The New-York journal, and weekly register (New-York [N.Y.]), 1788-09-18 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 1717, of VOL. XLII.]
THURSDAY, September 18, 1788.
[Total NUMB. 2366.]
HERE TRUTH UNLICENSED REIGNS; AND DARES ACCOST—E'EN KINGS THEMSELVES, OR RULERS OF THE FREE. Thompson's Liberty.
NEW-YORK: Printed and Published by THOMAS GREENLEAF, at the PRINTING-OFFICE, No. 25, WATER-STREET.
At a Court of Chancery, held at the City-Hall of the City of Albany, the seventh Day of August, in the Year of our Lord one thousand seven hundred and eighty-eight.
PRESENT,
The Hon. ROBERT R. LIVINGSTON, Esq. Chancellor.
IN CHANCERY. FORASMUCH as it appears to this court, that a bill hath been filed therein, by John Bowne, administrator, with the will annexed of David Provoost, deceased, complainant, vs. Benjamin Birdfall, and Mary his wife, defendants; to obtain a decree for the sale of certain premises therein mentioned to have been mortgaged by the said Benjamin Birdfall, and Mary his wife, to the said David Provoost; whereupon process of subpoena to appear and answer, hath been duly issued and returned; and that the said defendant, Benjamin Birdfall, hath not entered his appearance in this suit, as according to the rules of this court the same ought to have been entered, in case the said process had been duly served; and an affidavit having been made to this satisfaction of the court, that the said defendant, Benjamin Birdfall, is withdrawn out of this state, or could not upon due enquiry be found within the same to be served with a subpoena issuing out of this honorable court in the above cause: whereupon it is ordered, on motion of Mr. Barr, of counsel for the complainant, that the said defendant, Benjamin Birdfall, appear to the said bill, on or before the sixteenth day of October next, and in default thereof, that the complainant's said bill be taken pro confesso, as to him the said defendant, Benjamin Birdfall, to the end that a decree may be made for a sale of the said premises, or such part thereof, as to this court shall appear just and right; and it is further ordered, that a copy of this order, within twenty days from the date hereof, be inserted in (at least) two of the public newspapers, printed in the city of New-York, for the space of eight weeks successively. Extract from the minutes, 62, 8w. W. COCK, Register.
Extract from an Act, supplementary to the Act, entitled, "An Act to prevent the Exportation of unmerchantable Flour, and the false Taring of Bread and Flour Casks," passed the 7th March, 1788.
SECT. 7th. AND be it further, enacted, &c. That the standard weight of wheat brought to the city of New-York for sale, shall be sixty pounds net to the bushel; and in all cases of such sales of wheat in the said city, by the bushel, if the same shall exceed the standard weight, the buyer shall pay a proportionably greater price; and if the same shall be less than the said standard, the buyer shall pay a proportionably less price: Provided, That this regulation shall not extend to any special contracts respecting the sales of wheat, whatever may be the weight thereof. Sect. 10th. And be it further enacted, &c. That this act shall be in force from and after the first day of July next, &c.
Chamber of Commerce, July 1st, 1788. RESOLVED, That the members of this chamber, from a consciousness of the advantage which the agricultural, as well as commercial interest of this state may derive from a strict adherence to the directions contained in the former part of the seventh section of the law above recited, will, in their future purchases of wheat, uniformly abide by the rules therein prescribed, and, as far as their influence extends, endeavour to convince the public of their utility, and to enforce their adoption. By order of the Corporation of the New-York Chamber of Commerce, 61 WILLIAM LAIGHT, Secretary.
TO BE SOLD, For JERSEY MONEY at full Value, Or exchanged for any Property in New-York, or bartered for West-India or DRY GOODS, At Market Price,
A Valuable Farm, SITUATE in Woodbridge township, in the county of Essex, New-Jersey, within a quarter of a mile of the main road from Woodbridge to Brunswick, about eight miles distant from the latter, and three and a half from Perth Amboy, consisting of one hundred and seventy acres a third part of which is excellent MEADOW; a sufficiency of fire-wood, with a handsome piece of thrifty young timber.
The plough-land equal to any in that part of the country; the whole under good fence.
On the premises is a good house, kitchen, and barn; and an excellent spring of water near the door; to which is added, fifteen acres, or thereabouts, of salt marsh, on the Raritan, about one mile from the farm.
This place is well known by the name of CLAWSON'S FARM.
For terms of sale enquire of Mr. Joseph Bindon, merchant, New-York, or Benjamin Thompson, near Morris-Town.
New-York, Jan. 24, 1788. 99—e.d.
This Day is published, And to be sold by the PRINTER hereof and by ROBERT HODGE, No. 237, Queen-street,
PRINCIPLES OF THE Latin Grammar,
EXPLAINED in a manner suited to the Capacity of Beginners, with rules and Observations calculated for those who have made proficiency in the Classics.
By JAMES HARDIE, A. B. Teacher of the GREEK and LATIN Languages, NEW-YORK.
WE, THE PRESIDENT and PROFESSORS of COLUMBIA COLLEGE, whose names are hereunto subscribed, do certify, that we have examined a new publication, entitled "The Principles of the Latin Grammar explained, &c." by JAMES HARDIE, and that we find it an accurate and judicious compilation, well calculated for the instruction of youth in the rudiments of the Latin language; and such as may be useful even to those who have made considerable progress therein. We therefore recommend it to all who are intrusted with the care of education, and particularly to the teachers in the different schools of this state.
W. SAMUEL JOHNSON, President, WILLIAM COCHRAN, Professor of Languages, JOHN DANIEL GROS, Professor of Moral Philosophy and Geography, JOHN KEMP, Professor of Mathematics and Natural Philosophy.
JUST IMPORTED, In the Ship JUNO, from Havre-de-Grace, and ships PHILADELPHIA and GRACE from Amsterdam,
And to be SOLD at the STORE No. 191 Queen-street, opposite Beckman's Slip, By DE LUZE DE MONTMOLLIN, and COMPANY,
A general Assortment of DRY GOODS, Consisting of the following ARTICLES, CHINTZES, Kid Gloves, Callicoes, Ribbons, Lutestring, Hair Ribbons, Cambricks, Watches, Silk Hose, Umbrellas, &c. Also, to be sold at the above Store, Handkerchiefs, Persian, and Sarfnetts. tf.
All kinds of Public & State Certificates
BOUGHT and SOLD, At No. 27, WATER-STREET, And every kind of PAPER MONEY exchanged for SPECIE and re-exchanged: Also on Hand FOR SALE,
A LARGE Sum in Banker's, Barber's, and Loan Office Certificates of this State, such as will purchase Lands at the Commissioner's sale, and pay Quit-Rents—Likewise, Final Settlements of this State; any, or all of which will be exchanged for Common Final Settlements, Loan-Office, or Pickering's Notes, and Indents at a small difference.
Wanted to Purchase IMMEDIATELY.
OFFICER's and Soldier's Military Bounty Rights of land, both State and Continental—Also, a large Amount in Indents, Final Settlements, and Pickering's Notes, Apply at No. 196, Water-street.
New-York RUM Of excellent Flavor and good Proof FOR SALE, By Charles Tillinghast, At the DISTILLERY, near the New-Market in Cherry-street.
Starch and Hair-Powder, MANUFACTURED and SOLD by Isaac & John Stoutenburgh, At the Corner of Greenwich and Dey-Streets, North-River.
Just Published, And to be sold at this Printing-Office, The Heidelbergh Catechism; ALSO, The Mothers Catechism.
HUTCHINS'S MAP, Of the interior Parts of AMERICA, The several GRAND DIVISIONS properly Distinguished by COLOURING, To sell at this OFFICE.
The PROPRIETORS of the New Line of STAGES, (Owned by Cumming and Ward, at Powles-Hook, and Michael Dennison, at the George-Inn, Philadelphia)
RESPECTFULLY inform their friends and the public, that their stages leave Powles-Hook every afternoon at 3 o'clock, except Saturday, and every morning at 7 o'clock; except Saturday and Sunday mornings: the four o'clock stage goes to Philadelphia in a day—the seven o'clock stage to Trenton.
We propose to ask the usual fare of Twenty-Two Shillings and Six-pence to those who choose to pay it, from a conviction that it is lower than can be well afforded.
From those who think Two Dollars a sufficient compensation, we shall cheerfully receive it, and a lower price when necessary.
Way passengers Three-pence per mile, fourteen weight baggage gratis, 150 weight the same as a passenger.
JOHN CUMMING, MATHIAS WARD, THOMAS EGBERT, JOHN GULICK, ROBERT STOCKTON, DAVID HAMILTON, JOS. VANDEGRIFT, JOSEPH DAVIS, MICHAEL DENNISON. New-York, August 9, 1788. 6r
Line of Eastern Stages.
