Desforneaux's attention and civilities to me, viz. invitations to dinner, lending money, &c. My reply to you, on being asked to dine with him, that I considered it merely as a compliment, and that unless I was permitted to appear in my uniform, I would not accept any invitations. This circumstance you communicated to his Secretary Mr. Bevaury. Did not a considerable time elapse before I received another invitation, with permission to wear my uniform. You no doubt must remember it was on the 6th of January, 6 days after the departure of Victor Hughes, and nearly a month after Mr. Desforneaux's taking possession of his government, and then, not till he had determined on my departure for the United States.
In consequence of his pressing solicitations, I received from him one hundred dollars, which I repaid you.
From your mentioning this circumstance which has no kind of connection with the extract of my letter, on which you pretend to ground your address to me—I rather presume it is with an intention that the public should be informed, you also advanced me one hundred and fifty dollars, which I gratefully repaid you.
You also mention, that he constantly assured me, he did not consider me as an officer of a nation with whom his country was at war—but as a friend and ally, and that his conduct proved his sincerity. Rest assured I placed no faith in his assertions, as his conduct was not conformable to his declarations, and that I considered French intrigue, with him, as the ruling principle of action. Admitting for a moment Mr. Desforneaux's politeness, in the most extensive point you could wish, to myself and officers, can it be put in competition with the sufferings of 200 Americans? Their treatment will speak more forcibly than any declaration of yours or mine. On this head, I shall state facts—make no comments, and leave the public to draw their own conclusions.
I shall now state a few facts that came immediately under my own observation whilst I remained in Guadalupe. Victor Hughes was a prisoner nearly a month, and had left Guadalupe 6 days previous to the liberation of the American masters and supercargoes; and it was then only effected by pressing solicitations—stating their miserable situation and that their present allowance was insufficient for them to exist on. This fact can be attested by several who have returned, and others who are daily expected. The jailors who were in office under Hughes, and in the habit of exercising savage cruelties, were continued in office under Desforneaux; it is true that one of them received a reprimand for not releasing several masters of vessels out of a dungeon, when orders were given for that purpose. Can a reprimand be considered as a sufficient punishment for detaining respectable citizens in a dungeon 6 days after orders were given for their liberation? Capt. Bingham and Mr. Milnor received their paroles under the government of Victor Hughes, some time previous to the arrival of Desforneaux. The commissary of prisoners, after the confinement of Hughes, called at their several places of abode, and requested that they demean themselves peaceably and as prisoners, as Desforneaux had reprimanded him for letting any Americans out of prison, and that he had become responsible for those who were enlarged. Capt. Daer, and others of this city, are acquainted with the above circumstance.
That many vessels were brought into Guadalupe, after the arrival of Desforneaux all of which were condemned, as I have already stated in my former letters, a vessel from New-Bedford bound to Surinam excepted, whose trial was not decided. The condemnations and protests already received in the different insurance offices on the continent, will confirm this assertion. The officers and crew generally, imprisoned frequently; however, through the influence and solicitations of the owners and commanders of privateers, the captains were released.
The evening I left Guadalupe, the vessels that had the American citizens on board, were laying off and on before the town, I went to Desforneaux's; his secretary informed me he had received orders to procure a certificate from me, that all the Americans were treated well, and as friends, since his command. I replied, was much astonished at his demand, and would not comply with it, as it was contrary to the representations of the sufferings of the Americans, as related by themselves. I then went with the Secretary and yourself to Mr. Desforneaux, when a similar conversation passed; and also informed him, if he wished a certificate for myself and officers, since the departure of Hughes, I would give it; but not for the Americans that had been that day liberated; and if he wished for any other certificate, it would come, with more propriety from the persons immediately concerned; the consequence was, he in a violent passion, sent you on board to procure this certificate—and did you not return as you went, with a positive refusal, and we were immediately ordered to anchor.
Were you not also informed after your return, of Desforneaux's conduct in consequence of my steady refusal—of his flying into the most extravagant paroxysm of rage—breaking his plate in several pieces, with his fist—flicking his fork into the table—stamping and raving, in the wildest manner possible—and abusing myself, the American people, and government, in the most abusive terms. Did you not inform me, that you was obliged to get his mother-in-law to appease his anger, previous to your speaking to him, and that you informed him, it would have no effect to procure a certificate by force, as they would protect against it, at the first port they arrived at. This information respecting yourself, was your own declaration, in the presence of Captain Babcock.
I shall now, sir, take my final leave of you—the situation you have compelled me to assume, and the many appeals made to me, has rendered it necessary, to enter into the variety of subjects, contained in yours. It is my determination, not to be drawn into a paper controversy, as every fact is already before the public, and rest assured I shall avoid endless discussions.
