unanimously given in charge to the jury, by four judges, that upon accounts which only carried interest in confequence of the ufage among traders in time of peace, the circumftances of the war were fufficient to destroy the ufage; and that upon bonds and obligations bearing intereft, from the nature of the contract, the intereft fhould ceafe from the invafion of the British, and be revived at the date of figning the preliminary articles of peace. This opinion of the court, must have a decifive effect upon many actions now depending. Among the infinite number of focieties eftablished on this continent, we find one in Baltimore, for the encouragement of Emigrants. The design is truly politick and benevolent, as by this means the industrious stranger will be fupported and inftructed in the best method of employing his talents, and the community will derive an immediate benefit, from the skill and labour of her new. members; who might otherwife, from a difappointment in their hopes, or an ignorances of the habits and refources of the country,' become a ufelcís, and perhaps dangerous acquifition. NEW YORK, July 10. Copy of a letter from a gentleman at the Falls of the Obio, to bis friend in Neweng land. "Louifville, Falls of the Ohio, Dec. 4, 1786. DEAR SIR, "Politicks, which a few months ago, were fcarcely thought of, are now founded aloud in this part of the world, and difcuffed by almost every perfon. The late commercial treaty with Spain, in hutting up (as it is faid) the navigation of the river Miffifippi, for the term of twenty five years, has given this western country, an univerfal shock, and ftruck its inhabitants with amazement. Our foundation is affected-it is therefore neceffary, that every individual exert himself to apply a remedy. To fell us, and make us vafials to the mercilefs Spaniards, is a grievance not to be borne. The parliamentary act, which occafioned our revolt from Great Britain, was not fo barefaced and intolerable. To give us liberty of transporting our effects down the river, to New Orleans, and then be fubject to the Spanish laws and impofitions, is an infult upon our understanding. We know, by woful experience, that it is in their power, when once there, to take our pro duce at any price they pleafe.-Large quantities of four, meat, &c. have been taken there, the fummer paft, and mostly confifcated. Thofe who had permits from the governour, were obliged to fell at a price he was pleafed to ftate, or fubject themselves to loofe the whole. Men of large property, are already ruined by their policy. What benefit can you, on the Atlantick fhores, receive from this act? The Spaniards, from the amazing refources of this river, can fupply all their own markets, as alfo foreign markets, at a much lower price than you poffibly can.-Though this country has been fettling but about fix years, and that in the midst of an inveterate enemy, and most of the first adventurers fallen a prey to the merci lefs favages; and although the emigration to this country, is fo very rapid, that the in-i ternal market is very great, yet, the quanti ties of produce they now have, on hand, are here, at twelve shillings per cwt, beef in prot immenie. Flour and pork are now felling, portion, and any quantity of Indian Corn, the quantity of tobacco and corn, can te may be had, at gd. per bushel. Three times railed on an acre, here, that can be within the fettlements on the east fide of the mountains, and with lefs cultivation-it is there fore rational to fuppofe, that, in a very few years, the vast bodies of water in thofe rivers,, will labour under the immense weight of the produce of this rich and fertile country, and the Spanish fhips be unable to carry it to market. Do you think to prevent the cmi-e gration from a barren country, loaded with taxes, and impoverished with debt, to the oft luxurient and fertile foil in the world Vain is the thought, and prefumptuous the fuppofition! You may as well endeavour to prevent the fishes from gathering on a bank" in the fea, which affords them plenty of nourishment! Shall the best and largest part of the United States, be uncultivated, a neft of favages, and beafts of prey? Certainly not: Providence has defigned it for fome nobler purposes. This is convincing to every one, who beholds the many advantages, and pleafricher, to appearance, than can be paffibly, ing profpects of this country-here is a foil made by art! Large plains and meadows, without the labour of hands, fufficient to fupport millions of cattle, fummer and winter! Cane, which is alfo good nourishment for ftock, without bounds! The fpontaneous production of this country, furpaffes your imagination-consequently I fee nothing to time, as they are in the kingdom of Mexi prevent our herds being as numerous here, in co. Our lands north of the Ohio, for the,, produce of wheat, &c. I think will vie with the inland of Sicily. Shall all this country now be