THE Public are most respectfully informed, That, after great expence and fatigue, the subscriber, and company, have completed the line of STAGES from this city quite through to Boston. The carriages, which were before heavy and uneasy, are now all hung upon coach-springs, and do not fatigue more than a common coach. The carriage from hence to Fairfield, in particular, is a new, well constructed, easy one, which will render the journey pleasurable, instead of a toil as heretofore.
Having thus completed the line, the subscriber will commence on Monday next, the 21st instant, to run the Stages from NEW-YORK to BOSTON, THREE TIMES A WEEK, and continue it until Nov. 1, from which to May 1 twice a week.
The extraordinary cost which he has been at in completing this great work, which he doubts not will be of no small public utility, as well as private advantage and convenience, he hopes will induce many to patronize him. Any business of consequence that may be wished to be transacted between these two capitals, shall be faithfully executed.
The Stages will start from the General Stage Office, in Cortlandt Street, on the Monday, Wednesday and Friday, of every week, at four o'clock, A. M. and will arrive at said place on Tuesday, Thursday and Saturday, at eight o'clock, P. M. The days and hours of starting and arriving at Hartford and Boston, are the same as at New-York.
The FARE is three-pence lawful money, or four-pence New-York currency, per mile; fourteen pounds of baggage is allowed gratis; one hundred and fifty pounds of baggage pays the same as a passenger, and in that proportion. The Public's humble servant, LEVI PEASE.
LEVI PEASE.
Masters & Owners of Vessels Are hereby informed,
THAT they may be supplied with cables, large or small, of any length, and cordage of all sizes, made of Peterburg hemp, first quality, at Ivers's Rope-walk, at the head of Mulberry-street, the first left hand turn above the Tea-Water Pump, on such favourable terms as to merit the attention of any gentleman that would wish to lay out his money to the best advantage. Cables spliced, with the addition of any length required, white rope of every sort for city or country use, hambro lines, deep sea lines, hand lead lines, log lines, house lines, and marline, &c. &c. by H. IVERS, Ropemaker.
N. B. The above articles, whether in large or small quantities, will be delivered to any part of the city without expence of cartage to the buyer.
S H R U B, Of the very best Quality, by the Hoghead, Barrel, or smaller Quantity, FOR SALE by Charles Tillinghast, At his House, nearly opposite the New-Market in Cherry-street.
WHEREAS RICHARD BAYLIS, of Goshen, in the county of Orange and late colony of New-York, for securing the payment of one hundred and fifty-one pounds eight shillings and six-pence, current money of the state of New-York, with lawful interest for the same according to the condition of a certain bond or obligation bearing date the twenty-fifth day of June, 1771, and executed by the said Richard Baylis to John Leake, of the city of New-York, did by indentures of lease and release, bearing date respectively the twenty-fourth and twenty-fifth days of June, in the said year of our Lord one thousand seven hundred and seventy-one, mortgage to the said John Leake: All that certain piece or parcel of LAND, situate, lying and being in Goshen, in the county of Orange, known by being part of lot No. 6, beginning at the south east corner of the lands conveyed by Ebenezer Holly to Jeshah Seely, then running north westerly along said Seely's land, and land of Ebenezer Holly, to a ditch on the south side of said Holly's meadow, thence south westerly along said ditch to Benjamin Gale's lands, thence south-easterly along said Gale's land and the land of Jeremiah Coleman to the high way, then along the high way to the place of beginning; containing seven acres, to have and to hold, the said tract of land with the appurtenances thereby intended to be granted, and released; and every part and parcel thereof, and the reversion and reversions, remainder and remainders thereof, unto the said John Leake, his heirs and assigns, to the only proper use and behoof of the said John Leake, his heirs and assigns for ever—In which said indenture of release is contained a covenant, that in case it should so happen that the said sum of one hundred and fifty-one pounds eight shillings and six-pence, with the interest, or any part thereof should remain due and unpaid on the 24th day of June then next ensuing, the date of the said indenture of release then and in such case it should and might be lawful for the said John Leake, his heirs and assigns to sell the said tract of land and premises thereby granted, or any part thereof, at Public Vendue, or otherwise, as to him or them shall seem meet to any person or persons for such sum or sums of money as might be reasonably had for the same, and out of the monies arising by the sale thereof to retain and keep in his hands the said sum of one hundred and fifty-one pounds eight shillings and six-pence, and the interest that might be due thereon, together with the costs and charges of such sale or sales, rendering the overplus, if any there should be, to the said Richard Baylis, his executors, administrators, or assigns, which sale or sales so to be made by virtue of the said indenture of mortgage should be, and hereby were declared to be a full and absolute perpetual bar, both in law and equity, against him the said Richard Baylis, his heirs, executors, and administrators, and all claiming under him, and of all benefit and equity of redemption of the premises or any part thereof:—And whereas the said John Leake, in and by a certain instrument in writing under his hand and seal duly executed, bearing date the twelfth day of April, one thousand seven hundred and eighty-six, did assign, transfer, and set over unto Coe Gale, of the county of Orange and state of New-York, merchant, the aforesaid bond and mortgage, and all monies due and to grow due thereon, together with all the right, title, and interest of him the said John Leake, of, in, and to the said mortgaged premises:—And whereas the whole of the principal sum, together with a great arrear of interest still remains due and unpaid—These are therefore to give notice to all persons interested in the said premises, that unless the said one hundred and fifty-one pounds eight shillings and six-pence, together with the interest due and to grow due thereon, is paid and discharged on or before the sixth day of November next, the said mortgaged premises will be sold at PUBLIC VENDUE, to be held on the premises, on the said sixth day of November next, at eleven o'clock in forenoon of the same day, pursuant to the directions of a certain act of the legislature of the late colony of New-York, entitled, "An act for the more effectual registry of mortgages, and for securing the purchasers of mortgaged estates," passed the nineteenth day of March, one thousand seven hundred and seventy-four. COE GALE.
Just Published, At Thomas Greenleaf's Printing-Office, No. 25, Water-Street. A new, complete, and correct Edition of Baron Steuben's Regulations
FOR THE Order and Discipline OF THE Troops of the United States.
Just PUBLISHED, and to be Sold at this OFFICE No. 25, Water-street,
The American Calculator, or Counting-House COMPANION,
The highest Price is given by the Printer hereof for clean
LINEN RAGS. To be Sold at this PRINTING-OFFICE, B L A N K S of different sorts.

MISCELLANY.
Respecting Col. OSWALD's Prosecution.
(Continued from No. 2364.)
TO THE P U C I C.
IN my address of the 23d of July, and the 18th of August last, relative to my confinement, the remission of the fine, and my enlargement from prison, I assured you of my determination to pursue the mode pointed out by our happy constitution for redress and satisfaction.
Agreeably to that assurance, I have now to inform you, that on Friday last, the following Address, &c. was presented, through the medium of the speaker, to the honorable general assembly, the Grand Inquest of our nation.
In exhibiting to those guardians of our lives and liberties, this statement of plain facts, which can be supported by a long train of the most respectable evidences, I considered it not only a duty which I owed to myself and family, but which was also due to the community at large. These sacred calls I have cheerfully obeyed, and fully complied with; and there can be no doubt, from the wisdom and moderation of the assembly, that the pure and limpid streams of public justice will ever be suffered to be polluted by any sacrilegious hand, however great and dignified, nor be perverted, on any pretence whatever, from their mild, regular, and equal channels.
E. OSWALD.
September 6, 1788.
Philadelphia, September 5, 1788.
SIR,
I TAKE the liberty to enclose to you, as speaker of the general assembly of the commonwealth of Pennsylvania, my address and memorial, relative to the late unjustifiable measures which have been taken with me by three of the judges of the supreme court; and most earnestly entreat that you will cause the same to be presented to the honorable house: they contain a statement of facts of public notoriety, and information of the most serious nature against the honorable Thomas M'Kean, William Augustus Atlee, and Jacob Rush, Esqrs. Justices of the said supreme court. The lawless treatment I have experienced at their hands, in their official capacity, calls aloud for legislative redress.
I am,
With every sentiment of respect,
SIR,
Your obedient humble servant,
ELEAZER OSWALD.
Thomas Mifflin, Esq.
To the honorable the representatives of the free men of the commonwealth of Pennsylvania, in general assembly met.
The address, and memorial of ELEAZER OSWALD, of the city of Philadelphia, PRINTER,
RESPECTFULLY SHEWETH,
THAT your memorialist, on the first day of July, in the year of our Lord one thousand seven hundred and eighty-eight, at the city of Philadelphia, and within the commonwealth of Pennsylvania, published an address in his paper, signed "Eleazer Oswald," a true copy whereof is hereto annexed, and marked No. 1, relative to a writ issued out of the supreme court of Pennsylvania, in case, against your memorialist, at the suit of one Andrew Brown. Upon which process, bail in 1000l. was demanded for your memorialist's appearance upon the return day of the said process, to wit, the second day of July last aforesaid.