Yours, &c. Wm. BAINBRIDGE.
CONGRESS, HOUSE OF REPRESENTATIVES.
Monday, Feb. 25. Mr. Gregg presented two petitions praying for a repeal of the alien and sedition laws, the one from Cumberland county, signed by 270 persons; the other from Mifflin county in Pennsylvania, signed by 314 persons.
Mr. Gallatin presented another petition of the same kind from Chester county signed by 692 persons.
Mr. Livingston one of a similar nature, signed by 2500 of the citizens of New-York.
Mr. Heister one of the same kind from 1400 inhabitants of Berks county.
Mr. Bayard one from the inhabitants of Newcastle county, state of Delaware, signed by between 7 and 800 persons.
Mr. Bard and Mr. Brown each of them presented petitions to the same effect signed by a small number of persons.
The whole were referred as usual.
On motion of Mr. Livingston the petition presented some days ago from a number of alien Irishmen against the alien bill, was also referred, 44 to 35.
The President of the United States informed the house, that he had approved and signed an act fixing the pay of captains and commanders of ships and vessels of war, an act to authorise the purchase of timber for naval purposes, an act establishing docks, an act for augmenting the navy of the United
States, and an act respecting quarantines and health laws.
The President also informed the senate that he had approved and signed, an act making appropriations for the expense of carrying into effect certain treaties with certain tribes or nations of Indians, and an act allowing James Mathers compensation for his services, &c. as sergeant at arms of the senate.
The two following bills were then read the third time and passed, viz. a bill to authorize the erection of a beacon on Boon Island, and a bill for the government of the navy of the United States.
Mr. Harper from the committee of ways and means, reported a bill making additional appropriations for the year 1799, which was committed.
Mr. Varnum reported a bill authorizing a detachment of the militia of the U. States which was committed.
On motion of Mr. Goodrich, the house went into a committee of the whole, on the report of a select committee, on the petitions praying for a repeal of the alien and sedition laws.
The question being upon agreeing to the first resolution, declaring it to be inexpedient to repeal the alien law,
Mr. Gallatin spoke at considerable length against its adoption.
On his setting down the question was put and carried, 52 votes being in the affirmative.
The next question was upon agreeing to the resolution declaring it to be inexpedient to repeal the sedition law.
Mr. Nicholas spoke at length against agreeing to this resolution. At the conclusion of his speech and a few observations having been made in favor of the committee's ruling and reporting progress, by Messrs. McDowell and Livingston; and against it, and in favor of taking the question on the resolution, by Messrs. Bayard and Dayton, a question was taken on the committee's ruling, and negatived, 51 to 42. The question on the resolution was then put and carried by exactly the same number of votes, by which the former question was carried.
The question was put and carried on the last resolution, without a decision.
The committee then rose, and the house took up the resolutions. The question being on concurring in the agreement of the committee of the whole to the first resolution. Mr. Livingston entered upon a defence of the sentiments which he delivered when the passage of this law was under consideration, which he laid had been much misrepresented, but after making some progress in his observations, the speaker declaring them unconnected with the question before the house, he sat down, and the first resolution was decided by yeas and nays, as follows:
YEAS. Meßrs. Allen, Meßrs. Hofmer, Baer, Imlay, Bartlett, Lyman, Bayard, Macher, Brace, Matthews, Brooks, Morgan, Bullock, Morris, Champlin, Otis, Chapman, Parker, Cochran, Pinckney, Craik, Reed, Dana, Rutledge, Dennis, Schureman, Edmond, Sewall, Evans, Shepard, A. Foster, Sinnickson, D. Foster, N. Smith, J. Freeman, Sprague, Glen, Thatcher, Goodrich, Thomas, Gordon, Thompson, Griswold, Tillinghast, Grove, Van Allen, Harper, Wadsworth, Hartley, Waln, Hindman, J. Williams.
N A Y S.
Meßrs. Baldwin, Meßrs. Heister, Bard, Holmes, Blount, Jones, Brent, Locke, Brown, Lyon, Cabell, Macon, T. Claiborne, M'Clenachan W. Claiborne, M'Dowell, Clay, New, Clayton, Nicholas, Davis, J. Parker, Dawson, Skinner, Dent, S. Smith, Eggleston, W. Smith, Elmendorf, Sprigg, Findley, Stanford, Fowler, Sumpner, N. Freeman, A. Trigg, Gallatin, J. Trigg, Gillespie, Van Cortlandt Gregg, Varnum, Hanna, Venable, Harrison, R. Williams, Havens,
Mr. McDowell then moved an adjournment which was negatived, 55 to 38.