cultivated, entirely for the ufe of the Spaniards? Shall we be their bondmen, as the children of Ifrael were to the Egyptians? Shall one part of the United States be flaves, while the other is free? Human nature fhudders at the thought, and defpifes thofe who would be fo mean, as to even, contemplate on fo vile a fubject. Our fituation is as bad as poffibly can be; therefore every exertion to retrieve our circumstances, must be manly, eligible and juft. We can raife twenty thousand troops this fide of the Allegany and Apalachian mountains, and the annual increafe of them, by emigrations from other parts, is from two to four thoufand. "We have taken all the goods belonging to the Spanish merchants, at Port St. Vincent, and the Illinois, and are determined that they shall not trade up the river, provided they will not let us trade down it. "Preparations are now making here (if neceffary) to drive the Spaniards from the fettlements, at the mouth of the Miffifippi. "In cafe we are not countenanced and fuccoured by the United States (if we need it) our allegiance will be thrown off, and fome other power applied to. Great Britain ftands ready, with open arms to receive and fupport us. They have already offered to their resources for our fupplies-when open once we reunite with them," farewella long farewell to all your boasted greatnefs." The province of Canada, and the inhabitants of thefe waters, of theanfelves, in time, will be able to conquer you.-You are as ignorant of this country, as Great Britain was of America." HARTFORD, July 16. Saturday laft, paffed through this City on their way to Philadelphia, to join the Federal Convention, the honourable JoHN LANG. DON, Efq; and Col. GARDNER; Delegates from the state of New Hampshire. LANSINGHBOROUGH, July 9. On the 29th ult. Solomon Maker, one of Shays's officers, in attempting to land from a raft as it was paffing Stillwater, was drowned. A few days after his body was taken up afloat near Albany.In one of his pockets were found three half joes and fome coppers. It is faid he was a defcendant from creditable parents near Boston. BOSTON, July 17. The following is an extract of a letter from Colonel Lyman, commanding the troops lately levied, and ftationed in Hampshire and Berkshire, to his Excellency the Governour. "Northampton, Sib July, 1787. "SIR, "In my laft letter of the 30th of June, which I had the honour to write from Great Barrington, I informed your Excellency of my having reinlifted nearly two hundred men, from the regiments which had been engaged for the four months; which number is fince augmented to perhaps two hundred and fifty. I alfo thus took the liberty to fuggeft, that fo many as five hundred would, under prefent circumstances, be raised not only with confiderable difficulty, but might perhaps, be unneceffary; fince which, I am more confirmed in the above opinion, not only from the profpect of general internal tranquillity in this, but from the vigilance adopted by the neighbouring states, who feem fuitably alarmed at the late outrages from perfons harboured with them." Extract of a Letter from Stockbridge (Berk fhire County) July 7, 1787. "There is little or no apprehenfion of danger from any publick oppofition, that the rebels are now able to make against government. I do not conceive, that as a body, we have any thing to fear from them. Some abandoned and defperate individuals, may, here and there, perpetrate thefts and rubberies; but I do not conceive that if they are difpofed to profecute any rebellious plans, they will be able to collect in fuch force, but that a greater may not readily be collected to oppose them. I believe they will not, in future, be able to find protection in New York; as I have no doubt but the authority of that ftate will give every neceffary aid, to the apprehding of any perfons, who, by fleeing there, may feek to fcreen themselves from the juftice of this. "May I be permitted to fuggeft, whether, at prefent, a vigilant exertion of civil author ity, may not probably be attended with more permanent and falutary effects, than a military force. Does not the latter tend to keep up the idea of the ftrength and importance of the rebels? Muft it not occafion a confiderable expence to government, and bring an additional burthen on the citizens? And may not this tend to weaken the attachment of the lefs difcerning, to a government which they teel fo expensive? WORCESTER. On Wednesday last week, the Field Officers of the militia in this county met, in this town, for the purpofe of chooning two Brigadier Generals; Col. Timothy Newell was by the Officers of the First Brigade, unanimoufly elected Brigadier General for that divifion; and Col. William Greenleaf was elected Brigadier General by the Officers of the Second Brigade. Col. Newell being prefent when his election was declared, arofe, and politely addreffed the Officers; which Addrefs, at their request, is here