Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, September 23, 1795, Image 3
party mollnt t^ e rostrum, and glut the guillo- , at rarely i—Tin; wonder is, that any sensible man /are expose hirafclf to such certain deftruftion. I irmly believe the people of France heartily with fir peace with England, in spite of the Conventi bravadoes and Philippics ; and are as heartily ilk of their revolutionary ph.enfy ! I should be loth to fee their fvltem introduced here, as for n>narchy among your wife and happy republics.-;— jince the death of Robespierre, they treat our [ritoners terv kindly, an.l of late have released and : ;it over molt of (Jur officers in-1 ladies—but our j.ime i ' ic\; wifely ry.tain in J.«ran,ce ti j Philadelphia, I Wednesday 1795 Exp'orts ot- Pennsylvania. The export? of the city of Pniladelphia for hves months, (April, Mty and June) 179J» weri doils. Nite. Tl>e ex parts of the whole year 1791, w;re only 3,864,969 dollars and 44 cents. Bv Paris received by the Four Friends, |Capt'. Glen»j we find, i.i th« .Utting of the French jNitional Convention, on the I2tn of jn'y, the following letter was read from General Hoc.ie, Comma ider-in-Chief of the republican armies on the coast near Brclt, to the committee of public Ifafety, dated " The committee may be persuaded, that if I it is not from negligence, but because busy. The m-iment is come in which ebjls will be annihilated. Three times have f publicans already nufde them seal the extent 10'ur valour. We are but two leagues from the \ and when the committee receives this mJK our country rmy have been avenged.'' Jl.xirarf of n letter from a refptSablc chi.raSer, da- ted Bermuda, Slngujl 3, via Norfolk " It may not be amiss to inform you, that the privareers from this island, are bringing in all vef felj from France indiscriminately, and all vessels from the continent Sound to France with provilions on board. The Hamilton, from Alexandria, for France, arrived a few days ago. There arc here now eighteen fail of American fh'ps and brigs, and .th.* conduit they are now observing to the captains and crews, is highly alarming and cruel. They leave no perlon an board the captured vessel, ex cept the captain. Tlje mates, fejmen, paflengers, &e. are kept on board the privateers, or (hips ot war, during the criiife, and made to do duty." At a meeting of the inhabitants of the county of Philadelphia, at George Eggert's tavern, in the township of the Northern Liberties, or. Saturday evening, the 19th September, 1795 — It was unaaimoufly agreed, That il is expedient and proper to lix upon a more general place for the county meeting, previous te the general election, than Germantown, the lalt place of meeting. It was likewise unanimously agreed, That public notice be given, and public notice is hereby given to the inhabitants of the county of Philadelphia, that a meeting .nil be hxrld on Saturday the third day of October next, at one o'clock, at the house b! John Snyder, at the sign of the Robin Hood, in Poplar-lane, near Thirdflreet, for the purpose of nominating suitable persons for the next general election, to'reprefenl the county of Philadelphia in the Senate and House of Representatives of the State. Port of Philadelphia. Schooner Dolphin, Peabody, Sloop Harmony, Callow, Capt. Callow left at Jacquemel, the fghooner Dela ware of Philadelphia, and a number of other Amen- can veflels. Bi'ig New York, Strong, Schooner Periphas, Dunn, Sioop Driver, M'L'horiou, Nancy, Gardner, Phoenix, Tennis, Polly, Williams, Industry, TYacy, Ditto, "Barnes, "By this Day's Mails. NEW YORK, September 12 DIIiD. —At Bcllevue, 011 Saturday lift, of a lhort but severe illness, Mr. WILLIAM D' NCAfo, Editor of the New York Directory for fomt - -ars past ; a na tive of North Britain. On Wednesday last, after a (hart b; afflding illness, which lie bore with christian fortitude, Mr. DANIEL STANSBUP.r, in the 35th year of L.. age. On Friday evening last, Mr. JOHN LEWIS FAN \ENDEN, merchant of this city. Committee of Health. The Committee appointed,to prevent ; he introdudlion tfpreading «f Infections Difcafcs in this city, REPORT, V- (r - hare died 1 o t " i Tlv,,, jiirtee»j>erfons - Jied ( of the present Epi demic in this Cityy and Three at Belle-Vue, since their report of last evenirij. By order of tnt Committee, i ,1 JOHN BROOME, Cli^irman. \ idaj Evening, Sept. 20, 1795. BOSTON, September 18. VKction in th EDIYERB.AN E AN. Ca|>t\jßENNET, froEp St. Über, in 53 days, 1 rocntiots, That a report*vas prevalent there, lo havejfoeeu received from t!ie Mediterranean, of an eug&jemW between French and Engliflt fleets iivthoic Seas, in which ?he English loft Six ftps of lb: L,'\. Both fleet® we know have been at sea; (nd wefyave no later information to pre vent ouiigiving \»nie credit lo this News. Sept. 15. Ai\ived here brig Mary, Bennet, in 53 daysiiom St. Vbes. Lefttpere, Union, Jones, Boston j Mary, S.w, do. Ferfeverance, Tittle, fjakm; Hercules, Mauncey,|Portfmoinh. Parted company .vith the ?V Hebtj, M'Ker, for Phila -1 <lelph:a, oW the lilarills—the (hip leaky. Ilrifspt. Iz.