Gazette of the United-States. (New-York [N.Y.]) 1789-1793, April 07, 1790, Page 411, Image 3

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    particular amendment, which fliould secure tlio
lauie object, proposed by Mr. White.
Mr. Boudinot said he hoped the committee would
jiot fpendtime in debating the amendment, but
rife, for the purpose of rejecting the bill in the
Iloufe, that Col. Ely may apply with his account
to the proper officer, which is the Auditor of the
Treasury.
A conliderable debate on this last proposition
took place.
Mr. Matthews said no man can suppose that any
similar cafe can be cited, where 280 officers who
were prif'oners were without a Surgeon—where
a great proportion of them were sick, and had 110
humanity shewn them, by those who held them
prisoners.
Mr. Heiiler said, if there are not any cases of
a fiinilar nature existing, the clause can do no
harm—if there is, the door is opened to their ob
taining likejuftice.
This amendment wasreje&ed. The Commit
tee then rose, and reported the bill with amend
ments —which were agreed to by the House.
The queltion on the bill's passing tobe engrofs'd
was negatived— 24 to 22 —and so the bill was loft.
A bill for granting relief to certain officers of
the late army therein described, was read.
A meflage from the Senate was received, in
forming the House, that they recede from their
amendment to the bill for promoting the progrefi
of ufeful arts, which had been disagreed to, by the
House.
A meflage from the President of the United
States, with exemplifications of three adts palled
by the State of New-York, was received, viz.—
An Act, providing for the fafe keeping of prifon
ersofthe United States. An adt for ceding light
houfesto the United States—and an adl ratifying
the amendments to the Conftituiion.
The bill, ceding the Light House of New-York
to the United States, was referred to a feletl com
mittee.
In committee of the whole on the bill to provide
for the punishment of certain crimes againlk the
United States.
The clause which provides for the difle&ion of
the bodies of malefa&ors, it was moved should be
struck out.
This, it wasfaid, was wounding the feelings of
the living, and could do no good.
It was said in answer, that it was only follow
ing a mode adopted by some of the wisest nations.
It was making those who had injured society,
contribute to its advantage by furnifhing fubjedts
of experimental surgery. It was attended with
salutary effeifts,as it certainly encreafed the dread
of punishment, when it is contemplated with this
atttendant circumstance.
Mr. Stone was opposed to the clause : He said
it was contrary, he believed, to the pracfiicc of
the several States—that it was making punifh
jnent wear the appearance ofcruelty, which had
a tendency to harden the public mind.
Mr. Williamfon ltated a variety of arguments
in favor of the clause—and she wed the very great
and important improvements which had been
made in Surgery from experiment.
Mr. Page spoke againlt the clause. And Mr.
Smith and Mr. Sedgwick in favor of it. The com
mittee rose without deciding—and the house ad
journed.
TUESDAY, APRIL 6
The engrofled bill, further to suspend part of
the collection law, was read—the blank filled up,
and the bill pafled to be enaifled.
The bill for the relief of certain officers there
in described, was read the second time—and re
ferred to a committee of the whole House.
A memorial of Joseph Henderfon was read,
and referred to the Secretary of the Treasury.
A report from the Secretary of the Treasury,
on the memorial of the Baron de Steuben was read.
In committee of the whole House ou the a6i
for the punishment of certain crimes against the
United States.—The motion for striking out the
clause refpedling the bodies of murderers being
delivered to surgeons after execution, for diflec
tion, was further debated—a number of gentle
men spake on each fide of the question—the af
firmative was supported by Mr- Page, Mr. Heif
ter, Mr. Jackson, Mr. Stone, Mr. Tucker, and
Mr. Clymer—the negative by Mr. Huntington,
Mr. Madison, Mr. Smith (S. C.) Mr. Sedgwick,
Mr. Williamfon, and Mr. Ames ; and the motion
being put, was negatived—and the clause retain
ed.
Several other motions for amendments were
negatived ; but the committee rose without fin
iftiing the difcullion of the bill.
Hon. Timothy Bloodworth, member from N.
Carolina appeared, produced his credentials and
took his feat. Adjourned.
NEW-YORK, APRIL 7.
APPOINTMENTS.
Hon. Rufus Putnam, Judge of the Western Territory, vice
Hon. Samuel H. Parsons, deceased.
Fro?/i a Neiubern (N. C.) paper.
By a letter from Hilllborough of the Bth inft.
we learn that the gveateft part of that town had
been destroy ed by fire a few days before.
