Gazette of the United States. (Philadelphia [Pa.]), 1796-02-18 00:00:00

Gazette of the United States
NUMBER 1075.]
THURSDAY EVENING, FEBRUARY 18, 1796.
[VOLUME IX.]
For Freight, or Charter,
THE SHIP General Washington, William Perry, master,
BURTHEN 2600 barrels; now in the Carpenter's hands, and will be ready to receive a cargo in two or three days. Her accommodations for passengers are excellent. For terms of which, or freight, apply to the Captain, or KEARNY WHARTON. Feb. 9. $6t.
FOR CHARTER,
THE SHIP E A G L E,
ABOUT 257 tons burthen; is now in complete order to receive a cargo on board, and lays the second wharf below Pine-Street. Enquire of Jebu Hollingsworth & Co. February 8. $
For Sale, or Charter,
THE SHIP B E T S E Y,
John Dankins, master, BURTHEN about 800 barrels flour, in complete order to receive a cargo immediately. For terms apply to the Captain on board, at the subscriber's wharf—or to JOSEPH SIMS.
Who has for Sale, just imported in said ship, Coffee, of an excellent quality, in hds. and tierces. Sugar, ditto in hds. and barrels. February 12. $
For Falmouth, and a Market,
THE SHIP R O E B U C K.
Will begin to take in a few days, and is intended to sail with all expedition. For freight or passage, apply to Thomas & John Clifford, Who have Imported in said Vessel, and have for Sale.
Besides their usual assortment of Ironmongery, Cutlery, &c. A few crates of Flint Glass Ware, crates of Phials, crates of cream colour'd Ware, boxes of Long and short Pipes, cases of mens, womens and childrens Hats assorted, London and Bristol pewter, best English crown Glass of the different sizes from 8 by 12 to 9 by 7 inches, bull's-eye Glass, boxes of Tin Plates, Bar Lead and Shot, and a quantity of Copper in sheets and bottoms. They have likewise received, An assortment of Garnett & Company's patent systems for Blocks for ships use, and other purposes, which are found from several years experience, to be a very considerable saving of labour, as well as saving in the wear of cordage, and are now generally used for the principal blocks in new vessels. Also, a few Pipes of Old Madeira WINE. January 14. 22w.
Excellent Claret in Casks,
FOR SALE, BY
Joseph Anthony & Son.
February 13. $
MEDICINES.
JOSEPH HUGGEFORD, DRUGGIST,
No. 319 Pearl-Street, late Queen-Street. INTENDING to retire from business, will dispose of his whole stock of Medicines together with a complete shop furnished, which are of the latest imported and best quality.
Any persons inclining to purchase the whole will be only charged a small advance on the original cost and the terms of payment rendered easy. The purchaser will have the advantage (if he chooses) of taking immediate possession of the shop and cellar as the house is engaged for another year, and on the first of May next he may have possession of the whole which is an excellent stand for business and no medical store better established nor more extensively connected in trade on the continent.
Persons not inclining to purchase the whole may be accommodated with any quantity at very reduced prices.
Those persons who are indebted to the co-partnership of Peter and Joseph Huggford, will be pleased to pay the same to Joseph Huggford, on or before the 15th day of April next, as after that time all outstanding debts will be put into the hands of an attorney.
New-York Feb. 6. $3w.
WILLIAM YOUNG,
No. 52 South Second-Street,
HAS FOR SALE,
An extensive assortment of PAPERS, from the manufacturers in Europe, and from his Manufactory on Brandywine, wholesale and retail.
WRITING & PRINTING PAPERS, viz.
 Imperial, Small folio Post, plain  Super-royal, Ditto gilt  Royal, Blossom Paper assorted  Medium, Transparent folio Post  Demy, Superfine & common foolscap  Thick Post, in folio, Marbled papers, large and small  Ditto, in quarto,  Extra large Folio Post,  Ditto, quarto,  Folio Post, wove, London brown, assorted  Quarto, ditto, Leg-book paper  Folio wove Post, lined, Hatter's paper  Quarto do. do. Stainer's paper  Ditto, gilt do. Common brown  Common size Folio Post Patent sheathing paper  Ditto, quarto, plain Bonnet boards  Folio & quarto Post, gilt Binder's boards. 
Also, a variety of other STATIONARY ARTICLES, viz.
Wedgewood and 'als philosophical ink-stands, well assorted; pewter ink-stands of various sizes; round pewter ink-stands; paper, brass, and polished leather ink-stands for the pocket; red morocco portable ink-stands with plated spring locks, gold leaf and embossed papers; thinning sand & sand boxes, pounce & pounce boxes, ink & ink powder, black leather & red morocco pocket books, with and without instruments, of various sizes. Counting-house and pocket pen-knives of the best quality, ass-skin tablet and memorandum books. Red and coloured wafers, common size, office ditto. Quills from half a dollar to three dollars per hundred, ready made pens. Black lead pencils. Cam-elastic or Indian rubber. Gilt and plain metal and conversation cards.
All sorts and sizes of BLANK BOOKS ready made or made to order. Bank checks, blank bills of exchange, and notes of hand executed in copper plates, bills of lading, manifests, seamen's articles and journals, &c. &c.
A well selected collection of miscellaneous books. Bibles and prayer books various sizes and different bindings. Play books for children. Also, of greek, latin, and english classics, as are now in use in the colleges and schools of the United States.
N. B. Feist's Spanish flora indigo, moulds, & other articles used in manufacturing of paper, to be had on easy terms.
Market price in Cash paid for any quantity of Reg. 12w. 6w.
FOR SALE,
 At No. 129, MULBERRY-STREET,  200 Boxes Window Glass. 7 by 9;  180 ditto ditto 10 by 12;  10 ditto ditto 9 by 12;  50 ditto Castile Soap;  50 ditto Sweet Oil, containing 12 bottles each;  20 baskets do. containing 12 bottles each;  200 pieces Platillas. 
The above are all entitled to drawback.
AND ALSO ON HAND,
 50 pieces Flanders Linen, well assorted;  20 pieces Table Cloth 2 yards wide;  100 pieces Rolls;  12 boxes Russia Candles;  20 pieces Oil Cloth;  12 quarter Casks Sherry Wine;  Dutch Great Coats, of various sizes;  Three very elegant Forte-Pianos, imported from London. 
The above Goods are offered by the Subscriber, upon reasonable terms. Credit from three to six months for approved Notes.
February 12. PETER BORGER. 12w. 6w.
COLUMBIA HOUSE
Boarding School for Young Ladies.
MRS. GROOMBRIDGE having removed from Lodge Alley, to the corner of Eleventh and Spruce-Street, for the advantage of a large, convenient House, in a dry, healthy situation; hopes for the continuance of the encouragement she has hitherto so highly experienced; and for which she returns her sincere acknowledgment.
Mrs. GROOMBRIDGE is assisted by Masters of the first ability; and the useful, as well as ornamental branches of education are particularly attended to. February 8. $2w. $3m.
S H O T,
 Of all sizes, from 32 lb to Grape,  Camboes, Pots, and other castings executed at the shortest notice,  Nail rods, from 10d to spike,  Hoop Iron, of all sizes, for casks or cutting into nails, from a braid to 12d nails,  Anchors, from 17 Cwt. to 100lb.  Bar Iron,  A Quantity of James River Tobacco,  Carolina Pork,  Herring in barrels,  Kiln-dried corn meal in Hds. and Bbls.  Rye flour &c. 
to be sold by Lewis Hollingsworth & Son. August 4. 22w.
Copper Ware-House,
No. 2. North Fourth Street.
GEORGE & HENRY WESCOTT
Have just received by the late vessels from London, Liverpool and Bristol, and which they are selling at the most reduced prices for cash, or a short credit, a very large and extensive assortment of Sheet Copper and Bottoms, comprising sheets from 5 to 100lb. and bottoms from 16 inches to 5 feet—Also a handsome assortment of the most approved sheathing Copper with nails, and bolts, Tin in boxes, Block-tin, Spelter in casks, Spelter solder, pig lead, &c. &c. Jan. 2. w. & f.
George Bringhurst,
COACH & HARNESS MAKER,
Respectfully informs his friends and the public, that he has removed from Arch-Street, to No. 23 in North Fifth-Street, adjoining the Episcopal Burial Ground, where he continues the business of Coach making in all its Branches.
He makes all kinds of crane neck and perch Carriages, such as Coaches, Chariots, Phaetons, and Coachees; also Chairs, Kittereens, Gigs, Sulkeys; and all kinds of Harness, with plated or brass mounting. He hath a good supply of the best materials, and a stock of the best seasoned wood.
Orders from any part of the United States will be duly attended to with the greatest punctuality and dispatch.
His long experience in business, his care in the execution of his work, and an unremitted attention to the desires of his employers, he flatters himself will prove sufficient recommendations.
He has several second-hand Carriages for sale, viz. a complete Coach, with a coachman's seat and Venetian blinds all round; a Phaeton; a Chair; and a Sulkey with a falling top.
All kinds of Carriages sold on Commission, and Carriages taken in to hand by the month or year.
Apprentices wanted to the Business. Philadelphia, November 21. 15, 15, $3m. 22w. 6w.
Philadelphia and Lancaster Turnpike Company,
January 13th, 1796.
