Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, February 18, 1796, Image 3
\ J t 4 States ellabiiihea the effi;e, mal practice in the exe cution of the duty of it, will, therefore, majie a tafearjfyg under thc-iaiot of'the United States. It is the authority of lb United States that the du tics are annexed to the office : negligence in the performance, or mal practice in the execution ofc those duties, which in contemplation of law would be criminal, mu!t therefore, be an offence cogniz able under the authority of the United States. Again, by the " aft for the punifliment of cer tain crimes igainft the United States," provision is made for the punishment of murder, laiceny and a variety of other offences committed within any place or diftriet of country under the sole and ex clusive j.itifdiilion of the United States, but no punirti.ment is thereby prescribed.it) cases of arson, rape, and many others, which may be committed within such jurifdidtion. and whicn are violations of the peace of foeiety and the fafety of the citi zens. Are the perpetrators of such enormities within the sole and exeluti/e jurifdittion of the U nited States, to pass unpuniftied or rather are they to be considered as innocent and unoffending until the Congress shall have enadted that they shall be deemed crimiralt ? surely this is not that excellence of the law of which Sir William Blackllone speaks, that it seems to the public the " benefit of focietyby preventing or punishing every breach or violation of those laws which the sovereign powsr has thought proper to eftablilh for the government and tranquillity of the whole." 4 Bt. Com. 7. lvr, [veil f of The truth is theconllitution of the United States does not give or giant judicial powers; it onlydi refts in what eowts tliefe powers shall be veiled, and to what cases they (hall extend. "To all cases arising under the laws of the United States"—not such cases as may be fpccified in the laws of the United States—with tefpe&to crimes and mifdc meanors ; not to such only as (hall be cteated by the law; but to all such as may aiife under the law. How arise ? by implication or coni\ru&ion of law This is what I mean by a common law jufifdrflion. htS, the ai.d ' on •aa !dg- :ow- k - w I Finding the fads proved again ft the defendant up >n his trial, coimitute an offence of which a court having criminal jurifdicfcion will take cogniz ance : that it is an offence at common law arising o-i a law of the United States ; that'the judicial Court of the United States have competent au thority to take cognizance of it ; and observing that the " acl to edablifh the judicial courts of the United States them with exclusive cognizance of all ciimes and offences cognizable under the au thority or the United States* ; 1 conclud that this court hath nojurifdi&ion in the cafe. m a laliy our m is fCCS, c of :ieut injw aoj r a- M f HOUSE OF REPRESENTATIVES. Wedncfday, February^. Mr. New of the committee on enrolled bills, re ported the bill fin ther extending the time for re ceding on loan the domeflic debt of the United States as truly enrolled. The Speaker signed the fame—fomeprivate petitions were read and com mitted. The report of a committee which proposes re ferring to the committee of claims the report of a fele& committee on the petition of sundry Cana dian refugees made to the Congress of 1794, was taken up. I UTS' but Mr. Livingfton was opposed to this motion, he considered the fabjeft a» not coming propeily un der the cognizance of that committee. He obferv ttl'tkat the petition is founded on an exprefi con trafl made by the government under the confede ration, the justice of the claim he prtfumed was ncn ng : U ices ' * ir^ , not now lobe investigated—the only question he $1 conceived'was how the coptra<9t fliould be fulfilled, | he thought the proper mode was to direst the fe ffi left committee who brought i;i the report, or lome Sw other to devise a mode of executing the cngage ment on the part of theGovernm.nt. Mr. Sedgwick eonfidered the claim/as analogous / to those which had been uniformly referred to the , corafljitue of claimt, and he saw no good reason 0 for deviating from the system hitherto pursued. Mr. Livingftan observed, that there was a mani ® f-*(l difference between the caff of the petitioners a| 1 aac * °f peifons whose claims are unliquidated, jj! flie services were performed, and »re undisputed, and the only thing that remains is the performance J of the contrast on the part of the Government. i Mr. Williams was opposed to the referrence to I ( the committee of claims—he advocated the claim of ,gjiff the petitioners. Their merits and services were ac jSß