The question was then taken on the second resolution, upon which the yeas and nays were exactly the same as upon the first.
The question on the third was concurred in, 61 votes being for it.
Adjourned at half past five.
CITY DANCING ASSEMBLY.
THE subscribers are respectfully informed that the next Assembly will be held on Thursday the 7th of March. Feb. 27
B A L L.
MESSRS. BYRNE & QUENNET'S BALL, will be kept jointly, on Thursday next, the 28th of February, at O'Ellers' Hotel. Feb. 27
Volunteer Grenadiers.
THIS Corps is ordered to assemble at the House of Wm. Ogden, in Cheapside-street, at 6 o'clock on Saturday evening next, on business of importance.
By command, G. K. HARRISON, 1st sergt. Feb. 25.

For sale by, PETER BLIGHT, At his Store—South-street wharf, A quantity of Jamaica Rum, do Brandy. 8th proof, Red Port Wine, in pipes, hds. and qr. casks Madeira, in pipes fit for use, Catalonia White Wine in pipes, Hazelnuts in sacks Castile Soap Old Arrack—in casks and cases of 3 dozen each codsw
IMPORTED, By late arrivals from HAMBURGH, 9-8 wide Brown Kaffia Sheeting generally German 6-4 wide Dowlaties } entitled to Brown Silesias } foreign ex- Bregtagues } draw- Ticklenburgs } back. FOR SALE BY GEORGE PENNOCK, Feb. 19. d6t
FOR SALE, Eighteen Acres and twenty-six Perches of LAND, In a fine healthy situation, with a small stone house upon it, some meadow and woodland, a run of water, and a good spring; situated in the Manor of Moreland, Montgomery County, on the Southampton and Wright's Town road, 14 miles from Philadelphia, adjoining the lands of W. Deane, Esq. W. Roberts, and J. Laumoy. Apply to J. LAUMOY. * Possession will be given on the first of April. February 19th. 1799 3rawtf
FOR SALE, By the Subscribers, 33 pipes Old Madeira Wine, 1 pair of 9 pound Cannon 3 packages of Gun Guaze 2 bales of St Domingo Cotton 100 boxes of Wax Candles, of 24 lbs each. Willings & Francis. Penn-street, } February 19. } w&f tf
CHINA GOODS. Now delivering from the ship New-Jersey, from Canton, FOR SALE, At the Stores of the Subscribers, consisting of BOHEA Hyson skin } Young hyson } Hyson and } Imperial } White nankeens Lutefish, colored and black Senfews do. do. Handkerchiefs do. do. 4-4 Sewing silks do. do. Black hair ribbon Black satins Cassia in small bales China ware in dining and tea sets
On Hand, 50 trunks and cases of various goods, in small pack- ages, for the West-India market. 25 trunks of printed calicoes, assorted for the West-India market. 1 bale of woolen cloths, low priced. Sail canvas by the bale or piece, No. 1 to 3. Copper in sheets 24 by 48 and 48 by 60 inches Raised copper bottoms in tubs. A small invoice of queens ware assorted. English wrought nails in casks. Shearing paper. New-Orleans indigo. Paints of different colors, dry in casks. Old Madeira wine fit for use. NICKLIN & GRIFFITH, Feb. 11. m.w.f.r.f.