The Hon. John Sto kes, Efq ; is eletfted one of
the Representatives of this State in Congress.
Laws of the United States.
CONGRESS OF THE UNITED STATES :
AT THE SECOND SESSION,
Begun and held at the City of New-York, on Monday the fourth
ot January, one thousand seven hundred and ninety.
An ACT to accept a Cession of the Claims of the
State of North Carolina, to a certain Diftridt of
Western Territory.
A DEED of Ccflion having been executed, and in the Senate
* 1 offered for acceptance to the United States, of the Claims of.
the State of North-Carolina, to a diftritt of Territory therein dcf
cribed; which Deed is in the words following, viz.
TO ALL WHO SHALL SEE THESE PRESENTS,
WE the under written Samuel Johnston and Benjamin
Hawki n s, Senators in the Congress of the United States of
America, duly and constitutionally chosen by the Legisla
ture of the (late of North-Carolina, fend greeting.
WHEREAS the General Assembly of the Jlate of North-Carolina, on
Me day of December, in the year of our Lord one
thousand seven hundred and eighty nine, pajfed an ast, entituled " An
Ast, for the purpose of ceding to the United States of America, certain
ivejlern lands therein described," in the words following, viz.
WHEREAS the United States in Congress assembled, have re
peatedly and carneftly recommended to therefpeftive State? in the
Union,claiming or owning vacant western territory, to make cefli
ons of part of the fame, as a further means, as well of hastening the
extinguilhment ofthe debts, as of eftablifhmg the harmony ofthe
United States; and the inhabitants of the faidWeftern terntory;being
also desirous that such ceflion (hould bt made, in order to obtain a
more ample protection than they have heretofore received : Now
this State,being ever desirous of doing ample juftice'to the public cre
ditors, as well as the establishing the harmony ofthe United States,
and complying with the reasonable desires of her citizens; Be it
enafled by the General Assembly ofthe State of North-Carulina, and it is
hereby enattedby the authority ofthe fame, That the Senators ot this
State, in the Congress of the United States, or one of the Senators
and any two of the Representatives of this State, in the Congress
of the United States, are hereby authorised, impowered and re
quired to execute a deed or deeds 011 the part and behalf of this
State, conveying to the United States of America, all right, title
and claim which this State has to the sovereignty and territory of
the lands situated within the chartered limits of this State, welt of
a line beginning on the extreme height of the Stone Mountain, at
the place wh«re the Virginia line interfefts it; running thence
along the extreme height ot thefaid mountain, to the place where
Wataugo River breaks through it; theuce a direst course to the
top of the Yellow Mountain, where Bright's road erodes the fame;
thence along the ridge of said mountain, between the waters of
Doe River and the waters of Rock Creek, to the place where the
road erodes the Iron Mountain; from thcnce along the extreme
height of said mountain, to where Nolichucky River runs through
the fame ; thence to the top of the Bald Mountain ; thcnce along
the extreme height of the (aid mouutain, to the Painted Rock, on
French Broad River; thcnce along the highest ridge of the said
mountain, to the place where it is called the great Iron or Smoaky
Mountain ; thence along the extreme height of the said mountain,
to the place where it is called Unicoy or Unaka Mountain, be
tween the Indian towns of Cowec and Old-Chota ; thence along
the main ridge of the said mountain, to the southern boundary of
this State, upon the following exprels conditions and fubjeft there
to, that is to fay: Firfl, That neither the lands nor inhabitants
westward of the said mountain shall be estimated after the ceflion
made by virtue of this ast lhall be accepted, in the ascertaining
the proportion of this State with the United States, in the com
mon expence occasioned by the late war. Secondly, That the
lands laid off, or directed to be laid off by any ast or acts of the
General Assembly of this State, for the officers and soldiers there
of, their heirs and afligns refpeftively, (hall be and enure to the
use and benefit of the said officers, their heirs and afligns respec
tively ; and if the bounds of the said lands already prescribed for
the officers and soldiers of the continental line of this State, shall
not contain a fufficient quantity of lands fit for cultivat ion, to make
good the ftveral provisions intended by law, that such officer or
soldier, or his aflignee, who (hall fall fliort of his allotment or
proportion, after all the lands fit for cultivation within the said
bounds are appropriated, be permitted to take his quota, or such
part thereof as may be deficient, in any other part ot the said ter
ritory intended to be ceded by virtue ofthis ast, not already ap
propriated. And where entries have been made agreeable tojlaw,
and titles under them not perfected by grantor otherwise, then,
and in that cafe the Governor, forthe time being, shall, and he
is hereby required to perfect, from time to time, such titles, in
such manner as if this ast had never been passed. And that all