knowledged, the faith of the government isenga ®f ged to reward them. He cited the example of P| New York in reference to other refugees frpm Ca sf>| nada. That (late had granted them farms and flock, and had rendered their,fituation ip a degree jt :emfortable. icy iti* ijf* tcb 'ia. be te* M, h« ■th on >» V'. I Mr. Giles moved that the report fliould be refer red to a committee of the whole : this was agreed to. A former report on the cafe of certain refu gees from Nova Scotia was referred to the fame committee, and made the order of the day for Mon day next. Mr. Tracy moved that the several returns made jby the Secretary of War to the last Congress, ref pefting invalids, be referred to the committee of claims—this was agreed to. Mr. Win Lyman moved for a re-consideration •*"* as the order ofihe House for postponing the cafe of Mr. Lyon to th? 29th March—this was agreed to without any opposition. The question then was to rtfeind the above or der ; this was also carried in the affirmative. , Mr. Smith, (M.) then moved that the House agree to the report of the committee of eU'f'ionp. This was fuperceded by a motion to recommit tke report, which motion was ageed to, 53 members rising in the affirmative. In committee of the whole on the Land-®fiicc bill- Mr. Gallatin's motion of amendment to the fe } cond fe&ion was further difcufied. 1 he second fe&ion provides, that the lands on the North Weft fide ofthe River Ohio, in which the pities of the Indian Tribes hare been extin ♦ Upon the whole, CONGRESS. g'.tiJhed,, and wl.ich are not already disposed 05. 'Tiould be furveyedand parall-! lines marked through the fame.at the cliflance ot lix miles from each o .t her, in such manner as (h ill be m i!t convenient for dividing the said lands into tewnihips of iii: miles fqtiare. Mr. Findley said he approved the/amendment — rhe fmiller the number of parallel lines, the bet ter. The natural boundaries muit be adhered to all along the Ohio, and may also with convenience in many other G:ualion«. Mr. Findley then noti ced the remarks of Mr. Nicholas, who had observ ed that he did not suppose the farmers or adtual settlers would be the purchasers in the fir ft instance. Mr. Findley considered the matter in a quite op posite light—the farmers were the only persons he conlidered as eligible purchasers, and he was for such a diftri'oiftion as would enable them to come forward as the purchasers, independent of others, and of all second hand purchasers. Mr. Gallatin withdrew his amendment in order to bring forward another, which appeared princi pally to engross the attention of members, let the objedt of difcuflinn bewhatit will. H« r:ferred to tlie principle of fe'ling the lanjs in small quanti ties. He accordingly moved an amendment which proposes dividing and sub-dividing one half of the township into trafls confining of acres. Mr. Rutherford, referring to the whole bill, said he had serious objedtions to it. He complimented the committee who reported it, by introducing a simile of a painter, who being directed to paint a swan, an ostrich, or a peacock, should, instead thereof, paint a lapwing, a jay, or any other bird ; he would, he said, thank the painter for his inge nuity, but would fay to him, Sir, this is not the bird I employed you to paint. The bill was un like the thing he had contemplated. He was then proceeding to consider its defers generally, when the chairman called him to order, by remarking, that an amendment to the second fe<Bion of the b 11 only was under confederation—on this he fat down. Mr. Eftyton objefled to a re-commitment in this (lagc of the bill. He thought it of the highelt importarfce that some principles should beeftablith ed in committee of the whole, previous te a re conamitmont ,He then adverted to the amendment proposed by the gentleman from Pennsylvania— lie thought it was in fomc degree fuperceded by fame of the provisions already contained in the se cond feflion. Mr. Gallat'n observed, that it was immaterial where the amendment was introduced, as the, bill would probably be recommit t*d ; when a new ar rangement of the fevsral parts will take pUce.