Notice is hereby given,
THAT agreeable to a bye Law of the Stock Holders, Subscriptions will be opened at the Company's Office in Philadelphia, on Wednesday the 10th day of February next, for one hundred additional shares of Capital Stock in said Company—The sum to be demanded for each share will be the sum of one hundred Dollars with Interest at 6 per cent. on the different instalments; from the time they were severally called for to be paid by the original Stock Holders, one hundred Dollars thereof to be paid at the time of subscribing, and the remainder in three equal payments at 30, 60 and 90 days.
No person to be permitted to subscribe more than one share on the same day.
By order of the board, WM. GOVETT, Secretary. Jan. 13. w. & f.
FOR SALE,
A FOUNT of BREVIER, half worn; about four hundred weight. Enquire at the Office of the Gazette of the United States, No. 119, Chestnut-Street. December $
WANTED,
ON Loan, for two or three years—2000 Dollars, for which a mortgage on Land will be given as security. The land is clear of every incumbrance. Jan. 9. d.
THE STOCKHOLDERS
In the Insurance Company of North America, are desired to meet at their Office, on Wednesday, the 17th February next, at 11 o'clock, A. M.
By order of the Directors, EBEN HAZARD, Secretary. January 28. m. & f. 17
WANTED,
Several Apprentices to the Printing Business. Apply at the Office of the Gazette of the United States, No. 10, Chestnut-Street. 6
PUBLISHED,
Price Three-Quarters of a Dollar,
No. 60,
SOUTH SECOND-STREET,
STEPHENS'
Philadelphia Directory,
FOR 1796.
WITH A PLAN OF THE
City of Philadelphia.
January 18. tf.
Published, this Day,
And may be had of BENJAMIN DAVIES, No. 68, High-Street,
[Price 5-8ths of a Dollar]
Revolutionary Justice Displayed;
Or an Inside View of the various Prisons of Paris, under the government of Robespierre and the Jacobins; Taken principally from the Journals of the Prisoners themselves.
Translated from the French.
WITH AN APPENDIX,
Containing an account of the promulgation of the new religion of France; the impious attack on the ancient; and violation and plunder of the sacred receptacles of the dead.
"Ah! liberty how vast thou hast been sported with!" Madame ROLAND.
At the same place may be had, an elegant duodecimo
Pocket Atlas of the United States,
[PRICE ONE DOLLAR.]
Just published—containing nineteen Maps; that is, a general one of the United States, a particular one of each of the States, and of the North-Western Territory.
February 13. 32w. 2w.
JUST PUBLISHED,
BY JACOB JOHNSON & CO.
No. 147, Market-Street, Philadelphia,
DODD's reflections on Death, price 80 cents.
Hervey's Meditations, 80
Thompson's Seasons, with an elegant engraving 75
The Columbiad, a Poem, on the American war 18
The American Farmer's Guide, a new and excellent Treatise on Agriculture 20
Dilworth's Book-Keeping 83
History of the Pelew Islands 25
J. Johnson & Co. will publish in a few days,
The Flowers of Ancient and Modern History—2 vols.
February 1. 32w. 2m.
THIS DAY IS PUBLISHED,
By MATHEW CAREY, No. 118, Market-Street,
[Price 25 cents]
AN ADDRESS
To the House of Representatives of the United States,
ON LORD GRENVILLE'S TREATY.
February 1. $12.
JOHN J. PARRY,
No. 38, South Second-Street,
Has just received a capital Assortment of
Cap'd and Jewell'd Watches,
A variety of elegant CHAINS;
And many other articles in the line of Watch-Making,
which he will sell low for cash.
Work of every kind done as usual. January 23. $
WAGNER,
Woolen Draper and Mens' Mercer,
At No. 25, South Second-Street,
Has, in addition, to his assortment of superfine Cloths and Cassimere, Received by the Factor from London, a very elegant assortment of Gentlemens' Waistcoat Patterns; such as Sattin, Silk Mouselin, Cassimere, and Merisettes, which will be sold at their just prices.
January 9. d.
MADEIRA, SHERRY and PORT } WINES.
For Sale by
EDWARD STOW, jun.
No. 4, South Water-Street.
Dec. 12. d.
30 Pipes Cogniac Brandy,
Corks, in bales, and Holland Gin, in pipes,
For Sale by
Benjamin W. Morris.
December 31. codtf
Paterson Manufactory.
A special Meeting of the Board of Directors for establishing useful Manufactures, held at Paulus-Hook, January 27th, 1796.—The Board taking into consideration the general affairs of the Society, think it necessary that a meeting of the Stockholders should be called as soon as the Law will permit; it is therefore resolved, that the Stockholders be called to meet on the first Tuesday in March next, at Egelsty's Hotel, at Paterson, by ten of the clock of the forenoon of the same day, then and there to take into serious consideration, affairs of the utmost importance to the said Society; and that every Stockholder be earnestly requested to attend either in person or by proxy.
A true extract of Minutes, P. COLT, Superintendent. New-York, January 26, 1796. $12m
An elegant House for Sale.
A WELL built three story brick HOUSE and LOT of GROUND, on the highest land in the city, situate in Arch-Street within 27 feet of Ninth-Street. The house is about two-thirds finished, is built in the very best manner and of the best materials; it is 32 feet front and 53 feet deep; the drawing room below is 21 feet 6 inches, by 26 feet; the back or dining room is 20 feet 6 inches by 24 feet; with a large entry thro' the whole. The drawing room upstairs is 30 feet by 26, the back room is 20 feet by 24—the third story may be divided into three rooms. The Lot is 32 feet front by 130 feet deep, subject to a ground rent of 6 dollars per foot, which may be bought off at a reasonable rate. For further particulars enquire of WILLIAM POWELL, Carpenter, Seventh-Street, between Arch and Race-Street; or at No. 29, north Seventh-Street. January 27. tu. & f. 2w.
A number of building Lots to be let on ground rent, lying on the fourth side of Arch-Street. 12w. 6w.
For SALE, by the SUBSCRIBERS,
IN PENN-STREET,
130 quarter Casks fresh Hyson Tea;
100 ditto do. fresh Souchong Tea;
300 Boxes China, containing small tea sets of 42 pieces;
400 pieces Bandances;
4 Bales English Sail Canvas, No. 4, 5, and 6;
Willing & Francis. 32w.
PHILIP NICKLIN & CO.
HAVE FOR SALE,
Earthen Ware, in crates, well assorted;
Madeira Wine, in pipes, hogheads, and quarter casks;
Red Port Wine, of excellent quality, in Pipes and hogheads;
Old Mountain Wine, in quarter casks;
Sugar Candy, in boxes of 80 to 100lb each;
Jalap in powder;
Refined Camphor;
English Sail Canvas, No. 1 & 7;
A quantity of Mahogany;
A parcel of good green Coffee, in bags.
February 8. m. w. & f.
SPIRITS.
ANY Person may be supplied with Rum, Gin, Cordials, and other Spirits, upon application to the Subscriber, at his Distillery, No. 115 Story, or New-Street, between Third and Fourth Streets.
THOMAS CAVE. m. 4w.
January 25. N. B. Whiskey and Molasses will be purchased upon application as above.
No. 8, North Front-Street.
Printed Calico and Mullin
WAREHOUSE.
RICHARD & JAMES POTTER,
Have just received a superb assortment of the following articles, which they offer for sale.
 PRINTED calicoes  4-4 wd. book mullins  6-4 wd. ditto  Book mullin handkerchiefs  Pocket ditto  Colored, bordered, mullin handkerchiefs

Stop, and take Notice, As the undermentioned paragraph will be found well worth your attention—such indeed has never been offered to the Public.
The Subscriber, just from London, Has brought by the ship Favourite , four thousand pounds worth of
Plated Goods, Silver Plate, Jewellery, &c. and a few WATCHES,
WHICH he will sell for little more than half the price that such articles are sold for in this country. A pair of the best plated candlesticks, that are generally sold for 16 dollars, will be sold for 8 dollars; and every other article in the like proportion; such as waiters, bread baskets, tea and coffee urns, tea and coffee pots and buggins, tea caddies and shells, milk pots, sugar and cream basins, dish-covers with lamps, dish rings with ditto, toast trays, candlesticks of various patterns and sizes, branches to match, fruit frames, liquor ditto, wine and water ditto, egg stands, butter boats, fauce-turons, fish knives, ink stands, wine strainers, wax jacks, salts, goblets, and every other plated article that is made at Sheffield, and of the latest fashion; and will be open for SALE , this week (only) wholesale and retail, at Madame Andre's , South Third-street, third house from Market-street.
The Jewellery will be open for sale on Monday next, and will continue one week (only) such as ear rings and drops of plain gold, cornelians, and set with pearls, necklaces to match, neck chains, lockets of plain gold with fine paintings, some set with diamonds and pearls, ladies' and gentlemen's rings of every kind, ladies' and gentlemen's watch chains, keys, seals and trinkets, and various other articles, all of gold, and the latest fashion from London.
The Public will not think the above mentioned strange when I inform them, that the destructive war that England is engaged in, has reduced the Manufacturers to this necessity of raising money. Feb. 10, 1792
THE PLATED GOODS will be open again this week— together with the JEWELLERY, and a small box of CUTLERY, will continue open this week (only.) ROBERT HENDERSON. February 18.
PROPOSALS FOR PUBLISHING BY SUBSCRIPTION. S K E T C H E S OF THE HISTORY OF THE UNITED STATES, From the peace of 1783, to the termination of the present Session of Congress. BY MATHEW CAREY.