entries pade by, or grants made to all and e*ery pcrfon or per
sons whatsoever, agreeable to law, and within the limits hereby
intended to be ceded to the United States, fhallhave the fame force
and effc it as if such ceflion had not been made ; and that all and every
right of occupancy and pre-emption, and every other right reserv
ed by any ast or acts to persons fettled on, and occupying lands
within the limits of the lands hereby intended to be ceded as a
forefaid, (hall continue to be in full force, in the fame manner as
if the ceflion had not been made, and as conditions upon which the
said lands aFe ceded to the United States ; and further, it (hall be
undcrllood,that if any person or persons (hall have,by virtue of the
ast, rntituled, 41 An ast for opening the Land-Office for the re
demption of specie and other certificates, and difcha-rging the ar
rears due to the army," passed in the year one thousand seven hun
died and eighty-three, made his or their entry in theoffice usually
called John Armstrong's office, and located the fame to any spot
or piece of ground, on which any other person or persons (hall
have previously located any entry or entries, that then, and in that
cafe, the person or persons having made such entry or entries, or
their aflignee oraflignees,(hall have leave, and be at full liberty to re
move the location of such entry or entries, to any lands 011 which no
entry has been specially located, or on any vacant lands included
within the limits of the lands hereby intended to be ceded : Provid
ed, That nothing herein contained lhall extend, or beconflrued to
extend to the making good any entry or entries, or any grant or
grants heretofore declared void, by any ast or acts of the General
Assembly of this State. Thirdly, That all the lands intended to
be ceded by virtue of this ast to the United States of America,
and not appropriated as before mentioned, shall be conlidcred as
a common fund for the use and benefit of the United States of
America, North-Carolina inclusive, according to their refpeftive
and usual proportion inthegeneral charge and expenditure,and (hall
be faithful ly disposed of for that purpose, and fop no other use or
purpose whatever. Fourthly, That the territory so ceded, (hall be
hid out and formed into a State or States, containing a foitable ex
-411-
PUBLISHED
tent of territory, the inhabitants of which (ball enjoy all the p
vileges, benefits and advantages let forth in the ordinance of the
late Congress, for the government ot the Western Territory of the
United Slates, that is to fay, whenever the Congress of the Uni
ted States (hall cause to be officially tranfmiUrd to the executive
authority of this State, an authenticated copy of the ad to l»e paf
led by the Congress of the United States, accepting the ceflion of
ten ltory made by virtue of this art, under the cxprcfs conditions
hereby (pccilicd; the laid Congress (bail at the lame time ailume
the government of the said ceded territory, which they iball exe
cute in a manner similar to that which they support in the territory
weft ot the Ohio ; lhdll protest the inhabitants against enemies,
and (bail never bar or deprive them of any privileges which tie
people in the territory weftof the Ohio enjoy : Provided always
That no regulations made or to be made by Congress, (ball trnd to
emancipate slaves. Fifthly , That the inhabitants ot the laid cc*.
[ ded territory, (ball be liable to pay iucli sums of money, as
may, ftom taking their census, be their juR proportion o*
the debt of the United States, and the arrears of the rcauiiitioi a
ol Congress on this State. Sixthly, That all persons indebteu
to this State, residing in the territory intended to be ccdcd by
virtue of this ast, (ball be held and deemed liable to pay fiich
debt or debts in the fame manner, and under the fame penal
ty or penalties as if this ast had never palLd. Seventhly, That if
the Congress of the United States, do not accept the cellion hereby
intended to be made in due form, and give official notice thereof
to the executive of this State, within eighteen months from the
palling of this ast, then this ast fnall be of no force or effect what
soever. Eighthly, That the laws in force and ufc in the State of
North-Carolin a,at the time of palling of this aft,(ball be.and conti«
nue in full force within the territory herebycedcd, until the fame
(ball be repealed, or otherwise altered by the legiflativc authority
ot the laid territory. Ninthly, That the lands of non-resident pro
prietors within the said ceded territory, (ball not be taxed higher
than the lands of rcfidents. Teuthh, That this ast (ball not pre
vent the people now residing fonthof French Broad, between the
rivers TenelTeeand Big Pidgeon, from entering their pre-empti
ons in that tract, (bould an office be opened for that purpose un
der an ast of the present General Aflfembly. And be it further a
acled by the authority aforcfiid, That the sovereignty and jurifdiftion
of this State in, and over the territory aforefaid, and all and (very
the inhabitants thereof lball be, and remain the fame in all rc
fpefts, until the Congrefsofthe United States (ball accept thecef
non to be made by virtue of this ast, as if this ast had never pas
sed.
