Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, February 18, 1796, Image 3

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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 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.
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
' on
k -
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
c of
r a-
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
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.
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
: U
, 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.
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
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
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,
g'.tiJhed,, and wl.ich are not already disposed 05.
'Tiould be furveyedand parall-! lines marked through
the 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
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
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
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;. 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
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
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
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 :, • or the United States fur his approhatii
adt further extending the time ot receiving o;. f ..
the domeltic debt of the United States.
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,
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
Mr. Ricketts will a'To perform
The Sailor's Frolic; or, Neiv Mel amorphofis.
Tcgetfccr with
The Triumph of Virtue;
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.
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
Lerd Megrim,
Mr. Fidget,
Winworth, /
*,* 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.
Febrvarj i - $
listbira.i k
' Mr. Moreten,
Mr. Francis,
Mr.' Green,
Mr. Harivoad,
./ Miss Wtllemt,
Mrs. Francis. •