Gazette of the United States & evening advertiser. (Philadelphia [Pa.]) 1793-1794, May 10, 1794, Image 3

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    *of oouon, by lying in wait, or vrith other "
kind, of wilful, deliberate, premeditated e "
intention, or which shall be committed in
the perpetration or attempt to perpetrate
any arson, rape, robbery or burglary. All
other kinds of killing (hall be deemed mur
der in the second degree. The kind of
murder to be ascertained by the vcrdift of tf
fa
a jury.
Pcrfons liable to be frofecuted forpp- e '
tit treason shall be proceeded against and.
pimifhed as in other cases of murder. _
Muider in the firft degree is punilhed ; 9
with death. High treason is punished with 0
Confinement in prison and the penitentiary tl
house, not If, than 6, nor more than i 2
yejus Arson, with confinement not less V
than 5 nor more than 12 years—-Rape,
not less than 10, nor more than 21 years
Murder of the second degree, not less If c
than 5, nor more than 18 years—Fbrge- ir
ry, not less than 4, nor more than 15 years, ti
with payment of a fine, not to exceed 1000 "
dollats—maiming, not less than 2 nor
more than 10 years, with a fine not to t ,
exceed 1000 dollars—man-slaughter, not
less than 2 nor more than 10 ytars, and p
giving security for good behavior during ( n
life. Persons being charged with involun- h
tary man-flaughter.the Attoriyy-General, j 1
with leave of the court, may wave the fe- "
lony, and proceed against them as for a £
misdemeanor, and give in evidence any ast
of man-slaughter—os the attorney may tl
charge both offences in the' fame indict- p
ment, and the jury 1 may acquit the person n
of one or both —The benefit of chergy is =
for ever abolished. ~
In the Senate, U. S. Thursday Bth May, £
1794- f
On a motion made to suspend th« execu* a
tion o< the 4th article of the treaty with 1
Great Britain, until indemnification be made,
&c. &c. t
The Ycas and Nays were a* follows : {
YEAS, a. (
Meflrs. Monroe,& Taylor. 1
NAYS, 14. i
Meflrs. Langdon, Livermore. Strong, Ca
bot, Fofkr, Bradford, Ellfworth, King, Fre- 1
linghyfen, Morris, Roi's, Henry, Potts, Izard. j
Absent, Meflrs. Mitchrell, Burr, Ruther- 3
surd, Bradley, Robinson, Edwards, Brown,
Hawkins, Martin, Vining, Gunn, Jackson,
Butler— 13., v
The above article relates to the payment
of debts to Britifli Subje&s. - ,
We hear that a very interesting difcove
.... ry has been recently made,, in re{pe& to
the lofTes which have been sustained by
depredations on the Mail of the United
States.—
On Saturday last a number of citizens met at
Daily's Hotel inShippen ft re ft, to celebtate the
late gloiious success of the Frcnch Republic.
Much credit 1* due to Mr. Dally, on this oc
casion, for the paios he took ip provide for and
accomodate the company.
After dioner '.he following toasts wrre drank.
1. The Republic of France out and indmfi
blc,—may Peacc, Liberty and Saety, soon be
come the Harvelt of its present glorious struggles.
2. The people of the United States, and the
glorious Fabric of Freedom which they have e
-1 tiled in their own government.
3. The Prefideni of the United States, may
be long enjfty good health, Prosperity, and the
united pl rt uditsof all freemen.
4. Perpetual union between the two Repub
lic,» of frjnice and America.
5. The neurral oowcis>—may they support
their honor and vindicate their rights against all
sea robbers.
6. Th«* Congrcis of the Ignited States—may
the happiest icfuka be derived to the country
from the wiidom of their deliberations;
Tbe state of Pennsylvania—may her guardi
an angels be Peace, Liberty, Honour, Profpe-
Safety and Fraternity.
8. The mmifters of America in Europe—
tnay their exertions b< conftamaod unifotm to
fopport the energy and vigour oi all free go
vernments
9. The Universal Reign of true religion, Rea
son, Philosophy and cqnal rtghig,
10. The memory of the gallirtt veterans who
have fallen in defence of freedom in tl\e old and
new world ; li how beautiful is death when ear
ned by virtue."
IU Liberty to all mankind—"at her voice let
" agrTeulturc and commtree, those sources of
" national prosperity, aggrandize,
" and Cement, our friendly relations and pub
•• lie felicity."
iz. Liberty of thought, Liberty of Speech
and of the press—and a just attachment to a free
Government.
