Gazette of the United-States. (New-York [N.Y.]) 1789-1793, November 28, 1789, Image 3

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Saturday, 31\Jl May, 1788.
A CAUSE was on Wedncfday tried at Guildhall, befoje Mr.
Jbfticc Bullcr, the decision of which the Court declared to
be of the greatest importance to trade and commerce. The ast ion
was brought by MefTrs Paizely and Co. to recover from Mr. Free
man, a considerable sum of money, being the value of a quantity
of cochineal which the plaintiffs Hated they had fold to a Mr.
Faulk, a bankrupt, in of a fi&itious crt-dit and falfe
character the defendant wilfully gave him as a merchant. It ap
peared in evidence, that during the insolvency of Faulk, who was
concerned in large Speculations,the defendant had given him a co-
Jorable oredit, and fallacious reputation, representing him as a
merchant of responsibility, in which chara&er he obtained goods
from various houles to a conliderable amount ; that Faulk having
applied to the plaintiff for the goods in question, a reference was
made by the former to the defendant, refpe6ting his chara&er and
responsibility ; and that the defendant, representing him asaper
fon worthy of the highest credit, the plaintiffs, from that recom
mendation, trusted him with the goods in question.
Mr. Piggott (as counsel for the defendant) made a most excel
lent speech, 111 which he said that 110 merchants cbara&er would
be secure, if a man was liable to be called into a court of juflice,
forgiving a fellow-citizen a good character, as the denial of that
chara&er, upon application, lead to the ruin of any trades
man or merchant however relpeftable. Mr. Buller summed up
the evidence with his usual judgment and precision, accompany
ing it with many observations upon the importance of the present
attion to a commercial country; he said, the question for the jurv
to determine was, whether the defendant had knowingly Ipoken
falfeiy, by representing Faulk to be in pofTefliori of that character
as a responsible merchant, to which he had no claim, and in con
fidence of which representation the plaintiffs had trailed him with
then goods.
The Jury retired for some time, and brought inthe verdict for
the plaintiffs 427/. damages.
PHILADELPHIA, November 21.
ON Tueiday, the 10th instant, the Diftrilt Court of the Uni
ted States, in the Dillrift of Pennfylvama,* was opened in the
State-house in this city, by the Hon. Francis Hopki nson, Esq.
Judge ot tffe Court.
Such members of Congress as were in town, the Mayor and
Recorder of the city, and a number of refpedable citizens at
tended on this occasion.
After the commitlions of the Judge, of the Attorney for the
United States, and of the Marfhalof the Court were proclaimed,
and a number of the Gentlemen of the Bar admitted, the Judge
addreHed the Grand Jury in a charge suited to the occasion.
The Foreman, in behalf of the Jury, requefled a copy of the
Judge's Charge, for publication, of which the following are the
concluding observations :
" Thus hath the government of United States been eftabliftied
on the broad basis of the will of the people ; which is the only
just and permanent foundation on which governmtnt can be built;
for, the people are the true source of power, and the objett of go
vernment should be the good and profperityof those from whom
government is derived, and for whom it is instituted.
" My hearers, will, I am sure, rejoice with me in the profpeft
of the future glory of our new founded empire—A dominion ex
tending through various climates—resources inexhauflible—the
blessings of nature improved and heightened by the powers of
art—endless population —commerce unlimited—and, above all,
the wealth and ftrengthof so many potent States, united and bound
together by a liberal, and yet vigorous conlfitution, give us area
fonable bope that America will soon rife, like her own eagle, and
soar above those clouds and itorms which disturb and territy birds
of a weaker wing.
0 If any crimes or offences,cognizable by thejurifdi£lion of this
court, have come to your knowlege, it is your duty to enquire
concerning them, ana present them for trial. Should you want
any information refpe&ing the law, or inllruftion in points of
jorm, the court, or the attorney for the United States, will be
readv to give you all neceflary afliflance."
After theaddrefs several caufcs, criminal, civil and maritime,
were inflituted in this new court.