Just Imported, Iron cannon, double fortified, Woolwich proof, with their carriages complete—3, 4, 6 and 9 pounders. Carronades, Woolwich proof, with carriages, &c. complete—12, 18 and 24 pounders. Cannon powder in bags of 25 lbs. each. Round, double-headed, and canister shot. Patent sheathing copper, bright, assorted 18, 20, 22, 24, 26 and 28 or per square foot, sheets 48 by 14 inches, suitable for vessels from 150 to 1000 tons. Copper nails, bolts and spikes. Boarding Pikes. Common cutlasses. Gunners stores of all kinds. Tin-pieces No 1—1-3 cros bars. Patent shot in casks of 500. each. London porter and brown stout, in casks of 7 doz. bottled. Earthen ware in crates, assorted. For Sale by SIMON WALKER, Pine near 5th Street. October 29. adtf
THE PARTNERSHIP OF John & James Poulton, BEING dissolved by mutual consent, all persons indebted to them are requested to make im- mediate payment to either of the subscribers; and those having demands to present their accounts for settlement. JOHN POULTON, JAMES POULTON, 18 mo 30 w&f tf
JOHN MILLER, JUNR. HAS REMOVED FROM NO. 8, CHESTNUT, To the Free Stone Building, in Dock, near Third-street. WHERE HE HAS FOR SALE, 300 Bales of Bengal Goods; consisting of COSSAS Bastas Mamoodies Humhums Tasliates Striped Doreas Calicoes Handkerchiefs, &c. &c. Also, a large assortment of Madras Handkerchiefs, of various descriptions. January 1 7awtf
Notice is hereby Given, THAT application will be made at the Bank of the United States for the renewal of the following certificates of Bank stock, standing in the name of Hodgdon Atkinson of London, which were lost on board the Swallow Packet, capt. Kidd, captured by the French, and all persons concerned are desired to take notice. No. 2424, issued in lieu of No. 1891, 1892, 5662 and 16640, for 4 shares. No. 3020, issued in lieu of 11055, and 11057, for 3 shares.—7 shares. THOMAS M'EUEN & Co. nov. 28 d3m
WATER LOAN. THE Commissioners for receiving subscriptions to a Loan for supplying the City of Philadelphia with wholesome water, give NOTICE, That they will call on the citizens for their subscrip- tions in the following districts: William Jones will receive from Vine to South side of Pine-street. Levi Hollingsworth will receive from the North side of Vine to the South side of Spruce-streets. Jesse Wals will receive from the North side of Spruce to the South side of Walnut-streets. Edward Tilghman will receive from the North side of Walnut to the South side of Chestnut-streets. John Toshack, and J. will receive from the North side of Jonathan Robinson, } Chestnut to the South side of Market-streets. Stephen Girard, and } will receive from the North side of Jacob Shoemaker, } Market to the South side of Arch-streets. Thomas Hopton will receive from the North side of Arch to the South side of Race-streets. Leonard Jacobi will receive from the North side of Race to the South side of Vine-streets. Joseph Cruftback, } will attend at the office of Jared Jared Ingersoll } Ingersoll, opposite the State House, with the hook hitherto kept at the City Hall. By order of the Board, JACOB SHOEMAKER, sec'y. 2d mo 18th $
A Farm for Sale. WILL be sold, in pursuance of an order of Orphans Court of Delaware county, on Monday the 25th February next, at the house of W. Anderson, in the Borough of Chester, at one o'clock, P. M. THE PLANTATION, Late the property of Raper Hopkins, deceased, situate in the said Borough, containing about 220 acres, of which between 43 and 50 acres are excellent upland and marsh meadow; about 40 acres of woodland; the remainder is arable land, of a good quality—The whole has been used for many years as a grazing farm and is under an almost new cedar fence; there are on the farm a good two story stone dwelling house and kitchen in good repair; the dwelling house has four rooms on a floor, with a convenient entry; there is a good kitchen garden, two good apple orchards, one containing about six acres young and healthy; a good tenant's house, barn, stables and chair house. The barns are in good repair, and walled in front with stone. Also at the same time and place will be sold 15 acres of marsh meadow, in the neighbour- hood of the farm, under good bank, and in high cultivation. Any person desirous of view- ing the premises, will be shown them by ap- plying in Chester to ELEANOR HOSKINS, Admin'r. January 18, 1799. Who desires all those indebted to the late R. Hopkins, to make immediate payment, and those who have demands against his estate, to present them to her for settlement. b3awtf
ALL PERSONS, INDEBTED to the Estate of ABRAHAM DICKS, Esq., late Sheriff of the County of Delaware, are requested to make immediate pay- ment, and all those who have demands against said Estate to authenticate and present them for settlement. Also, all those who have deposited writings with said deceased to apply for them to WILLIAM PENNOCK, Adm'r. Springfield, Delaware county, } 1st mo. 8th, 1799. } 1awtf
