Gazette of the United States, & daily advertiser. (Philadelphia [Pa.]) 1800-1801, December 20, 1800, Image 2

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    Gazette of the United States.
Prices of Public Stock-,
|C7* The Books for transfering funded Stock
closed yesterday laitbtbv following prices.
for amtmn
V* * flare
Eight per cent, ftocb— Id)
Six set cent, fleck. 5 « ,
Navjr ditto
Deferred 6 per cent. 8?4 aBB
Thre» per cont. $s * SJt
5 l-» per eent; )
A M per tent. J none at market
BANK U, States 140 o 139 p. cent
Pennsylvania, 1350134 ditto f
N. America 151 ditto f
Insurance C®. Peuns'a 117 alii ditto J
North America 714*74
Turnpike - 150 a 460 dolls.
Schuylkill Bridge ... par
Water Loan, 874 dolls.
Land Warrants 45 * 30 dolls. 100 acres
Sl.AuguJirni Cburcb Lottery Titith, 9J dollars
On London at 60 days 70 *
Bates of Foreign Coins and Cur
rencies in the United Statei—per
act of Congres for payment of Du
DODI. Ct,.
Englift pound (let ling 4 44
Irish do do 4 10 /
Dutch Florin ot Ouilder o 40 f
Hamburgh Mark Banco o 1-3 J
Corrected at
Gbetnut striei t No, 14).
Of Governor Jacisan,
To both Houses of the Legislature of
prefented Nov. sth, 1800.
(Concluded From bur lift)
The twenty-third ieAion of the firft arti»
ele of our (late confutation is in perfect un'u
son with the articles of confederation and
the conditution of the United States, where
it is " provided nevertheless, that nothing
herein contained shall be condrued so at to
prevent a sale to or contrast with the United
States by the legislature of this (late of and
for-all or any part of the Weflern Territory
of this (late, lyirg westward of the river
Chatahookie,*' and it is again provided that
41 the legislature may give its ednfent to the
eftabliftiment of one or more governments
■westward thereof.", Is it neeefTary for me
to aik the legislature of Georgia if (h* has
no claim of foil and jurlfdidtion to the
territory eßablifhed into a government by
that act ? Is it not expressly included with
in the limits of Georgia by your land laws,
by other la«s in force, and further, by the
said twenty-third feAion of the firft article
of the constitution ? Is it not evident that if
Congress have a constitutional power to eted
the territory claimed by Georgia on the
Miilifipi, into a government without her
confent, that they have a right to form one
on the Okmulgee without that consent, or
even on a cavilling principle that the char
ter of Georgia extended no iurther than
the Alatamaha, to ereft.GlynnJand Camden
counties into a territorial government ? if
it he said, that Congress also claims the
Miffifippi territory, ought not those clash
ing claims fir ft to have been adjusted, and
then the government established !
Is it just, is it magnanimous in the Uni
ted States, with the strong arm of power,
thus to evade the claim of Georgia ? It
may also be ft id, that it is provided, that
the rights of Georgia shall not be impair*
«d by that aft.
But is not its very exigence an impairing
and violation of them, and the principle dan
gerous to all ft ate rights, and oppreflive to
■the. inhabitants over whom the government
unconstitutionally presides ? As well might
« man in private life enter afcother person's
house, keep poiTeflion and rule the family at
will, and then ifTue a provisional notice that
the right of the rerl owner (hould not be (
impaired. The inhabitants on the Miflifip
pi, are of the family of Georgia, and Were
•refled by the legislature, into a county by
the name of Bourbon. The aft existed
some years, did Congress ever objeft to that
ift," mate claims in opposition' to the
right of Georgia ? A majority of theie set
tlers at this fcday, conCder themselves as
Georgians, and entitled to the benefit of her
republican laws agd'couftitution ; and from
refpeftable information J am informed, a
petition is now or will soon be on the way
to the legislature to that purport ; and the
spirit of our laws and eonftitution is, that
when we do part with them, a republican
government shall be guaranteed unto them.