13-The memory of Franklin,may his patriotic
virtues, be ever the objc&s of universal imitation.
14. The armies and navies of France, by
■whose gallant achievements the sucCesses we ce
lebrate have been obtained and by which the
political profpc&s of America have been bright
ened.
15. The late allied armies; by whose glori
ous exertions peace, liberty and fafety were fe
* cured to America.
VOLUNTEERS.
By the Governor of Pennfylvaoia ; May France
triumph, and the world be at Peace'
By the Minister of Fiancc—May the rights
of nun and of nations be refpe&ed in both
Worlds and over all sea».
By the Speaker of the House of Representa
tive! ot the United States—The Mount a . 11-—
> \ *
b summit the heivens, and its bafc the whole
rarth.
it a meeting of the iDemocrit-c Society of
Pernlfylvania, held at Philadelphia, on the
Bth day of May in the year 1794» *nd of
American Independence the Eighteenth:
Resolved, as the opinion of this society,
hat the constitution of the United States, the
'acred instrument of o(ir freedom which
:very public officer has sworn to preserve in
violate, has provided, that the different de
partments of the government ffiould be kept
iiftindt ; and consequently that to unite them
is a violation of it, and an encroachment up
-3n the liberties of the people guaranteed by
that instrument.
Resolved, as the opinion of this society,
:hat, as by the constitution all treaties are de
dared to be the supreme law,of the land, it
secomes the dnty of the judiciary to ex
pound and apply them ; to permit, there
fore, an officer in that department to (hare
n their formation is to unite diftin£l func
:ions and tends to level the barriers of our
: r. edom, and to establish precedents preg
nant with danger. '
Resolved as the opinion of this society,
that justice requires, and the security of the
citizens of the United States claims an inde
pendence in the judiciary power ; that per
mitting the executive to bellow offices of
honor and profit upon judges, is to make
them subordinate to that authority, is to
make them its creatures, rather than the un
prejudiced and inflexible guardians of the
constitution and the laws.
Resolved as the opinion of this society,
that from the nature and terms of an im
peachment against a President, it is not only
necessary that the chief justice of the United
States (hould prelide in the Senate, but that
he lhould be above the biafs which the ho
nors and emoluments in the gift of the exe
cutive might create; that it is, therefore,
contrary to the intent and spirit of the con
stitution to give him a foreign mission, or to
annex any office to that which he alreatiy
holds.
Resolved as the opinion of this society,
that every attempt to supersede legislative
functions by executive interference, is highly
dangerous to the independence of the legisla
ture, and fubverlive of the right of repre
sentation.
Resolved as the opinion of this society,
that the appointment of John Jay, chief jus
tice of the United States as envoy extraordi
nary to the court of Great Britain, is con
trary to the spirit and meaning of the consti
tution ; as it unites in the fame person judicial
and legislative functions, tends to make him
dependant upon the President, destroys the
check by impeachment upon the executive,
and has had a tendency to contronl the pro
ceedings of tie legislature, the appointment
having been made at a time, when Congress
were engaged in fiictr mrafiirrs as tended to
secure a compliance with our just demands.
Resolved, as the opinion of this society,
that after the declaration made by John Jay,
that Great Britain was juftifiable in her de
tention of the western polls it was a facri
fice of tne interests and the peace of the
United States to commit a negociation to
him, in which the evacuation of those posts
ought to form an essential part; that to
abandon them is to put at stake the blood cf
our fellow citizens on the frontiers, is to
give birth to a perpetual military eflablilh
nient, an endless war, and all the oppressions
resulting from excise and heavy taxation.
Resolved, That the above resolutions be
made public, that they be immediately trans
mitted to all the democratic societies in the
union, as a protest of freemen against the
molt unconllitutional and dangerous measure
in the annals of the United States, and as an
evidence, that no influence or authority
whatever shall awe them into a tacit facri
fice of their sacred rights.
By order of the society.
J. Smith Prefid.pro tem.
Geo. Booth, Sec'ry.
GENERAL JOURDAN.
[For the recall of this General frop
the command of the French array of the
North, so soon after his late successes, va
rious motives have been alledged. In the
following the truth, we believe may be
seen.]
