Gazette of the United States, & Philadelphia daily advertiser. (Philadelphia [Pa.]) 1796-1800, July 01, 1796, Image 2
PRICES CURRE NT. Philadelphia, July L. I ——— PER QUANTITY DOLLARS AT ICO CENT®. Dolls. Cu. Dolls' Cfs. -Anchors, pr. lb. per lb. IS Allum, F.n*lifh,pr cwt 7 Oil, linseed, per gall. lIJ Ditto, Roch, pr lb. II Olive, AJhes, pot, per ton, 17° ditto, per cafe, 9 - Pearl, IJO Sweet, te/I, in Arrack, per gallon, si'J I ', P" *>° x > 1° ■Bacon, Shoulder,pr* lb. ditto bajkets, IS Hams, 13 bottle!, 7 Brandt, common, I 60 Spermaceti pr gdll 1 06 Coniac, 167 a S Train, per bbl. 18 Braziletto, per ton, j2 34 Whale, per gal. 45 Bricle, per M. 7 P ' rt "PP r '"ft* "7 3° 'Bread, Jbip, per cu,t. 6 London,per dm. 2JO Ditto, pilot "*» American do. bott. Ditto, small -water incl. S per keg, 90 Pitch, per bbl. 3 JO Seer, American, in bot- Port, Burlington, per ties, per dozen, bot- barrel, 19 to SO ties included, 160 Lower county, 19 Ditto, per barrel, 6 Carolina, t6 Boards,Cedar,perMfeet 30 Peat, Albany, pr bujh. 93 Heart, 30 Pepper, per lb. j8 Neu> England, s6 80 Pimento, 14 Oak, 36 Raiftns, beflpn leg 9 Merchantable pine, s8 Ditto per jar, J Sap, do. 18 Ditto per box J Mahogany,pr.foot Rice, per cwt. J JO The above are the Jballop R'Ji n per barrel J JO prices, for the yard Rum, Jamaica, pr gal. I 7 J price price, add I dol- .iatigua I J 4 lar, 33 cents, fr M- Windward I 40 .Brimstone in rolls, per ——Barbados 1 33 t ,j». S6 J Country, N. E. 1 Beef, 80/ ion, per bll. 13 al6 Saltpetre, per cwt. JO Country, ditto 14 Saffafrecs, per ton Frefb, cwt. Jto 8 ditto, 60 Butter pel- lb. IJ ■Steel, German, per lb. 14 in kegs 14 —Englfb,hlijl.pr cwt. IS 24 Candles Sperm, per lb. J3 —American, per ton 133 33 ■ Wax —Crowley'r,pr faggot Myrtle IVax ' SO Snake root, per lb. 3 J Mould tallow 18 to 19 Soap, brown per lb. IS Dipped 15 —White 14 Cbeefe, En%lijb,per Ih. s8 —Cajlile SS Country II al3 Starch 16 Chocolate *5 Snuff, pr do% bottle Cinnamon 66 Spermaceti refined pr Us. Cloves 1 .50 Sail cloth, Engliji. No. Cocoa, her trust. 18 I, per yard, 33 Coffee, per lb. SJ to s8 80/lon, No. I, do. 30 Coal, per bushel, 4° ——— No. 2, do. Copperas, per cwt. 3 Sugar, lump, per lb. l{ ■ Cordage, American, per —Loaf, finale res. »7 out. 16 a l 8 ■ "Ditto double ditto Cotton, per lb. J3«• 40 Havannah, white »0 Currants 1° ——Ditto brown 16 Duck, Ruffa, per piece, 18 —Mufccmadop.cwt.llal<i 67 Ravens II JO Eajl India, pr. Dutch Sail Duck *4 14 66 Feathers, per lb. 60 Sp. Turpentine pr gall. 66 ■ Flax, ditto II Salt, allum, pr bujlell 66 Flaxfeei, per bushel 33 —Liverpool j6 Flour, Sup. per barrel II JO —Cadiz to Common, II —Li/bo* 63 . Bur middlings, heft, 8 JO Ship building IV. 0. Meal, Irdian 4JO frames per ton SS 67 —ditto Rye, 6 Ditto Live Oak, s6 Ship fluff per cwt. 3 33 Do. Red Cedar pr foot Fullic per ton, S J Shingleilt inches, pr Gin, Holland per cafe, 7JO M- 4 Do. per gall. I 93 DiHo »/"' \ - Glue, per cwt. Ditto feet dressed 16 Ginger,whiter ace,perewt 18 Staves, pipe pr 1000, 60 Ditto, common 16 wbiU-oakbogsbcai 4J 33 F.itto, ground S4 R ' d <" 1 *"* 28 Ginseng, per lb. 30 Leogan 26 33 Gunpnoder, cannon,per Barrel s8 qr. caji, S3 Heading 44 Ditto, fine glazed, s8 Skins Otter, bell pr piece 333 'Grain,WbcatprbujilJOal —Minks s6 Rye, I —Fox, grey 40 to J 4 Oats, 60 —Ditto red I SO —Indian Corn, 93 —Martins JO Barley, -X SO —Fi tiers , J 7 ieflfielled pr.lb. —Bears 3 Buckwheat per —Rations 60 bushel, 75 —Mujk-rats, 37 Hams, pr. lb. 13 —Beaver, per lb. 1 6s Hemp, imported, per —Deer, in hair 30 ton, 300 Tar, N. Jerf. 14 gall. American, per lb. 10 per bbl. Herrings, per bbl. 6 > —Carolina, 34 gall. * Hides, raw pr. lb. 8 *><) Turpentine, per bbl. 3SO Hops, 9 Tobacco, y. River hefl Hojbead hoops per M. 30 100 lb. 6a6 33 Indigo, French per lb. I -671 inferior 7 