Let me recommend (fays a correspondent) one particular of an
important employment, forreducing the balance ot trade which is
against the citizens of America : WOOL! It is no exotic, and
can owe to no foreigner! Beatexpence on this article amongst
ourselves : encourage the growth ot it ; and promote woolen
manufa&ures : begin, in small atfociations or companies, with
the(implefl fabrications ; such as of blankets: they arc neceflary
as coats. Other objects for a well applied indultiy will occur,
the one after another. As a forerunner to promoting employment,
be hold in amending the regulations refpe&ing the poor : princi
pally provide checks on the magistrates, governors, and o\erfeers,
who through levity, weaknesses or other cause, futtcr their coun
try to be ihamefully abused and opprefTed in particular parts of
tbe continent, and involve in their lax government a marked
encouragement of fomc of the greatefl evils that can enfeeble na
tiansor affeffc mankind; idlenejs and debauchery, with theircon
commitent lurctchednefs. tjolin will be at c&fe ; will be idle ; will
be a Jot, because John can whine himfoif into the iociety ot pub
lic paupers without difficulty,be and there provided for,as a drone,
by the industrious, The laws provide sos the poor, but not
for the impostor : I would provide for the poor, but they
should be kepttofome employment; all paupers who are capableof
whittling a flick, may be induced to pass their time in producing
toys for others ; as the Dutch people are used to supply our babies,
big and little. A steadiness in work, of various lorts, according
to the abilities of the refpetlive inmates, would greatly lcfTcn the
public burthen ; both by the income produced by it, and from
impostors shrinking from a compulsive work under confinement,
when they can chute to work at large. Want of a right criterion
for admitting of applicants, to be provided for at the public ex
pence, is the principal cause of nine-tenths of them being in rea
son, in humanity, policy and in juflice, improperly received.
That zmzx\\% poor, is not alone fumcient cause for the fervantsof
the public to provide for him at the cost of the industrious pait of
the community : besides his being in a state of indigence, he mull
he incapable of working fufftciently to support himlclf in neccl
faries ; and he muftbe without any connexion capable and com
pellable by law to provide tor him. Indulging a whining dione,
capable of gettinga living by labor or in any way of his former em
ployments, is encouraging the vices above enumerated, and in
effect multiplies paupers and wretchednefs y Pen. Mercury.
BOSTO N, November 18.
It is a circumstance worthy of remark, and at the fame
reflc6U honor on Great-Britain, that in that kingdom the artiits
patronized by his Majcfty, are principally Americans. \\ est is
Historical Painter to, and a favorite of His Majesty Copley
also stands high in the Royal favor —and we lately have seen that
our young townsman, Brown, has been appointed Painter to
his Royal Highness the Duke of Clarence.
A correspondent has been so Obliging as to turnifli 11s with two
papers, printed at Madras, in India, from which we have extradl
cd the following paragragh :—
The fate of Gholoum Khadir Khan has been at length deter
mined upon, and the mode of punishment prescribed : His eyes
«re firft to be scooped from their sockets, with a ftmilar inftrumert
10 that with which he caused the unfortunate King sto be extratt
pd ; in tkis situation he is to remain for a certain time, in oulei
khat lie hunfeif mny fevl thofj agonizing unfpcakable fiifler
ings which he had occaiioned to another ; lie is then to be con
duced to a place prepared for the occasion, and interred to the
mtddle, :n which pollure he is to continue, to be ihot at with
poifoncd arrows, until he expires. His offences, it mud be ad
mitted, have been monstrous ; his punishment, however, we are
sorry to fay, tho seemingly accommodated to his a&ions, is a spe
cies of" refined retribution which too strongly marks the sangui
nary principles which, unfortunately for mankind, Itill influence
Eastern governments. It may be laid, that it suits dclpotic States,
where whatever inspires fear, is the propereft spring of govern
ment ; but the voice of nature cries loudly againll it.
Extrafl of a letter from a gentleman in London to his friend in tuistowni
You may be affuied that the University at Cambridge, in New-
England, is in poflellion of a far better Orrery than ever was
made in England ; for in my hearing, the King's Astronomers
and Mathematicians allowed that there never was one made in
England equal to that of Ri tt f. nhouse's, at Philadelphia —
and according to Mr. Pope's description of the plan of his Or
rery, they acknowledged his to be much superior ; and told him
" they have purchased it of you for aimed a song, for it is im
poflible such an one (hould be made in England short of twelve
hundfed guineas.
In addition to the many manufa&urts rising progreflively in
America, no mentuvn has as yet been made of the ivory Comb
Manufactory in this town—A branch of manufathire which no>v
produces,even for exportation, Combs as cheap, and as well made,
as any in Europe, and which, if properly encouraged, would not
only save but bring much money into the town.
