Gazette of the United-States., February 15, 1792, Page 333, Image 1

A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FEN NO, No. 69, HIGH-STREET, PHILADELPHIA
[No. 84, of Vol. lII.]
FROM THE DELAWARE GAZETTE.
CONSTITUTION OF GOVERNMENT
PUBLISHED FOR THE CONSIDERATION OF
THE CITIZENS OF THE DELAWARE STATE;
Pursuant to an Order ol the Convention oi the 31H l)ec. 179'
(CONTINUED FROM THE CAZETTE OF FEB. 4;
12 XTO lands or tenements Ihall be fold by a (h-nff, upon a
IN judgment and execution, except in tne cals ot mortji
ces and recognisances, unless it be found upon anlnqu.fuion held
by the valuation ot four judicious and fiibftaiitlal ftee holders, up
on their oaths or affirmations, and under then l)a,,ds and seals.
that their clear vearlv rents and (irofits beyond all reprizes are
not fufficient within seven years to fatisfy all debts and damages
•with coils of fuiti, recovered against the defendant, Ins heirs, ex
ecutors or adnnniltrators ; upon which inquisition Ihall he m
dorfed a lift of all debts and damages, and all the reprises con
sidered by the freeholders in finding the inquest. No deed (hall
be executed by a iheriff to the purchaser ot lands or tenements,
unless the proceedings refpe&ing the sale thereof shall be iirlt ap
proved by the court from which the execution iflued.
Whenever a person, not being an executor or adminillrator,
appeals from a decree ot the chancellor or applies for a writ of
error, such appeal or writ shall be no flay ot proceeding in the
chancery, or the court to which the writ ilTues, unless the appel
lant or plaintiff in error ftiall give fufficient fecuriiy, to be appro
ved refpettively by the chancellor, or by the clerk of the court
from which the writ itfues, that the appellant or plaintiff in er
ror (hall profccute refpe6lively his appeal or writ to etfedt, and
pay the condemnation money and all coils, or otherwise abide
the decree in appeal 01 the judgment in error, if lie fad to make
his plea good.
14. No writ of error (hall be brought upon any judgment
heretofore confeffed, entered, or rendered, but within five years
from this time ; nor upon any judgment hereafter to be confcff
ed, entered or rendered, but within fivt- years after Ine conk-fling,
•entering, or renderia* thereof, unless the person entitled to iuch
wiit be an infant, teme covert, lion compos mentis or 4 prisoner,
and then within five years exclusive ol the time of luch difabillty.
15. The equity jurifdi£lion, heretofore exercised by (he judges
of t tie common pleas, fhali be separated from the common Jaw
jurifdi&ron, and veiled in a chancellor, who shall hold courts of
chancery in the several counties ot this 7 lie chancellor
shall hold his office as long as he shall behave himielf well there
in, «\nd shall be removeable as judges of the supreme court and
common pleas are bv this constitution to be. The prothonota
taries ot the several counties shall be clerks in chancery m their
icfpe&ive counties.
16. The judges of the common pleas, or any two of them, shall
compose the orphans court ot each county, and may ex rcife the
equity jurifdi£lion heretofore exercised by the orphans courts,
except as to the adjusting and fettling executors, administrators,
or guardians accounts, in which calc they shall have an appellate
iurildidion from the sentence or decree ot the regifler. This
court may issue orocefs throughout the State to compel the atten
dance of witnefles. Appeals may be made trom the orphans
court, in cases where that court has original jurifditStion, to the
supreme court, whose dccifion shall be final.
17. An executor adminiilrator, or guardian, shall file every
account with the regiiler for the county, who shall as loon as con
veniently may be, carefully examine the particulars with the
proofs thereof, and adjuil and fettle \he fame according to the
verv right of the matter and the law of the land ; which account
so fettled shall remain in his office lor infpettion ; and the exe
cutor, adnnniflrator, or guardian shall within three months alter
such settlement, give due notice in writing to all persons entitled
to (hares'of the estate, or to their guardians refpc£iively, if re Tid
ing within the State, that the account is lodged in t ie said office
tor irifpe£tion ; and the judges of that court shall hear the excep
tions of any person concerned, if any be made, and thereupon
allow no demand whatever againfl 'he eitate of the deceased, un
less upon coniideration of all circutrtftances, they shall be fully
convinced that the fame is therewith jullly chargeable.
jB. The rcgiilers ol the several counties ihall refpe£lively hold
the regifler's court in each county. Upon tne Litigation of a
«aufe, the dcpofition of the witneiTes examined shall be taken at
large in writing, and made part of the proceedings in the cause.
This court may issue process throughout the State to compel the
■attendance ot witnesses. Appeals may be made from a register's
court to the supreme court, whole deeifion shall be final.
19. The prothonotaries of the common pleas r.ay iffae pro
cess as heretofore, take recognizances of bail, and sign confef
fions of judgment; and the clerks of the supreme court shall have I
the like powers. No judgment in the fupretne court or com- !
mon pleas held for one county, Ihall bind lands or tenements in
another, until a teflatuni fieri tacias being iflued, shall be enter
ed, of iccord in the office of the prothouotaiy of the county
wherein the lands or tenements are situated.
