Gazette of the United-States. (New-York [N.Y.]) 1789-1793, December 26, 1789, Image 3

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Seftton I. THE Judicial Power of this Commonwealth (hall
be vested in a High Court of Chancery and a Supreme Court, the
juril'dittion of each of which (hall extend over the State; hi the
Courts of Chancery and of Oyer and Terminer and General Goal
Delivery herein alter mentioned; in a Court of Common Pleas
Orphan*,' Court, Regilter's Court, and Court of Quarter Sellions
for each county ; and in such other courts as the Lcgiflature may,
from time to time, edablilh. But no ipecial commission of Oyer
and Terminer or Goal Delivery (hall be iflued.
11. The Chancellor of the Commonwealth, the Judges of the
Supreme Court, and thejudges of the Several Courts of Common
pleas (hall be commiflioncd and hold their offices during good be
haviour; and (hall, at dated tunes, receive, for their lei vices, a
compensation, which (hall not be diminished during their con
tinuance in office : But the Governor may remove any of them on
the address of two thirds of each branch of the Lcgiflature.
111. The Chancellor, in addition to the other powers and du
ties of his office, shall cause to be tried, by a jury, such material
facts as either party (hill require to be so tried, provided a fpecifi
cation of the fa&s be made in writing.
IV. The Supreme Court and the several Courts of Common
Pleas fhall > besides the powers usually exercised by such courts,
have the powers of a Court of Chancery so far as relates to the ob
taining of tv'idtnce from places without the State.
V. Until it (hall be otherwifc dirt-cled by the Legislature, the
several Courts of Common Pleas (hail becdabliflicd 111 the follow
ing manner : The State, shall, by law, be divided into circuits, any
ol which (hall not include more than nor fewer than
counties : A President (hall be appointed for the se
veral courts in each circuit, who, during his continuance in office,
shall reside within such circuit; and one Judge (hall be appointed
from every county within such circuit, who, during his continu
ance in office, (hall reside within such county : Such President and
Judges, or any three of them, (hall be the Judges who (hall com
pose the several Courts of Common Pleas.
VI. The Judges of the Courts of Common Pleas refpe&ively,
during their continuance in office, (hall, the President being one
of them, be Jufticesof Oyer and Terminer and General Goal De
livery, for the trial of capital and other offenders, for each of the
•ounties within the said circuits refpcttively : But they (hall not
hold a Court of Oyer and Terminer and General Gaol Delivery
in any county, when the Judge of the Supreme Court, or some
of them, (hall be setting in the fame county.
VII. The Judges of the Courts of Common Picas refpc&ively
(hall, duting their continuance in office, be Judices of the Courts
of Quarter Seflions for each of the counties wirnin the said cir
cuits refpe&ively : And they (hall, when fitting in a county,
compose the Orphans' Court and Register's Court for that coun
ty : But the Judge, who (hall reside therein, and the R giflerof
Wills may. at all other times, hold such Courts, fubjeft to the
revision and decrees of the Orphans' Court upon appeal or
VIII. The Judges of the Courts of Common Pleas (hall have
the like powers with the Judges ot the Supreme Court to i(Tue
writs of Certiorari to the Judices of the Peace within the several
counties refpettivcly, and to cause their proceedings to be brought
before them, and the like light and justice to be done.
IX. The Judges of the Courts of Common Picas (hall beCon
fervators of the Peace within the several counties of the circuits,
in which they (hall be empowered to hold Courts.
X. A Court of Chancery (hall be cdablilhcd within each of
the said circuits, except that, m which the high Court of Chan
cery (hall be datcdly held, and the President ol the said Court of
Common Pleas refpe&ively (hall hold the fame, and be diled
the Chancellor of such circuit: He (hall poflefs and exercise there
in the like powers with the Chancellor of the Commonwealth,
cxcept the power of granting injun&ions to day the proceedings
or suspend the judgments ot any common law courts : The mode
of proceeding (hall be the fame as (hall be used in the high
Court of Chancery. From any interlocutorv or final decree in
the Chancery of any circuit, there shall be an appeal to the
Chancellor of the commonwealth.
XI. A competent number of Justices of the Pencc for each
county (hall, from time to time, be ascertained by law ; and the
c itizfas of each county ufp< (hall, at the general cle£tion,
rhoofe double that number, or of the vacancies, that may happen,
and return their names to the Governor, who (hall appoint and
commiilion, for years, ii so long they behave them
selves well, half of the number so cletted and returned : But this
mode of appointment may be altered as the Lcgiflature (hall, by
law, dircft.