CONDITIONS. I. This work will be comprised in two or three octavo volumes, each about 400 pages. II. The price to subscribers will be two dollars per volume, handsomely bound. III. No money will be required till the volumes are delivered. IV. Should any of the subscribers disapprove of the work when complete, they may decline receiving it. V. It is expected to be ready for press in the spring of 1792. VI. As soon after the above time, as one thousand copies are subscribed for, the printing shall commence, and shall be finished as speedily as possible. VII. Subscriptions received by the Author, No. 118, Market-street, and by the chief Booksellers throughout the United States.
TO THE PUBLIC. THE object of the proposed work, is, to present to public view a connected series of the chief events of a period of American history, that does not yield, in importance, to any period of equal length, in the peaceful annals of any country in the world.
Desiring to excite no expectations but such as he shall endeavour to satisfy, the writer is thus early in announcing, that the body and substance of a regular history, is not to be looked for in this work: neither his talents nor his avocations allow him to hope for this. His humbler task shall be to sketch out the most prominent features. It shall be his study to collect and arrange the most interesting materials—to smooth the rugged path—for other hands, who by such means, will find their labours abridged, and their progress accelerated.
His chief view will be, to give the History of the United States as a confederated Republic. Nevertheless, notice will be taken of the most remarkable circumstances in the history of the individual States, as far as they can be collected. This information shall be classed under separate appendices.
The Author solicits the assistance of such Gentlemen as may be possessed of documents calculated to promote the execution of his plan. They shall be received with due gratitude—carefully preserved—and safely returned. February 9 1812
To the Public. THE Miniature Painter from Paris begs leave to inform the public, that his hours of attendance for the future will be from 8 o'clock in the morning unremittingly until three in the afternoon. No. 2, North fifth Street. 2d of February 1796.
Bank of Columbia, FEBRUARY 12th, 1796.
A late act of the General Assembly making some alteration in the Charter of the Bank of Columbia (but not to have effect until the consent of the Stockholders in the said Bank be given at a general meeting, and transmitted, under their corporate seal, to the governor and council) being too long for insertion in a newspaper, I am directed by the President and Directors to notify the Stockholders of the alteration, as follows:
By the original law, the Stock of the Bank of Columbia is to consist of 10,000 shares of 100 dollars each, to be paid by annual instalments of 10 dollars on each share, except the first three payments, which are directed to be made, and which have accordingly been made, at shorter periods. A failure in making any of the payments required by the law, operates a forfeiture of all preceding payments.
The late act provides that the Stockholders may pay up, as soon as they think proper, the several instalments till to become due on their shares, or any part thereof—but the aggregate amount of the voluntary payments to be made is not to exceed in any one year 100,000 dollars. No forfeiture is hereafter to be incurred by any Stockholder for non-payment of any of the remaining instalments due on his shares—and each Stockholder is to be entitled to receive of the future dividends in proportion to the sums actually paid by him to the Bank.
Thus, it is proposed that each Stockholder shall be at liberty to pay up the instalments still remaining unpaid on his shares, or not, as may best suit his convenience and interest, without any risk of forfeiting the payments already made, or his share of his future dividends in proportion to his payments.
There has already been paid to the Bank 40 dollars on each share, or 400,000 dollars of the Capital Stock.
A meeting of the Stockholders will be held at Georgetown on the 20th day of March next, to elect twelve Directors, or the year ensuing—and it is presumed by the President and Directors that the question as to the acceptance or rejection of this late act of the General Assembly will at that time be decided.
(22W20M) S. HANSON, of Sam. Cashier.
FOR SALE, O to be LET for a term of years, A N elegant House with forty-two acres of Land and Meadow. The situation is very convenient for a Country seat, or for a person inclined to attend the markets. It is an excellent Kitchen Garden, Ice-house, and a variety of Fruit—the distance about five miles from the City. For further information apply to the Printer. November 24. sawf.
STATE OF NEW-YORK.
Arguments in the Supreme Court in the late January term.
Argument of Mr. JUSTICE HOBART. The People, versus Joseph Webb, } otherwise called Josiah Stiles. }
IN the term of April, 1794, the defendant was tried upon an indictment for feloniously, knowingly uttering and publishing as true, a counterfeited Promissory Note for the payment of money with intent to defraud, against the form of the Statute. The proof against him was, that he knowingly passed the note to Ann Gibbons, thereby defrauding her. He was thereupon convicted: but the note being a note of the Bank of the United States, a motion in arrest of judgment was made by the Defendant's counsel, upon the ground that the notes of the Bank of the United States, were not within the purview of the act of the state for preventing and punishing forgery and counterfeiting. Upon hearing the arguments on this motion, two questions occurred to the court, viz.
1st. Do the facts proved constitute a case to which the judicial power of the United States doth extend, as arising under the laws of the United States? 2dly. Hath this court jurisdiction in the case?
These questions were argued at the close of the last April term, and it is now with the court to decide upon them.
In order more fully to evince the propriety of the deductions I shall make, it may be necessary briefly to state, that by the 2d section of the 3d article of the constitution of the United States, it is provided, that "the judicial power shall extend to all cases arising under this constitution, the laws of the United States, and treaties made or which shall be made under their authority." &c.
That by the "act to establish the judicial courts of the United States," sect. 11th, it is enacted, "That the circuit courts shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the U. States shall otherwise direct."
That by the "act to incorporate the subscribers to the Bank of the United States," promissory notes for the payment of money "issued by order of the corporation, and signed by the President, and countersigned by the principal cashier or treasurer thereof," are recognized, and a mode pointed out by which they shall be transferred. But as to the penalty to be inflicted on persons found guilty of counterfeiting those notes or of knowingly passing such counterfeited notes, or whether such counterfeiting or passing shall be deemed criminal, the Statute is totally silent.
These pre-requisite observations being made, I proceed to enquire,
1st. Whether the facts proved constitute an offence of which a court of law will take judicial notice? 2d. Whether it is an offence so arising under the laws as to be cognizable under the authority of the United States?
1st. There are two points of view in which the facts proved may be said to constitute an offence of which a court of law will take judicial notice. The first is that relied on by the defendant's counsel. The statute having authorized the issuing of promissory notes by the corporation to be signed by the President, and countersigned by the principal cashier or treasurer; to issue such notes signed by any person or persons, other than those mentioned in the statute, is a contempt of the authority by which the statute was made, and punishable as a misdemeanor at common law. It is also an offence, as being a species of the crimen falsi , crime of forgery. I call it a species , because, though strictly speaking it is not a fraudulent making of a writing to the prejudice of another man's right, yet the uttering and publishing such a writing as good and true knowing it to have been fraudulently made, is in the eye of the law an offence equally heinous with the original fraudulent making—hence, the actual forger of any writing, and he who knowingly passes the same, are considered as equally guilty and universally subjected to the same punishment.
The second question for examination: 2d. Whether this is an offence so arising under the laws as to be cognizable under the authority of the United States?
An offence may be said to arise under a law when it is of such a nature, as, without the existence of that law, it could not have been committed.
When a statute imposes a duty upon an officer; the negligent performance of the enjoined duty is an offence arising under that law.
If the corporation of the Bank of the United States had never been erected, no promissory notes for the payment of money, purporting to be signed by the President, and countersigned by the cashier thereof, would have been made; no counterfeits, in the similitude of such non-existing notes, could therefore have appeared. If, then, the promissory notes for the payment of money, issued by the corporation of the Bank of the United States, derive their existence, either by positive institution, or by implication of law, under the laws of the United States, the knowingly passing their counterfeits, must of necessity, be an offence, arising also under the laws of the United States.
But it is doubted whether the authority of the United States extends to this case.
It was stated, and seemed much relied upon, by the counsel who agreed in behalf of the late attorney-general, that the judiciary of the United States has no common law jurisdiction in criminal matters. And it was argued, that as the powers of Congress were defined extending only to particular objects, the powers of the judiciary could not extend beyond those objects; these powers being derived from, were circumscribed by the constitution of the United States.
Upon a careful examination of the different parts of the constitution, and a critical attention to the
meaning of the words made use of, I am persuaded we shall find that the legislative and judicial powers of the United States are derived from very different sources: As in Art. 1. sec. 1. it is declared that all legislative powers therein granted shall be vested in a Congress of the United States. In the 8th sec. we find the grant made by proper and apt words "the Congress shall have Power to lay and collect taxes, duties" &c. pointing out the several subjects on which they should legislate; and as if this were not enough, to evince that the legislature was completely the creature of the constitution, restraints are laid upon it by the 9th sec. and several subjects are there enumerated on which the Congress shall not pass laws. So with respect to the executive by the 1 sec. or the 11 Art. "The executive power shall be vested in a president of the United States." By the 2d sec. "The President shall be commander in chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States, he shall have power by and with the advice and consent of the senate to make treaties &c." and in the 3d sec. the duties which he shall perform are enumerated.
Thence it appears, ex vi terminorum by the meaning of the terms, that all the powers of the Congress and the President are derived from and held under the constitution.
With respect to the judicial power the same word is used in establishing the courts, as in establishing Congress and a President. Art. 3d. sec. 1. the judicial power of the United States, shall be vested in one Supreme court, and in such inferior courts as the Congress may from time to time ordain and establish." Had the constitution stopped here these courts would have had a jurisdiction and they must have proceeded in the exercise thereof according to the course of the common law of England and according to that only, as I shall presently show. But some cases occurred to which a common law jurisdiction was incompetent and others might arise in which it might be advantageous to justice that the courts of the United States should have concurrent jurisdiction with the State courts.