20. The judges of the common pleas shall by virtue of the r
ofihccs, compole the courts of general quarter ieffions of the peace
and goal delivery within the several counties. Any two of the
said Judges shall be a quotum.
21. The Governor shall appoint a competent number of per
sons to the office o fjuftice of the Peace, not exceed iAg twelve in
rach county, until two-thirds of both honfes of the legislature ihall
by law duett an addition to the number, who fhill be comtnif
lioncd for seven yeais, it so long they shall behave themfclvcs well;
but may be lemoved by the Governor within that time, on Con
viction of misbehaviour in office, or on theaddrefs of both houses
of the legislature.
22. 1 he ftvle in all process and public a&s shall be, THE
SI ATE OF Dt.L AW ARE. Prosecutions shall be carried on in
the name of the State, and lhal| conclude againfl the peace and dig
nity oj the State.
ART! CL E VII.
Section i. There shall be a court, (tiled, The High Court of
F.rrori and Appeals, which (hall consist of the Judges of the Su
preme Court and th< Common Pleas, and of the Chancellor. Any
t' ur of the Judges of this couit may proceed on bufmefs ; but any
i mailer number m,iv open and adjourn the court. If any ot
them has tendered judgment, or passed a decree in any caule be
fore removal, he shall not fit judicially upon the hearing of the
fame in this court, but may assign the reasons upon which such
judgment was ren- end. or such decree palTcd. The Chief Justice
of the Supreme Court lhall preside, except when he cannot fu ju
dicially; and in such cases, or in his absence, the Chief Juflice of
the Common Picas; but if lie is so difqualilied or abknt, then
the Chancellor shall prefidc; and if he is so difqualificd or absent,
'Wednesday, February 15, 1792.
rn thf next eldest Judge, according to prioruv in date of com
miffi >ns, if present, and not difqualified as atorel'aid, lhall preside.
This Court shall have power to ilfue writs of error to the Supreme
Court, and to the Common Picas, and to receive and determine
appeals from interlocutory or final decrees of the Chancellor. Er
rors lhall be a(fign£d, and causes of appeal exhibited in writing
speedily, and citations duly feived on adverse parties.
f To be concluded t" our next. ]
FOR THE GAZEIiE OF THE L'MTED STATES,
EXTR'ACT
FROM A POEM, NOT YET PUBLISHED
HOLD, Atticus, 'till that grave Do&or pass ;
E'en meanness in her trade's a very ass,
Compar'd 10 him—imposing on mankind
His giavity tor parts—tor sense refin'd.
Say, is your friend, your father, brother, ill ?
Pr.iy trust not him—-except you wish to kill:
If so, 'midst all the Quacks that crowd the town,
There is not one, for killing, better known.
Who Atticus when languidiing in bed
He saw his friend ? Who would not weep him dead,
Should this grave Owl be call'd to give the potion,
And launch him to eternity's wide ocean ?
liut to be candid-—all ill will apart;
Some lay the Doctor has a generous heart.
And friend, in truth, molt noble proof indeed '
I've heard, how he would Ireely purge, and bleed
A beggar, in the twinkling of a thought ;
And ask him, only all he had—a groat.
Yet can I give another mark of merit,
And (hew his tenter, fympathizmg spirit.
Nan, lhameful fare ! was mighty ill, and poor ;
This man, with meafur'd ttep, pafs'd by her door ,
Straight was he cali'd—he tuin'd his head about,
And law—a creature with 9 tatter'd coat !
On Hill he ibtelv march'd ; the wretciied mat#,
Diftra&ed with the thought oi dying Nan,
Puifu'd ; o'ertook him, pray'd, intreated, cry'd —
But Jtubborn as a bull's, remain'd his pride—
" Here Doctor, here's a dollar, will you come ?"
" Yes," said thegood man, smiling, " lhcw the room."
So back they went---" there 011 the floor," he cry'd,
There's Nan, poor thing !" and wrung his hands and figh'd.
The Do&or felt her pulse, and found her—dead;
Then mighty wifely shaking W\sfmall head,
Oblcrv'd, 44 the woman's very well, I find ;
" She's gone, and lelt this wicked world behind :
" So, fir, I thank you much tor what you've paid,
" Good-bye—you'd belter get a coffin made."
For the GAZETTE of the UNITED STAIES.
MAGNETIC TIDES
SHOULD Congress defray the expence of a
voyage to the Magnetic point in Baffin's $ay,
who knows but a set of observations may be made
to explain, in some degree, the nature of this
■wonderful effect.
It seems to be proved by the principles of ge
ometry, that the magnetic needle has an univer
sal direction towards two magnetic points, and
that the magnetic points perform revolutions in
certain given times : it is also found by experi
ence, that many changes have taken place on the
furface of the earth—at one time and place the
sea makes rapid encroachments 011 the lands, at
at another time it defertsvery extensive dillritSs
—these changes are found to take place accord
ing to the revolutions of the magnetic points ;
and as this the cafe; there is ten thousand to
one in favor of the fame cause having an influ
ence as well upon the waters of the ocean, as up
on the direction of the magnetic needle.