Under whatever imperieus circumftanccs
then (and that is only ground of excuse) the
government was formed—lt has been formed
in violation cf the confederation, and the
constitution of this state, and of the United
States i and it wiil continue to be that vio
lation, until the consent of Georgia is ob
tained. But the aft is not only reprehen
sible in this refpeft btat on other grounds
it A. - - jl . i Mm;', 'ji'lhe
■ HI -
coroinilfioners of the U. States, in its ioth
fettiofi, after authorising them to fettle by
tomproxnife, with Georgia, and to receive a
cefiion from het, " And also that the said
eommiffioners on the part of the United
States,* or of awy two of them, be authori
zed to enquire into the claims which are or
fliall be made by settlers, or any other per
sons whatfoe*er, to any part of the aforefaid
lauds s and to receive from such fetlers arid
claimants any proportions of compromise
which may be made by them j and lay a
full statement of the claims and the propo
rtions which may be maide to them, by the
jfettlm or damanu to any part of the laid
lands r together with their opinion ithexe.on,
as soon as ,in*y be, before Congreti For their
decision thereon." Let us, feUow-citizerts,
examine this clause. Is there uot here a
tribunal eftablillird unknown to the consti
tution ?~-Is not the legislature of the union
ailuming fundi on not belonging to them, and
that too to decide between the state of
Georgia and individual citizen 6 and foreign !
lubjefts in the very face of the confutation,!
and an amendment' thereto, which declares
"..the judicial powers of the United States,
fha'll not be construed to arty I'uit in law or
equity, commenced or prosecuted againd one
of the United States by citisens of another
slate, or txy i'ubje£l' of any foreign state."
Nay do they not go further and undertake
to decide their own causes that is, if the U.
States h*ve any claim to onr Wefttrn Ter
ritory. Hive they not corrftituted their
comnsiflioners, as it were matters in their
chancery to report on those claims to Con
gress, as lord high chancellors to decide
thereon ex-parte without the aflent, orcon
fent of Georgia, or even hearing her objec
tions to so dangerous a measure. If the U.
States chofeto decicde on claims of individ
uals, let them at lead obtain the right of
It is far you, legiilators, who have the
rights and priviledges of her citizens com
mitted to yottr care, to take some step to
preserve them, and to advert to the blow
which appears like an entering wedge to
undermine your (late title to all her Western
Territory. I (kail not pretend to advise, but
with all refj>eft for the general government
I do not think you can pass over this un
conflitr tional flride, for such hjwerer hard
the term, it certainly is, in silence govern
ments and constitutional rights are never
overthrown, or attempted to be overthrown
at once ; like the gradual mouldering of a
wall whose foundation hat been once injured
so a constitutional right falls unobserved to
I "lay and another to morrow an til the whole
fabric gives w*y, and tyranny rises on its
ruins. It is hot difficult to perceive for
whose benefit theft extraordinary powers
were vested*"the claimants are of two
clafles—one of them settlers on the Missi
ssippi, and grantees under British and Span
ilh governments—the other, the pretended
grantees sknd claimants under the usurped
aft of the 7th day of January 1795, com
monly known as the Yazoo speculation &
is a fad, which I am well assured of,
that in the Senate of the United States this
aft of Congress, giving those high powers,
was committed to two persons, one of whom
was «n oiigiital pretenaed grantee in that
Tpeculation, ana the other a person from
Massachusetts deeply engaged in the mea
sure. Where may it be utitti was a chance
of juflice to Georgia.
Let me next call your attention to the
proportions—To speak in the language of
our comtniflloners, I was really fuiprifed
»t perusing them. You are called en not
,0 I
I oo
only to repeal your laws but your very con
(litution which it beyond your power to do,
could it be poflible for a Georgia legisla
ture to be found so degrading at to attempt
it. for what ?to answer the views of a set
of men who corrupted your general aflembly
and obtained a usurped ad, betraying your
rights and thofs of future generations, to
make fortunes for thmfelves. The proposi
tions demand as a kind of ne plus ultra as
to corapenfation for'your WefternTerritory,
the date's lodging the Yazaoodepelit in the
bank of Charlelloti,and that in such cafe the
United States will indemnify Georgia a
gainst the claimants—it mud be acknow
ledged that here the commiflioners *r« ex
ceedingly generous. But does Georgia seek
this indemnification—is she not within the
verge of her jurifdi&ion Sc cojiduitutonal
rights as foverieign as much as any other
state or the United States—and can (he not
do equal judice were her clemency,is fought
for or judge of injuries done her dignity as
well as either of them.