" SOME curiosity having been exci
ted refpefting the cause, and the manner
of Geneial Jourdan's removal from the 1
chief command of the French army o£
the North—we insert an abilraft of the
Report of the Committee of Public Safe
ty on the fubjeft. " After our success
at Maubeuge, the Committee prepared a
plan for driving the enemy from the ter
ritory of the Republic. For the execu
tion of this plan, great boldness was ne
ceflary in the General. This quality is
wanting in Jourdan, who seems to have
forgotten the maxim, That nothing is
" done while any thing remains to be done."
" The committee thought he (hould
be replaced by PICHEGRU, who poflef
fea all the qualities, that JOURDAN
wants. The latter, may return home for
some time—but, not as fufpedted Gene
rals do ! He (hall obtain an honorable re
treat—worthy of his probity and putrio.
' ' " „ . ' • •
\ tifm. He is poor—aad the Conqueror of
J.laubruge, ought to rcccive a teftimoriy
of National Gratitude. We pnopofc to
you to grant him the pension fixed by
law."
; The House of Representatives of the
United States, this day, corapleated the
difcufGon of the report of the committee
of the whole on the ways and means, and
appointed a Committee to bring in a bill.
A resolution was this day moved in the
House for continuing the Embargo to
the 20th of June —and notice given, th»t
it would be called up on Monday next*
By this Pay's Mail.
NEW-YORK, May 9.
Last Wednesday was held the annual
Commencement of Columbia Col We.
. The Governor, Chancellor, Mayor, Re
gents of the University, Clergy of all de
nominations, Trustee* of the college,
profefiors of the faculty of arts, profef
fors of the faculty of Phytic, the gradu
ates and students of the *rts and physic—
a!flembled 011 the green before the college,
and thence went in 9 proceflion to church,
preceded by a band of mufiCj The prcfi
dent of the college being Confined by
sickness, the exercises of the day, were
introduced with a prayer by the Rev. Dr.
Gross, the senior profefior.
The Ift salutatory oration in latin was
spoken by Peter Jay, on Order.
The id salutatory oration in english,
by Jacob Janeway, on the rights of
Equality.
Leffert Lefferts, on the chara&cr of
Cauis Marius.
Gilbert Milligen, on the Passions.
Thomas Uftick, on War.
Montgomery Hunt, on the Military
Character.
John Fisher, on Humanity.
Samuel Malcom, on hi (tory.
John Stringham, on Friendship.
Levi Gi'aham, on Youth.
Peter Stuyvefant, on Sensibility.
Jacob M'Kie,, on Ambition.
William Cox, on Man.
The degree of doctor of physic was
then conferred upon Peter Irving, David
G. Abeel, and Henry Mead ; the degree
of Batchejor of arts on Cyrus King, Ja
cob Janeway, Peter Jay, John Forbes,
Eeffert Lefferts, Gilbert Milligen, Tlio
mas Uftick, Montgomery Hunt, John
Fisher, Samuel Malcom, John Stringham,
Levi Graham, Peter Stuyvefat, Jacob
Mackie, and William Cox; and the de
gree of Master of arts, on the Reverend
Richard C. Moore, of Staten Island, and
the Rev. Cave Jones, of Virginia.
The Valedictory Oration was then de
livered by Cyrus King, on the present
state of America, as influenced by foreign
and domeftie politics.
After an address from the presiding
profefior to the graduates in general, the
whole was concluded by prayer.
N". B. As the Dean of the faculty of
physic had been prevented the day before
attending in the College Hall, the gradu
ates in physic fubferibed in the prefenceof
the audience, the necessary articles, and
an opportunity was taken by the Dean to
deliver to them an address.
Yesterday arrived at the Hook, the ship
Harmony, Captain Treagle, from Bordeaux.
The Harmony has brought 24 pafiengers.
We have the pleasure to inform the public
that Mr. Handerfyde, a constable of this
city, who was stabbed about a fortnight ago
by a Capt. Fish, whom he had arrested for
debt, is nearly recovered from his wounds.
We trust that the recovery of Mr. Hander
fyde and the legal steps taken with Captain
Fish, will prevent a repetition of the like of
fence towards any public officer.
BALTIMORE, May 6.
Gentlemen, *
The advice, afliftance, and fuppott, you
so readily afforded me, during my enquiry
into the two last riots,* in this town,de
mand my public approbation and thanks ;
which you will be pleased to accept from,
gentlemen,
Your most obedient servant,
SAMUEL CHASE,
Chief Judge of Maryland.