Therefore by the 2d sec. The judicial power shall extend "to all cases in law and equity, arising under this constitution, the laws of the United States and treaties made, or which shall be made, under their authority." The judicial power (vested in one supreme, and other inferior courts) shall extend—nor that these courts shall have power to hear and determine, or shall have cognizance, of all cases, as would naturally have been the expression and which is the expression, where the intention is to give and grant powers, as in the case of the Congress and the President, but it shall extend to all cases in law and equity, thereby superadding an equitable to the common law jurisdiction, with which by the law of the land it was invented co instantia at the moment of its institution: It shall also extend to all cases affecting "Ambassadors, other public ministers and consuls—to all cases of Admiralty or maritime jurisdiction, to controversies to which the United States shall be a party; to controversies between two or more States, between a state and a citizen of another state, between the citizens of different states, between citizens of the same state claiming lands under grants of different states and between a state or the citizens thereof, and foreign States citizens or subjects." Thus "extending or enlarging the jurisdiction of the court of the United States, so as to comprehend a great variety of cases and controversies, which in other nations are generally divided among distinct, and in a great measure independent judicatures, each governed by different rules, and proceeding according to a different course of law. Unless this be the true construction of the section, I confess I am unable to account for the change in the mode of expression which had been used in the two preceding articles; there, where the same idea is intended to be conveyed to the mind in both cases, the very same words are used: and it is a reasonable, I believe I may venture to say, a necessary presumption, that if the same idea was intended to be conveyed the same words also would have been used. In an instrument of such solemnity and importance as is the constitution of the United States, when a form of expression is fixed upon to convey the meaning of the framers on a particular occasion, the same form ought to be used on every similar occasion that occurs throughout the instrument. It is not to be presumed that the framers of the constitution of the United States, were either ignorant of this rule or would wantonly depart from it. The conclusion, therefore, must be that the provisions in this section are not extended so much to give powers to the court of the United States in the first instance as to enlarge those they already possessed and to give them cognizance in cases and controversies to which their jurisdiction by the course of the common law did not extend.
I have in pursuing this investigation, several times taken notice of the common law jurisdiction of the courts of the United States, as distinguished from that given to them by the constitution: it therefore behoves me to shew by what means they became possessed of it.
Our emigrating ancestors brought with them to America the common law of England as their birth right. Their descendants, to the present generation have been in the constant habit of considering and claiming it as their birth right also. Nay so great and beneficial a privilege has this been considered, that we find men, and their descendants who came from the continental states of Europe, who were born out of the allegiance of the King of England, upon becoming subject to the crown of England, putting in their claim to this birth right. The general assembly of the colony of New-York, on the 9th day of June 1704, presented an address to Edward Lord Viscount Cornbury, the then governor, in which speaking of the English laws, they say, to which laws, being the birth right of Englishmen this assembly humbly lays a just claim. [Journal of the general assembly of New-York page 188] It is observable that but a small proportion of the then inhabitants of the colony could lay this claim, in virtue of their descent from English parentage.
Many instances of similar claims by the different colonial assemblies both before and since that
period might be produced: two however of a recent date shall suffice: the first, from the resolutions which were circulated, as having been passed by the house of burgesses of the colony of Virginia [said to have been introduced into the house of burgesses by Patrick Henry an eminent lawyer] which led the way in the opposition to the famous stamp act, in the year 1765; "Resolved that the first adventurers, settlers of this his majesty's colony and the dominion of Virginia brought with them and transmitted to their posterity, and all other his majesty's subjects since inhabiting in this his majesty's said colony, all the liberties, privileges, and immunities that have at any time been held, enjoyed and possessed by the people of Great Britain. The second, from the declaration of rights, by the deputies of the twelve colonies, from New-Hampshire to South Carolina inclusive, met in general Congress in Sept. 1774. Resolved N. C. 2 that our ancestors were at the time of their emigration from the mother country entitled to all the rights, liberties, and immunities of free and natural born subjects within the realm of England.
"Resolved N. C. 3 that by such emigration they neither forfeited, surrendered, nor lost any of those rights:
"Resolved N. C. 5 that the respective colonies are entitled to the common law of England," &c. after enumerating sundry other fundamental rights, they thus proceed, "all and each of which, the aforesaid deputies, in behalf of themselves and their constituents, do claim, demand, and insist on as their indubitable rights and liberties, which cannot be legally taken from them, altered, or abridged by any power whatever, without their own consent by their representatives in their provincial legislatures. From these authorities it is clear, that the common law of England has been claimed by the Anglo Americans, as one of their rights, from the first settlement of the country, down to the very eve of the late revolution; which was undertaken, not to destroy or impair the obligation of this common law: but to emancipate us from a domination, which it was found would eventually deprive us of our privileges and "abolish our most valuable laws."
This common law of England defines offences, prescribes punishment, and directs the mode of prosecution; it also clothes courts with sufficient powers, to afford the citizen redress for every injury he may sustain in his person or property: and to insure his safety, by punishing every offender against public peace and good order. When therefore a court of general jurisdiction is instituted; it must proceed according to the course of this common law, in the cognizance of offences and trial of offenders. The jurisdiction of the court is not derived from its institution, but from a higher source; Sir Edward Coke, when speaking of the justices of the court of King's Bench, says, 4 inst. 74 "designatio judicialium est a rege, jurisdiction vero ordinaria a lege; and again "jurisdiction istius curiae est originalis seu ordinaria, et non delegata. [The appointment of the justices is by the king, but their ordinary jurisdiction is derived from the law. The jurisdiction of that court is original or ordinary, and not delegated.] The justices of this court have no commission, letters patent, or other means to hold pleas, &c. but their power is original and ordinary."
From what has been said I infer that whatever authority the courts in England, by the common law of England, exercise over offences in England, the same authority do the courts in the United States, by the common law of England extended to the United States, exercise over offences in the United States. It is on this principle that this court claims to have cognizance of offences. The constitution of the state contemplates the existence of judicial powers, and provides the means of bringing them into operation. They do not derive their authority from the constitution: they were among the rights and privileges of the citizens, in a state of society anterior to the constitution; they were rights and privileges, of which the citizens could not be deprived, but by a solemn act, done by themselves or their representatives. Under these circumstances, it is not to be presumed that the constitution of the United States while it enlarges the sphere of action and of usefulness for the citizen, should at the same time curtail him of his rights and privileges. He is as much interested in the courts of the United States, as in the courts of the particular state in which he resides; and is equally entitled to have them both proceed according to the course of the common law. The nature of the jurisdiction of these two orders of courts is the same: the subjects of their jurisdiction are different. The constitution of the United States has classed the "cases to which the judicial powers of the United States shall extend;" for whether the offence is created expressly by the statute, or raises under it, by implication of law, is immaterial, provided it be found in the proper class.
But if a case may exist wherein an offence at common law, must arise under the laws of the United States, it will be a strong one to prove that a common law jurisdiction, in criminal matters, is necessarily incident to the judiciary of the United States.
When a law is made, enjoining certain duties, and prohibiting the performance of certain acts without declaring the performance of the prohibited act, or the neglect of the enjoined duties criminal; the ordinary courts having cognizance of criminal matters would undoubtedly consider them as public offences, and punish the offenders as in cases of misdemeanor.
If the Congress should, by law, establish an offence to be under the direction of a proper officer, with certain duties annexed, without prescribing any penalty in cases of negligence or mal practice; I take it the judicial courts of the United States would conceive themselves clothed with sufficient power, at common law, to correct the evil, by punishing the officer for any instances of negligence or mal practice which might occur. This would be a case rising under the laws of the United States; and the offence would be cognizable under the authority of the United States. A law of the United States.
Declaration of Independence.

States establishes the office, mal practice in the execution of the duty of it, will, therefore, make a case arising under the laws of the United States. It is by the authority of the United States that the duties are annexed to the office: negligence in the performance, or mal practice in the execution of those duties, which in contemplation of law would be criminal, must therefore, be an offence cognizable under the authority of the United States.
Again, by the "act for the punishment of certain crimes against the United States," provision is made for the punishment of murder, larceny and a variety of other offences committed within any place or district of country under the sole and exclusive jurisdiction of the United States, but no punishment is thereby prescribed in cases of arson, rape, and many others, which may be committed within such jurisdiction, and which are violations of the peace of society and the safety of the citizens. Are the perpetrators of such enormities within the sole and exclusive jurisdiction of the United States, to pass unpunished or rather are they to be considered as innocent and unoffending until the Congress shall have enacted that they shall be deemed criminals? Surely this is not that excellence of the law of which Sir William Blackstone speaks, that it seems to the public the "benefit of society by preventing or punishing every breach or violation of those laws which the sovereign power has thought proper to establish for the government and tranquility of the whole." 4 Bl. Com. 7.
The truth is the constitution of the United States does not give or grant judicial powers; it only directs in what courts these powers shall be vested, and to what cases they shall extend. "To all cases arising under the laws of the United States"—not such cases as may be specified in the laws of the United States—with respect to crimes and misdemeanors; not to such only as shall be created by the law; but to all such as may arise under the law. How arise? by implication or construction of law. This is what I mean by a common law jurisdiction.
CONGRESS.
HOUSE OF REPRESENTATIVES.
Wednesday, February 17.
Mr. New of the committee on enrolled bills, reported the bill further extending the time for receiving on loan the domestic debt of the United States as truly enrolled. The Speaker signed the same—some private petitions were read and committed.
The report of a committee which proposes referring to the committee of claims the report of a select committee on the petition of sundry Canadian refugees made to the Congress of 1794, was taken up.