" Truth and Fidelity are the pillars of the State ;
Ij any dlind Sampson break but these, the fabric falls,
and crushes all to pieces."
IT is of the lall importance to the honor and
liability of our national government, that its
foundations ihould be laid in faith and jujtice. In
order to this, the public engagements should be
made with greae caution and reserve ; and so within
the limits of fair, and probable calculation, that
the performance may, if poflible, always exceed,
but never fall Jhort of expeiftation. A punctual
man is an anchor to his friends, and connections ;
but confidence in the public Ihould be an immove
able pyramid of trull, that cannot fail. Whe
ther the Continental, or State Governments, have
in times pall, been profufe in their promises, and
remiss in the discharge of them, need not be en
quired into : but certain it is, that the public has
not been confulered, as in found policy it Ihould
have been, the moll eligible creditor ; and from
this want of confidence in the public faith, the
debts of our country have been contratfted on
such terms, as have amazingly augmented their
From this dear bought experience, a very im
portant lefl'on may be learned : and that is, not
to make a single engagement, beyond our abili
ties. Such a determination, it is true, may dis
solve the airy visions of many fplenetie fyllem
mongers, and sanguine speculators ; but it is the
only line of prudence and success. The refleift
ing, fubllantial creditors of the nation will ap
preciate the merit of such a resolution, as the only
fafe and effedtual rnwde of eftabliftiing the public
credit, and placing the United States upon such a
footing, as will enable them to make their future
contracts upon terms of equity and common justice;
The United States are doubtless in poflellion of
resources connnenfurate to their demands : but
these resources are many of them latent; and tho'
of such a nature, as cannot leave a doubt upon the
mind of any perfonof reHecftion and underltand
iug, of theirfufficitncy, and permanency ; yet, they
will require time to be brought into full opera
tion. The public exigencies may seem to require
immediate and extraordinary exertions ; but the
point of ability, is the point of utility ; and un
duly straining upon the patriotifin of the coun
try, in order to realize an objecft not easily within
our reach, will place this moll desirable event,
the ellablWlinient of the public credit, in a peril
ous iituation. The creditors of the Union, and
of the refpedtive States, will doubtless prefer a
fyftetn of certainty, upon a scale, within thecom
pafs of the public ability, to a widely extended
circle of paper promises that mull finally be loft
in the sea of speculation. What cannot be per
formed {\iou\d never be prowifed: for, as one of
the ancients hath said, the people that violate their
promises, make the Cods their enemies.
Wednesday lad being the anniversary of the evacuation of this
city by the British troops, and of the entrance of the American
army, colors were displayed at the fort* and at noon a federal sa
lute wis fired at the battery.
In mod of the States of the Union, it has been
thought proper by their respective Executives to
republifli the proclamation of the President of the
United States, recommending the observance of
a day of public thanklgiving, with some additi
ons; but in this State, so fully persuaded were
the Executive, that it would have a general and
prompt attention paid to it without this formality,
that the proclamation has been left to operate on
its own intrinsic, federal principles. The perfua
lion if we may judge from the example of this
city, was well founded.
Of all the fubjetfts that come under the public
cognizance in a free State, there is none that ex
cites greater uneasiness, jealousy, and debate than
that of finance ; and yet there is none attended
with greater difficulty in its management, and on
which greater candor, patience and good humor
ought to be exercised.
The Entertainment at the Theatre, on Tuesday evening laf>,
appeared, by the rep<ated plaudits, to give the fulieft fatisfa&ion
to a very croudedhoufe : The felettions for the Evening were mads
with judgment—and animated by the presence of the iiluftrious
personages, who honored the exhibition, the Players exerted
their best abilities. The Pieces performed were the Toy—The
Critic, arid anew Comic Sketch, entitled Darby'sßeturn.
The latter piece is the production of the fame ingenious hand, who
hath already contributed so much to the entertainment of the pub*
lie by The Father, or American Shandy if m." " Darby's Re
turn'' is replete with the happieit iliufions to interesting events,
and very delicately turned compliments. On the appearance of
The President, the audience rose, and received him with th<±
warmelt acclamations—the genuine effufions of tiie hearts o£
Tile ship Mafliichufetts, burthen 800 tons, Job
Prince, commander, is advertised to fail fiom
Bolton for Canton, in China, in February next,
and to return to the port of New York in Mat,
The Mail froth NeW-York to Philadelphia, and
vice versa afterthe firft day of January next, will
be dispatched five times in each week, leaving
Nfew-York every day (except Saturday and Sun
day) at 8 o'clock, A. M. and Philadelphia the
lame day, at 9 A. M.