That upon a citation to show cause of bail in the action aforesaid, a solemn hearing before Judge Bryan, "no cause of action being shown," your memorialist was dismissed without bail, as is set forth in judge Bryan's order hereto annexed, and marked No. 2, certified by the sheriff of the city and county of Philadelphia.
That in the close of the session of the said supreme court, to wit, the 12th day of July, 1788, an application was made by William Lewis, Esq. to the justices of the said supreme court, for a rule to show cause, on Monday morning following, at nine o'clock, why an attachment should not issue against your memorialist, for a contempt of court, in publishing the said address marked No. 1. A true copy of the rule is also annexed marked No. 3.
That your memorialist had no notice of this rule to show cause, until late on Saturday evening, when he returned from the country, where he was engaged all Saturday afternoon.
In this situation your memorialist applied to Jonathan Dickinson Sejeant, Esq. as counsel, who appeared with him in open court on Monday morning, conformably to the said rule. Your memorialist then discovered, that the court, the preceding Saturday, had founded the rule to show cause on certain affidavits, which were taken ex parte —totally in his absence, without his having any sort of opportunity to cross-examine the deponents. In vain did his counsel pray a postponement of the argument of that question, although sufficient security was offered for your memorialist's appearance at the next court, especially as his counsel was just retained on the occasion. In vain was it pleaded that your memorialist was pinched in point of time, as Sunday intervened, when the prothonotary's office was shut, and inaccessible to business of any sort. The court ordered on the argument immediately, and determined, without hesitation, that your memorialist had committed a contempt, and the only mode assigned for acquittal, was for your memorialist to submit to the court in this summary course of proceedings, and to purge himself of the supposed offence in answering interrogatories upon his own oath.
Your memorialist was, however, permitted to file recognizance himself in £.900, and for Mr. Blair M'Clenachan of this city in £.900 more, for his appearance the next morning. Your memorialist appeared accordingly, and was required to answer interrogatories, which he positively refused; and thereupon the court proceeded to pass sentence on him, to suffer one month's imprisonment, pay a fine of £.10 to the commonwealth, and the costs of prosecution, as by the sentence of said court, marked No. 4, will more fully appear.
That the honorable Thomas M'Kean, William Augustus Atlee, Jacob Rush, and George Bryan, Esqrs. were upon the bench when the aforesaid sentence was passed; but George Bryan, Esq. did not concur with the court, as he was absent in the court the preceding day, when the said Thomas M'Kean,
William Augustus Atlee, and Jacob Rush, Esqrs. formed their determination on the subject.
That your memorialist was imprisoned, and suffered his imprisonment; and upon the 13th day of August last, the honorable the supreme executive council, remitted his fine, as appears by their order hereto annexed marked No. 5.
Finding his fine remitted, and that the costs were discharged by a friend, your memorialist immediately demanded his liberty of the gaoler: being confined on the 13th of July, for a month, and a month in law only consisting of 28 days, his time of imprisonment expired the 12th day of August. But Capt. Reynolds the gaoler declined granting the request until he had consulted the chief justice; after which, he replied to your memorialist, that the chief justice forbid him to enlarge your memorialist until the 15th of August, as the record was wrong; and such were the intentions and determination of the bench—Shortly after the chief justice followed Captain Reynolds up to the gaol, and with his own hand delivered him a letter, of which the following is a true copy, and which is marked No. 6, in the appendix of testimony.
SIR,
WITH respect to the time of the imprisonment of Mr. Oswald, it was intended to be for one kalendar month, that is, until the 15th of August, and so expressed when judgement was given; but as it is not so fully expressed in the entry on record, and the fine has been remitted by council, I am of opinion you will be excusable in discharging him immediately, and FOR MY OWN PART have no objection to it.
I am, Sir,
Your obedient humble servant,
T H O S. M'K E A N.
Philadelphia, August 13th, 1788.
Joseph Copeperthwait, Esq. sheriff, or the Keeper of the gaol of Philadelphia county.
Although your memorialist doth not wish to excite any particular legislative attention in regard of the unwarrantable and arbitrary directions of the chief justice, to deprive him of his liberty a moment longer than the record specified: nor is he disposed to discuss the truth or safety of the record itself in other respects—yet he humbly conceives it is unprecedented in modern law, and of very dangerous consequence at all times in a free government, to allow a judge to deviate from or inure errors in the records of a public officer, in whom the law places the most unlimited confidence, and to whose minutes the greatest respect is due, inasmuch as our liberties, properties, and our lives, depend on the supposed verity and stability of such records.
Your memorialist aspires to considerations of a higher nature, touching the measures which the supreme court adopted with him, in immuring him in prison, without even the shadow of a trial, for an imaginary offence, not committed in view of the court, but at a distance, before any process was ever returned to the court by any known officer, of the law, and when they were not in possession of the cause. On this subject, your memorialist solemnly appeals to your honorable body, who are the great constitutional judges of the grievances of the people, and have ample powers assigned to impeach every officer and present him to the president and supreme executive council for trial and punishment.
In making this address, your memorialist relies with the most pleasing confidence upon your justice and candor.—Considering you as the chief guardians and supporters of our laws and privileges, and bound to prosecute and correct the misdeeds of justice in every station, who are found chargeable with mal-administration of the laws, and abusing the powers delegated to them. Your memorialist now applies to you as the national inquest of the commonwealth for redress; and calls upon you to declare, under the oaths you have taken, whether the justices of the supreme court in the commitment of your memorialist (as above set forth in the statement of facts) have not exercised extraordinary and illegal powers, subversive of the constitution of the state, and dangerous to the personal liberty and safety of every inhabitant of the country.
It is apprehended the freemen of Pennsylvania are governed by known laws, and not by the arbitrary will and determination of judges, introducing summary, Star-Chamber proceedings, for no other purpose, apparently, than to demolish juries and blast our dearest rights and privileges. Nor is there any pretension to a power of interpreting and expounding the law, that can justify or exempt judges when they presume to violate and trample upon it: for the judicial power, it has been well observed, "is founded on law, and judges have no power to derogate therefrom, nor to do wrong." Few men at first discover the danger of even trivial changes in fundamentals; and those who are bent upon effecting them, usually act with so much artfulness, that they frequently execute the most execrable plans, under fair and specious pretences. Every attempt, therefore, of changing the law and usage of the country; every design to deviate from and break our constitution, ought most carefully to be observed and timely checked and opposed. Nor is it only the interest of the people that such fundamentals should be duly guarded, for whose benefit and happiness alone they were at first so carefully laid, but of the commonwealth, and its rulers also, for whose sake those pretend to act who would willingly sacrifice every vestige of freedom at the polluted shrine of despotism!
The legislative, executive, and judicial officers of this commonwealth, are under the religious ties of a solemn oath to maintain our constitution, and to do nothing directly or indirectly prejudicial or injurious thereto. The judges of England are also under similar obligations not to swerve from the laws of that country. And it is not to be forgotten, that in the early periods of the English history, punishments have been high, and been very severe against such judges as suffered the course of justice to be perverted, or the rights and liberties of the people to be invaded. Lord Somers, in his celebrated essay just alluded to (page 69 24) tells us, "the judges in such cases forfeited their bodies, lands, and goods, as in cases of treason." Judge Thorpe, therefore, in Edward the third's time, was hanged: In Richard the second's time, eleven of the judges were condemned to death; and although
* See Lord Somers's essay, page 69.
† See constitution, section 40.
two were executed, all the others were forever banished as unworthy to enjoy the benefit of that law which they had so perfidiously and basely betrayed, and as examples to future judges, and forever to make their ears tingle. "So (continues this judicious writer) it belongs to our parliament as being one of the great ends as well as reasons for which they ought to be frequently called and assembled, to inquire into and punish the crimes and oppressions of judges and executive officers, as the great inquest of the kingdom, and the neglect of this, in not making so frequent and signal examples of parliamentary justice among the ministerial dispensers of our laws, as our ancestors used to do, hath been the encouragement and cause of so many usurpations and invasions of the laws, immunities, rights and privileges of the nation."
By our constitution, every person has a right to the freedom of speech, and of writing and publishing his sentiments; and the freedom of the press is expressly secured to every man. Your memorialist, therefore, held himself justifiable in publishing the address alluded to, which speaks for itself, and, your memorialist humbly conceives, conveys no manner of contempt to the court, not only as the court could not be legally possessed of the cause, till the return day of the writ, but because the publication did not touch on the merits of the cause commenced in court; nor obstruct the course of the court in any respect in accepting the sheriff's return, or in taking your memorialist's appearance, or proceeding in the usual way. Nor had the said publication any improper tendency to influence a jury as the cause could not be tried the first term to which it was returnable. The constituent, descriptive properties of a contempt do not, as your memorialist is well informed, by any means form the features of the aforesaid address.