Carolina, I ° U « Irons, fadp:r ton 133 33 Rappahannock 7 •Iron, caflings pes not. 4 Colored Maryland J ' —Pennfylv.barfcarcellT, 33 Dark, 4 Ruff, a per ton 97 Long-leaf Jpjcr 3 2 Eajlern Shore S/vrf, 224 33 Carolina ne-w 5 33 Nail rods, ISO/o 116 67 oW 6 67 •funk per cwt. J Tea Hyson, per lb. Ito 1 Lard, bogs per lb. t 3 —Hyson Jiin, 67 Lead in pigs, per ewt. J33 —Souchong, I<sl 13 <V> bart, 7 —Congo, —Bohea, ' 3J rc Tallow, rtjinedy per lb. 14 Leather, foalpfr lb. SS Tin, per box l 6 JO Lignum vile per ton, 24 Verdigreafe, per lb. 89 •Logwood, 40 Vermillion, ao. Mace, per lb. II Varnijh, per gallon, Mackarr!, bej! per bbl. II Wax, Bees, per lb. 33 feeond quality, 8 Whale-bone, long,pr to. IS Madder, bejt per lb. SO IVine, Madeira pr p. ss6 Marble wrought pr foot 60 Lisbon, IS6 Mast (pars ditto 60 Teneriffe,prgal. 70 Mclajes, per gall. 60 Fayal, 6 J Mustard, per lb. Port per pipe 133 33 -flour,-in bottles. Do. in bott.pr dm per dozen, ISO Claret, t percajk 40/s JO Ji'ails, Sd, tad, lid, Sherry, i>ergallon I Jo and tod, per ib. 13 Malaga, 84 Vessels that fail fact, quid sale. COURSE OF EXCHANGE. On London, at 30 days, per X-ioo fter). at 60 days, 46j at 90 days, 161 1 16s l-s Amsterdam, 60 days, per guilder, 4 s ■ 90 days, 40 By an Artifl rtfident at Mr. Oellers's Hotel, miniature likenesses Ap.E taken and executed in that elegan' and deHeste ! stile, which isfo neoeffary to render a Miniature Pic ture an interefl.i;ig jewel. lie will warrant a (Irong and indifpntahle refrm tljncej and he tike. Ae liberty to lay before the public ox this place hii mofl carneft intention to deserve their pa tronage by his best endeavors to please. N. B. Specimens are to bcleen. Ma y 12. S FOR THE GAZETTE OF THE tmi'ED STATES. Mr. Fenno, The power of pardoning is veiled In the Gover nor of Pennsylvania in the fame ample and extensive manner, 2s in England, it is exercised by the king of Great-Britain. The ninth fe&ion of the Con stitution, on the powers of the Executive Magi llrate, enabks the Governor "to remit fines and forfeituies, and grant reprieves and pardons, ex cept in cases of impeachment." The latter part of this clause has indeed introduced a difference, where an impeachment takes place by the popular branch of government ; for, it has been generally supposed in England, though a pardon cannot be pleaded in bar or hindrance of an impeachment, tha the king may pardon the fcntcnce. In Pennsylva nia, by the express litter of the conllitution, the law isotherwife. -But with refpe£t to Courts of juf tics, the Englilh prerogative has not lodged great er powers in the king, on the fubjeft of pardoning crimes, and remitting fines and forfeitures, than the constitution has lodged in the Governor of -Penn sylvania. - u If we are warranted in this position ; and any doubts (hould arise touching the power of the Go vernor, to dispense with the penalty in any inftanee ; an appeal to the law would be highly proper for a solution of the question. Let it be supposed, for example, wc were desirous oi deciding the point "in what cases the Governor may release or discharge a recognizance" ; I apprehend we (hall find, both onptiticiple and authority, that it may be legally done, hi all cases, except where it is taken at the request, and upon the complaint of the party The reftriflion on prerogative mentioned by Brax ton—" non pofterit Rex Gratiam facere cum In juria et Damno aliorum ; quod antem alienum eft, dare non poteft per fuam Gratiam"—is eonfonant to the foyndeft principles of reason and jultiec. But the difficulty lies id discerning the true extent and application of the remark. It is admitted as a general rule, that where an inlerefl is vefled in the party, as in the cafe of bring ing a popular or qui tarn action, the Executive can not release the