XII. A Regider's office for the probate of wills, and granting
letters of adminidration, and an office for the recording of deeds
(hall be kept in each county.
XIII. Prothonotaries, Clerksof the Peace and Orphans' Courts,
Recorders of Deeds, Regiders of Wills and Sheriffs ihall keep
their offices in the county town of the county, in which they ref
pe&ively (hall be officers. And circuit officers (hall keep their
offices in some county town within their circuits refpe&ively.
XIV. The dile of all process shall be, The Commonwealth of Penn
sylvania. AJI profccutions (hall be carried on in the name and
by the authority of the commonwealth of Pennsylvania, and (hall
conclude, again ft the peace and dignity of the fame.
Seflion I. SHERIFFS and Coroners (hall, at the places of the
elc&ion of Representatives, be chosen for three years, by the citi
zens of each county rcfpe&ively; two pcrfons (hall be chosen for
each office, one of whoin for each, (hall be commiflioncd by the
Governor ; no person ihall continue in the office of Sheriff more
than three years fucceflively.
11. The freemen of this commonwealth (hall be armed and
difcipjiued for its defence : The militia officers shall be appointed
in such manner, and for such time, as (hall be, by law, directed.
AI L debts contra&cd and engagements entered into, before the
cftnhlifhmcnt oft his Condi tutiou, ftiall be as valid againd the com
monwealth, under this Conditution, as they have been heretofore.
Section I. A SCHOOL or schools (hall be edablifhed in each
couniy for the indru&ion of youth, and the State shall pay to the
mailers such salaries as shall enable them to teach at low prices.
11. T)>e arts, iciences, and all ufeful learning shall be promo
ted in one or more unwerfities.
111. Religious focieticsand corporate bodies (hall be protected
in their rights, immunities and rdates.
[ Bill of Rights in our next.]
BOSTON, December 16.
The Twelve States of America, convened in
Federal Convention, which proposed the Consti
tution, have now all adopted, ratified and con
firmed it. The Edifice may now be declared com
plete—and on itscompletion we inoft cordially fe
licitate our country.
The following are the periods at which the
several States adopted the constitution of the
United States, viz.—
Delaware, Dec. 3. Pennsylvania, Dec. 13.
New-Jersey, Dec. 10, 1787- Georgia, Jan. 2.
Connecticut, Jan. 9. Maflachufetts Feb. 6. Ma
ryland, April 28. South Carolina, May 23.
Ncw-Hampfhire, June l\. Virginia, June 25.
New-York, July2j, 1788. And North Carolina,
Nov, 20, 1 789.
" Ghojls and Hobgoblins rifc f
44 fromjzar, andj'ramfurprife
X HE tyranny of superstition over the hopes and fears of an ig
norant world, was long maintained with afway totally incredible
to the present enlightened age.. The agency of evil spirits in par
ticular, appears to have been recognized in such manner, that the
providence ol the Deity was considered in a subordinate and fe~
condary point of view : The Devil is called 44 the prince of the
power of the air From this appellation he is supposed to
44 Rule in the ukitlwind, and direst thejlorm
as if, the Creator and Lord of all, because he had, in some fenfe>
pe rfe&ly unintelligible to us, afligned the air as the element of
evil spirits, had alio given them the sovereign dire£Uon of its
powers, and abilitv to exercise those powers for the annnoyance
of mankind. I iometimes think we derogate from the benevo.
lenceof the Deity, in afligning so large a sphere of action to the
Devil: As a celebrated author fays, 44 I never could think it for
the intcrcfl of religion, that the providence of God (hould be el
bowed, as it were, quite out of the world by a fyflem of doemon
ifm. Human exiitence is a Hate of trial and probation. Natural
evils are permitted, to answer important purpofi s ; they are easily
difcerncd to be a link in that (yflem, by which the univerfc is go
verned, and arc surely competent to the purpoles of providence,
in refining and purifying our natures, and raifmg them to that
of excellencc, which (hall, through the infinite benevo
lence of God, prepare them lor immortal happiness. Upon this
principle it appears to be unneceflary to intei pose upon every de
viation from the paths of rc£titude, the influence of the Devil.
It is wrong : It certainly tends to abate our consciousness of de
merit, and tends to lull our consciences to sleep, when the flings
of guilt ought to rouse us to sorrow and repentance.
LONDON, Nov. 7.
rrlE Duke of Ot leans had a private audience of the Queen, in
her own apartments.