It is laid down in An Essay upon Warrants, &c. in high estimation, supposed to be written by Lord Camden, "libels or defamatory expressions out of court, upon what hath passed in court, are no let or hindrance to the 'processes of the court, or to national justice; they do not break a spring, clog the wheels, or stop the vibrations of the judicial machine, and therefore do not necessarily require instantaneous retraining. Nothing but absolute necessity can warrant commitment before trial by a jury, the right of every man by magna charta. Actual breach of the peace, and actual contempt of law proceedings, vindicate upon that principle such restraint. No other offences do, and least of all those committed by writers."
But if your memorialist had committed a contempt, by construction of the judges, it is no more than a criminal offence in the eye of the law, for which he hath a right to a trial by a jury of his country expressly by our constitution, and is not under the power of attachment to be at the mercy and wild discretion of the court, subject to pain of perpetual imprisonment, to answer upon oath to interrogatories tending to make him excuse himself. "That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favor, and a speedy public trial, by an impartial jury of the country, without the unanimous consent of which jury, he cannot be found guilty: nor can he be compelled to give evidence against himself: nor can any man be justly deprived of his liberty, except by the laws of the land, or the judgment of his peers." 9th sect. Bill of Rights.
That such interrogatories have an unquestionable view to criminate a freeman, is very evident; for unless the answering them one way would convict him, the answering them the other way could not clear him: the affirmation must do one in the same proposition that the negative does the other. Thus out of the mouth of every culprit arises proof for his own condemnation, which is contrary to the fundamentals of law and natural justice, which protect every man from impeaching himself. Indeed this mode of prosecution originated from the odious Star Chamber of old, which was abolished for its oppressive practices, and seems a perfect alien to the genius of our own constitution, which is our greatest bulwark and safeguard.
But this is not the place for argument or discussion, or your memorialist would proceed to make some comments on the case of Bingley, whom the court of England deprived of his liberty for a supposed, constructive contempt, without allowing him a trial by jury, for refusing to answer interrogatories. It is not the business of your memorialist to step into the field of investigation—This is reserved for his superiors in wisdom and representation; to whom he now cheerfully resigns the consideration of his grievances, which involves us in a circle of important consequences, of which every successive one seems to be the greatest. Upon the event of your legislative deliberations it may depend—Whether the constitution of this state doth not secure the citizens in the possession of personal liberty, and not subject them for constructive offences to be attached at the will and pleasure of a court; nor compel them to excuse themselves, under interrogatories, without the intervention of witnesses and a jury. It will now, it is to be hoped, be decided, whether the judges did not infringe the constitution in direct terms, in the sentence passed upon your memorialist; and whether, of course, they have made themselves proper objects of impeachment; so that the judgment imposed upon your memorialist may be reversed for its injustice and illegality, and be forever expunged and disregarded as a precedent in Pennsylvania!
ELEAZER OSWALD.
Philadelphia, Sept. 4, 1788.
¶ Page 192.
[THE APPENDAGE OF TESTIMONY, referred to by No. 1, No. 2, &c. has already been published in this Journal. Turn to back numbers.]
FROM THE INDEPENDENT CHRONICLE.
Messrs. Adams & Nourse.
Please to give the following a place in your very useful paper.
To the respectable FREE MEN of the UNITED STATES of AMERICA.
Fellow Countrymen and Citizens,
ANIMATED by those noble principles of virtue and freedom, which are the dignity of human nature, you spurned the idea of dependence and vassalage, asserted your rights, and, under the smiles of heaven, to the wonder of an admiring world, established your independence and sovereignty.
Actuated by sentiments of wisdom, and foresight, you have generally adopted a federal constitution, which is ere long to be put in practice—and to an eye of reason, promises, if well administered, to confirm your independence and sovereignty—to render you prosperous and happy at home, and respected abroad. But it has been, and still is the opinion of many, that certain amendments are absolutely necessary to render the constitution still more perfect, and to secure to you, and your posterity, under every administration, the blessings of that liberty, you have so dearly purchased, and which it is the duty of enlightened freemen ever to provide. These considerations have induced me to address you at this time, and with all deference to interest, that you do not lose sight of the important object so highly interesting to yourselves and posterity. The amendments which have been proposed by the different state conventions, are not local, they equally concern all the states: whether all that have been mentioned are absolutely necessary, is not for me to determine: but in some of them, there is such a general concurrence, that but little, if any doubt can remain of their eligibility. It is not improbable that there will be found some who do not wish for any amendments; or that any further checks should be provided, than are at present in the constitution; but I assure myself, that a large majority of you think otherwise, and that you will not be diverted from proper and necessary endeavours to obtain the object, by any animadversion, cant, or ridicule, that may be thrown out on the subject; it is to be observed, that this is already beginning to discover itself. The circular letter from the convention of New-York, has had the epithets of impertinent and impudent, bestowed upon it, and probably more will be advanced, as the time draws near. If amendments are necessary, they claim an early consideration, and measures for the purpose merit your first attention. Will it be improper to hint, that in the choice of senators and representatives, this object among others naturally presents itself to your consideration, and that such instructions as may be necessary, be seasonably prepared; you have hitherto been the peculiar care of a kind providence, may you and your posterity after you, be a name and a praise among the nations of the earth, is the ardent wish of
SOLON.
FROM THE PENNSYLVANIA PACKET.
HARRISBURG, Dauphin County, state of Pennsylvania, September 3, 1788.
AGREELY to a circular letter, which originated in the county of Cumberland, inviting to a conference, such of the citizens of this state, who conceive that a revision of the federal system, lately proposed for the general government of the United States, is necessary; a number of gentlemen from the city of Philadelphia, and counties of Philadelphia, Bucks, Chester, Lancaster, Cumberland, Berks, Northumberland, Bedford, Fayette, Washington, Franklin, Dauphin and Huntingdon, assembled at this place for the said purpose, viz.
Hon. George Bryan, Charles Pettit, Blair M'Clenachan, Richard Backhouse, James Hanna, Joseph Gardner, James Mercer, Benjamin Blyth, Robert Whitehill, John Jordan, William Sterrit, William Rodgers, William Paterson, Jonathan Hoge, John Bishop, Daniel Montgomery, John Lytle, John Dickey, Hon. John Smiley, Albert Gallatin, James Marshall, Benjamin Elliot, Richard Baird, James Crooks, Adam Orth, John Rodgers, Thomas Murray, Robert M'Kee, John Keam, John A. Hanna, Daniel Bradley, Robert Smith, James Anderson.
Blair M'Clenachan, Esq. was unanimously elected chairman, and John A. Hanna, Esq. secretary.
After free discussion and mature deliberation had upon the subject before them, the following resolutions and propositions were adopted.
The ratification of the federal constitution having formed a new era in the American world highly interesting to all the citizens of the United States, it is no less the duty than the privilege of every citizen to examine with attention the principles and probable effects of a system, on which the happiness or misery of the present as well as future generations so much depend. In the course of such examination many of the good citizens of the state of Pennsylvania have found their apprehensions excited, that the constitution, in its present form, contains in it some principles which may be perverted to purposes injurious to the rights of free citizens, and some ambiguities which may probably lead to contentions incompatible with order and good government. In order to remedy these inconveniences and to avert the apprehended dangers, it has been thought expedient that delegates chosen by those who wish for early amendments in the said constitution should meet together for the purpose of deliberating on the subject, and uniting in some constitutional plan for obtaining the amendments which they may deem necessary.
We the conferees, assembled for the purpose aforesaid, agree in opinion,
That a federal government only, can preserve the liberties and secure the happiness of the inhabitants of a country so extensive as these United States; and experience having taught us that the ties of our union, under the articles of confederation, were so weak as to deprive us of some of the greatest advantages we had a right to expect from it, we are fully convinced that a more efficient government is indispensably necessary: but although the constitution proposed for the United States is likely to obviate most of the inconveniences we labour under, yet several parts of it appear so exceptional to us that we are clearly of opinion considerable amendments are essentially necessary. In full confidence, however, of obtaining a revision of such exceptional parts, by a general convention, and from a desire to harmonize with our fellow citizens, we are induced to acquiesce in the organization of the said constitution.