The Subscriber offers for Sale, THE FOLLOWING PROPERTY. An Excellent three story Brick House, situ- ate on the corner of 7th and Race-streets;— the house is about 25 feet front and well finish- ed in every respect; the Lot is 76 feet front on Race-street and 88 feet deep, the situation remark- ably airy, having a public square open in front of it. Two three story Brick Houses, Brick Stores, and good Wharf, situate in Water-street, be- tween Arch and Race-streets, the lot on which these buildings are, is fifty four feet front on Water-street, and continues that width about 95 feet, then widens to the fourth 13 feet 6 inches, so that the front on the water is sixty seven feet six inches, this lot adjoins John Steimetz Esq. on the south, and has the advantage of a public alley on the north, and is a very de- sirable situation for the business of a Flour Factor, or Merchant. A large elegant two story Stone House, situ- ate on the Point no Point road, being the first house to the Northward of the five mile stone; this house is about 60 feet front and 40 feet deep finished in a neat manner; there is a good gar- den and choice collection of the best fruit trees, Ice-House and other conveniences with about nine acres of ground—or if more agreeable to the purchaser, thirty two acres of upland and meadow may be added to it. A plantation in Biberly Township, Philadel- phia county near the Red Lyon, about 13 miles from this city; bounded by the Northampton Road and Poquessing Creek, this farm contains about 140 acres of land, a proportion of which is woodland and meadow, a brick dwelling- house, frame barn, and other out-houses, and there is said to be a good stone quarry on part of it, although it has not yet been opened, a fur- ther description is deemed unnecessary as no person will purchase without viewing the pre- mises. A small plantation in Horsham Township, Montgomery county, nineteen miles from Phil- adelphia, adjoining to Grame Park, on which is an excellent new Stone House and Kitchen, with a large Stone Shed for the accommodation of traveller's horses; the house is now occup- ied as a tavern, and is suitable for any kind of public business, the land is good in quality, a good neighborhood, and a remarkably healthy situation; there is fifty acres of land and me- adow in this farm—Also for sale, several tracts of land in different counties of this state. The House in Race-street first mentioned and one of the Houses in Water-street, are now TO BE LET. And immediate possession given. For terms apply at the South-east corner of Arch and Sixth streets, to JOSEPH BALL. Feb. 7 th&f tf
Advertisement. THE Creditors of WILLIAM PURNELL, (C. N.) late of Worcester county, Maryland, deceased, are hereby notified to appear at the court house in Snow Hill, in the said county, on the 8th day of March next, with their respective claims against the said deceased, properly authenticated, at which time, or as soon thereafter as can be, a proportionable division of the assets in the hands of the subscriber will be made between them, agreeably to the directions of the act of assembly, entitled "An act to alter and amend the law in certain cases." Edward Henry, executor. Feb. 19. d18Mar
TO THE Promoters of Literature. THE managers of the Beula Seminary, impelled by motives of pure morality, having resolved to dispose of the following property by way of LOTTERY, in order to assist them in erecting a convenient build- ing for the accommodation of one hundred students, and the necessary pro fessors in the different departments of science—do offer for sale three hundred and fifty lots in BEULA, each fifty-eight feet by one hun- dred and twenty-five, at twenty dollars per ticket, each ticket entitled to a lot to be determined by ballot; ten dollars to be paid on receipt of the ticket, and the remaining ten on the delivery of the deed. The bal- lot to take place before impartial men, as soon as the whole number of tickets are sold. The managers, anticipating the difficulty of obtaining cash for the whole, have re- solved to receive an equivalent, for some of the lots, in select books; philosophical ap- paratus, or in produce and materials for building, delivered on the spot. It may be observed, that the value of prizes in this lottery will be more than dou- ble the amount of all the tickets; for 350 lots, would at their average estimation, pro- duce at least 15,750 dollars; whilst, accord- ing to the present proposals, the sum ob- tained for them will be only 7,000 dollars. Tickets may be had during this winter, of Morgan J. Rees, president of the board of managers, no. 177, South Second-street, Philadelphia; who will receive proposals and plans for the erection of the building. It is intended to be of brick or stone; its situation on the summit of a gradual rising eminence, commanding an ex- tensive prospect of the surrounding country; an observatory to be on its top. Land and out lots in the vicinity of the Town may be had on moderate terms by ap- plying as above. Mechanics and laborers, of good morals will meet with encourage- ment. Jan. 19. 3aw2m
FOR SALE, A SMALL Farm of fifty-four acres, within five miles and a half of Philadelphia and one mile from Frankford on the river road; fourteen acres of wood-land, five acres of good meadow, the residue thirty five acres, excellent arable land and which will make the best of meadow. On the premises are a decent two story Brick House and Kitchen a good garden & orchard with a va- riety of fruit trees and a well of very good water. For terms apply to Thomas Benger, near Bristol Bucks County, or William Wahl, No. 144, South Second street, Philadelphia.