\ Lit. 42. !6n<j, 66, 38, spoke the iietlcy of Hcw-L"i)don\from K<tincbeck for Bar- " Landevan, July 4. ARRIVED Miamadiias, N.-B. CLEARED Charleston New Yoi k Cape Nichola Mole Cedar Point Richmond New York New London Stonington FROM TUB ARGUS. THE DEFENCE—No. XVII The eighth article provides merely,that die eom miffioners to be appointed in the three articles, (hall be paid in such manner *$ ikiii o* a greed between the parties, at the time of the ex change of the ratification of the treaty, and that all other expence attending the commiflions shall be jointly by'the tvro parties, the fame being privioufly ascertained and allowed by a majority of the commifli.iners and .hat in cafe of death, sickness or necelTary absence of a oommiffioncr, his place (hail be supplied in the fame manner as:he wasfirltap pointed ; the ue.V commiilioner to take the lame oath of affii ibation, and to perform the fame duties as his predeceflor. Could it have been imagined, that even this . Am ple and. equitable provision. was destined not to e icape uncenfured ? as if it was predetermined that not a single line of the treaty ihould pass without the imputation of guilt; nothing less than an in fraction of the conllitution of the United States litis been chargecl upon this article. It attempts, we are told, a difpolition of the public money unwar ranted by and contrary to the constitution. The examination of this wonderfully lagacious objection, with others of afi miiar complex iob mull be reserved for the fdparate difcumon which been proiriifed of the constitutionality of the'treaty. Let us proceed for the present to the ninth arti- This article agrees, that Britiflt fubje&s, who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Britannic majesty, lliall con tinue to hold them, according to the nature andten ure of their.refpe&ive eltatej and titles therein ; and may grant, fell or devise the fame to whom they please in like manner as if, they were natires : and that neither they nor their heirs or affijns, so far as may refpeft the said lands and the legal reme» dies incident thereto, fliall be regarded as aliens. The mifapprehfenfion of this articlc which was firft ulhered into public view, in a very inconeft Sr. insidious shape, and was conceived to amount to the grant of,an indefinite and permanent right to Britilh fubje&s to hold lands in the United States did more it is believed, to excite prejudices against. th'e treaty than any thing that is really contained in it. And yet when truly uuderltood it is found to be nothing more than a confirmation of those rights to lands, which prior to the treaty, the laws of the fcveral Hates allowed Brittti subjects to hold ; with this inconsiderable addition perhaps that the heirs and a Signs of t-fcofe persons, though aliens may hold the famt lands : but no right whatever is given to lands of which our laws did not permit and legal •ife the acquisition. These propositions will now be elucidated. The term, hold, in the legal «o'de of Great Bri tain and of these states, has the fame and that a pre cise technical fenfe—lt imports a capacity legally and rightfully to hare and enjoy real eftate.andis con tradistinguished from the mere capacity of taking or purchasing which is sometimes applicable to the acquisition of a thing, that is forfeited by the very a& of acquisition. Thus an alien may take real estate by purchase but he cannot hold it. Holding is fy nenimotu with tenure, which in the feudal system implies fealty of which an alien is incapable.— Land, therefore, is foifeited to the government, the instant it pafles to an'alien. The Roman law nullifies the oontraft entirely, so that nothing pass es by the grant of land to an alien ; but our law i derived from that of England, permits the land to pass for the purpose of forfeiture to the itate.— This is not the cafe with regard to descent, because the succession or transmission there, being an of law and the alien being difqualified to hold, the law conlillent with itfelf calls no estate upon him. The following legal authorities fele&ed from an infinite number of limilar ones, establish the a bove positions, viz. Coke on Littleton, page 2, —3 " Some men have capacity to purchase but not a bility to hold. Some capacity to purchase and a bility to hold or not to hold, at the eledtion of themselves and others. Some capacity to take & to hold. Some neither capacity to take nor to hold. And some are specially disabled to take some particular thing. If an alien christian or in fidel purchase homfes, lands, tenements, or heredita ments to him and his heirs, albeit he can have no heirs, yet he is of capacity to take a fee simple but not to hold." The fame, page 8. " If a man seized of land in fee, hath an alien he cannot be heii propter defeftum fubjedlionis."