We are sensible that a large number of the citizens, both in this and the other states, who gave their assent to its being carried into execution, previous to any amendments, were actuated more by the fear of the dangers that might arise from delays than by a conviction of its being perfect: we therefore hope they will concur with us in pursuing every peaceable method of obtaining a speedy revision of the constitution, in the mode therein provided; and when we reflect on the present circumstances of the union, we can entertain no doubt that motives of conciliation and the dictates of policy and prudence, will conspire to induce every man of true federal principles to give his support to a measure, which is not only calculated,

to recommend the new constitution to the approbation and support of every class of citizens, but even necessary to prevent the total defection of some of the members of the union.
Strongly impressed with these sentiments, we have agreed to the following resolutions:
I. Resolved, That it be recommended to the people of this state to acquiesce in the organization of the said government; but although we thus accord in its organization we by no means lose sight of the grand object of obtaining very considerable amendments and alterations, which we consider essential to preserve the peace and harmony of the union and those invaluable privileges for which so much blood and treasure have been recently expended.
II. Resolved, That it is necessary to obtain a speedy revision of said constitution by a general convention.
III. Resolved, That in order to effect this desirable end, a petition be presented to the legislature of this state, requesting that honorable body to take the earliest opportunity to make application for that purpose to the new Congress.
[The petition proposed we are obliged to postpone until next week.]
From the Gazette of the State of Georgia.
MR. JOHNSTON,
FERGUSON, in his astronomy, tells us, if the earth should turn on its axis in 84 minutes, 43 seconds, all bodies would lose their weight; but as he does not acquaint us with the method by which this is discovered, I am induced to communicate it, for the satisfaction of such of your readers as have a taste for such disquisitions.
The earth's diameter: 7970 English miles: reduce this to feet, and take one fourth the product: divide this fourth product by 16. 1 foot, the space a heavy body falls in a second of time, and the square root of the quotient, will give the time in seconds wherein a heavy body can fall through one fourth of the earth's diameter, supposing gravity to continue the same as at the surface of our globe, which supposition produces no error in the operation. Find the number of feet in the earth's circumference, by multiplying the feet in its diameter by 3, 14, 16; then say, as the earth's semidiameter in feet is to its circumference in feet, so is the time before found to a fourth proportional, which will be equal 84 m. 43 s. nearly, or the time in which the earth must turn to cause all things to lose their weight. If the revolution should be performed in less time all things would be thrown off the surface.
I may, at another time, add an explanation of this method, but the love of brevity makes me omit it at present.
Astronomers have often given us tables exhibiting the proportional density, quantities of matter, light and heat, gravity at the surface, &c. of the sun and planets; but their methods of investigation are as abstruse as if intended to conceal what they pretend to explain; wherefore, if you will permit your paper to answer the usual purposes of a magazine so far (as we have none printed in this state) I will send you practical rules to publish, for the satisfaction of your readers, by which they may easily calculate these properties of the sun and planets. I am, Sir, your most obedient servant, Georgia, Aug. 1, 1788. N.
American Occurrences.
HALIFAX, July 22.
SINCE our last arrived here rear-admiral Sawyer, in his Majesty's ship Leander, Capt. Sir James Barclay; accompanied by the Resource, Capt. Minchin; Thistle, Capt. Hood; and the Brick, Sloop of war, Capt. Buller.
We are authorized to inform the merchants and other inhabitants of the town, that rear-admiral Sawyer will sail for England, in his Majesty's ship Leander, on Friday the 1st day of August; and that his Majesty's ship Resource will sail for England the 1st day of October next.
Thursday last a small vessel from Quebec arrived here, in which came passenger the Hon. JEREMY PEMBERTON, Esq. chief justice of his Majesty's supreme court for this province.
August
Wednesday arrived here the Greyhound Yacht, with his excellency governor PARR, from a visit to the settlements to the westward of Halifax.
On Friday last sailed for England, in his Majesty's ship Leander, Sir James Barclay, commander, rear-admiral HERBERT SAWYER, Esq. late commander in chief of the fleet on this station.
At the same time, the Resource, Capt. Minchin; Thistle, Capt. Hood, and the Weazle, Capt. Sawyer, sailed on a cruise.
August 19.
On Sunday evening last arrived here his Majesty's frigate Andromeda, commanded by his royal highness Prince William Henry, from Great-Britain.
Lord Howe has resigned his office as first lord of the admiralty, and is succeeded by the earl of Chatham; Lord Hood is appointed one of the lords of the admiralty. August 26.
The return of two vessels, lately, which went to Quebec for cargoes of wheat, without any of that commodity, contrary to expectation, shews that we are not to rely on that quarter for such supplies—and that we must still depend on our usual resources.
BOSTON, September 5.
MANUFACTURES.
It is with great pleasure we inform our readers, that the buildings and works, in which the manufacture of SAIL CLOTH and GLASS are intended to be carried on—the one in Nassau-street, and the other in Essex-street, are prosecuting with the utmost vigour—and promise soon to be completed, and to give employment to a great number of persons, especially females, who now "eat the bread of idleness," from the want of some calling whereby they may gain an honest livelihood.
PITTSBURGH (Penns.) August 30.
Accounts of the 14th, by express from the Indian country, mention, that the different nations will shortly meet at the Great Miami, and in a few days proceed to Mufkingum to the treaty, and so far as can yet be learned they are fully despatched to be at peace with the United States. They further add, that the soldier lately taken from the Falls of Mufkingum is given up at Michelmackena, and is now on his way to join the troops, and that every thing now wears the aspect of accommodation.
New-York, Sept. 18.
SINCE our last the brig Ann, Capt. Lawrence, arrived here from London. Capt. Lawrence brings papers so late as the 10th of July, but they contain nothing of consequence, except—That, the refusal of a passage to the Russian fleet into the Baltic and Mediterranean, by the Swedes, Danes, &c. has roused a cloud of investigators into its principles. It has so rekindled through the north, and such preparations, have been made in consequence, that it is now supposed, the Russians will not attempt the passage: That the plague rages in the Ottoman empire, particularly in the city of Constantinople, canal, harbour, and fleet: That the expences of the grand army at Hungary is calculated at 50,000. sterling a day: That the Porte has received a declaration from Spain, intimating that they will not oppose the passage of the Russian fleet in the Straights of Gibraltar, if they have no English sailors or transports: That the Emperor of Morocco has informed the Divan, he will take part with the Porte in the present war against any power whatever: That General Prince de Lichtenstein has desired the battalions which are sent to his assistance may march night and day; from this it is presumed that he is in daily apprehension of an attack from the Turks encamped near Dubicza: That on the 14th of June, the Swedish fleet, consisting of fifteen sail of the line, were at the entrance of the Gulph of Finland: That on the 18th of the same month, the Russian fleet sailed from Cronstadt, and were composed of sixteen sail of the line, among which were two first rates, mounting 100 guns each; an action between these two powers is therefore looked for as a consequence almost inevitable: That the Swedish army assembled in Finland is composed of 35,000 men, all well equipped, and in a good state of discipline: And that, according to the last returns, the British fleet consisted of 127 ships of the line, 111 fifty gun ships, 101 frigates, and 40 sloops of war: Also, via Paris, that hostilities had already commenced between their troops and those of Russia, on the borders of Finland.
British Naval Intelligence.
"The Monsieur frigate, which was taken last war from the French, and lately purchased by an eminent merchant in the city, for the Turkish service, has been stopped at Deptford, by an order from government, on account of her being manned by British sailors. She had her top-sails loose, and was just going to sail when the orders came down. "The Sybil, another frigate, purchased for the same service, found means to elude her pursuers, and got clear away."
ACTUAL TROUBLES IN FRANCE.
Extract of a letter from L'Orient, received by the brig Lively, Capt. Kelsa, July 17.
"In this unfortunate and unhappy country we cannot depend upon any thing. The King is now at WAR with his subjects and there are many regiments of infantry that have refused to serve him against their country. The phalanx begin to collect in formidable bodies, and have offered a large reward for the head of the Intendant of the city of Rennes, who has had the good luck to escape."
"Every thing at present seems to have a melancholy aspect; the minds of the people are much irritated. This was continued these three months, and we do not know when nor how it will end. Thus we behold the consequences of a bad administration!"
By the late Halifax papers we also learn, that the whalemens from that port have been very successful, several having arrived with valuable acquisitions of oil and bone.
We learn from Philadelphia, that a plan is now on foot for redeeming and burning the remaining part of the late paper emission of 150,000. in bills of credit, which is supposed to be about 83,000. by a private subscription, thereby preventing the present destructive speculation upon that commodity.
On the 8th in the house of assembly of Pennsylvania, the CIRCULAR LETTERS from the president of the several state conventions of South-Carolina, Virginia, New-York, and North-Carolina, were entered upon the minutes of the house.
