Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, September 23, 1795, Image 3

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    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