penalty, or pardon the defendant; because, quod alienum eft, dare non poteft per fu am gratiam. Upon a limilar ground, it is under stood, a penalty once actually veiled, by Conviction, in the party grieved, cannot be discharged. But, it is not so easy to point out the degree, or kind of interejly which thus limits the exercise of theexecu< tive authority. We (hall however attempt to draw the line, and examine the question, both on princi ple and authority. The great diftindlion on the fubjeft appears to be this—Where surety for the peace is taken by a magistrate ex officio, 01 is ordered by a Court, as pari of the sentence, the recognizances in thefecafes, may be discharged even before forfeitures. But where a recognizance is taken at the requett and upon the complaint of the party, it is otherwjfe. It|i» acknowieged on all hands, that any recogniz ance may be released after it is broken, and the debt thereby SOTotmeVy reflcJ In tUs cuhiiu'uiiwedHli.— ~ In wliich cafe we may observe, the prosecutor is as deeply interefled in the business as he' was before the Forfeiture, in as much as compelling -the wrong doerto makefatisfa£lion by the aflual payment of the forfeiture to the public, is the only means of affording him that prote&ion, which hefeeks by an appeal to the laws of his country. If a recognizance be taken npon the complaint of tie party, it is certain, in this cafe, that before the condition broken, the executive cannot discharge ft ; because the party has an inter'efl in it—his per fonalfafety depends, upon it, 'But if the offender Ihould forfeit his recognizance by an aflual ajfault upon the prosecutor, the debt may then be released, tho' it is evident, the profecufcr has become more deeply interefled in the butlnefs than he was before the breach of the condition. The true reason there fore why a release will not discharge a recogniz ance, is not the prosecutor'« having an interefl in the event, but his being a party to the eriginal tranfac lion, and that the debt in thefirjl injlance was creat ed at his requell, and for his sole use and perfonnl fafety ; for, the moment a forfeiture is incurred, the nature of the <lebt is changed—-it becomes wholly veiled in the public, and the executive may dispose of it, as hethinks proper, however interefled the pro secutor may be in the payment of the penalty, j In all cases where a recognizance is taken pith ' out the complaint of the party, it is a debt created without hi* aft or interference 5 and in such cafe, he : can no more be said to have an interefl in it, than I where a fine is imposed by the court without his con | fenrt, which there is no doubt the executive may re mit. Before bringing a qui tarn a&ion, the viola tion of the law may be pardoned—it is the aSual commencement of the suit that veils an interell in the informer, which cannot be released. Upon the fame principle there must be the a 9 of the party applying for surety, to veil a similar interell in him. It is worthy of remark here, that the books which treat on this fubjeft, uniformly mention the cases of the informer and the recognizance together, ta illustrate the position, "that the king cannot dis charge an interell veiled in the fubjeftwhich fumiQies a pretty Itrong prefumptian, that it is the aft of the party that veils the interefl in both cases— in the one by bringing the suit—in the other,by ma king the complaint. It is true, it is laid (sown in the "books, in gene ral terms, " that the king cannot pardon a recog nizance for the peace before it is forfeited." But thi;) (hould be undcrllood of recognizances, taken in the usual and general course of business ; which ■everybody knows, is on the complaint of a particu lar person to keep the peace towards him. And tho'it be the prafticein such cafe, to insert in the