— Blackftone's Commentaries, Book 11. Chap, xviii. $2. " Alienation to an alien is a cause of forfeit ure to the erown of the lands so alienated, not only on account of his incapacity to hold them, but likewise 011 account of his presumption in attempt ing by an adt of his own to acquire real pioperty." Idem, Chap. xix. § 1. " the cafe of an alien born, is also peculiar, for he may purchase a thing but after purchase he can hold nothing, except a lease for a house for the convenience of merchan dize. Jeremie Thus it it evident, that by the laws of England which, it will not be denied agree in pi incipie with ours, an alien may take but cannot AoWlands. It is equally clear, the laws of both countries, a greeing in this particular, that the word hold, used in the article under consideration, mull be under stood according to those laws, and therefore can only apply to those cases in which there was a legal capacity to hold in other words, those in which our laws permitted the fubjeft, and citizens of the two parties to hold lands in the territories of each other. Some of these cases existed prior to the treaty of peace, and where confifcations had not taken place, there has never been a doubt that the property was effeClually prote&ed by that treay —Others have ari sen (ince that treaty under special statutes, of parti cular states ; whether there are any others depend ing on the principles of the common law, need not be enquiied into here, since the late treaty will nei ther strengthen nor impair the operation of those principles. Whatever lands, therefore, may have been purcha sed by any Britiftt fubjeft since the treaty of peace, which the laws of the state wherein they were pur chased did not permit him to acquire and hold,are entirely out of the protection of the article under eonfiderntien ; the purcHaftf will not avail him ; the forfeiture which wai incurred by a ts (t ill in full force. As to thole lands which tiic laws of a Itate sllo.vefl him io pnrchafc ujid hold, he owes his title to them, not to.the treaty. Let U3 recur to the words of the article, " Bvi tifh fnbjefU who now bald lands (hall continue to hold them according to the nature and tenure "j their re/pee* live ejlates and titles therein.,' But it has been seen that to hold lands is to own them in a legal and competent capacity, and that an alien has no fueh capacity. The lands, therefore, which by rcafon of the alienage of a BritiCh fnbjeft, he could not, prior to the treaty, legally purcfrnfe and hold—he cannot Under the treaty continue to hold. As ifit was designed to render the Conciufion palpable, the provision goes on to fay. " According to the na ture and tenure of their refpe&ive estates and titles thereij." This is equivalent to faying, they shall continue to Uoiil as (hey before held. If they had no Valid estate or title before, they will of coUrse continue to have none—the expreflions neither give any new, or enlarge any old eltate. The nicceeding clauies relate only to descents or alienations of the land originally legally holden.— Here the disability of alienage is taken away from the heirs and assigns of primitive proprietors. While this will conduce to private justice, by enabling the families and friends of tho individuals ta enjoy their property by defccnt or devise, which, it is prelu mable, was the main object of the provision, there is no consideration of national policy that weighs a gainst it. If we admit the whole force of the argu ment, which opposes the expediency of permiuiag aliens to hold lands (and concerning which! shall barely remark here that it is conn- yto the prattice of feveral/iif the States, and prailice to which lome hitherto derived material advan tages) the extent to which the piinciphis affe&ed by the prafent treaty is tbo m»ch limited to be iclt ; and in the rapid mutations of property, it will every day diminilh. Every alienation of a parcel of the privileged land to a citizen of the' United States, will as to that laud, by interrupting the chain, put an end to the future operation ofthe privilege; and the lapse of no great number of years may be expec ted to make an entire revolntion in the property, so as to divelt the whole of the privilege. To maiiifeft the unreasonableness of the loud and virulent clamour, which was railed against this article, it