What is this proportion but comming
to the old point—that taaoo money
(hall procure the extinguifiiment of In
dian claims, and that the monopoly of so
many millions of acres unknown in any
nation on earth, despot c or free ihall
acknowledged as the unbounded right
of a few individual who so iniquitoufly
obtained the aft and th»fe who hold
under them, But were you to a (Tent to
this degrading measure, it is beyond your
power to lodge the depofrt as required
—One fourth of it is with drawing un
der your laws and constitution, and the
pretended rights to that amount arc of
course lodged in its (lead. Ihe propor
tion therefore is calculated not only to
take from the amount of compeiifation
for the ceflion k but thofo rights, if they
can be called so, likewise, which the most
prejudiced judge on earth would acknow
ledge the Hate to be entitled to. I sub
mit these propcfitons to your confidera.
tion with this observation, that as an in
dividual citizen, I would rather the ter
ritory should remain unceded and unfet
tied for twenty years to come, than that
terms so humiliating to the (late, her
laws and constitution, ihould be acce
ded to —in the latter cafe the vile mono
poly, the bane of all republics will be
revived—on the other hand the lands
will remain open for the -future settle
ments of our children and their pofteri
It may however be remarked that the
executive had the power of fending an a
gent to the Creek Nation to co-operate
with Mr. Hawkins, the fuperintendant in
t procuring a ceflion of the Oakmulgee fork
i and Tallaflee country. The proportions da
' and I alio admit it, but in i*y best opinion,
and I con Inked many of your prelent jnein
! bers, such a step would hav* been an execu
tive fanflioning not only of the proportions
i but tfct law under wkicb tbey were fraoied,-
wljich I did not feel rpyJVf- warranted- in
doing, and which had it been done would
haVe been in dired violation of the law under
which our conirniffioners were appointed.
The expression sis this part of .the propor
tion is " and Mr, Hawkins will be intrud
ed tp with and promote in every
reasonable njanifcr the pbjeds ot Aich agent
as the of Georgia may appoint on her
part. We si nee rely hqpe that a cession of
the lands. Jyipg'. fetween the Oconee; and
Olkrnulgee and theTalaffcq country, will be
the fruit of the proppfed meafare. " The 2d
fedion of.the ad<?lititled, an ad to carry
the 2S r d'fediop of the firft article of the
conditiition'int'p operation}declares, " pro
vided alwiys neyerthelefs, that the faio U
nitid St»ti» &ili within three, years restore
to this ftMe'allthat trad of Country called
and ktifevftt By the nam# of the Talaffise
which was purchased of the Creek
Indians, by this state, at a treaty held with
the Greek Indiahs, at Galphinton, on the
12th November, 1785, and which was ceded
by the United States to the said Indians by
thetreaty of New-York, in contravention
of the said treaty of Galphinton, and this
feneral aflerably doth hereby unequivocally
eclare that the said tt-ad of country, is,and
of right doth belong to this (late, in virtue
of and as derived front the compad afore
faid. Was the giving pertniffioa for an
agent of Georgia to negociate for a ceflion
of Talaflee county, a reiteration of it—has
the state not negociated and purchased a
cession of it already.