Capt. Vandeurfen, who arrived at Middletown last Thursday from Martinico, informs, that a heavy gale, which after proved a hurricane, came on the morning of the 14th of August, at which time he made sail, and arrived at St. Eustatia on the 17th. He fell in with a number of American and other vessels distressed, and heard of several others. The shipping put to sea from St. Eustatia, but the gale, there, was not very severe. No account of the damage at windward had arrived when Capt. Vandeurfen left St. Eustatia. The Sunday after the hurricane at Martinico, there was a light shock of an earth-quake.
We learn, from Philadelphia, that the ship Alliance, Capt. —, has arrived in the Delaware, from Canton, in China, having on board a valuable cargo.
We learn, that a small pleasure craft was run down near Go* nor's Island, on Sunday last, by a pilot-boat, but that fortunately no lives were lost.
On the 10th inst. the atmosphere over Philadelphia was so clear, that both the beautiful planets, Jupiter and Venus, were visible to the naked eye even at noon-day. Jupiter being in Cancer, 55° west of the sun, could be seen until within an hour of his setting which was at thirty-seven minutes past three in the afternoon; and Venus being in Leo, 38° west of the sun, was visible almost to her going down, at seven minutes past 4 in the afternoon. Venus was so very conspicuous during the whole day, that most of our citizens had the pleasure of viewing this curious phenomenon. Those, who have not had an opportunity of seeing these planets in the middle of the day, may be gratified on the next clear day, as they will continue to be equally conspicuous for upwards of two months to come.
The same day two stars were very conspicuous over this city, but we have not heard whether or not the astronomers of our vicinity have attempted to investigate either their names or situation.
On the 12th in general assembly of Pennsylvania, the address and memorial of Eleazer Oswald, was read the second time, and referred to Messrs. Clymer, Evans, Hudley, J. Hieffer, Irwin, M'Dowell and M'Lene, for the purpose of reporting the form and order of proceeding thereon.
There is a branch of liberty, says Cæsar Agrippa, which I know not whether to consider as a natural right retained; it rather seems to be acquired by entering into society. I mean that which every member of society has, to speak his sentiments openly concerning such matters as effect the good of the whole. When any man makes himself a member of a community, he becomes concerned for the whole, as well as for his particular part: He ventures his life and fortune upon the same bottom; and is perpetually interested in its good or ill success. Whenever, therefore, he perceives a rock upon which there is a probability that the vessel may split; or if he sees a shoal, or sand that may swallow it up; or if he foresees a storm likely to arise; his interest is too deeply concerned not to give notice of the danger; and the right he has to his life and property, gives him a right to speak his sentiments. If the pilot of the ship refuses to hear, or if the Captain will take no notice, yet it is certain they acquire no right to punish the well-meant information, nor to stop the mouth of him who thinks he deserveth danger to the whole ship's crew.
Wednesday the 3d inst. was celebrated, the anniversary commencement at Providence; when the degree of BACHELOR OF ARTS was conferred on TWENTY young gentlemen; and the degree of master of arts on Mr. Abel Flint, a tutor of that college.
The honorary degree of master of arts conferred on the Rev. John Stanford of Providence—Also on Joseph Winter, Esq. of New-York.
The degree of doctor of divinity conferred on Rev. Samuel Sullman, of Bolton—Also, on the Rev. Enos Hitchcock of Providence.
The degree of doctor of laws, conferred on his excellency John Hancock, Esq. governor of the commonwealth of Massachusetts.
The respective performances of the young gentlemen met the approbation of a numerous and polite assembly, and reflected an honor on their instructors. May these public testimonials animate them to continue their exertions in the pursuit of knowledge and eloquence, and raise their successors to emulate, and if possible, to eclipse them. And may the refined satisfactions which arise from such specimens of mental ability and improvement, soothe the anxious labours, and animate the future industry of their preceptors.
A CHARITY-SERMON will be preached, at the request of the society for the relief of distressed debtors, confined in gaol, TO-MORROW evening, in the OLD PRESBYTERIAN CHURCH. Divine service will begin precisely at seven o'clock.
The Painter of the American Museum, at Philadelphia, requests to be favored, by such gentlemen as have them in their power, with documents respecting the population—exports—imports—shipping—manufactures, &c. of this, or any of the other states in the union. As the object is to form a comparison between different periods, if the documents be for years remote from each other, they will be more useful, and enhance the obligation conferred on him.—To be early enough to answer his immediate purpose, they ought to be in his possession on or before the 20th inst.
MARRIED—On Saturday evening last by the Rev. Mr. Moore, Mr. PETER SHACKERLY, cabinet-maker, to Miss MARY M'DOWL, both of this city.
DIED—at Poughkeepsie, after a short illness, Doctor Charles Crook, of this place, Surgeon to Col. Banfcotent's regiment, in the 24th year of his age, leaving a wife and one child, with a large number of relatives and friends to bemoan his early departure from this life.
ARRIVED—Lawrence, London; Swansey, Leghorn; Whitlock, Liverpool; Stewart, Cayenne; Barnard, Cape-Francis; Dick, and Painter, Turks-Island; Anderson, Tortola; Nariko, Havannah; Malliby, St. Thomas; Coit, Hispaniola; Robinson, St. Martins; Robinson, Bermuda; McCulloch, Parker; and Canlo, Nova-Scotia.
The genuine MOTIVE of BOON, received yesterday, requires elucidation previous to its admittance.
By the UNITED STATES IN CONGRESS assembled, Sept. 13, 1788.
WHEREAS the convention assembled in Philadelphia, pursuant to the resolution of Congress of the 21st of February, 1787, did, on the 17th of September in the same year, report to the United States in Congress assembled, a constitution for the people of the United States; whereupon Congress on the 28th of the same September, did resolve unanimously, "That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention made and provided in that case." And whereas the constitution so reported by the convention, and by Congress transmitted to the several legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications duly authenticated have been received by Congress, and are filed in the office of the secretary—therefore,
Resolved, That the FIRST WEDNESDAY in JANUARY next, be the day for appointing electors in the several states, which before the said day shall have ratified the said constitution; that the FIRST WEDNESDAY in FEBRUARY next, be the day for the electors to assemble in their respective states, and vote for a President; and that the FIRST WEDNESDAY in MARCH next, be the time, and the present seat of Congress the place for commencing proceedings under the said constitution.
CHARLES THOMSON, Secretary.
A SCRAP.
WHAT shall be said of the conduct of those persons who spend whole days and nights at the CARD TABLE, risking their fortune to the uncertain dealing of the cards, liable every moment to plunge them into the arms of poverty, and perhaps into prison—not only reducing themselves, but the wives of their bosoms, and their tender offspring, perhaps from ease and affluence to a state of indigence and wretchedness, which imagination cannot paint, and which words were intended to describe! The card-table is the nursery of every vice—gambling and cheating go hand in hand—lying, profane cursing and swearing, and excessive drinking, are their constant attend-
ants. Shew me a gambler, and I will shew you one who despises the laws both of God and man; one who is a foe to virtue, and a slave to every vice.
The very wretchedness, which "words were never intended to describe," see the New Jersey Journal of September 3, as follows:
We hear from Hackett's town, Sussex county, that a young man, of respectable connections, got so vitiated in the ways of vice by gambling, that he made a descent on his brother-in-law's property, purloined a considerable sum of hard money, and then, in conjunction with the gentleman's servant, stole two horses and made off. Well might that arch impostor Mahomet, viewing the perniciousness of his fault, expressly prohibit it in the Koran, as a step to every species of vice.
By Order of the Honorable Paul Micheau, Esq. Judge of the Court of Common Pleas of the County of Richmond and State of New-York:
NOTICE is hereby given to Richard Christopher, of Nova-Scotia, in the province of New-Brunswick, an absent and non resident debtor, and to all others whom it may concern, that upon application and due proof made to the said judge (pursuant to an act of the legislature of the state of New-York, entitled, "An act for relief against absconding and absent debtors," passed the fourth day of April, 1786) by John Christopher, a creditor of the said Richard Christopher, he the said judge has directed all the said Richard Christopher's estate, real and personal, within said county to be seized; and that unless he shall discharge his debts within one year after the publication of this notice, all his estate, real, and personal, will be sold for the payment and satisfaction of his creditors. Dated this 10th day of Sept. 1788. 65—
For the CONVENIENCE of MERCHANTS.
Just Published.
And to be sold at this Printing-Office, A CATALOGUE of those ARTICLES of MERCHANDIZE on which DUTIES were imposed by late acts of the legislature of this state, viz. of April 11, 1787, and March 12, 1788; which duties took place on the 1st inst.
In the arranging of this catalogue neither pains nor expence of time has been spared to render it of great utility to the Merchants, by selecting and properly distinguishing the several rates of impositions—upon GOODS imported in vessels built in the United States since April 11, 1787, and not really and bona fide wholly the property of the citizens—imported in foreign vessels—and in American vessels. This work would require labour, and the most intense study, and attention of the best merchant, so nicely to distinguish. It is printed upon a large substantial sheet of paper, with the several kinds of duties in distinct columns, in such a manner that they can be readily consulted when palled up in a Counting-house.