— Me then entered into a consideration of the fubje<ft, as referring to purchaferi :—He divided these irito three clafTes ; fpeculateirs, or men of capital, who will never fettle on these lands; farmers of proper ty, and a more numerous class who have no money. With refpeft to the latl class, were it not for ccr- tain confit'erations he should be of opinion that it would be best to fell the whole land to these persons on credit ; but considering that these lands were one grand fourre of revenue, on which great de pendence was placed lor'fhe exiinguiflinient of the pubhe debt 1 frtjm particular regard to this class, he should wi!h that the government should avail it felf of this fund to pay 01T the debt : ncwt'iit ground, the accommoda-Vn «f th* other class, the farmers of property, fhoulJ be taken into view— He had no doubt, that by" a judicious use of the funds in pafTeflion of the government the debt might be funk in ten years. Mr. Galhtin.theii alluded to the farmers, or land holders ; and, in opp.ifitfor to some opinions which had becr» advanced, said, that on this class of citizens our principal depend ence should be placed, in refpedl to the sale and settlement of the vacant territory Mr. Nicholas said, he had not the smallest ob jtftion to the amendment, so far as it would con duce to the accommodation of the clsfles he had mentioned ; but thought that the objedl of revenue required, that the monied interest should also be atter-ded to, Mr. Rutherford rose again, and entered at large into the fubjeft He was again called to order— On this he said, he was against the amendment, and then proceeded to read his fubflitute for the bill, which he brought forward yellerday. He was again called to order. Mr. Tracy fiid he wished the gentleman might be permitted to proceed—he was as much ia order as he had been at any tinae fiace he rose. Mr. Rutherford laid again that he was against the amendment, and would give his reasons tar it. The reasons were, that he disliked opening-an office in the Weltern country. He said it would only accommodate the fpeeulators. Mr. Crabb said, he approved the amendment— it would serve to unite all parties—it would answer the valuable putpofe of accommodating the two clafT«.*s of citizens that had been mentioned—those who can purehafe and pay for the land, & those who have little ot nothing to pay, may also be accom modated The laying out the land in large and small lots will aceommodate all clafTrs, and will bring eventually the larked sum into the treafuty. Mr. Crabb referied to some provisions of the bill which he disapproved of as tenaing to embanafs th" purchasers of large trafls. Mr. Havens observed that he had proposed an amendment to the firft amendment under consider ation, the effedt of which would be to subdivide the whole of the lands to be fold into small tra&s or lots of about one mile square, and each of these fubdivilions to be fold separately, he felt himftlf llrongly opposed to the idea of felling the public landsin large tra&s which would be the operation of the bill as it hadbeen reported to the house, and the amendment which had been proposed to the bill went no further than to subdivide one half of the land to be fold and left the remaining half tp be disposed of on the whole sale principle or in tracts not less than three miles square as the bill had exprefied it. He could fee no reason why one half of the land should be fold in such large trails in effect to produce a monopoly in favor of those who hold large capitals or who are purchaserS upon speculation, and at the fame time the very fame de* fcriptionof persons would have an opportunity to engross or come into the market, and' out bid the oeif'-ns of moderate espi al in that ialf of the l.inJ that was to be fold in ftjiaJl rafts. He cbferved that gentlemen cer'tair.fy re ■ ioiied upon .wrong principles when they presumed that if the persons who were holders ot frna 11 cap itals and who generally wiflied ,to UHtcliife new landi for the purposes of cultivation were permit ted to come into the .market and ofter terms tor the purchasing small tiafts that they would be able to outbid and exclude all persons from purchaftng these final 1 trafls who are holders of laige capitals, and are purci»:fer9 of lands only for the purposes of fpecula'ion ; the fa£t was otherwile ; (hele persons having more money at command would be bettei able to give a high price for all the most valuable of the | small :ra<3s ; and in that waythey would Hand an e qualand even a betterchancetopuichafe all the fmal) than the very cultivators thtmfelves, and by these means, if his amendment did not prevail, the whole of the land might be engrofled by that class of citizens who generally purchase lands for the purpole of fpeeulati'on. Tie pretumed that he might speak with some canfidence on a fnbjeft of this kind, becanfe he was well acquainted with the ex perience of the (late which he represented on the fubjeft of the disposition of lands ; that ftalc had certainly experienced a benefit from felling lands in fntall trails, in preference to a disposition of lands by large tradU. He hoped his amendment would prevail. Mr. Nicholas remarked that the object which