Would not the appointment of an agent
to negociate for it-give up the right oar
law infills en as well a* the lien the (late
hat on it from the report of Meffr*. Hura
ph«yi, Lincoln, and Griffin, commiflioners
of the United Stltet sent to Georgia on
puryofe to invefligate the treaty, and who
declared Tallatfee county to be our fair
bought property and which has since been
confirmed by a report of a committee of the
House of Representatives of the United
States, that .they could net firtd on what
grounds it was taken from Georgia other
than motives «f general policy, ahd that it
ought to be restored of compensation made
fpr it. It then on those grounds was be
yond thepawer of the executive to fend an
agent, were the measure otherwise proper,
at lead a power which, if he had aded on,
wonld have been contrary to law. But
what it mod astonishing and which will no
doubt furpriee you, .is that although the
commiflioners fay «• Mr. Hawkins will be
inflruded to co-operate* kc." on my re
queuing th*t gentleman to inform me what
inftrudions he had received as to a treaty
or cession for those lands, his letter in aa
fwer to my.request marked No. 3, declares
M . I hare not lately 'received any advices
refpeding a cession, and until Bowles is
efFedually removed and the ferment he has
occasioned has subsided, it would be ill
judged to preft it. Whild we here ac
knowledge the candor of the agent, the
mind Is 'at a loss to conjedure what
the intentions - of the commiflioners were
or how to account for his contradidorjr and
myfterittns condud—furely not intended
for deception—could eledioneering views
have entered the breads of high officers of
the union to hold out • semblance of cession
to catch lhc vote of Georgia at the ap
proaching etedlon—however improbable
the thing is, it looks dark, it cannot be ac
counted fori
In your on this fubjefk
whilst I recommend firmnefs, I am convin
ced yau Will aft with vioderation ; akho'
the a A and proportions are certainly hostile
to state rights, I am not yet without hope
of an amicarble settlement, and an extension
of our frontier, it is to be deli red by this
state, apdthe United States, the
ceifien witt prove of immense value in the
redempti«n of the public debt, whtlft it
will harmonize between the two Covereign
ties, anddeftroy those animoGties which
certain individuals find it their interefl to
ferment* You have three firm republicans
for -you cemmiflioners opposed to monopoly,
the bane, of all republics; and zealous for
your intends, open the doors of ir.yeft'.ga
ti«n by a new aft extending their powers,
and-*f temmiffioness of the United Stares,
1 on due examination, if they be sincere and
; unprejudiwd, muftbe convinced of the ini
j pofiibility of our closing with thir present
' propositions, and of the necessity there is
forthe United States to accede tomore li
beral terms, to use the language of ohie
of our commiflioners, they cannot get along
in their Milfifippi government on any prin
ciple of jottice without as.—But lliould the
present commiflioners persist, it is more than
polfible tliatfroin a change of adm>nifltra
tion, a change of the commiflioners *iay
take place, and to be prepared for which
will be politic and neceflary, you can reserve
a ratification of the ceiGan for the legi(la
And herfc let me remind you of she great
and important dirty which you have to
provide for in the choice of eleftors of pre.
fident and vice-pr«fident of the United
States; in right anil justice this choice
ftiould Uy With the citizens at large; but
the change of the time of our general elec
tion,' and you'know ledge of the difficulty
of colle&ing the people so reeontly after a
general eledlion, to as to obtain a fair
ele&ian and gemaU voice, will probably
throw the important burthen on your fhoul-
J *
I have the latisfftion to inform you,
that the decrees of the supreme court of the
tfnited States in the cases which affe&ed
our confifcation aft, and in which I was
authorised to employ counfei, have firmly
established its validity and constitutionality,
whereby th« state is relieved from the ap
prehenfien of refunding art immense sum as
money to the, purchasers of confifcated pro
perty, and those who betrayed their coun
try are forever barred in their expe&ations
of a itcovery of the propefty which wat so
By this Day's Mail
NEW-YORK, December 19.
Ma. Lang,
I observed in your Friday lad,
a publication under the (ignature of Cband
Price, copied from the United States Ga
zette of the 9th injj. threatening to arred
Mr. William Athearn for something which
he had published in the Bodon Mercury, re
fj*fling the brig Pplly, T. Randal, com
mander, in which lie stated that the said
brjg was boqght at Porto Rico by a French*
man called Cartang, is French property, bu<;
coyered as American by Capt. T (>
Having foftie knowledge of tjus.hjsfinefs;
I thitik it a duty, which I owe to the pub
lic, to lay the result before fhem, in order
that they may not be deceived by an impro
per representation, and declare that I am
willing to atted before any proper Judge or
Tribunal,' that Mr. Cartang was, at Porto
Rico, considered as the sole ownei of the
brig Polly, and that from the time I got on
board the said brig, (he was under his sole
management and controul.
Lit the following facts speak ftr themselves.
At Porto Rieo where, though a prisoner,
I was not under dose confinement Capt.
Randal, Captain Williams, some other
Gentlemen and myfelf, happening to meet
at a Puneh-houfe, I strongly solicited Capt.