recognizance, 44 and towards all other •persons," j yet it is by no means a neceflary part of the recog nizance. Sir Edward Coke seems to insinuate a diltinftion, where the recognizance is to keep the pease towards another by name ; and observes that in such cafe, the king cannot discharge it before the peace is broken. As recognizances to keep the peace, are generally taken on the complaint of an in dividual for the explicit purpose of protesting him ly name in the t (cognizance; we cannot aroid think ing the fhou! ! be nn aa corrobora ting the idea now eimtenSed tor. If.the executive hath power to pardon the foun dation, it '..ems reasonable to aQert, tiiat he can pardon every thing depending thereon, or proceed ing from it. When fin ely for keeping the peace is deemed by she court necessary for the preservation of good order, it must be confidcrjed rss the effect, or consequence of the criminal conduct of the par ty; and therefore within the reach of the pardon ing power, equally with the crime, of which he a conviifted. To fay the executive can pardon one part of the sentence only, is a dodlrine pirifeftly novel, and is a limitation on the pardoning power, not to be found in the books, unless in some special cases, particu larly on acts of parliament—and the do£hine, in theprefent in [lance might lead to very ferioue con sequences. It is a fact as notorious, as it is melancholy,that the most usual objects ps the criminal jurifdi&ion of courts, ara the poor and friendlels, who have generally made themselves so by their vices. To require persons of this description to give surety to keep Hhe peace, is to require impossibilities. ilf courts therefore were to adopt the practice of or dering criminals convidt, to procure bail for their good behaviour and keeping the peace, the pardon ing power might be extremely impaired, as the mis erable wretches would (till be .kept in cultody for want of sureties. With refpeii to releasing a recognizance taken by a magiilrate ex officio, or that has been ordered by a court as pan of the sentence, the legcil ejfeirl of such discharge, agreeably to the principles hete da ted, must be, to prevent an arrest and demand of sureties for the fame cause ; just as a pardon -will -operate it: other cases. And as the courts do not require surety from offenders,without good reasons, which -commonly occur in the course of the trial, the prudence of the executive will naturally suggest the propriety, of not rashly releasing recognizances for the prefeivation of the peace and order of so ciety, even in those cases, where he may think pro per to pardon the rejl sf the sentence. In support of the preceding observations, we (hall refer to two authorities ; the one extracted from an abridgment, <o which more weight is due, than to any other compilation of the like natute — the other, from the very oracle of the law. " After a recognizance is forfeited, the king may pardon the forfeiture ; but he cannot release the condition before it is broken ; becanfe the party at zvhofe complaint it mas taken., has an interest in the condition."* The statute Weflmr, 2. chap. io. was made to prevent trefpsflcs in parks and fifh ponds—and in cafe of recovery in an adtion founded upon the sta tute, the trefpafler is not only to pay heavy dama ges, but to fuffer three years imprisonment—and at the expiration of the imprisonment, is to make ran som to the king, to find sureties that he will not af terwards committbe like offence, and for want of such sureties, he is to abjure the realm. Even in a civil a&ion, founded upon this statute, the king may not only remit the fnie, but by par don, discharge the defeadant, Trtffn that part of the ~jti&gmenr,T3\iX requires him to givefureties, or to ab jnre the-realm.f HAMBDEN. Hills -of Berks County, June 24. * Broke's abridgmeht, recognizance, pi. 22.id- Chart. de pa. 3 pi. 24. ;f Sir Edward Coke's 2 Tuft. 200. 