As a small number of this kind of work fell, in general, the sale being confined to merchants, 2/6d. each was at first demanded; but, finding no one chose to purchase at that rate, the Printer has (lest he should sink his whole labour and expence) fixed the price at One Shilling only.
N. B. A few of the supplements of the acts, passed the 10th of March, to be sold at this office.
Sept. 11, 1788.
65—
At a Meeting of the Society, for the Relief of Distressed Debtors, held at the House of Mr. John Simmons, the fourth Day of September, one thousand seven hundred and eighty-eight. [On emergency.]
JONATHAN LAWRENCE, Esquire,
President for the Evening.
THE Committee of Visitation reporting, that from the great Number of Persons relieved, the Funds of the Society were totally exhausted. That there were several distressed Debtors in Prison, who had no other Subsistence, but what was derived from this Body; and that without such Aid, they must want the common Necessaries of Life. And the said Committee further reporting, that it would be necessary for the Society, to procure a quantity of Fire-Wood for the Benefit of the Prisoners the ensuing Winter; and that, were the Means in the Power of the Society, the same might be purchased at present, at a very low Rate: whereupon, on Motion, it is unanimously voted, that the Clergy in this City, be earnestly requested, to preach Charity Sermons in their respective Churches, for promoting the important and benevolent Purposes of the Society. And that Doctor Rogers, Mr. Linn, Mr. Beach, and Dr. Kunze be a Committee for making the necessary Arrangements to carry the same into Effect.
Published by order of the Society.
65—1.f. W. COCK, Secretary.
TO BE SOLD, By WILLIAM PRINCE, At Flushing Landing, on Long-Island, near NEW-YORK, A large COLLECTION of FRUIT TREES,
As follows, viz.
ALL sorts of Apples, Pears, Plumbs, Cherries, Peaches, Nectarines, Apricots, Quince, and Mulberry Trees, Fig Trees, black, white, and red Currants; a Variety of fine Gooseberries, red and white English and large Canada Raspberries; a great Variety of Strawberries, among which is the large Hudson, which for size exceeds any yet discovered, are high flavored and great bearers; Madenia, Liliben, and large Syrian Grape Vines, English and American Walnuts, hard and soft shell Almonds; a great Variety of Roses and other Flowering Shrubs; fine dried Tulip and Tube Rose Roots, and a great Number of other Plants too tedious to mention here, but may be seen in the Catalogue, which may be had gratis, at Mr. Hugh Gairdner's, Printer, in Hanover-square, New-York, where Orders left will be immediately attended to.
Many thousands of the above Trees are large and of a proper Size for transplanting. The Price of the Fruit Trees is Two Shillings each—the Shrubs and Plants are of different Prices as may be seen in the Catalogue.
New-York, Sept. 4, 1788.
64—4w.

POET'S CORNER.
The CAT and the EAGLE. A FABLE.
Written during the late contest between Great Britain and America.
"Now let the Bricken Deer go weep."
HANLET.
MOST hide to the week, and murder his de- An Eagle, in that awful hour, light, When justice blasts the wings of power, Soar'd thro' Colonial skies, in sanguinary flight.
Here, defenceless in the peaceful vale below, Illusive shapes his eyes survey, At once he pounces on the prey, And strikes, or seems to strike, the formidable blow.
The victim seiz'd, the tyrant mounts the air, Nor felt, 'till all bedew'd with gore, That, fatal to himself, he bore, Within his grasp, a Cat—but not the expiring Hare.
Deep in his mangled side he drives her pointed claws: And, whilst upon her angry breath, Some drops of blood appear to rise, A deluge from the tick'd barbarian's heart she draws.
"Forgive my error! I quit your hold," the Eagle cries. "No, place me on the very ground, Where, inoffensive, I was found, Or else my power, and yours, forever dies."
A WISH.
FROM a cross neighbour, and a fallen wife, A pointless needle, and a broken knife; From surety-ship, and an empty purse, A smoking chimney, and a jolting horse; From a dull razor, and an aching head, From a bad conscience, and a buggy bed; A blow upon the elbow, and the knee; From each of these—may I continue free!
REPARTEE.
A FRENCH lad, who was sent to England for his education, landed at Bristol on Saturday afternoon. As he walked through the streets, eagerly surveying every object, he said, "This is a large city, but where are the people?" His guide informed him, that it was Sunday, and the people were gone to church. "O, ho, that is very well," says he: and, going on a little further, he came to the draw-bridge, when the tide happened to be out; "O, mon dieu!" says he, shrugging his shoulders, and lifting up his hands, here is a large channel without any water! but as it is Sunday, you know, it is natural to suppose, that the water is gone to church."
ANECDOLE.
ONE of the late king of Prussia's domestics having put his patience and humour to the trial, his majesty gave him a box on the ear that somewhat disordered his hair, which had just been dressed in the Parisian mode. The fellow, not in the least disconcerted, went to his majesty's looking-glass to repair one of the side curls that was deranged by the blow: "How, you rascal, says the king, can you have that audacity?" "Sir, replied the valet, with the greatest composure, I am only putting up my hair, in order that the people in the anti-chamber may not know what has passed between you and I." His majesty could not help laughing at the fellow's impudence, and the droll manner with which he supported it, and immediately retired into another room.
PIRATE S.
A Jamaica paper of June 14, says:—By a gentleman from St. Domingo, we learn, that about three weeks ago, as a small Spanish sloop was lying under Cape Altavella, near the Friar's Rocks, on the coast of Hispaniola, an English built brigantine, crowded with men, and mounting ten carriage guns and a number of swivels, beat up under her stern, after sunset; but getting into shoal water, the suddenly hove to, and sent a boat with armed men on board the sloop: The Captain of which, observing that his intended visitors were in a state of hostile preparation, instantly slipped his cable, made sail, and ran into shoal water; upon which, several shots were fired at him from the brig; but night coming on, the Spanish Captain made his escape, his vessel being a fast sailer, and himself well acquainted with the navigation of the coast. Before the sloop was out of sight, the boat's crew belonging to the brig boarded a small Spanish Schooner, and carried her off. The brig carried a blue flag at her ensign staff, bespangled with stars, and to all appearance was an American pirate.
Rising and Setting of the SUN and MOON. Table with 4 columns: Day, R. (Sun Rise), S. (Sun Set), R (Moon Rise), S. (Moon Set).
HIGH WATER.
Table with 3 columns: Day, H. (Hours), M. (Minutes).
Assize of BREAD.
As established December 5, 1787. A Loaf of inspected Superfine Wheat Flower to weigh Two Pound Five Ounces for Six-pence. A Loaf of Rye Flour to weigh One Pound Twelve Ounces for Three-pence.
Just Published, and to be sold, by M. CAREY, In Second, near Chestnut-street, Philadelphia (Price Quarter Dollar)
The American Museum,
For JULY, 1788, Being the First Number of Volume IV. Such ladies and gentlemen as have not had an opportunity of inspecting this work are respectfully referred, for its character, to the following extracts of letters:—
From his Excellency General Washington, to the printer of the American Museum.
Mount Vernon, June 25, 1788.
I BELIEVE the American Museum has met with extensive, I may say, with universal approbation from competent judges: for I am of opinion, that the work is not only eminently calculated to disseminate political, agricultural, philosophical, and other valuable information—but that it has been uniformly conducted with taste, attention and propriety. If to these important objects be superadded the more immediate design, of rescuing public monuments from oblivion—I will venture to pronounce, as my sentiment, that a more useful literary plan has never been undertaken in America, or one more deserving of public encouragement.
From the honorable John Dickinson, Esq. Wilmington, July 19, 1788.
WITH very great pleasure I have observed, that the American museum has been conducted in a manner highly deserving encouragement. As I do not doubt but it will be continued with the same diligence, prudence, and zeal for advancing the welfare of these states, that have hitherto so eminently distinguished its direction, I fervently wish, and firmly trust, that a generous and enlightened people will justly estimate the merits of a work carried on with such a variety of exertions, and such a fidelity of intentions for the public good.
From his Excellency William Livingston, Esq. governor of New-Jersey.
Elizabeth-town, 8th August, 1788.
PERUSING one of your Museums, lent me by a friend, I hesitated not a moment to subscribe for the work. Since then, I have read all the preceding numbers, and can say, without flattery (which I always detested) that it far exceeds, in my opinion, every attempt of the kind, which from any other American press ever came to my hands.