A Lot of eight or nine acres, Of very good land in good order or clover feed with or without a large frame Barn as good as new, enquire as above. Feb. 14. 3aw3w
Samuel Miles, jun'r. Of the city of Philadelphia, merchant, hav- ing assigned over all his effects, real, personal and mixed, to the subscribers, for the benefit of such of his creditors as may subscribe to the said assignment on or before the first of August next. Notice is hereby given, To all persons indebted to the said estate, that they are requested to make immediate payment to either of the subscribers, or to the said Samuel Miles, who is authorised to receive the same; in failure whereof legal steps will be taken for the recovery of such debts, as are not dischar- ged accordingly. GEORGE ASTON, CORNELIS COMEGYS, } Assignees JOHN ALLEN, } Feb. 14. 3awtf
Patent Ploughs, To be sold for cash by Joseph Salter at Atton Richard Wells, Cooper's Ferry—Jonathan Harker, Woodbury—and Jesse Evans, Lumber- ton. Those who have used them give them the preference to any other kind, as they require less team, break the ground better, are kept in order at less expense and are sold at a cheaper rate—the plan is much simplified and consists of but one piece of cast iron, with the handles and beam of wood; they may be fixed with wrought lays and coulters to be put on with screws and taken off at pleasure. Patent rights for vending with instructions for making them may be had by applying to John Newbold, or the subscriber No. 212 North Front-street. Who has for Sale; Or to Lease for a term of Years, A number of valuable tracts of Land, well situated for Mills, Iron Works or Farms, mostly improved, lying chiefly in the county of Hunting- don state of Pennsylvania. Those who may inclined to view them will please to apply to John Canan Esq. near Huntingdon. Charles Newbold. July 17. 22wtf
TREASURY DEPARTMENT. JUN 27, 1799. NOTICE IS HEREBY GIVEN, That by vir- tue of an act, passed during the present ses- sion of Congress, to amend the act entitled "An Act making further provision for the sup- port of public credit, and for the redemption of the public debt"—passed the third day of March, one thousand seven hundred and ninety- five, as bars from settlement or allowance, Certificates, commonly called Loan Office and final settlement Certificates, and Indents of In- terests, is suspended until the twentieth day of June, which will be in the year one thousand seven hundred and ninety nine. That on the liquidation and settlement of the said Certificates, and Indents of Interest, at the Treasury, the Creditors will be entitled to receive Certificates of funded Three Per Cent. Stock equal to the amount of the said Indents, and the arrear- ages of interest due on their said Certificates, prior to the first day of January one thousand seven hundred and ninety one. That the principal sums of the said Loan Office and final settlement Certificates, with the interest thereon, since the first day of January, one thou- sand seven hundred and ninety one, will be dis- charged after liquidation at the Treasury, by the payment of interest and reimbursement of principal, equal to the sums which would have been payable thereon, if the said Certificates had been subscribed, pursuant to the Acts making provision for the debts of the United States, contracted dur- ing the late war, and by the payment of other sums, equal to the market value of the remaining Stock, which would have been created by such subscriptions as aforesaid, which market value will be determined by the Comptroller of the Treasury. OLIVER WOLCOTT, Secretary of the Treasury. June 28. 1awtf
TO BE SOLD, On Thursday the 1st March, next, At the Merchants' Coffee House, In the evening, at 7 o'clock, THE FOLLOWING PROPERTY.
A LOT in Arch-street between Sixth and Seventh streets, containing in breadth on Arch-street, 32 feet and depth 120 feet, on which there are two frame tenements which rent for 60l. per annum—free of all incumbrances. One Lot in Trotter's Lane in the Township of Moyamensing, between Front and Second- street, about half a mile from the city, contain- ing one acre of land, on which is erected a one story Brick tenement and a stable, the land lot and appurtenances rent for 20l. per annum. One Lot, containing 33 acres of Land ad- joining Carlin's estate in the township of Moy- amensing, on which is a two story Brick ten- ement, two rooms on a floor, a good Brick kitchen, a good Orchard of the best grafted fruit Newtown Pippins, a very large straw berry patch and the Land all in good order and well adapted for a garden, now in tenure of Rebecca Gobney, and rents for 60l. per annum. The above three lots possession can be given in April next.
A beautiful COUNTRY RETREAT, Situated in Turner's Lane, known by the name of Gravel Run, on which is a handsome Brick Building two stories high, two rooms on a floor, a Piazza the whole front of the House, and cellars under the whole, an excellent well of water, a good Tenant's House; also a good Barn, a garden, good orchard, &c the whole in complete repair, and containing from 12 to 15 acres of land—Subject to a lease to Richard Wells, Esq for 5 years to come from the last for which period the rent has been paid. A Ground Rent on a lot on the east side of Third Street, a little below Shippen Street, on which is a handsome three story brick house—the Ground Rent is £32 per annum, out of which £5. 5. is to be deducted leaving a ground rent for sale of £27. 15 per annum—also a ground rent on the west side of George Street, adjoining the above lot on which there is no building—the ground rent is £7. 10 per annum out of which £5. 5. to be deducted, leaving a rent for sale of £2. 5. per annum—the house joining failor in George Street is subject to pay the ground rent. The terms and conditions shall be made known at the time of sale and for further particulars en- quire of Footman & Co. Auctioneers. Feb. 12. d6Mar 1
ALL persons having any demands against the Committee appointed to distribute the Donations received for alleviating the Distresses of those who are suffering in consequence of the late Calamity, are requested to bring in their accounts previous to the 20th instant. By Order of the Committee, PETER BARKER, Clerk. 2d mo. 12, 1799.