The celebrated Herschell has discovered a seventh Satellite,
moving round Saturn, and Hill nearer to his body than any of the
left. It is about 26 seconds only of apparant distance irotn his
centre ; the exterior boundary of the ring being 22 seconds from
it by eltimation. The periodical time of this Satellite is less than j
24 hours, that of the 6th is 32b. 48 min. 12 fee. S.-.turn's ring con- !
tinues visible by Dr. Herfchell's largest telescope ; and a few nights
ago he saw three of the Satelites on t ie ring at one tune. The ring
appears to him to be every where of an uniform thickr»efs.
Intelligence from Ruflia informs, that they had the rineft Au
tumn in that country ever remembered—All was quiet in that
The batteries which the Ruflians had taken near Elgfo, were
it tacked by the Swedes, on the 6th Oft. and carried with fixed
Bayonets. The adailants amounted only to 160; the batteries
were defended by 300 Ruffians.
Parliament is prorogued to 10 December.
The I incoJnfhire Ladies under the auspices of Lady Banks,
persevere in their patriotic f "heme, for the encouragement of their
county manufactures. At the last assembly, near 400 persons
v.*cre prefenr, of whom the c\z6i half were Ladies; every person
was compleatly drrft in the raanuta&ures of the county. The
Ladies wore an uniform (luff gown. In one of the tranfparences
was the poitrait of Miss Ives of Spalding, who has brought spin
ning to a perfeflion unknown in England. She has spun 300
hanks out of a pound <?f woollen yarn, which mcafure 168,000
yard*, 01 96 milt?. The Royal Society have rewarded Mary
Powley lor fpinniog 150 hanks out of a pound.
Extract 1 of a let tat from At a-York, dited Augujl 4, 1780.
'• You will fee by our news-papers, that the taxes impoied by
Congress are very trifling; they will, however, raise a large re
venue, as they hold out no temptation to ; and the con
fi.mptioti c Bntifli and Weft-India goods is now very great thro
the United States. But thefc arc not the only rcfouice of
Congress, for it is well known that the sale of the unoccupied
lauds is fufßcicnt not only to (Support the expenees of Government
and pay the intertft of our national debt, but even to clear off
the capital in the course of ten or twelve years.
TJie President of Hie United States has been
pleased to appoint the Hon. Win. I a m PACA,Judge
of the Federal Court, for Maryland district, vice
the Hon. Thomas Johnson, religned.
MembersofCongrefsnowin this city : Senate,
Irefident of the Senate.—Mr. Dalton.—Mr. John
foil.—Mr. Schuyler.— Mr. King.—Mr. Izard.—
Mr. Butler.
II Ei'RE sf.ntat Ive 5, Mr.Gil man.—Mr.Gerry.—
Mr. l.awrance. — Mr. Benfon.—Mr. Scott.—Mr.
Coles. Mr. Brown.—Mr. Griffin.—Mr. Huger.
Mr. Smith, of South-Carolina.—Mr. White.—
Mr. Otis, Secretaiy of the Senate.
Mr. Eeckley, Clerk oftlieHoufe.
WcUnefday arrived the Britilh Packet Qtitcn
Chariot it, Capt. Radclikf, in 30 days from Fal
modth—From English papers we state the fol
lowing particulars in brief.—
The National Ailembly commenced their pro
ceedings at Paris, the 1 jth of Ocflober.
The contributions of plate for public service,
in France, amount to abour t 20,ooomai ks of silver.
A litt of pensions is publilhed ; there are no less
than 40,000 persons on it ! The names, with the
motives 011 which the pensions are founded,make
three large thick 4to volumes.—Such an influence
■was as a mill ft one hung to the neck of Liberty.—The
new Handing army is established—1 40000 in peace
double that number in war.—A spirit of op
position to the National Aflembly appears to be
kindling in feveralof the provinces—as Norman
dy, Daupheiny, &.c.—The resolutions of the Nobi
lity and Clergy of Thouloufe declare that the
Majesty of the Sovereign is violated by the at
tempts of audacious men, who wiftito govern the
State, and substitute a real aristocracy for one
which is only ideal, which they would fain ere
ate ; that Religion and the Laws are prophaned ;
the rights and franchifes of provinces violated ;
and that the lawful authority of the Monarch and
his liberty, were Jolt in the cabals of the Nation
al Affetnbly."