Randal for a paflage, for myfelf and another
man, who was along with me ; I told him
that the brig bad only three hands, and that
I was fatisfied the laws of the United States
would compel him to (hip their Citizens a»
ieansen till be had his full complement, or at
lead to take them as passengers when they
had no other means of getting to their own
Country ; and that the said brig Polly was
the only American in port; to which Capt.
Randal, gave me to underfktnd, that as the
brig was net under American colours, I
could not demand a passage from him, and
this expression was warmly resented by Capt.
Williams. I then told him that I was lorry
to fee him Covering any Colours except those
of his own nation.
The brig soon after failed, and when we
(truck foundings, at Capt. Roman to the
eastward of Charleston, I informed him that
hit Merchant would undoubtedly be difpea
fed with him for hilling so far to the west
ward. His awfwer waj, th&t th£ veflel was
solely his; and that he had no merchant.
He again spoke in the fame manner at
Stoning-town, when he got the brig on
Middle ground.
Few comments are necessary on the pre
ceding paragraphs. A difeerning public
will e«!sly perceive that there must have been
some very extraordinary reafona to induce
the Captain of a veflel bound from Porto
Rico to New-York or Philadelphia, and hav
ing a fair wind to fall in with Cape Roman.
Other inferences may like wife be drawn, to
(hew that Mr. Athcarn has very little rea*
son to fear any threats of an arrest, for any
thing he had advanced on this fubjeft.
I have one thing further to observe, that
though Capt. Randal put me in charge of
the starboard watch immediately after leav
ing the Moro Castle : thougt he then pro
mised me wages, and I faithfully discharged
the duty afligned to the firft officer of the
watch, during the whole palfrge, I am now
diQmiffed without receiving a single farthing.
Seamen, be on your guard ! It will sure
ly be your interest t« take care how you
risque your lives and spend your time in
such service, where you can neither expert
regard nor thanks.
I arij Sir, yours, See.
BERMUDA, Nov. 22.
[ It may be seen clearly that a certain fetof
American merchants are continually iflifting
their good allies, the French, etc. with all
kinds of warlike (lores, particularly gun
powder. One vetfel from Baltimore called
itVie Peggy, was jnft going into Curracoa,
laden with gunpowder, when {he was captur
ed by the Experiment, capt. Frith ; the kegs
were put into lmgfhcads, on the heads ot.
which were marked " irtdian meal." About
400 kegs were in thie schooner, and fte is
now tinder adjudication.
The American schooner Rising Sun, from
Cumana, for New-York, with cocoa and
hides, is taken by the ship Minerva, Thomas
Smith, commander.
The American {loop Union, from Tene
rifle for Curracoa, with wine, brandy, etc.
is taken by the &ip Minerva, Thos. Smith,
Arrived the privateer {hip Minerva, cap
tain Smith, from a Cruize.
Current Prices of Provisions p &c. in Ber,
Freft beef, ij to «6d. per lb.
Mutton, 14 to zod. do.
Veal, do. do.
Pork, to i6d. cl».
Fresh butter, 2s. td. to 3s. 4d. do.
American fait beef, 1 o to 12 dels, per barrel
Prime Pork, 15 to 18 do. do.
Superfine flour, 13 to i4do. do.
pine do. 12 to do; do.
Ship Dread, 5 to 6.d0. do.
Corn, 10 to 13s. per buftiel.
Hams, peas, beans, and potatoes—none at
Coffee, is. Bd. to 2s. per lb.
Muscovado sugar, 9 to 12 dols. per cwt.
Loaf do. 2s. 4.4. to 2s. 3d. lb.
Rum, from p.f6i. per gal by the puncheon.
Soap is. to is. 4d. per lb:
Mould Candles, is. 6d. to 2s per lb.
Yellow Pine Lumber and Scantling, 40 to
jo dollars per thcnifand.
White Pine ditto, 24 ditto per thousand.
Spars high, and few at market.
Price of Dry Goods very high.
Bermuda Currency 6s, Sd. per dollar.
Sales Poftponqd.
THE SALES of the property of Robert
Morris and John NichoU'an, advertised by
the Marshal, have.been poftponeij until Mon
day the lid instant, when they will positively
commence at the Merchant's Coffee House, in
the city of Philadelphia, at J o'clock in the
evening, precifelv. v
JOHN HALL, Marshal.