FOR SALE, In the healthy and pleasant village of BORDENTON. A HANDSOME, well finished, and com- venient two story Frame House, and late- ly occupied by Colonel John Vanemburgh, the House is 36 feet in front on the main street, and 30 feet deep—four rooms on a floor, with a kitchen 18 by 15 feet, two good rooms over the same and one with a fire place—a very excellent cellar under the whole house; the lot two fifths of an acre, enclosed with a high board fence; the garden in high cultivation, and contains a variety of best grafted fruit—Good stable, car- riage house, smoke house and a pump of good water in the yard, the whole in complete repair. The healthiness and pleasantness of the village of Bordentown and the neighborhood are too well known to require any commendation. For terms apply to James H. Inlay, Esq. now in Philadelphia, or to the subscriber now on the premises. MART VANEMBURGH, executor. Bordentown. Feb. 12. d6w
For Sale by the Subscriber, No. 145, Market-street, Very low for Cash, or a short Credit, The remaining stock of the late House of TODD & MOTT, Cloths, Kerfeymeres, a few printed Cottons. Printed handkerchiefs and shawls Printed dimities Hosery, threads, twill and sewing silks A small amount of hardware. WILLIAM MOTT, Agent for the assignees of Todd & Mott, to Whom, all persons indebted to that concern, are requested to make immediate payment. W. MOTT, Having commenced business in the Commission line, his store is now open for the reception of Dry Goods of all descriptions. Philadelphia, February 4, 1799. $
Alexander J. Miller, No. 44, SOUTH FRONT-STREET. HAS JUST RECEIVED, By the ATLANTIC, capt. READ, arrived at NEW-YORK, from MADRAS, THE FOLLOWING WHITE GOODS, Which will be ready for Sale on Monday next. Gauzes Albabad Baftas Tandah Coffees Fine Long Cloths Moories and Short Cloths. Feb. 1. $
ALL PERSONS Indebted to the Estate of Mr. JOHN FENNO, late of Philadelphia, deceased, are desired to make pay- ment, and those having any demands, to present them for settlement, to SAMUEL BLODGET, Adm'r. or JOHN WARD FENNO, Agent to the administration. Nov. 30. $3m
PUBLIC NOTICE IS hereby given, that application will be made to the Directors of the Bank of Penn- sylvania for the renewal of a Certificate for a share in the said Bank, No. 1282, dated July 24th 1797, standing in the name of JOSEPH REED, the same having been accidentally lost or de- stroyed. Philad. Jan. 25. d6w
Stray Horse. WAS taken up, trespassing on the subscriber, in the township of Pottstown, in the county of Philadelphia, a grey Horse, about fourteen hands high, thirteen or fourteen years old, blind of his right eye, and shod before. Whoever has lost him, by proving property and paying charges, may him again on applying to the subscriber. JOHN SINK, On the Banks of Schuylkill. Jan. 19. $
WHEREAS, By an Act of Congress passed the sixteenth day of July in the year of our Lord one thou- sand seven hundred and ninety eight, the Presi- dent of the United States is authorised to borrow on behalf of the United States from the Bank of the United States, or from any other body or bodies politic or corporate, or from any person or persons, and upon such terms and conditions as he shall judge most advan- tageous for the United States, a sum not exceeding five millions of dollars, so however, that no contract or engagement be made which shall preclude the United States from reimburs- ing any sum or sums borrowed at any time after the expiration of fifteen years from the date of such loan. And whereas, it is declared by the said Act, that so much as may be necessary for the surplus of the duties on Imports and Ton- nage beyond the permanent appropriations here- tofore charged upon them by law, shall bepled- ged and appropriated for paying the interest, and also for paying and discharging the principal sum or sums of all the monies which may be borrowed, according to the term or terms which may be fixed, pursuant to the authority afore- said—And whereas by the said Act, the faith of the United States is pledged to establish sufficient permanent Revenues for making up any deficiency that may hereafter appear in the provisions before mentioned for paying the interest and principal sums, or either of them, of any monies which may be borrowed pursuant to the said Act. And whereas the President of the United States did by an Act or Commission under his hand dated the ninth day of January in the year one thousand seven hundred and ninety nine, au- thorise and empower, the Secretary of the Treas- ury, to borrow on behalf of the United States, any sum not exceeding in the whole, five mil- lions of dollars and to make such contracts or contracts as should be necessary, and for the in- terest of the United States, in pursuance of the Act of Congress above recited.