gentlemen appeared to have in view, that of cut» ting up the whole country into parcels, had a diredt tendency to exclude all capitalists from the market ; and by this difappoirit the public expectation of revenue fiom this f<>urt;c —He tho't there wasßo neCessity fur this. In order to accommo date the (mail purchafeis, particular trails might be so divided,, as not to interfere with th® vleiv of those who purchase to fell again. Mr. Dayton was oppofedtotheamcncir.cn;. He was in favor of dividing '.he land into different por t o u of t, 2, 3 and 6 miles square. The purpofesof government and the. accommodation of the various clafles of citizens who may be disposed to become purchasers require that t) e lands fhottM be divided into smaller and larger tra&s. Mr. Dearborn was against both the amendment and the amendment to the amendment—He was of opinion th t the plan of a general division into small tia£ls would tend to defeat one great objecl of the bill, revenue. He had his doubts of the policy of holding out extraordinary'inducements to persons to go, and fettle in that comitry ; but, to accommodate those who might be disposed to go and fettle there, with out destroying the princip 1 objett of the bill, he fttggefted as an expedient, that every fourth town might We partially divided into final! lots; fay orie fourth part; this would accommodate individual settlers, or companies who vvirtied to fettle toge ther ; and leave townftiips or'other large for those who may w fh to purchase a quantity. Mr. Duval, was in tavor of the amendment—he dated the impofijbility of finding a fuSicient num ber of purcliafers who would fettle the lands pro vided the whole wad laid out in tracts as large cs those mentioned in the bill. He was opposed to the idea of fircli exicnlive surveys in small lots as h-d been proposed ; theexperice would be enormous— His opinion was in favor of accommodating the different descriptions of putchafers. Mr Livitifffton was in favor of the amendment to the amendment ; he thought it would combine both obje&a, the accommodation of individual fat tier*, aniji the bringing of money into the public treasury. Mr. Venable was in favor of the amendment— His opinion was that the great mass of money which would be applied to the purchase of these lands was in the hands a great number of persons; persons fcattcred over the whole extent of the United States. The bill therefore ought to be adopted principally to accommodate this extensive class of citizens. Mr. Fi 'dlfv said he had fecondcd the motion of amendment, altho it it did not entirely meet his ideas—He thought the cutting up the whole or parts of townfliips into such small lots as were pro posed, would csunteraA the wishes of companies who migUt want to feitle together for the purposes of forming congregations and eflablilhing fchOole. He thought an amendment might be added to re move this objediion to the geneial regulation. Mr Havens, adverting again to the experience of New-York, said he fbould not think he did his duty, if he did not remark on what he considered the fallacy of the reasoning drawß from the large and fmnll divisions of the lands proposed by the amendment, he said so far from tending to prevent the monopoly so much dreaded, it will produce that effect ; his idea was that the only plan juftified by experience was to divide tie land into equal parts* Mr. Dayton said that the unequal division (tin tended for, will conduce t» the accommodation of all classes, whereas the contrary plan wouldexcluue the capitalists from the market. Mr. Crabb, said laying out the lands in equal portions commensurate to the abilities of one class of purchasers would preclude the other two clafPes ; the rich and tke poor—This will defeat the obje& of revenue ; and discourage the fettlcment of the country. Mr. Sherburne said if the lands are divided into small lots, all competition will be precluded, for the speculator will never purchase while-he can he u». derfold by the government ; and this will defeat the principal objedt of the bill, viz, bringing money into the public treasury ; fur if the puichafes arc confined to actual fcttlers, he conceived the l/nited States would derire very lit tic advantage in a pecu niary point of viewfiom thefales. He did not be lieve theie was by any means the number of families ready to go to that country which had been stated j he should be sorry if that was the cafe; much less did he wish that inducements fhotild be held out to entice the atlanlic settlers to quit their farms, to go to the we (fern county—He was clearly of opinion that if the government ever mean to derive any ad vantage from the western territory, they will fell the land to perfor.s who will pay for large trafls ; tfiofe who are called speculators; these purchaftrs will not contemplate sudden fettlernents by the citi zens ftotn the atlar.tic states ;■ but will turn their eyes to Europe, a""he? Jfttrig fet:hrz from l|ie' will be a valuable acJtlitioh t-» ifcc country. Mr. Claiborne was in favor of fe.U«d the land Mr. Vati Allen offered a 'u . iiture f-.