How familiar soever many of those fugitive pieces, with the collection and republication of which you periodically oblige the public, may be to choose of the present generation who have seen them before, they will, to posterity, be undoubtedly extremely entertaining, and I presume that good printers, like good painters, mean to delineate for eternity. The succeeding age will, with the keenest avidity, search for every thing that has been written, some time previous to, and during the whole continuance of, that memorable conflict, which, by blessing of God, finally terminated in one of the greatest revolutions recorded in history.
The repository will also be of singular use to future historians and annalists, by your collection and preservation of such public documents, as would otherwise, in all probability, be soon swallowed up in the abyss of oblivion. Nor will the present generation reap an inconsiderable benefit from those original pieces, that are calculated to diffuse political, agricultural and philosophical knowledge. Thus much as to my sentiments respecting the utility of your undertaking. Relative to its execution, I think it has hitherto been conducted with great taste, prudence, accuracy and judgment; and will, if continued with the same assiduity and skill, be essentially conducive to public emolument. As such undertakings ought in my opinion to be encouraged by every lover of his country, I sincerely wish you good success in your laudable enterprise.
From Benjamin Rush, M. D.
SIR,
I cheerfully concur in adding the testimony of my name in favor of the usefulness of your Museum, together with my best wishes for its extensive circulation, while it continues to be the vehicle of essays that are calculated to advance the interests of science and virtue, and of the agriculture, manufactures, and national government of the United States.
From, Sir, your most humble servant,
BENJAMIN RUSH.
Wednesday, July 30, 1788.
WE, whose names are hereunto subscribed, having carefully considered the object and tendency of the American Museum, published by Mr. Mathew Carey, are of opinion, that it is a very useful work, calculated to disseminate literary, political, historical, agricultural, and other valuable information, in a very advantageous manner, and to a great extent, and more especially to preserve interesting documents from oblivion. We therefore cheerfully recommend it to the patronage and protection of the public in general.
EZRA STILES, D. D. L. L. D.
President of Yale College.
FRANCIS HOPKINSON,
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WILLIAM WHITE, D. D.
Bishop of the protestant episcopal church in the commonwealth of Pennsylvania.
JOHN EWING, D. D.
Provost of the university of Pennsylvania.
SAMUEL MAGAW, D. D.
Vice-Provost of the university of Pennsylvania.
TENCH COXE.
JOHN ANDREWS, D. D.
Principal of the academy of the Protestant episcopal church in the city of Philadelphia.
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Just Published by M. CAREY, At Philadelphia, and to be SOLD By THOMAS ALLEN, Book-Seller, in Queen-Street, New-York (By whom Subscriptions are received)
The American Museum,
For AUGUST, 1788. CONTAINING.
Moral Essays.
LETTER on marriage. Ascribed to the rev. John Witherspoone, president of Princeton college; Letter on education. Ascribed to ditto. Atticus, No. I. Strictures on various follies and vices,
No. II. Remarks on country fairs, The Visitant, No. I. On the study of human nature,
No. II. Remarks on conversation, No. III. Remarks on the fair sex—on female conversation and accomplishments,
Observations on defamation.
Humour.
The Old Bachelor, Extracts from "a memoir to the American Philosophical Society," The new roof. By the honorable Francis Hopkinson, Esq. Proposals for an exchange of general Burgoyne, Ascribed to his excellency William Livingston, esquire.
Anecdotes.
Anecdote of Dr. Franklin, of a New-England sea-captain, of general Forbes.
Political Speculations.
Requisites for the preservation of good government, Observations on the constitution proposed by the late federal convention, Thoughts on the federal constitution, British state of politics, for May, 1788, Remarks on do. by a French gentleman of distinction at New-York,
On British paragraphical puffs, Thoughts on the imprisonment of colonel Oswald.
Public Papers.
Circular letter from the convention of the state of New-York, Plan of the Philadelphia dispensary for the medical relief of the poor.
American Oratory.
Speech of his excellency — Huntington, Esq. governor of Connecticut, — of the honorable Richard Law, Esq. chief-justice of the supreme court of that state, — of the honorable Oliver Wolcott, Esq. lieutenant-governor of do. — of Mr. Dollard, in the convention of South-Carolina, — of Mr. Tweed, in do. — of Mr. G. Livingston, in the convention of New-York, — of an American quaker, on slavery.
Rural Concerns.
An error pointed out in the culture of maize, On the culture of potatoes, Observations on cheese-making, Advantages of carrots in fattening oxen, &c. On shearing lambs, Directions for making pot-ash from common ashes, — for making peal-ash from do.
Ratifications of the New Constitution.
By the state of New-Jersey, — of Maryland, — of South-Carolina, — of New-Hampshire, — of Virginia, — of New-York.
Amendments to the New Constitution.
Proposed by the state of South-Carolina, — of New-Hampshire, — of Virginia, — of New-York.
Miscellanies.
Comparison between certain French and American customs, Recommendation to establish free schools, Thoughts on the establishment of an economical association, Various anomalies in the English language, Of American recruits, Thoughts on the law prohibiting hogs to prowl the streets of Philadelphia, Biographical anecdotes of the late Anthony Benezet, Address delivered by the Rev. Samuel Magaw D. D. Statement of the various periods at which the new constitution has been ratified, Address to the printers of newspapers throughout the United States, Origin of the name of Vermont, Chronological memorandum.
On Spiritous Liquors.
Observations on the evil consequences attending the use of spiritous liquors, Caution against rum, Various uses to which might be applied the money saved by declining the consumption of spiritous liquors.
Inscriptions. Inscription for a monument agreed to be erected by Congress, to perpetuate the memory of the assistance given by the king of France to the United States, Inscription of a treatise to general Washington. Papers elucidating the rise and progress of the late revolution.
Letter from secretary Conway to lieutenant-governor Fauquier, Secretary Conway's circular letter to the governors in North-America, Votes of the house of representatives of Massachusetts, Vote and agreement of the inhabitants of Wallingford, Resolutions of the sons of liberty in Wallingford, Agreement of the principal gentlemen of Philadelphia, Agreement of the principal inhabitants of New-York.
Poetry.
On Dr. Franklin's shedding a tear, while signing the federal constitution, To the memory of general Lee, On the death of general Montgomery, A fair bargain, The Massachusetts convention, Hymn on the late peace, Masonic hymn, The fabric of freedom, Address to Britain and America, Union, our only hope, Song in praise of general Washington, The comforts of religion, An address, delivered by Mr. Hallam, Lampoon, by W. M. Smith, Esq. Monumental inscription, Res parva concordia crescent, A song in praise of human learning.
This Day is published, and to be Sold, By ROBERT HODGE, No. 237, the Corner of King & Queen-street, The Miscellaneous Works
OF
PHILIP FRENEAU,
Containing his Essays and additional Poems. THIS second volume of our American Author, is replete with the highest sentimental entertainment. Humour, wit, and satire, flow in copious strains.—It requires only to be read to be admired.
Such gentlemen, in this city and state, as honored this vol. with their subscriptions, will be pleased to send for it as soon as convenient.
THE MESSIAH,
Attempted from the GERMAN of Mr. KLOPSTOCK.
TO those who are acquainted with the merits of this work, little need be said to recommend it.—It is calculated to inspire every pious, every virtuous sentiment:—to fill the mind with an awful reverence and love of the Great and incomprehensible GOD and FATHER of all; with the sublimest and most fervent gratitude to our gracious REDEEMER, and a perfect detestation and abhorrence of all vice. In a word, it claims the patronage of ALL who do not blush at owning themselves Christians, and at paying a humble obedience to the King of Kings.
This piece of religious and moral painting has obtained Mr. Klopstock the honor of being esteemed the Milton of Germany, and is considered as having completed what that favorite son of the British muse had left unfinished.—The beauties of the Messiah equal Paradise Lost:—Paradise Regained, though far from being destitute of merit, is universally allowed to fall much below this work, and is acknowledged to be deficient in that unbounded invention, that beautiful machinery, and variety of characters, which distinguish the rigorous efforts of Mr. Klopstock's genius.
The Messiah is formed upon an extensive and important plan, and includes the sufferings, death, and resurrection of Christ.
S E R M O N S.
By the celebrated RICHARD PRICE, D. D. L. L. D. F. R. S.
The Triumphs of Temper;
A Poem in six Cantos.
By WILLIAM HALEY, Esquire. Dr. Gregory's Legacy to his Daughter. Dr. Doddridge's Rise and Progress of Religion. Sheridan's Rhetorical Grammar. The Charms of Melody.—A new Song Book. Tarver's Travels through the interior Parts of America. Economy of Human Life. Webster's American selection of Lessons, in reading and speaking. Webster's Institute, first and second Part, Pike's excellent system of Arithmetic. A few cts of Newton on the Prophecies. Edwards on the Affections. Do. History of Redemption, &c. &c.
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