Mr. Livingston was opposed to this motion, he considered the subject as not coming properly under the cognizance of that committee. He observed that the petition is founded on an express contract made by the government under the confederation, the justice of the claim he presumed was not now to be investigated—the only question he conceived was how the contract should be fulfilled, he thought the proper mode was to direct the select committee who brought in the report, or some other to devise a mode of executing the engagement on the part of the Government.
Mr. Sedgwick considered the claim as analogous to those which had been uniformly referred to the committee of claims, and he saw no good reason for deviating from the system hitherto pursued.
Mr. Livingston observed, that there was a manifest difference between the case of the petitioners and those of persons whose claims are unliquidated, the services were performed, and are undisputed, and the only thing that remains is the performance of the contract on the part of the Government.
Mr. Williams was opposed to the reference to the committee of claims—he advocated the claim of the petitioners. Their merits and services were acknowledged, the faith of the government is engaged to reward them. He cited the example of New York in reference to other refugees from Canada. That state had granted them farms and stock, and had rendered their situation in a degree comfortable.
Mr. Giles moved that the report should be referred to a committee of the whole: this was agreed to. A former report on the case of certain refugees from Nova Scotia was referred to the same committee, and made the order of the day for Monday next.
Mr. Tracy moved that the several returns made by the Secretary of War to the last Congress, respecting invalids, be referred to the committee of claims—this was agreed to.
Mr. Wm. Lyman moved for a re-consideration of the order of the House for postponing the case of Mr. Lyon to the 29th March—this was agreed to without any opposition.
The question then was to rescind the above order; this was also carried in the affirmative.
Mr. Smith, (M.) then moved that the House should agree to the report of the committee of elections.
This was superceded by a motion to recommit the report, which motion was agreed to, 53 members rising in the affirmative.
In committee of the whole on the Land-Office bill—
Mr. Gallatin's motion of amendment to the second section was further discussed.
The second section provides, that the lands on the North West side of the River Ohio, in which the titles of the Indian Tribes have been extinguished, and which are not already disposed of, should be surveyed and parallel lines marked through the same, at the distance of six miles from each other, in such manner as shall be most convenient for dividing the said lands into townships of six miles square.
Mr. Findlay said he approved the amendment—The smaller the number of parallel lines, the better. The natural boundaries must be adhered to all along the Ohio, and may also with convenience in many other situations. Mr. Findlay then noticed the remarks of Mr. Nicholas, who had observed that he did not suppose the farmers or actual settlers would be the purchasers in the first instance. Mr. Findlay considered the matter in a quite opposite light—the farmers were the only persons he considered as eligible purchasers, and he was for such a distribution as would enable them to come forward as the purchasers, independent of others, and of all second hand purchasers.
Mr. Gallatin withdrew his amendment in order to bring forward another, which appeared principally to engross the attention of members, let the object of discussion be what it will. He referred to the principle of selling the lands in small quantities. He accordingly moved an amendment which proposes dividing and sub-dividing one half of the township into tracts consisting of acres.
Mr. Rutherford, referring to the whole bill, said he had serious objections to it. He complimented the committee who reported it, by introducing a simile of a painter, who being directed to paint a swan, an ostrich, or a peacock, should, instead thereof, paint a lapwing, a jay, or any other bird; he would, he said, thank the painter for his ingenuity, but would say to him, Sir, this is not the bird I employed you to paint. The bill was unlike the thing he had contemplated. He was then proceeding to consider its defects generally, when the chairman called him to order, by remarking, that an amendment to the second section of the bill only was under consideration—on this he sat down.
Mr. Dayton objected to a re-commitment in this stage of the bill. He thought it of the highest importance that some principles should be established in committee of the whole, previous to a re-commitment. He then adverted to the amendment proposed by the gentleman from Pennsylvania—he thought it was in some degree superceded by some of the provisions already contained in the second section.
Mr. Gallatin observed, that it was immaterial where the amendment was introduced, as the bill would probably be recommitted; when a new arrangement of the several parts will take place. He then entered into a consideration of the subject, as referring to purchasers:—He divided these into three classes; speculators, or men of capital, who will never settle on these lands; farmers of property, and a more numerous class who have no money. With respect to the last class, were it not for certain considerations he should be of opinion that it would be best to sell the whole land to these persons on credit; but considering that these lands were one grand source of revenue, on which great dependence was placed for the extinguishment of the public debt; from particular regard to this class, he should wish that the government should avail itself of this fund to pay off the debt: on this ground, the accommodation of the other class, the farmers of property, should be taken into view—He had no doubt, that by a judicious use of the funds in possession of the government the debt might be sunk in ten years. Mr. Gallatin then alluded to the farmers, or land holders; and, in opposition to some opinions which had been advanced, said, that on this class of citizens our principal dependence should be placed, in respect to the sale and settlement of the vacant territory.
Mr. Nicholas said, he had not the smallest objection to the amendment, so far as it would conduce to the accommodation of the classes he had mentioned; but thought that the object of revenue required, that the monied interest should also be attended to.
Mr. Rutherford rose again, and entered at large into the subject. He was again called to order—On this he said, he was against the amendment, and then proceeded to read his substitute for the bill, which he brought forward yesterday. He was again called to order.
Mr. Tracy said he wished the gentleman might be permitted to proceed—he was as much in order as he had been at any time since he rose.
Mr. Rutherford said again that he was against the amendment, and would give his reasons for it. The reasons were, that he disliked opening an office in the Western country. He said it would only accommodate the speculators.
Mr. Crabb said, he approved the amendment—it would serve to unite all parties—it would answer the valuable purpose of accommodating the two classes of citizens that had been mentioned—those who can purchase and pay for the land, & those who have little or nothing to pay, may also be accommodated. The laying out the land in large and small lots will accommodate all classes, and will bring eventually the largest sum into the treasury. Mr. Crabb referred to some provisions of the bill which he disapproved of as tending to embarrass the purchasers of large tracts.
Mr. Havens observed that he had proposed an amendment to the first amendment under consideration, the effect of which would be to subdivide the whole of the lands to be sold into small tracts or lots of about one mile square, and each of these subdivisions to be sold separately, he felt himself strongly opposed to the idea of selling the public lands in large tracts which would be the operation of the bill as it had been reported to the house, and the amendment which had been proposed to the bill went no further than to subdivide one half of the land to be sold and left the remaining half to be disposed of on the whole sale principle or in tracts not less than three miles square as the bill had expressed it. He could see no reason why one half of the land should be sold in such large tracts in effect to produce a monopoly in favor of those who hold large capitals or who are purchasers upon speculation, and at the same time the very same description of persons would have an opportunity to engross or come into the market and out bid the
persons of moderate capital in purchasing, that half of the land that was to be sold in small tracts. He observed that gentlemen certainly relied upon wrong principles when they presumed that if the persons who were holders of small capitals and who generally wished to purchase new lands for the purposes of cultivation were permitted to come into the market and offer terms for the purchasing small tracts that they would be able to outbid and exclude all persons from purchasing these small tracts who are holders of large capitals, and are purchasers of lands only for the purposes of speculation; the fact was otherwise; these persons having more money at command would be better able to give a high price for all the most valuable of the small tracts; and in that way they would stand an equal and even a better chance to purchase all the small tracts than the very cultivators themselves, and by these means, if his amendment did not prevail, the whole of the land might be engrossed by that class of citizens who generally purchase lands for the purpose of speculation. He presumed that he might speak with some confidence on a subject of this kind, because he was well acquainted with the experience of the state which he represented on the subject of the disposition of lands; that state had certainly experienced a benefit from selling lands in small tracts, in preference to a disposition of lands by large tracts. He hoped his amendment would prevail.
Mr. Nicholas remarked that the object which gentlemen appeared to have in view, that of cutting up the whole country into small parcels, had a direct tendency to exclude all capitalists from the market; and by this means disappoint the public expectation of revenue from this source—He thought there was no necessity for this. In order to accommodate the small purchasers, particular tracts might be so divided, as not to interfere with the view of those who purchase to sell again.
Mr. Dayton was opposed to the amendment. He was in favor of dividing the land into different portions of 1, 2, 3 and 6 miles square. The purposes of government and the accommodation of the various classes of citizens who may be disposed to become purchasers require that the lands should be divided into smaller and larger tracts.
Mr. Dearborn was against both the amendment and the amendment to the amendment—He was of opinion that the plan of a general division into small tracts would tend to defeat one great object of the bill, revenue.
He had his doubts of the policy of holding out extraordinary inducements to persons to go, and settle in that country; but, to accommodate those who might be disposed to go and settle there, without destroying the principal object of the bill, he suggested as an expedient, that every fourth town might be partially divided into small lots; say one fourth part; this would accommodate individual settlers, or companies who wished to settle together; and leave townships or other large tracts for those who may wish to purchase a quantity.
Mr. Duval, was in favor of the amendment—he stated the impossibility of finding a sufficient number of purchasers who would settle the lands provided the whole was laid out in tracts as large as those mentioned in the bill. He was opposed to the idea of such extensive surveys in small lots as had been proposed; the expense would be enormous—His opinion was in favor of accommodating the different descriptions of purchasers.
Mr. Livingston was in favor of the amendment to the amendment; he thought it would combine both objects, the accommodation of individual settlers, and the bringing of money into the public treasury.
Mr. Venable was in favor of the amendment—His opinion was that the great mass of money which would be applied to the purchase of these lands was in the hands a great number of persons; persons scattered over the whole extent of the United States. The bill therefore ought to be adopted principally to accommodate this extensive class of citizens.