Martial Law has been proclaimed, but has not
been put in execution but in one instance—the
cafe of the murderers of a baker.—Three di
ftric r ts of Paris are petitioning for the repeal of
this law.—Count Mirabeau carried the following
resolve in the National Aflembly, on the 27th
October, viz.—No bankrupt, or insolvent debtor,
(hall be an Elector, or eligible, or become a
Member of any Council, or Municipal Committee,
or of any Provincial, or National Aflembly."—Oc
tober 28th he carried the following, viz.—That
in all the Aflemblies, there fliould be, previous to
an Election, a table on which fliould be written
the names of all those young men, of the age of
21 in each Canton, who, by their conduct and
morals were worthy of being elevated to the
rank of citizens. —Tliat no citizen shall have pow
er to exercise his right as citizen in more places
than one ; and no person /hall be represented by
yroxy in any Aflembly.
M. Camus the Prelident ofthe National Aflem
bly being unpopular wich the democratic party,
they found means to harrafs him in such manner
as to induce him to relign—and M. Freteau was
elected to the chair.—Oiftober 29, the National
Aflembly decreed, That to be eligible for the Na
tional Aflembly, it is neceflary, besides the usual
qualifications to be anEleiflor, to pay a dire<st con
tribution of one mark of lilver, and to be a pro
pietor of land.
The King still resides in tlieThuillerie?,guard
ed by the national militia. The Ministry has,
in a body, addrefled the National Aflembly, on
the incompetency of the Executive power.
The American funds on the London Exchange,
aje at jopr. cent, and many buyers Alderman
Picket is elected Lord Mayor of London. The
total amount of the several branches of the Bri
tifli revenue, under the heads of customs, excifcs,
(lamps, and incidents, for the week, ending Ode.
23, 1789, as delivered in, to the Exchequer, is
[.294,580 1 2d. The English paragraphifts, in
I'peaking of the President of the United States,
llile him GENERAL. Belgrade surrendered to
Gen. Laudohn, commander of the Emperor's
forces, 011 the Bth of Odt. Say's Weekly Journal,
Ocfl. 31, informs, that the American States have
obtained the bulls from Rome, for the consecra
tion of Dr. John Carroll, the firft Roman Ca
tholic Pi ieft, by the title of Bishop of Baltimore,
in Maryland. The firft article in the capitula
tion of Belgrade, as stated by the Turks, fays,
that God from all eternity, decreed that the place
11-ould betaken : [An artful way of depreciating
the merit of thebefiegers !] —Semendiia, another
Turkiih fortrefs surrendered to the Imperialists
soon after Belgrade—and the Prince Hohenloe
gained a complete victory over Cary Muftapha,
who commanded a body of 10000 men. A depu
tation from the peopleof Colour, inthe Weft-In
dia islands, was admitted to the bar of the Na
tional Aflembly on the 22d Oct.—and their ad
dress received wilh great applause—the president
allured them that their representation ihould be
certainly attended to : The deputies were enjoin
ed to make a deposit offix millions on the altar of
their country, and to give a fiftieth of their pro
perty towards the redemption of the national debt.
The following lines appeared in the Maflachu
fetts Centinel of the 16th inft. under a Iketcli of
twelve pillars, emblematic ol the twelve Hates
now in the union.—Afmall black column appears
at the end of the Colonnade, almost prostrate,
borne down by a paper bill, marked 40 for 1 —
pendant from the pillar :—
The GREAT PALLADIUM of our happy land
Conne6H " the Union" by a "golden chain
Which kept entire, these Federal States (hall stand
As long as Time's old annals shall remain :
And nations fee with joy, the beauteous Dome,
" Columbia's boast, and Freedom's hallow'd home.''
Over the fame pillars in the Independent Chro
nicle of the 17th, are the following: —
To rear the facrcd TEMPLE to the Ikies,
Behold these Adamantine COLUMNS rife ;
Where lading strength unites with beauteous grace,
UNION the Arch* and LIBERTY the Bifc ;
Where glorious PRIDE and patriot VIR.TUE meet.
And INDEPENDENCE finds her fafe retreat.
All hail POSTERITY, if from your hearts
Your Father's Hcav'n-born VIRTUE ne'er departs ;
Then ihali THIS TEMPLE stand, till vengeful fire,
Consume the spheres, and TIME himfelfexpire.
* Sec Hon. Mr. BOWDOIN's Speech in Convention.
The Sele&men of Boston, agreeable to pow
ers veiled in them by the town, have named the
Highway (formerly called Boston Neck) com
mencing from Orange Street, and extending to
the end of the town, Bounding on Roxbury,
WASHINGTON'STREET—and "have recorded
the fame accordingly.
Publifked by JOHN FENNO, No. 9, Maiden-
Lans, ncart he Ufatgo-Mfrk eI. New-Yqrk.— pr. oti.J