December t'j.
Was Loft~
ON the 17th inft. between 10 and IS o'clock
inthe forenoon, a losfe Letter, dir«9«d t«
Wnlum Bowlei, No 9, Little Water street, Phi
ladelphia, care of Thomas Robbies, erclofing
Meflrs. Beckley Jt Soo's Note on Messrs. Jtffe and
R'Aert Wain, in favour of Witliiiri Eovfles, for
160 Spani(h milled Dollars. Whoever has found
said Note, and..will return the' fifbfcriber,
N». 9, Little Water flreet, ihpU be fnitthly re
warded. As tbe payment is (lopped,,» be at
ao use to any person but the fubferiber.
dccemfrtr 19
House to Let.
IT is the third house weflward of the eafi blocß
of buildings lately ere&ed on Walnut street,
between Sixth and Seventh ftr«ets,No. 161, (late
ly occupied by Mr. G. W. Bryan )
Said house is just papered, and in eompleat or*
der—poffeflion may be had on the firft of January
next Please apply at N«. »t, feuth Seventh
ftrect, near Walnuc (lreet,.to
December 16 d4t
Of the Stale of Pennsylvania. 1
December i6th, ISOO.
THE Stockholders are hereby- notified that an
Ele&ion will be held at the Company's Of
fice, on Monday the 1 »th day of January next, at
11 o'clock in the forenoon, for Thirteen Dircflora
fer the enfuieg year.
JAMES S. COX, President.
* dtiajany.
Coffee and Cocoa
in. bags,
Also, about 35,000 weight
Black Pepper
in bags,
Of a Superior Quality.
All entitled to Drawback. :
For sale by . ,
No. 69, south Fourth ftrec
December 18. ■: * f '
To-morrow morning,
WrU <be Landed,
56 Hogsheads excellent
Moore Whartov.
December jrß
The Cargo
Of the Sloop SALLY,
AN' afTnr'ment of CORN WtBAL, PLOTTK,
and B9 HAD, together w ; rh the said SLOOP,
will be diipofeJ of at a lib raj credit, if immedi
ate application be made. Shu can fcil is 3 days.—-
Apply t»
No. 18, Dock Arret.
December 16. d^r.
200 Barrels Prime
For sale by
Pecember 16 , djW
Cod FiIET"
A few quintals left Cod Fish and
100 quarter calks Sherry Wine, just received.
On hand, Wine and Cyder Vitlegar In?
pipe# an 4 quarter calks, ... >v j
December t». eod^t
Forpublijhifigy by. Subscription,
Of tie Law of Aftions.and Trials at
By Ifaaa 'Efpinaffe, of Gray's Inn, Eft}. Barriftar
at Law. •'
The tKird edition, torrc&cd, with confiderabie
' addition* Ir6m printed and mantifcript cases.
Bt spes el ratio studiorum. >r.
THE work is now printing, and in eonfidera
ble forwardnefs oa a fuperfine paper, of
royal file, and odayo form. It will be piloted
page for page with the latcfl London edition, and
do pains will be spare > to render the work cor
rect, and free of typographical errors.
It will be neatly bound and lettered in twovo
lumetjroyal oiftavo, and to fubicribtrs will b» uut
at five dollar* and fifty cents per fu-—to nonfub
icribers the price will be somewhat
The price of the London edition i< seven dollar*:
Those who fublcribe for eight sets {hall
ninth gratis.
■ The two volumes will conGft of about nine
hundred, page*, as which the one-annexed to th«
proposals is a specimen: As the work .is now
publilbing, and wilt be completed with all conve
nient expedition, those who wißi t* profit by the
fubfeription, will pteafe to fuMcri'ie seasonably.
N.B. Gentlemen holding fuWcription.'papers
are requeued to return them to Ii homas and Tho
mas, the publilhtrs, by the firtl of January next.
Jp" The liookfellers in Philadelphia are
fully informed, that they will be fold either bound
or gathered in fhctts, by the fabicribers, at their
•fual low price. Those who with to purchase
will please to apply by letter to the publifhcrs.—
I The work will be out of prets lome time in the
Walpole (N. H.) Oft. 1800 (»8) c«f