Mr. Fitch said he had seconded the motion of amendment, altho' it did not entirely meet his ideas—He thought the cutting up the whole or parts of townships into such small lots as were proposed, would counteract the wishes of companies who might want to settle together for the purposes of forming congregations and establishing schools. He thought an amendment might be added to remove this objection to the general regulation.
Mr. Havens, adverting again to the experience of New-York, said he should not think he did his duty, if he did not remark on what he considered the fallacy of the reasoning drawn from the large and small divisions of the lands proposed by the amendment, he said so far from tending to prevent the monopoly so much dreaded, it will produce that effect; his idea was that the only plan justified by experience was to divide the land into equal parts.
Mr. Dayton said that the unequal division contended for, will conduce to the accommodation of all classes, whereas the contrary plan would exclude the capitalists from the market.
Mr. Crabb, said laying out the lands in equal portions commensurate to the abilities of one class of purchasers would preclude the other two classes; the rich and the poor—This will defeat the object of revenue; and discourage the settlement of the country.
Mr. Sherburne said if the lands are divided into small lots, all competition will be precluded, for the speculator will never purchase while he can be undersold by the government; and this will defeat the principal object of the bill, viz. bringing money into the public treasury; for if the purchases are confined to actual settlers, he conceived the United States would derive very little advantage in a pecuniary point of view from the sales. He did not believe there was by any means the number of families ready to go to that country which had been stated; he should be sorry if that was the case; much less did he wish that inducements should be held out to entice the atlantic settlers to quit their farms, to go to the western country—He was clearly of opinion that if the government ever mean to derive any advantage from the western territory, they will sell the land to persons who will pay for large tracts; those who are called speculators; these purchasers will not contemplate sudden settlements by the citizens from the atlantic states; but will turn their
eyes to Europe, and bring settlers from thence, which will be a valuable addition to the inhabitants of the country.
Mr. Claiborne was in favor of small divisions of the land.
Mr. Van Allen offered a substitute for the motion and the amendments.
The Committee rose and reported progress. Mr. New informed the house that the committee of enrolment had this day laid before the President of the United States for his approbation the act further extending the time of receiving on loan the domestic debt of the United States. Adjourned.
PORT OF PHILADELPHIA.
ARRIVED. Brig Betsey, Platt St. Kitts 16 days Sch't Three Joseph, Madeira, via St. Bartholomews Robert, Cottrell New-York Captain Platt failed from St. Kitts the 25th ult. at which time the following American vessels lay there: Brig Hope, West Philadelphia Fame, Medin do. Neptune, Jacobs New-York Polly, Charleston Catherine, Cadwis Newburyport Trinidad, Parlon, condemned not fit for sea Sally, New-York, do. do. Experiment Broadbury Glasgow, Caldwell New-York Schooner Jay, Freeman New-England Whim, Townsend Salem Sloop Hampstead, New-England Sloop Hero, Brewster, Dukebury, from Boston to Philadelphia after being 47 days on the coast, was blown off, and put in distress, as did some of the above mentioned vessels.
The brig Lady Washington, capt. Trennells, belonging to this port, from Guadalupe, homeward bound, was captured by a Bermudian privateer brig of 18 guns on the 20th January, and sent in there on the 25th.
Ricketts's New Amphitheatre, CHESNUT-STREET.
TO-MORROW EVENING,
Thursday, the 18th, and Saturday, the 20th.
Will be exhibited,
Surprising Feats of Horsemanship, AND Pleasing AMUSEMENTS on the STAGE.
Mrs. Spinacuta will perform her pleasing FEATS on HORSEBACK.
Mr. Ricketts will also perform The Sailor's Frolic; or, New Metamorphosis.
Together with RICKETTS'S NEW PANTOMIME, called,
The Triumph of Virtue; OR, HARLEQUIN IN PHILADELPHIA
The Doors in future to be opened at FIVE and the Entertainment to begin at SIX o'clock.
Boxes, one dollar—Pit, half a dollar. Those Gentlemen who intend to take places for the Boxes, are desired to send in time.
There are a number of Stoves placed in the Amphitheatre which render it perfectly comfortable.
NEW THEATRE.
On FRIDAY EVENING, February 19,
Will be presented,
A COMIC OPERA, (written by the author of the Poor Soldier) called
The Cattle of Andalusia.
[The original Overture & Accompaniments, selected and composed by Dr. Arnold, with additional Airs by Shield.]
Don Scipio, Mr. Francis, Don Fernando, Mr. Marshall, Don Cesar, Mr. Darley, Don Juan, Mr. Morris, Don Alphonso, Mr. Darley, jun. Pedrillo, Mr. Bates, Spado, Mr. Wignell, Sanguino, Mr. Green, Philippo, Mr. Warrell, jun. Banditti, { Messrs. Warrell, Mitchell, Robbins, Morgan, Beete, Bissett, &c. Victoria, { Mrs. Warrell, Lorenza, { Mrs. Marshall, Habel, { Mrs. Bates, Catalina, { Miss Willems.
End of the Opera,
Une Divertissement Pastorale.
Composed by Monsr. Lege.
By Messrs. Lege, Warrell, jun. Doctor, J. Warrell, Darley, jun. Morgan, Mitchell and Francis. Miss Milbourne, Miss Willems, Mrs. Harvey, Mrs. Bates, Miss Rowlen, Mrs. Doctor, Mrs. Lege, & Mrs. De Marque.
To conclude with a Grand GARLAND DANCE.
To which will be added, A DRAMATIC TRIFLE, in one act, never performed here; called
AS IT SHOULD BE.
Lord Megrin, Mr. Moreton, Mr. Fidget, Mr. Francis, Winworth, Mr. Green, Sparkle, Mr. Harwood, Lucy, Miss Willems, Celia, Mrs. Francis.
** On Saturday, a Comedy, called THE ENGLISH MERCHANT—with, for the last time this season, The Burletta of TOM THUMB.
☞ The Public are respectfully informed that there will be no performance on Monday.
THE PRESIDENT'S BIRTH DAY.
MONDAY, the 22d instant, being the President's Birth Day, the Officers of the First Division of the Militia of Pennsylvania are requested to meet at the State House, precisely at TWELVE o'clock, from whence they will proceed to the President's, to congratulate him on the return of the Day; and to demonstrate their satisfaction on his commencing another year of exertion for the Happiness of their Country. Such Members of the Cincinnati, or Officers of the Army as may be in town on that day, are requested to join in the procession.
W. STEWART, Major-General. Philadelphia, February 18, 1796.
Notes, Wanted.
MESSRS. MORRIS & NICHOLSON'S NOTES, for which valuable and well situated Lots in the City of Washington, will be given.
THOMAS NOBLE.
February 18.

Washington Canal Lottery, No. I.
WHEREAS the State of Maryland has authorised the underwritten, to raise twenty-six thousand, two hundred, and fifty dollars, for the purpose of cutting a Canal through the City of Washington, from the Potomac to the Eastern Branch Harbour.
Table with 3 columns: Prize amount, Number of prizes, Total amount. Includes entries for 1 Prize of 20,000 dollars, 1 ditto 10,000, 7 ditto 5,000, etc.
5847 Prizes, 11638 Blanks, not two to a prize. 175,000
17500 Tickets, at Ten Dollars, - 175,000
The Commissioners have taken the Securities required by the aforesaid act for the punctual payment of the prizes.
The drawing of this Lottery will commence, without delay, as soon as the Tickets are sold, of which timely notice will be given.
Such prizes as are not demanded in six months after the drawing is finished, shall be considered as relinquished for the benefit of the Canal, and appropriated accordingly.
(Signed) NOILEY YOUNG, DANIEL CARROLL, of D. LEWIS DEBLOIS, GEORGE WALKER, WM. M. DUNCANSON, THOMAS LAW, JAMES BARRY.
City of Washington, Feb. 11.
or sale at this Office.
The Constitution of the United States, price 20 cents.
Last report of the late Secretary of the Treasury, containing a Plan for the further support of PUBLIC CREDIT, 75 cents.
Germanicus 20.
Proceedings of the Executive respecting the Insurgents; forming an interesting History of the late Insurrection in the four Western Counties of Pennsylvania.
Interesting summary of the events which have taken place in the Republic of Geneva—written by M. de Nivernois, 12 1-2 cents.
Twenty-six letters; on the most interesting subjects, respecting the American Revolution, containing much information not generally known to the Citizens of the United States, written in the year 1780, 25 cents.
Also a few copies of the Accounts of the Receipts and Expenditures of the United States, during the year 1794—price one Dollar and 50 cents. December 20th, 1795.
City of Washington.
SCHEME of the LOTTERY, No. II, FOR THE IMPROVEMENT OF THE FEDERAL CITY.
Table with 3 columns: Prize amount, Number of prizes, Total amount. Includes entries for 1 Prize of 20,000 dollars, 1 ditto 15,000, 1 ditto 10,000, etc.
16,739 Prizes. 33,261 Blanks. 50,000 Tickets, at Eight Dollars, 400,000
This Lottery will afford an elegant specimen of the private buildings to be erected in the City of Washington. Two beautiful designs are already selected for the entire route on two of the public squares; from these drawings, it is proposed to erect two centre and four corner buildings, as soon as possible after this Lottery is sold, and to convey them when complete, to the fortunate adventurers, in the manner described in the scheme for the Hotel Lottery. A net deduction of five per cent. will be made to defray the necessary expenses of printing, &c. and the surplus will be made a part of the fund intended for the National University, to be erected within the City of Washington.