3 id. 171. For t.he Benefit of Mr. Wells, Box-Book-Keeper. New Theatre. Lafi night this season of the company*sper forming. On FRIDAY EVENING, July 1, Will be prefdnted, a Comedy, called TheDESERTED Daughter [Writtenby Thomas Holckoft, author of the Road to Ruin, See. See. A* performiugat Cove.it Garden Thettre, London, with u niverfalapplaufe. Mordent, Mr. Green. Cheveril, Mr. Moreton. Lennox, Mi. Marlhall. Item, Mr. Francis. Grime, 3#r. Bcete. Clement, Mr. Warrell, job. Donald, Mr. Bates. Joanna, Mrs. Marshall. Mrs. Sarfnet, Mrs.-Francis. Mrs. Enfield* Mrs.Solomon. Betty, Mrs Do&or. Lady Ann, "Mrs. Shaw. TSnd of the Tragedy, A Concerto on the French Horn, By Monsieur ROSIER, being his ad performance in this country. To which will be added, (not performed this season) an OPERA, in two ads, called Rofina. JWith the-original Overture and Accompaniments,composed .by Shield.] Belville, Mr. MarHiall. Belville, Mr'. Parley, jun. William, Mr. Fiancis. Rustic, Mr. Warreli. id Irifinman, Mr. Green. ad jrifamen, Mr. BlifTetrt, Rofina, K Mrs, Warreli. Dorcas, Mrs. Bates. Plwebe, Mrs. Green. BOX, One Dollar—PlT, Three-Fourths of a Dollar— aodGALLERY, Haifa Dollar. •No money or tickets to be ieturned ; nor any person, on any account whatsoever, admitted behind the scenes. Ladies and Gentlemen arc requested to fend their servants to keep places a quarter before five o'clock, and order them .is soon as the company is seated, to withdraw as they can not, on any account, be permitted to remain. Places for the Boxes to be taken of Mr. Wills, at the Front of the Theatre. VIVAT RESPUBIICA A special meeting of the American Philofopbical Society WILL be held at their Hall NEXT FRIDAY EVENING at s o'clock. Ab the occasion of this meeting is mournfully interest- all the members now in the city are requested to at tend. By order of thi Vice Presidents, ROBERT PATTERSON, Sec'y. June 18 tf AN ACT Making further provision -relative to the revenut . _ Cutters. BE it enacted by the Senate and House of Repre- Jentatives of the United States, in Congress af~ J'embled, That from and after the firft day of May,in the present year, there be aHowed, in lieu of the compensation now established, to the master of each revenue cutter, fifty dollars per month ; to each firft mate, thirty five dollars per month ; to each second mate, thirty dollars per munth ; to each third mate, twenty-five dollars per month ; and to each Mariner, not exceeding twenty dollars per month ; to be paid by the collectors of the revenue, who (hall be designated for that pu*pofe. ,t See. 2. And be it further tnacied, That ell penalties, fines, and forfeitures which may be incur red under the impost laws of the United States, and recovered in confcqtience of information given by any officers of a revenue cutter, shall, after deduc ing all proper colts and charges, be difpofedof, as follows-: One fourth j>art shall be for the use of the United States, and be paid into the treasury thereof ; one fourth part for the officers of the eufl.»ms,to be dillributed in the manner now pro vided, relative to that part of the forfeitures they are now entitled to 4 and the remainder thereof, to the officers of -fttch cutter, to be divided among them, in proportion to their pay. Sec. 3. -And be it further eaaded, That the President of the United States be, and he hereby / is authorized to cause other revenue cutters to be buijtorpurchafed, in lieu of such as ate or shall, from time to time, become unfit for further fervice { the expense whereof, as well a3 all future expenses of building, purchasing or repairing revenue cut ters, shall be paid out of the prodn& of the duties goods, wares and