has been observed by the friends of the inftruraent, thai our treaty with France not only grants a much larger privilege to the citizens of France, but goes the full length of removing uni versally and pcrjwtually from them the disability of alienism, as to the of lands. This poiition has been flatly denied by some of the wri ters on the other 6de. Decius, in particular, after taking pains to shew that it i 6 erroneous —that the terms " goods moveable and immoveable," in the atticle of our treaty with France, mean only chat tels real and personal in the fenfc of our law, and exclude a right to the freehold and inheritance of lands, triumphantly plumes himfelfon the detec- tion of the fallacy of the writer of certain " Candid remarks on the Treaty." who gives the interpreta tion above dated to that article The error of Decius's interpretation, proceeds from i mirunderftandingof the term goods in the English translation of the Article, to which lie an nexes the meaning assigned to that.term in our law, instead of resorting, as he ought to have done, to the French laws for the true meaning of the corres pondent term buns, which is that used in the French original. Goods in our law, na doubt, mean chattel interests ; but goods or" biens" in the French law, means all kind* of property, real as well as per sonal. It ie equivalent to, and derived from the term bona in the Roman law, answering mott ■early to " ejlatcs" in our law, and embracing inheritances in land, corporeal aud incorporeal hereditaments, as well as property in moveable things. it is necessary to diftioguifh one species from another, it is done by an adjective— biens meubles et immeublea," answering to bona or ret mobilia,or immobilia, things moveable and im moveable, eltates real and personal. ( Remainder T»-morro<w.) Philadelphia, September 23. This morning about 4 o'clock, a fire broke out in a small wooden building near the, corner of Vine and Water-streets, which confumtd the fame. Letters by this day's mail from New-York con tinue to detail the unpleafing circumstances attend ant on the raging iicknefs in that City.—The change of the weather has not produced any favor able change in relation to the Disorder.—The alarm has at length become general, and the people are moving out ©f the City in great numbers. The Markets are very thinly attended—sixteen italls are said to be vacated in the Fly Market. The Butchers of Philadelphia acquired great crcdit in the time of the yellow fever in this city ; by continuing to attend the market thro' the whole time. Those of New York, will we doubt not, follow so good an example. Thousands mud re main at all events in the eity, and those thousands must b# fed. . New Hosiery. BARTHOLOMEW CONOLLT, /it bis HOSIERY STORE, Ato. 48 Cbefnut flreet, RESPECTFULLY informs his Friends and the Public in general, that he has just received by the fiiip Liberty from Liverpool, a further supply of Men's & Women's Silk and Cotton Hosiery. Among which are a very executive afTortment of Gentle men's plain white, fancy, and patent Silk, fuperfine fancy plated iilk and cotton, fine white, plain, and ribb'd cot ton—a very large assortment of fancy Patent and fine ran dom fancy cotton, &c. which he will fell upon the molt reasonable terms by the dozen or single pair. A General Afiortment of every other article of DRX GOODS, newly imported. Those gentlemen who pUafe to favorß. C. with their commands, will meet with} at his store, a molt elegant, extcnfive, and well chosen aflortmcHt of every description ,«f Hosiery Also, a great Variety of Gentlemen's Out-fizes. June A L so t i£& THE G.'.Zi.Ti'E VV TIl). L NITFD ST.-UJK.V Mk.. Fen no, A Little Plain Truth to the J ticubin: of America. * IF the secret hilloiy of this debt aontraftcd in France was published, It wn;!d Jiftover the oti gin of ihmy fortunes which Save aftuuiihed us. It 16 eertain, for intianee that M. ds Vcrgetines dispo sed of those loans al pleafuic, catffed military (lores and merchandizes to be furnifhed by persons at taelicdto him, and fnffered not their accounts to bedifputed. .It is a fa& that in his accounts witbi Cangn-fs, there was one million as livrts that he never' act J led for, "rtfjer all the demands that were made to him. It isiikcv.ife a fatt, that out of the forty fevt'u millions pretended to te faruifti edin the above ariiclrtfory France t» Congress, the employment of tft:*7tuy-one millions is without vouchers. Many fontines may b" made from twenty-one millions. M. Bcanmarchais, in a memuir published two yea;s ago, pretends ty be the creditor of Gongrcfs for millions. I have in my hards, a report mads to Congfcls by two refpecUble members, in which they prove, that he now owes Coiigrefv 742,413 livies