The drawing will commence as soon as the Tickets are sold off. The money prizes will be payable in thirty days after it is finished, and any prizes for which fortunate numbers are not produced within twelve months after the drawing is closed are to be considered as given towards the fund for the University, it being determined to settle the whole business in a year from the ending of the drawing and to take up the bonds given as security.
The real securities given for the payment of the Prize are held by the President and two Directors of the Bank of Columbia, and are valued at more than half the amount of the Lottery.
The twenty-four gentlemen who by appointment of the late Commissioners assisted in the management of the Hotel Lottery are requested to undertake this arduous task a second time on behalf of the public; a sufficient number of these having kindly accepted, it is hoped that the friends to a National University and the other federal objects may continue to favor the design. The synopsis of one of the Colleges, to form a branch of the National Institution, is already in the press, and will be speedily published, together with its constitution.
A complete PLAN of the whole of this Important Institution, compiled from a selection of the best materials, ancient and modern, will be submitted to the public whenever the same may have gone through such revisions as may be necessary to establish the perfect confidence and general approbation, so essential to its present rise and future existence for the general good of America.
By accounts received from the different parts of the Continent as well as from Europe, where the tickets have been sent for sale, the public are assured that the drawing will speedily commence, and that the care and caution unavoidably necessary to insure a safe disposal of the tickets, has rendered the short suspension indispensable. February 24, 1795.
SAMUEL BLODGET.
Tickets may be had at the Bank of Columbia; of James West & Co. Baltimore or Gideon Denison, Savannah; of Peter Gilman, Bolton; of John Hopkins, Richmond; and of Richard Wells, Cooper's Ferry.
TO BE SOLD.
The Tammany Hill Farm,
Farm belonging to Godfrey Malbone, Esq. deceased, SITUATED in Newport, Rhode-Island, consisting of about 700 acres of choice arable and pasture land, within a mile of the central part of Newport. This estate is advantageously situated, plentifully watered—commands an extensive prospect of the town, ocean, country, &c. &c. Has upon it orchards, of the best engrafted fruit trees; and three handsome farm houses, in good repair. In the elegant and extensive gardens, belonging to the same, are several fish-ponds, bathing streams, summer-houses, &c. &c. Together with a quantity of Connecticut free stone—the ruins of a large mansion house, consumed by fire.
For terms of purchase, &c. apply to Francis Brimley and William Hunter, Esquires, at Newport, Rhode-Island; Dr. Lloyd, and Mr. Nathaniel Brimley, at Bolton; Mr. Samuel Breck, jun. Philadelphia; or to Richard Herrison, Esq. at New-York. Feb. 13. *atend.
JUST PUBLISHED, [Price, one dollar and a half.] And to be sold by Messrs. Bailey, Rice, Davies, Stephens, Melford, and Dobson.
The United States Gazetteer; OR, A GEOGRAPHICAL DICTIONARY.
CONTAINING an authentic and full account of the different states; their situation, extent, boundaries, soil, produce, climate, population, trade, and manufactures; with the amount of their exports for four years subsequent to the adoption of the federal government. Also the extent, boundaries, population, and soil of their respective counties. Together with an authentic description of the rivers, lakes, bays, harbours, mountains, caves, capes, mines, minerals, and springs. Likewise the cities, ports of entry, (with the amount of their exports individually for one year) post towns and villages; with the number of their dwellings, public buildings, latitudes and longitudes bearings and distances from Philadelphia and the metropolis of the state wherein they are situated. Also the times, of holding the courts of justice in the chief town of each country, carefully collected from the laws of the different state legislatures. To which are added, the residence and number of the several tribes of Indians within the territories of the United States from the latest information. The whole embellished with nineteen maps and a handsome title page.
At any of the above places may be had also, a large sheet map of those countries through which the Apostles travelled, in propagating christianity. Elegantly engraved and printed on fine paper. Price one half dollar. February 1. codzw.
American Landscapes.
PROPOSALS FOR PUBLISHING IN AQUATINTA TWENTY-FOUR VIEWS, SELECTED from the most striking and interesting Prospects in the United States; each of which Views, will be accompanied with a descriptive account of its Local, Historical, and other Incidental Peculiarities By G. I. PARKYNS, Author of the "Monastic Remains and Ancient Castles in Great Britain."
CONDITIONS.
1. That the work shall be published by Subscription; and that each Subscriber shall engage to take the whole set of Views, and shall pay for each engraving, if black or brown, 2 Dollars; and if coloured 5 Dollars. 2. That the dimensions of each engraving shall be 24 by 17 inches, executed in aquatinta, and published upon paper of a superior quality. The publication to commence immediately; and one engraving to be delivered to the Subscribers, on the first Monday of each succeeding month, until the proposed series shall be finally completed. 3. That with the last View of the series, shall be delivered an engraved title-page; an elegant characteristic vignette; a map of the route, connected with the prospects exhibited in the course of the Work; and an Alphabetical list of the Subscribers. Subscriptions are received by Mr. Harrison, at his Print Shop, Maidenlane, New-York, by Mr. Carey, Book-seller, No. 118, Market-street, Philadelphia, and by all the principal Book-sellers in the United States. February 28. d
Delaware Bridge.
THE President and Managers of the Company for erecting a Bridge over the river Delaware, at the Borough of Easton,
Give this Public Notice, That they will, until the first day of February next, receive proposals of suitable plans or models for the said Bridge; as also for the erection thereof, and the delivery of materials. The length of the Bridge will be at the least 600 feet, and must not be composed of more than three arches. Any person inclined to engage in the above undertaking, will please to direct their plans and proposals to the Secretary of the Company at Easton. By order of the President and Managers. JOHN ARNDT, Secretary. Easton, Pennsylvania, Nov. 12. m w & s
TO BE SOLD.
That Handsome SEAT near Princeton, the property of the late Rev. Doctor John Witherspoon, known by the name of TUSCULUM.
IT consists of a neat well finished stone house, two stories high, with four rooms on each floor, and a cellar under the whole. There are attached to it one hundred and fifty acres of land, more or less, and chiefly enclosed with good and durable stone fences: Of these about eight acres are natural meadow, six acres artificial, town with red clover, and from twenty to thirty acres woodland. On the premises there is a valuable orchard of young and thrifty apple-trees, a framed barn and stables, two corn houses, a grain loft, and carriage house quite new, a new stone milk-house, and near it a well and a constant spring of water. For terms apply to Thomas V. Johnston, Esq. or the Rev. Samuel S. Smith, in Princeton; or Mr. Marshall, No. 118 Spruce-street, Philadelphia—or to the subscriber at Tuscum.
Ann Witherspoon.
Tuscum, December 20. tf.
FOR SALE.
A very valuable ESTATE, Called TWITTERNHAM.
SITUATE in the township of Upper Derby, and county of Delaware, 7 1-2 miles from Philadelphia, and half a mile from the new Western road: containing 230 acres of excellent Land, 45 of which are good watered Meadows, 90 of prime Wood Land, and the rest Arable of the first quality. There are on the premises a good two-story Brick House, with 4 rooms on a floor, and Cellars under the whole, with a Pump Well of excellent Water in front; a large frame Barn, Stables, and other convenient buildings; a Smoke-House and stone Spring House; two good Apple-Orchards, and one of Peaches. The Fields are all in Clover, except those immediately under tillage, and are so sown and cut as to have the advantage of Water in each of them, which renders it peculiarly convenient for Grazing. The situation is pleasant and healthy, and from the high cultivation of the Land, the good neighbourhood, and the vicinity to the city, it is very suitable for a Gentleman's Country Seat. The foregoing is part of the Estate of Jacob Hayman, deceased and offered for sale by MORDECAI LEWIS, Surviving Executor. Off. 9.1795 eaf
No. 46, North Front Street. THE co-partnership of KNOX & HENDERSON expires this day by limitation. The business in future will be carried on by David Knox, James Henderson & William Deas, under the firm of Knox, Henderson, & Company.
All those indebted to the former concern, will please close their accounts as soon as possible.
Have just received per the ship Factor from London, the gleanings of their fall importation, consisting of a beautiful assortment of cambrics, cambric mullins, mullins, corded dimities, printed handkerchiefs, calicoes, chintzes, &c. &c.
Also a few boxes ounce threads, with a small assortment of fancy waistcoating, &c. Jan. 5. d rot—wsm
Insurance from Lois by Fire.
THE Insurance Company of North-America, to accommodate the Public, throughout the United States, with respect to assurances from Fire on BUILDINGS of every description, hereby publish, that resolutions to this effect have passed their Board; and that hereafter they shall be ready to make such assurances on terms to be fixed by their President and Committee, agreeably to circumstances. Those who are anxious to effect assurances, will find their advantage in sending the most particular statement of their buildings, and the relative circumstances. Persons not having a correspondent in this city, or who prefer doing this business with the Office directly, by means of Letters, post paid, must not fail to enclose a builder's description of the dimensions, condition, materials and situation of the building proposed to be insured, especially with respect to its contiguity to other buildings, and whether those buildings be of wood, or brick, or stone. It must be particularly stated, whether the building itself, or those in its neighbourhood, be occupied as dwellings, or used as magazines or manufactories, and for what particular purpose; and to obviate all objection, it is expected that this builder's statement, and the representation annexed, shall be severally signed by the parties, and accompanied by a magistrate's certificate, that they are persons of good repute. For the government of the Public, they deem it expedient to notice, that although the premium must be fixed according to the degree of hazard in the estimation of the President and Committee of the week, yet it will probably not be more than from about half to one per cent. annually, except where a house or store is not only itself built of wood, but situated next other buildings of the same material. On such risks not more than four thousand dollars will be written on one policy. Houses and stores built of brick or stone, and situated in open streets in any of the principal towns or cities where fire engines and fire companies are established, and not containing articles particularly combustible, will be considered risks entitled to assurance at the lowest of these rates. On single hazards, even of the best kind, where from remoteness those advantages cannot be enjoyed, the Company will not assure more than six thousand dollars. No policy will be signed till the premium be paid.