Now therefore, the undersigned, Secretary of the Treasury, in pursuance of the Act of Congress, and the authority from the President of the United States, above mentioned, doth hereby on behalf of the United States of Amer- ica, contract and engage in manner following, to wit.
1st. A hook for receiving subscriptions to a Loan of five millions of dollars for the use of the United States shall be opened in the city of Philadelphia, at the Bank of the United States on Thursday the twenty eighth day of February ensuing, which hook shall continue open for the purpose of receiving subscriptions, until the whole of the said five millions of dollars shall be subscribed. If more than five millions of dollars shall be subscribed on the first day of opening the said hook, the surplus shall be de- ducted in proportion to the sums subscribed by individuals, exceeding four thousand dollars. 2d. For every hundred dollars which may be subscribed there shall be forthwith deposited and paid the sum of twelve dollars and fifty cents, and like payments of twelve dollars and fifty cents, shall be made within the first ten days of the months of April, May, June, July, August September and October ensuing. The Secretary of the Treasury however reserves the right of reducing the number of installments by spe- cial agreement, with the individuals who may become subscribers.
3d. On the failure of payment of any install- ment of the sums subscribed according to the tenor of the second article, the next preceding installment of twelve dollars and fifty cents, which shall have been paid, for every hundred dollars subscribed shall be forfeited to the United States.
4th. The sums subscribed shall and may be paid to the credit of the United States, at the Bank of the United States, or at the offices of discount and deposit of the said Bank at Boston, New-York, Baltimore, or Charleston, or at ei- ther of the Banks of Salem, in Massachusetts, Newport and Providence in Rhode-Island, Hart- ford in Connecticut, Albany in New-York, or Alexandria in Virginia, for which payments the receipts of the Cashiers of the Offices of Dis- count and Deposit and of the Banks aforesaid shall be received at the Bank of the United States as equivalent to money; but no payment of a subsequent installment shall be received at any other place than that where the first installment was paid, except at the Bank of the United States; in case any deposits shall be made at the offices of Discount or Deposit, or at either of the Banks aforesaid, which shall not be applied to the payment of the first installment of subscrip- tions to the Loan aforesaid, the said deposits shall be forthwith refunded by directions from the Treasury.
5th. For the sum or number of shares of one hundred dollars, which may be subscribed, cer- tificates shall be given by the Cashier of the Bank of the United States, which shall be assignable by indorsement, and delivery of the parties in whose favour the said certificates may be issued, until the completion of the payments required by the tenor of the second article preceding.
6th. The sums subscribed and paid in pursu- ance of the tenor of the second article preced- ing, shall after the said payments have been completed, constitute a funded capital stock divisible into shares of one hundred dollars each, which capital stock shall bear interest at the rate of eight per centum per annum from the time fixed for the payment of the respective install- ments payable quarterly yearly at the Treasury of the United States, or at the Loan Offices where the same may stand credited, until the last day of December, in the year one thousand eight hundred and eight.
7th. After the last day of December in the said year one thousand eight hundred and eight, and after reasonable notice to the creditors, which shall be given by an advertisement in some public news- paper, printed at the seat of the government of the United States, the said capital stock shall be re- deemable at the pleasure of the United States by the reimbursement of the whole sum or sums borrowed, and which may constitute the said capi- tal stock either at the Treasury of the United States or at the Loan Offices where the same may stand credited.
8th. The credits for the said capital stock shall and may be separately certified in sums either for one hundred, four hundred, one thousand, four thousand or ten thousand dollars, and the credits so certified shall be transferable by the creditors, or their attorneys, at the Treasury and Loan Offices respectively, in pursuance of the rules which have been, or which may be established relative to the transfer of the funded stock of the United States.
9th. A sufficient sum of the surplus of the duties on Imports and Tonnage beyond the permanent appropriations heretofore charged upon them by law, together with the faith of the United States are hereby pledged for the fulfillment of this contract, in pursuance of, and according to the terms and conditions of the act of Congress herein be- fore recited.
Given under my hand and the seal of the Treasury of the United States at Phil- (L. S.) adelphia, this twelfth day of January one thousand seven hundred and ninety nine. OLIVER WOLCOTT, Secretary of the Treasury. Jan. 12. $