The friends to the rights of human nature, and
particularly every American, mult feel iijterefted
in the commotions which now agitate the kingdom
of France. The prospect that opened upon that
people, of a compleat emancipation from a ltate
of abjecft defpatilm, imprefled the molt pleafinp;
sensations upon every philanthropic mind. Thac
they may finally eftablifli a free government, is
most: devoutly to be wished. Recent accounts, how
ever leeiu to corroborate tiie hackneyed sentiment,
that mankind arc alike in every age. A trium
phant majority too seldom discovers a proper
sense of the rights of the minority. Distinctions
will obtain in all governments ; they are truly
eltimable only in free States ; for there, they are
held by the molt precious and desirable tenure
the good will of the people, founded on merit,
and fandiioned by the laws. However, in France
a very refpecftable and formidable body, corapo
ledof clergy and laity, has long been eitabliflied ;
endowed it istrue, with privileges and immuni*
ties, degrading to the people, and hostile totheir
rights. These exemptions the nobility have most
nobly divested themselves of: but their facri
ficesdo not feemto be fufficient; ajid from con
founding and involving all diftintfttons, the tran
sition to (tripping i the Sovereign of the eflen
tials of monarchy is very natural. Happy will
it be for the French nation, if the excell'es of a
spirit of reformation do not combine an interest
against the National Aflembly, that may prove
paramount to all their fine spun, democratical
theories of government.
YE Fathers, ye generousprotedors of Ameri
can liberty, you may form Conftitutionsand laws,
thatfliall closely approximate even perfection it
felf ; butunlefsyou enable your people to fee the
beauty, the worth of them, all will be in vain !
Youmayaswell " cast pearl tofwine." Would
you preserve to yourselves and your posterity the
blessings and happiness of your dear bought re
publican government, or Indeed your government
itfelf, you must encourage a general education
among all ranks of soCiety ! You mult prescribe,
adopt and bring into operation, a system of
education, by which the minds of your people,
in general, from generation to generation, may
be lo far enlightened as to discover and realize the
true principles and excellence of civil liberty !
And I fee not why this may not be done. The
Americans, as a nation, are already the best; in
ftrutfted people under the funi There are, per
haps, individuals in other countries, who have
made greater advances in arts and sciences ; but
1 presume there is not a nation on earth, where
the people at large are so well informed. Why
maytheynot be raised one degree higher in point
of education? Were the people abfolutly oblig
ed to maintain regular schools, and in such num
ber that all the children might be taught, would
not the necellary knowledge soon be difFufed
throughout the continent ? O ! why may we not
flatter ourselves that it was reserved for America
to convince the world that a republican govern
ment may exist in its utmolt purity to the final
close of human nature ?
Wtitttfiay. Ship Speightftown, Jackson, Madeira.
Sloop Cato, Darre), Kingston, 45 dayj.
Sloop Sally, Lawrence, Cape-Francois, 24 days.
Sloop Nancy, Baltimore.
Sloop Nabby, Gardner, Charleston, 10 days.
ThurfJay. Sloop Sally, Raifbeck, St. Johns, N. B. 10 days.
THE Gazette of the United States circulates in every part of
the Vnion—being honored by fuhferibers in Georgia, South ana North
Carolina, Virginia, Mary/and, Delaware, Pennjslvania, New-Jerfy t
New-York, Connetticut, Rhode-lfland, MaJTachufetts, New-Hampshire %
and Dijlritl of Maine, Canada, Europe, and the IVeJI Indies. This ex
tenpve circulation renders it a proper vehicle for Advertisem * nt $
of a general, commercial and governmental import:—By the particular
desire and advice, therefore, oj a number of its patrons, this paper
will be open for the reception of advertisements of the above.defcript ion ;
which as they will convey intelligence of aninterefling nature, the Edi
tor hopes their insertion will meet the approbation of his friends in
general. Should the number at any time amount to more than a page in
the Gazette, they will be given in a Supplement.
New-York, Nov. 28, 17&9.