To the Worfliipful
George Salmon,
George G. Prtjlury,
Thorotvood Smith, and
Nicholas Rogers, Esquires,
Justices of Oyer*, &c.
*Of whom fpeaitth the Judge—of the
free, peaceful and happy citizens of the
United Stales—or some other people ?
V ♦
r
i r \ f » i. * f v
NORFOLK, May I. , ,
On Tuesday arrived here the (hip Char«
lotte, Ciptain Randall, in 50 days,from
PCTtLIi, Spaih. In. about 20 or 30
leagues off the Capee, spoke the (hip Cin
ciun&tus, Captain Cannon, out 47 days
from Amsterdam, "bound to Baltimore—
all well. ,i, ' i ,
Arrived—Ships Charlotte, Randall,
Ferrol; Almonac, Dei by, Port Glasgow.
Brig Maria, Wilkinfop, Cadiz. Sch'rs
Ranger, Harrifon, St. Bartholomews }
Sea Flower, St. Thomas's.
i BOSTON, May 1.:
Cap*. Rollins, -who arrived in town on
Saturday last, has obliged the Editors with
the follswjug intelligence, which cannot be
contra verted: He failled from Portsmouth,
(N. H.) Kirr.e time since, bound for Point
Pqtre, where he arrived, disposed of his car
go, and pvrchafed a quantity of sugar, &c.
the produce of the Island. He likewise toolt
00 board, on freight for Norfolk, about
3C,QCoi, worth of English goods, which he
took from a brig belonging to a Capt. Blaney,
who was bound from London to Norfolk,
but was blown off the coast last winter,
and had put into Ppint Petre, where the ves
sel was condemned as unfit for sea, and the
goods (hipped on board of Capt. RoilinS..
Just after he left Point Pent, he was taken
by a Britilh privateer and carried intaMont
ferat, where he was libelled, tried anicon
demned, veflel and cargo, that 00 freight as
well as his own, after the iew orders were
received. The judge told him that he had
private inftru&ions and must condemn all.
The value of this (hip and cargo was esti
mated at 35,009!. fteriing, which is the rich
est prize they have condemned yet.
Capt. Rr fays they have condemned 41
veflels at Moatferat, and,nearly half of them
fines the new orders were received.
PORT OF PHILADELPHIA.
ARRIVED.
S«hr.Tartar, Luzane, , Baltimore
Arrived at fort Mifflin —1 (hip, a Portu
guese snow, g brigs, j schooner, 1 sloop,
and the brig Ranger of Philadelphia.
At Chester—the ship Diana, Captain
Cain. At Wilmington—the brig
American. In the Delaware—a snow,
belonging to New-Providence.
REMAI N I N G
OF THE 1
Ship India's Cargo,
FROM
BENGAL.
. A finall affortmcnt of
BALE GOODS,
aj3 bags COTTON of good quality, which
would probably make an excellent remit
tance to Europe, and a
Quantity of PEPPER
For Sale by
Mordecai Lewis,
y Who has also to dispose of
Barcelona Hand's s. in boxes,
Holland Gin in cases,
Souchong, Hyfon,-and Tonkay Tea,
A quantity of flrrmltone, See.
F May 1 o •. d 3 w
' ~~~ JUST PUBLISHED,
[ MATHfiV CAREY,'
( 118, MarketJlreet,
Price 18 cents,
THE-.
Catechism of Man 5
Pointing out from found principles, and ac
knowledged fadls the Rights and Duties of
every Rational Being.
Am I therefore become,your enemy bec'aufe I
tell you the truth i Gal. iv. j6
Now ail these things happened nnto them lor
examples, and they are written for our
admonition, upon whom the ends of the
eartlv are come. i Cor. xii.
May 10 tuth&saw
NEW THEATRE.
1 THIS EVENING,
t May io.
Will be performed*
; A TRAGEDYY, called
• OTHELLO,
The Moor of, Venice.
To which will be added, ,
A COMIC OPERA, called .
Peeping Tom, of Coventry.
With the original Overture and Accoiflpa
niments.
Ladies and Gentlemen are requested to
fend their servants to keep places, at half an
hour past j o'clock, and to order them to
withdraw, as soon as the company are seated
' e as they cannot on any account be permitted
'e t o remain in the boxes, nor any places kept
after the fir ft aA.