merchandize, 'imported into the United Stales, and on the tennage of fhtps or vcffels. See. 4. And be it farther etiaScd, That the President of the United States be, and he is hereby authorized,to caufcifueh ievenu<ctittcrt as ihall/frota time to time, beeome unfit for service, to be fold at public au&ion, and the proceeds offuch Tales to be paid into the treafnry of the United States. Sec. J. And Jje .it Jurther enaP.cd, "That fa much of this aft as fixes the compensation of the officers and men on board the said cutters, Aall be, and remain in force, for the terra of one year, and from thence to the end of the next session of Con gress thereafter, and no longer. Jonathan Dayton, Speaker of the House of Representatives. John Adams, Vice-Prefidcnl of the United .States, and President of the Senate. Approved—May 6th, 1796. Go.' Washington, President of (he United Stater. The Old Soldiers OFfhe Pennfylvanio lineof the ermy (both -officers and privates) are inform d that there appears igSiiaAlafTa fachufetts and Coonedlicut papers a design to take frriin them nearly all their lauds over the Allegheny. tLonjr publication have appeared at StocLbridge and Hartford, felting up the Conne&icut claijn (though extinjjuiftied by tl>« decifioo it Trenton) foas to take the following lands given by PenafyU vania to the army. -DONATION J, AJJJBS. Diftriil Mo. t, about i-4jclatmcd as Connecticut's Do. No t. The whole claimed as ditto. Do. No. 3. The whole elaimed as ditto. Do. No. 4. Thewhole claimed ai ditto. Do. No. 5. The whole claimed aj ditto. 1 Do. No. 6. The whole claimed as ditto. Do. No. 7. The whole claimed as ditto. Do. No. 8. The whole claimed as ditto. Do. .No. 9, The whole claimed as ditto. Do. No 1o! he whole claimed as,di!to. The Court of Commiflioneis was a regular tonjlituted autho rity—There were among them two extern -members— They were all five unanimous. 'What (hould be thought of the Cun nefticut claimants by every friend to the peace and the laws of this country. ? J"'y '» tt Bank of North-America, J a b '» 1796. AT a meeting of the Directors, a Dividend was dtclarcd of six p»k cent, for the last half yea/, which will be paau to the Stockholders anytime afier the 10th inflaat. By Older of the Board, $r° JOHfl NIXON, President. A ftatefl Meeting of the Pennsyl vania Society for piomotin/r the ABOLITIONof SLAVERY &( v &c ' & Q C - , v ' i ", bc h, ; ld »< 'he ufuaJ plaoe, on the fourth initant, at 8 o clock m the evening. HEN J AMU? KITE>, Secretary. July I. ' Sugars for sale at Fox s Ayaion-room. At 3 o'clock To,morrow afternoon, Will be fold by Aofiion, for approved Notes at 60 days, 6ohhds.primeSt.CroixSugar. EDWARD FOX, Au&ioneer. Jun« 30. Lottery FIR raifiag fix thousand fix hundred and fixty-feve# dollars and'fifty cents, by a deduaion of fifteen per cent from the prizes, and not two blanks to a prize, viz. I Prize of 5000 dollar, it dollars ' 5000 1 1000 iooo 1 S OO jco 5 100 loco 30 I 0" 2CCO 50 4 ' JO ao ° JOOO ,00 ° j 10 *0,000 J Last drawn numbers of 1009 dollars each, 5000 4018 Blanksl 44,4J0 6350 Tickets at Seven Dollars each, 44,450 By order of the Dire&ors of the Society for eftab'lifh mgUfeful Manufactures, the fuperintendants of the Pat erfon Lottery hive requested the Managers to offer the foTegoing Ssheme to the public, and have dire&ed them to refund the money to thufe perfoos who have purchafcd in the former Lottery, or exchange the tickets for tickets in this Lottery. Ihe lottery has aAually commenced drawing, and will continue until finifted. A lift of the Blanks and Prize* may be seen at the office ot William Blackburn, No. 64 foutli Second street, who will give information where tick ets may be procured. Dated this 17th day of June, 1796. 7■ N CUMMING, JACOB R. HAR.DENBERG, £ Manager*. "JONATHAN RHEA, S Jane 18