Many opinions of learned men, such as Bttffbri,
Goldsmith, llay, Raynal and others, tend to con
firm the truth of the observation, that the furface
of this globe is luhjeCt to perpetual change by
real'on of the rising and falling of the ocean,
which would seem to be governed by laws as cer
tain and uniform as the common tides.
Diodorus, Sic.uliis, Plato, Aristotle and others,
besides the Kgyptian l'riefls, describe a continent
as large as America to have exitted about twen
ty-five hundred years ago, many days fail west
ward from Europe and Africa ; this great coun
try, they fay, was afterwards covered with wa
ter—Surely ttiefe lovers of truth would not pub
lish a fallliood. Many of the moderns think A
nierica answers the defci iption of the country ;j
yet the generality of hiltorians who treat of the
new world,, have pafled this account in silence.
It is certain there are large bodies of petrified
fea-lhells oil many mounrains of America, a proof
that it malt have continued many years under
the sea.
An inundation is well known to have buried
in modern times, with astonishing rapidity, the
half of Friezland ; it is said that something more
than sixty years ago, the church steeples of eight
teen villages near Mardike teftified the unhappy
event, they then appeared above the furface of
the sea, but have since yielded to the force of the
waves.
333
[Whole No. 292.]
The Baltic Sea lias destroyed and overwhelm
ed aiming many others, Uie famous port of Vi
neta ; and covered by flow degrees, a laioe por
tion of Pomerania, The German ocean gradu
ally encroaching on the ihores of Holland, over
whelmed the ruins of an ancient citadel of the
Romans, which had formerly lieen built on that
coalt, and which is now actually under water.
In the faine manner the sea washing the coast
of Norway, is well known to have' detached se
veral little islands from rhe main land ; and is
itill making daily depredations upon the conti
nent of Europe as well as Asia.
In some parts of the East-Indies, it is known
that the ocean in modern times lias encroached
four hundred leagues on the land, so as to cover
the low grounds and transform the tops of moun
tains into iiland.
Hence, after knowing the peiiodical revoluti
on of the two magnetic points, it is found they
cannot meet twice en the fame meridian under
(ivethoufand years; «n<l knowing the quantity of
acres ot. the furface of the globe, and the pro
portion between land and water, it is found there
is every year throughout the world about two
millions of acres covered with the sea in fotns
places, and about as much defened by it in others.
By the laws of nature and of nations, new
found lands are tiniverfally allowed to belong to
the Prince whose fubjeift makes the 'firft discove
ry ; as the author of the foregoing system is
a citizen of the United States, should the
addition of two millions of acres annually
on this account be claimed by this country, our
territories would soon become much more exten
sive than the largest empire in the world. X.
FROM A LATE HALIFAX PAPER.
WHENEVER a measure is proposed, which
affecls the interest of society, or even the
happiness of auy particular description of indi
viduals, who form a part of that society, an un
questionable claim results, from that relation in
which we stand to each other, as the offspringof
one Univerlal Parent, of pointing out those evils
and inconveniencies that may arise from the pro
secution of that measure, more especially, when
it immediately concerns those, who, from their
unfortunate situation, cannot have the means of
that information which is eUerifial to the form
ing a proper ellimaie of either their present or
future happiness. In fufch inftaitces humanity
will lend her aid, and the Chrittian then conli
ders himfelf of 110 country, but a citizen of the
world, and that the inhabitants of the remotelt
regions, as well as thole dwelling in the fame
diltrict with himfelf, are his neighbours and
countrymen, whenever their dillrelles demand
his friendly afliltance.
The attempts which are now making to in
duce the Blacks, who in general are'comfortably
fettled in this country, to remove ro the Coalt of
Guinea, led me into this train of reasoning ; and
( did hope some abler pen would have undertak
en the subject in behalf those unfortunate peo
ple, who, probably, will fall vitfims to the mis
taken principles of commerce, if not warned of
iheir danger, and the perilous iltuation to which
they will inevitably be exposed.
Of the policy arid justice of the measure, as ic
refpecfts this country, I shall nor, at present,
make any remarks further than to observe, that
it wears an unfriendly afpeit, as it will remove
from the Province a number of valuable settlers,
and therefore ought to be discountenanced, uti
le fs it was evident that thofc who are the imme
diate objects of it would be .placed in a happier
or more comfortable lituation.—But of the pro
pofols offered by the Sierra Leone Company, I
will fay, they are too vague and indefinite a»
the baiis of a Colonial ellablifliment, and howe
ver refpetflable the members of that Society may
be, either for their probity and humanity, it is a.
circnmftance of very serious cor.sequence (hac
the Blacks fliould be told, that the terms of set
tlement—the time they will be victualled, .and.
the manner in which they are to be provided
with such neceflaries as are eflential to their ex
istence-—are neither ascertained nor pointed out
with that clearness and precision, which they
have an undoubted right to expetft ; without fay
ing any thing relpeiSing those other privileges
which, as members offociety, they havean equal
and common claim fully to participate in.—Be
sides, the country to which these devoted people
are to be fenc, notwithstanding the fertility of