-r tion and theamendments. The Committee rose an*t reported Mr. New iu£arn.?d oic »i«•>uic. i it* tee of envuSi'H'M had tin's d,.y la.d :,ei..re • lide.it or the United States fur his approhatii adt further extending the time ot receiving o;. f .. the domeltic debt of the United States. Adjourned. PO%T OF PHILADELPHIA. ARRIVED. Ee'.fey, Phtt St Kit's 16 days Sch'r Three Josephs, Madeira, -via St.Bartholom; -. 3 iiobert, Cotirell New-Yo'k Captain Piatt failed from Sr. KTitts the 15th uh. it which time the following American vefkis by the:.: : Brig H;-pe, Weft Philadelphia Fame, Medlin do. Neptune, Jacobs New-York Polly, Chailefton Catherine, Cadwis Newburyport Trinidad, ParloH, condemned not fit for sea Sal!)', New-York, do.' do. F.xper intent - Broadbnrv G!alj>ow, C ildwell New-Yortt Schooner Jay, Freeman New-England Whim, Townfcnd Salem Sleop Hampftead, New-England Sloop Hero, Brewrter, Dukefbury, fro n Boflon to Philadelphia after being 47 days on ihe cot!!, was blown ofT, and put in d.'flrefa, as did some of lhe above mentioned vefTels. The brig Lady Wafliington, capt. Trer nell.i, belonging to this port, from Guadaloupe, home ward bound, was captiircd by a Bt'imudian pi, vateer brig of 18 gunsoll the 20th January, and sent in thereon ihe 25th. RicLeitss New Amphitheatre, CHKS.VU r-SI'REE r. TO-MORROIV EVENING, Thursday, the 18th, and Saturday, the 10th, Will be exhibited, Surprising Feats of Horsemanship f Pleasing amusements on,the STAGE Mrs. Spinacuta will perform her pleafißg FEATS on HORSEBACK. Mr. Ricketts will a'To perform The Sailor's Frolic; or, Neiv Mel amorphofis. Tcgetfccr with RICKETTs's NEW PANTOMIME, called, The Triumph of Virtue; OR, HARLEQUIN JN PHILADELPHIA 4*4 The Doors in future to be opened at FIVE and the Entertainment to begin at SIX clock. \ r%* Boxes, one dollar—-Pit, half & dollar. Thofc Gentlemen who ll.tend t® take places for the Boxes, are desired to lend in time. There are a numbe. of Stoves placed in the Amphi theatre which render It perfcilly comfortable. NEW THEATRE. On FS.IDJT EVENING, February 19, Will be presented, /i COMIC OPE aJ, (written by the author of the l oor Soldier) called The Cattle of Andalusia. [The original Overture & Accompaniments, l'elefled and composed by Dr. Arnold, with additional Air* by Shield j Dob Scipio, Mr. Franc's, Don Fernando, Mr. Aiajhall, Don Csefar, Mr. Bar ley, Don Juan, Mr. Morris, Dun Alpbonfo, Mr. Da, ley, jun. Fedrillo, ' Mr. Units, Spado, - Mr. liigntll, Sanguine, Mr .Green, Plulippo, . • Mr. Warrell, jun. Banditti, JMeffrs. WarreU, Robbin., ( Morgan, Becte, Bl:flctt, &c. Viiloria, Mrs. IVarrell, I.orenxa, Mrs. Marjhall, Isabel, Mrs. Bates. Cataliua, , IWifs tVillims End of the Opera, Une Divertiflement Pastorale. Composed by Monfs Lege. By Mefirs. Lege, Warrell, jun. Doctor,J. Warrell,Dar ley, jun. Morgan, Mitchell and Francis. Miss Milbourne, Mils Willems, Mrs. Harvey, Mrs. Bates, Miss Rowi'en, Mrs. Do<ftor, l»*r8. Lege, & Mrs. De Marque. To conclude with a Grand GARLAND DANCE. To which will be added, A DRAMATIC TRIFLE* in one adi, never perform • ed here) called AS lT SHOULD BE. Lerd Megrim, Mr. Fidget, Winworth, / Sparkle, Lucy, Celia, *,* On Saturday, a Comedy,called TheENGLISH MERCHANT—with, for the Uft time thii feafoii, The Burletta of TOM THUMB. #3* Th« Public are refpeflfully informed tifirt there will be no performance oi) Monday. ! The President's Birth Day. MONDAY, the lid infant, being the Prejtdent*s Birth Day, the Officers of the Firjl Diuifion of the Militia tf Pennjylvanim arc requejled to meet at the State House, precisely at TWELVE o clock y from ivhenee they ivill proceed to the Preftden?s y to congratulate bin on the return of the Day; arid demonfirnte their fatisfaßion on hi: commencing another year of exertion for the Happinefi of their Country. Such Members of the Cincinnati, or C fi cers °f Army as tray be in toivn on that day, are re quejitd fojoin in the procession. W• Major• General. Philadelphia, February 18, 1796. Notes, Wanted. Messrs. morris & Nicholson's notes, for which valuable and well situated Lots in the City of Wajbingion, will be giyen. THOMAS NOBLE. Febrvarj i - $ listbira.i k ( AND ' Mr. Moreten, Mr. Francis, Mr.' Green, Mr. Harivoad, ./ Miss Wtllemt, Mrs. Francis. • 'N