Read three times, and ratified in General Assembly, the day
of December, A. D. 1789.
CHAs. JOHNSON, Sfi. Sen.
S. CABARRUS. Sp. 11. C.
Now therefore Know Ye, That we, Samuel Joh n sto.- ,
and Benjamin Hawkins, Senators aforcfaid, by virtue of the
power and authority committed to us by the said ast, and in the
name, and for, and on behalf of the said State, do, by these pre
sents convey, alfign, transfer, and set over unto the United States
of Americ a, for the benefit of the said States, North-Carolina in
clusive, all right, title, and claim which the said State hath to the
sovereignty and territory of the lands situated within the charter
ed limits of the said State ; as bounded and described in the above
recited ast of the General Assembly, to, and for the uses and pur*
poses, and on the conditions mentioned in thefaid act.
In witnels whercot, wc have hereunto fubferibed our names,
and affixed our seals, in the Senate Chamber, at New-
York, this twenty.fifth day of February, in the year ofour
Lord, one thousand feveu hundred and ninety, and in the
fourteenth year of the Independence of the United States
of America,
SAM: JOHNSTON,
BENJAMIN HAWKINS,
Signed, Jealed, and delivered > SAM . . _
n the brrfence of J aAM .A. OTIS.
Be it enaaea by the Senate and Houje of Reprefntatiies of the United
States of America in Congrefi aJJimbUd, That the said Deed be, and
the fame it hereby jeeepted.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the Hovfe of Reprefevtatwes.
JOHN ADAMS, VUe-Prcftient of the United States.
and Pr'jident of the Semite.
Approved, April the second, 1790.
CEORGfc WASHINGTON, Prefidentofthe United States.
(True Copy)
THOMAS JEFFERSON, Secretary of State
CONGRESS OF THE UNI TED STATES,
At the Sccond Seflion,
Began and held at the City of New York, on Mon
day the fourth of January one thousand seven
hundred and ninety.
An ACT to prevent the exportation of Goods not duly
infpeCled according to the Laws of the several States.
BE it enattedby the Senate and Hbufe of Reprefent
a five 1 of the United States of America, in Con•
grefs assembled, That the Collectors and other
officers of the cuftoins in the several Ports of the
United States, be, and they are hereby directed
to pay due regard to the infpe<flion Laws of the
States in which they may respectively a<fi, in
such manner, that 110 veflel having on board goods
liable to infpe<slion, shall be cleared out until the
Master or other proper person shall have produ
ced such certificate that all such goods have been
duly infpedted as the Laws of the refpeiftive States
do, or may require to be produced to colleiftors
or other officers of the customs*
FREDERICK AUGUSTUS MUHLENBURC,
Speaker oj the House of Reprejentatives.
JOHN ADAMS, Vicc-Prefid(nt of the United States,
and Prejideni oj the Senate.
Approved April second, 1790.
GEORGE WASHINGTON, President ojthe United Stales,
(True Copy)
THOMAS JEFFERSON, Secretary oj State
NEW-YORK, APRIL 7, 1790.
Extract of a letter jrom Norfolk, Virginia, March 20.
Fifteen vefTels, consigned to one house, have arrived here, with
in a few days, for ?r?in.
ARRIVALS SINCE OUR LAST. NEW YORK.
Ship Merchant, Bunker, Havre de Grace, 44 days.
Packet General Waftiington, Dufcloin, St. Maloes, 59.
Ship Anatolia, Leghorn. 58 days.
Brig Atalanta, Moore, Lisbon, 31 days.
Brig Bon Jesus de la Nova, Antonia, Oporto, 52 days.
Brig Amboy, Hammond, Cape Francois.
Schoonet Anna Bella, 'fhurfton, Montego Bay, 27 days.
Sloop Sally, Clarke, Aux Cayes, 18 days.
Sloop New-York and Philadelphia Packet, Bird, Phil:
Sloop Betsey, ditto.
Sloop Lydia, Morris, Gaudaloupe, 11 davs.
Sloop Friendship, Burham, Savanna, 9 days,
• ■ Sloop Charles, White, Norfolk, 2 days.
Sloop Mary, Salter, St. Kitts. 14 days.
(L. S.)
(L. S.)