Any person insuring for seven years, will be charged only the amount of six annual premiums; and for three years, a deduction of one-third of a year's premium will be made. By order of the Board, EBEN. HAZARD, Secretary. Office of Insurance Company of N. A. 1. Philadelphia, Jan. 26, 1796. 2aw.
For Sale, or to be Let on Lease,
And may be entered on the first day of April next, The following valuable Property, At the Port of Little Harbour, in the State of New-Jersey:
No. 1. THAT valuable and noted island, called Tucker's Island, situated on the south of, and bounded by Little Egg-Harbour inlet and the Atlantic: This Island is about ten miles in length, and contains about 200 acres; on which is a large convenient house, store-house, and other out buildings, and is a noted good stand for a tavern, it being at the elbow of the harbour, where all the inward and outward bound vessels belonging to, and trading in the port aforesaid, lay to wait for winds, tides, &c. and where sea vessels load and unload; and at which place numbers of people resort for the convenience of bathing, fishing, fowling, &c. There is on the place, meadow sufficient to keep 40 head of cattle, and is situated about 6 miles from the town of Tuckerton—the well known pleasantness, healthiness, and natural advantages of this place need no comment.
No. 2.—The island called Foxborough Island, containing about 100 acres, chiefly meadow; whereon is a new frame house 26 feet square, situate about 2 miles distant from the first described place, and is a tolerable good stand for a tavern.
No. 3.—That valuable and noted Tavern-House and lot, containing 4 acres in the town of Tuckerton; this house is pleasantly situated on a beautiful eminence in the heart of the town aforesaid, and commands a pleasing prospect of the islands, bays, rivers, and the Atlantic ocean, as well as the country farms around; the house is large and convenient, with a good cellar under the whole—There are on the premises a well of good water, a large barn and stabling to accommodate 40 horses, a hatter's shop, and other out buildings; also an excellent apple orchard, a good garden paled in with cedar paling, about 50 acres of woodland, and the same quantity of meadow.
No. 4.—Is that large, pleasant, valuable Farm, known by the name of Tucker's Farm, which is bounded for 3 miles by navigable water, leading from the first described island to the town aforesaid. A considerable part of said farm lies in the center of the town aforesaid, and may be sold off, or let on ground rent for building-lots, to great advantage—There are on the premises two frame tenements besides the farm house, which is new and convenient, with an excellent barn and other buildings; also a good apple and peach orchard. Said farm contains about 1000 acres, on which are several good landings; about one-half of which is meadow and cleared land, all in good cedar fence.
No. 5.—Is a spacious, elegant well-finished new House, 50 feet front, two stories high, with an Office adjoining the same, and one Store adjoining the house 30 feet by 20, and a back Store 26 feet square, with good cellars under the whole, and a well of good water at the door; also an excellent garden, paled in with the best of red cedar posts, and white cedar paling; also a spacious and beautiful door-yard paled in as above, enclosing several beautiful shady trees. The house, stores, garden and door-palings are handsomely painted. There is also on the premises a good barn, stabling, and carriage house; the lot contains about 5 acres, is situate in the center of the town aforesaid, is contiguous to a good landing, saw and grist mills, and several churches of different denominations.
No. 6.—Is a Frame House, 26 feet square, and lot of 5 acres, in good cedar fencing, with some good fruit trees, in the town aforesaid.
No. 7.—Is a Lot containing 4 ares, whereon is a house about 25 feet square, and a good apple orchard in good cedar fence, in the town aforesaid.
No. 8.—Is a good Saw-Mill, 1 mile from the town aforesaid, with which is about 400 acres of woodland, 200 acres of cedar swamp, several ore mines, and a fishery. Any person inclining to purchase all or any part of the aforesaid described premises will find the terms of payment easy, the prices low, and indispensible titles given; or, if rented, the rents moderate—by applying to the subscriber proprietor of the premises, at Tuckerton, in the State aforesaid. EBEN. HAZARD. Tuckerton, Jan. 18. 2awf18.
N. B. If the Tavern and premises No. 3 be not previously disposed of, they will be sold at public Auction, on Thursday, the 18th day of February next, at 6 o'clock in the evening, at the Merchants Coffee-House in Second-street, in the city of Philadelphia.
JAMES McALPIN,
TAYLOR,
No 3 South Fourth Street.
RETURNS his thanks to his Friends and Public for their encouragement, and begs leave to justify a continuation of their favour.
As his Shop gentleman may be furnished with the best materials, and have them made up and finished in the most fashionable manner. He will thankfully receive any orders and pay a prompt and punctual attention to them. O.3. 15
PROPOSALS FOR PRINTING BY SUBSCRIPTION, A NEW EDITION OF MILLAR'S ELEMENTS OF THE
LAW OF INSURANCE.
THE present publication shall, by addition to the small Treatise published in Britain in 1787, be augmented to the size of two volumes octavo, containing at least 600 pages each, on a small pica type.
It had been suggested to the compiler, by many persons conversant in the law and practice of Insurance, that a complete compilation of the authorities on this particular subject would be of great utility; to which persons particularly interested in this one branch of law might have recourse, instead of being under the necessity of purchasing and turning over a variety of voluminous publications. To answer this end of convenience, it is proposed to divide the first volume of the present work to the reception of a full collection of authorities; not in a state of abridgement, as was the case in the former edition; and which could never supersede recourse to the originals; but to be inserted verbatim from the most approved original compilations, and arranged in the mode which appears easiest for consultation.
This First Volume, or Dictionary of Authorities, will comprehend,
1st. The ancient Marine Ordinances of the foreign states of Europe: which form the common law of Insurance. At present it is unfortunate that a collection of these is scarce to be found any where else than in that scarce and dear book, Magen's Essay, in two volumes, 4to.
2d. The Statute Law of Great-Britain in regard to Insurances. The American legislatures have hitherto done nothing upon this subject.
3d. A very full collection of the reports of adjudged cases in the courts of England and Scotland, and of those of the States of America so far as they can be obtained. This will form by far the greatest as well as the most important part of the first volume. By means of his friends at the English bar, the compiler hopes to bring forward a number of reports of adjudged cases never before published, so as to make the series on this subject more complete than any now extant.
The second volume will consist of an Institute, or Elementary Treatise, on a plan something similar to that of the former edition; but with a great addition of new matter; so as to extend this part of the work to about double the former size. A more practical arrangement will also be studied.
The whole will be attended with very full Indexes of the different parts.
Price to subscribers six dollars and one half for the two volumes in boards.
The work will be put to the press whenever a sufficient number of subscriptions have been obtained to indemnify the publisher for the actual expense of publication.
Subscriptions will be received by Thomas Dobson, and all the Booksellers in Philadelphia. January 19. 2aw6w.
BURR MILL STONES
Made by OLIVER EVANS, at his Factory, in the old wind-mill in Blindley's alley,
South Second-street, a little below Duck-street, WHERE those who apply may be supplied with stones of such quality as will suit their purposes. Also, stones for grinders to run on, and Plaister of Paris ground fine for manure, and
Calcined for Stoco-Work.
He keeps for SALE, At his dwelling No. 215 north Second-street, a little above Vine-street,
Boulting Cloths,
A complete assortment of both imported and American manufactured for merchant and country work, which he warrants good.
ALSO,
The Young Millwright's and Miller's GUIDE. Containing a system of mechanics and hydraulics as they apply to water mills with the whole process of, and all the late improvements on the art of manufacturing flour &c. intended to be useful to all concerned in building or using water-mills, which book is sold by Matthew Carey and Robert Campbell, booksellers. Sept. 25. 3td2awf18.
JUST PUBLISHED,
And to be sold by the Editor, AN ACCOUNT Of the Receipts and Expenditures Of the UNITED STATES, For the Year 1794.
Printed by order of the House of Representatives.
CONTAINING—
Statements of the duties on merchandise & tonnage — Duties on bills and spirits distilled. — Revenue arising on postage of letters. — Monies received into the Treasury in the year 1794.
Payments to the Executive,
— Legislature, — Judiciary, Treasury, — Department of War, State, and the Mint, — Government of the Western Territories, — Commissioners of Loans, — Pensions, Annuities, and Grants, — Army of the United States, — Naval Department, — For fortifications of ports and harbours, — For maintaining intercourse with foreign nations, light-houses, beacons, &c. for interest on domestic debt, for domestic loans, for reduction of domestic debt, French and Dutch debts, relief of inhabitants of St. Domingo. — Bills of Exchange, &c. &c. &c.
STATEMENTS of balances of appropriations of monies arising from foreign loans transferred to the United States of appropriations and expenditures, of receipts and expenditures. Appendix, containing an account of the foreign and domestic debt to the close of the year 1794.
PHILADELPHIA: PRINTED BY JOHN FENNO,
—No. 119—
CHESTNUT-STREET. [Price Eight Dollars per Annum.]