and a million moir, if the wandering miliion above mentioned, haa fallen into his hands. These reporters make a striking pidnreof tiia mancuvrtf* pra&ifed to deceive the Americans. Will not the National Aflembly cause form: ac count r to be rendered of the sums fqtiandered in our part of the American War ? or rather the fnm» which, instead of going to succour those buve itrugglers for liberty, went to aiforn the brd-cham- V-'r of an afitcfa ? Adeline did moic m-fchief to the Americans, than a regiment of Heilians. Where ate the accounts of her favoiite Vevme raiijje ? Why has not Mr. Nectar di awn the impen-* etrable veil which fcrecns litem from the public? and he himfelf ha« he nothing to anfwcr for the choice he rrttide of corrupted, weak, and wicked a gents, and the facility with which he ru'.itkd their accounts i * Briftbtt de IVarville Travels. The GEORGIA CO MP ANT, BEING desirous to do joftice to thofc imerefted therein, and holding Certificate issued by the Granites thereo', inform the holders of such certificafci that a meeting of the Company will take lace on thtl a.sth of October cnfuin£, at when the company will proceed and endeavor amicably to adjuflthe claims of individuals havingfueh cer ficates, and who may then be ready to pay the refpe&ive funis due thereon. By -rJit of the Ctmpany, GEORGE WALKER, Secretary. Philadelphia, Sept. Ja, 179 J. *diw A Quantity of India Bandanocs, Jnft Arrived and for Sale by M O R D E C A I LEWIS, Who has a)fo to difiofe of, A few bales of Book and other East India Muslins Russia Sheetings do. Sail Cloth Ravens Duck Barcelona Handkerchiefs in boxes . A cafe of Diapers A bale of Bed-fide Carpets Roll Brimstone New Callle Grindflones i6hhds. James River Tobacco, ef excellent quality, &c. Sept. ij jawim For Boston, * r I he Schooner P 0 M O N A, YING near the Crooked Billet, above Chefnut :Irect, 1 4 and will fail in sor 6 days. For freight or paflaga ap(Hy to JLANE & GODFREY, or to the captain on board, GEORGE GARDNER. Who has for sale, C.indle«, Chc-ifc, Sainton in kega, See, {hoes by the barrdl, ibuthern oil, a few bhii. Purl-aft. Sept. 13 d6t Fraunces's Tavern. No. 59 South Water Street. THE Subscriber rcfpe&fulfy begs leave to inform his friends and the public in general, that he has remov ed from No. 166 foutk ad Street, to that large, comrno dious, House in Water Street, between Chefnttt and Walnut Streets, lately by Mr. Isaac Hazleiurji, and, on which he has fpere<i no pains or cxpenfe, to KVike it con venient and agreeable for the receptio.. of gentlemen. Tht House being situated on the fame spot where the noted Beef Steak and Punch house formerly itood, has the advantage of the best water in this city, known long Cnce by the &ant of the Green Tree Water. As there are several elegant Rooms, fuiHciently large to accommodate any Society oc eompany of gentlemen, and from his well known abilities topleafein the line of hisbufinefs, he flatters himfelf with a continuancc of that patronage which he has experienced since.he firft opened a Public House in this City, and, for which~he begs leave to make a public acknowledgment. For the accommodation of Small Parties, the Large Coffee Room ®n the ground floor is conveniently fitted up with a number of Boxes, conftru&ed in such a man ner as to admit Gentlemen to be as private as plcafe— Where may be had, at any hour, Soups, Beet-Steaks, Relifhe.s, &c. &c. He has on hand, and will keep a ocmftantf upply of Spi rituous and Malt Liquors, and cf the best qualities. Breakfafts provided—Also Dinners and Suppers cook ed in the most approved hianner, at a ftiort notice, andPaf try of all forts, made to order, in the House, or to fend out at a«y hour. He has several well furnifhed Bed Chambers, for Board ers and Lodgers, by the Week., month, »r year. June s. AT a Meeting of the StockholdejsMn the Infurancc Company of the fiate of Pennsylvania, on th® 25th May last, convened for tke purpose of fixing the time of payment of the remaining part of the Caj ital Stock of faiil Company, Refolded) that the remaining sum of two hundred dollars per lhare, he paid on the 6th day of Novem ber next, under the penalties annexed to default by the aci of Incorporation. Publilbed by order of the Mactir.g, SAMUEL YV. FISHER, See'y ?IN§* Jane 17 OHIO COMPANY. DEEDS to t):e proprict rs, in the agency of Winthrop Sargent, -are depotitrd with Tbornsrl M'Eues, No. ;8, Chei'nut street, Philadelphia, »ml ready to be delivered when called for. A fecund divi dend cf the Funds has been declared, which proprietor* raauy receiv* by a' draught tipen the trtafu-er of ttfe company. • ' N. B. Eight dollars are due upon each (hire, for ex? pences of the agency. , ~ SfjJtfcailjev loth, 1795 SAMUEL Jf&jfUNCJES. jaw4w