published, and is as follows, viz. "Gentlemen, Field Officers of the firft Brigade of Militia, in the county of Worcester, "I FEEL myfelf under the ftrongest obligations, and heartily thank you, for the respect you have fhewn, and the honour you have conferred on me, in electing me to the important office of a Brigadier General. Happy, Gentlemen, happy would it be for both you and my felf, was I equal to the office was I capable of performing the duties of the office, with propriety; but, Gentlemen, I am fenfible of my own inability-I fee, and I feel myfelf deficient, in every neceffary qualification, for the important truft. -I conceive, Gentlemen, that the Militia, at this day, on account of the late disturbances, are in a broken, divided fituationconfequently great care, pains, attention, and expence of time, &c. must be abfolutely ne cellary, in order to put them upon a reípectlong years in the militia line, I should be able footing and as I have ferved twelve happy at this day to retign (could I with propriety, and duty to my country) all military command, and live a retired life-but, Gentlemen, as it is your united voice, that I ftill continue with you in the line, I conceive it to be my duty, to forego eafe and intereft, and obey my country's call-I do therefore, relying on your candour and benevolent difpolitions, accept the appointment-heartily withing, that by our united exertions, we may foon be able to have the Militia of this Brigade, properly organized and established, upon a more formidable and respectable footing, than what they at prefent are; in the accomplishment of which, you may reft affured, Gentlemen, that I shall not be wanting on my part, in exertions, to the utmost of my abilities. In a hip lately arrived at New York from Scotland, came paffengers, Meffrs. Baine and Son, Type Founders, from Edinburgh, with a view of carrying on their business in New York. No lefs than 30 deferters from the federal troops are advertifed in the latt Springfield vipaper. IN For the WORCESTER MAGAZINE, N your Magazine for the fecond week in June, 1787, we find the names of a num ber of gentlemen belonging to the town of New Braintree, who have entered their PROTEST against the greatest part of (what they call the substance or purport of the Inftructions of the town of New Braintree to its Representative.) As thofe gentlemen were favoured with a true copy, verbatim, with the original of those instructions, from the book of records of the said town of New Braintree, had they published the whole of faid inftructions, according to their copy received, and affigned their reafons for their protest against the fame, then every reader would have been able to judge for themselves upon the premises; and we muft prefume it would have been much more confonant with: that golden rule-do to others as you would wish to be done by. But for thofe gentle men (being much the minority) to felect only a fmall part of each article in the inftructions, and in feveral articles adding words and fentences which are not in the original, which materially alters the fenfe and meaning, and in the eighth article adding what is an abfolute falfehood, and fetting themselves up as judges in their own cafe, and then palming it upon the publick as the fubftance and purport of the inftructions of the town of New Braintres to its Reprefentative; we appeal to the impartial and benevolent to judge, whether fuch conduct is not unfair and wicked, and a scandalous abuse of the town and their committee. And further, it is fact that two of the protestors, viz. Meffrs. Daniel Matthews and PERCIVAL HALL, JONATHAN NYE, For the WORCESTER Mr. EDITOR, Jos OSEPH METCALF, Efq; of Orange, who was fome time fince taken prifoner and carried off by Luke Day, William Smith, and others of Shays's party, but from whom he afterwards made his efcape, foon after his return home commenced an action of damage against Smith, who is one of the nine perfons excluded by the General Court from a pardon. Mr. Metcalf's commencing an action against Smith, it feems has greatly offended him, and on the rath of this month Mr. Metcalf received a letter from Smith, which it is fuppofed Smith wrote at his own house, which is in the town of Orange, and not far from Mr. Metcalf's, as it is known that Smith privately vifits his family, and was feen in Orange the night previous to the date of his letter, of which the following is a true and exact copy, and which you are requested to publish in your Magazine. It ought to be obferved, that Mr. Metcalf never has troubled himself with Smith's family, or entered his houfe; it is true a party of the horfe once paid it a vifit in order to find Smith, and it is fuppofed from thence that he afferts his houfe has been feveral times broken open. "Mr Metcalf Take Care and Dont Deftrefs my wife and Children Aney more I find that my houfe has Ben Brok open sevriltimes MAGAZINE. Committee. in the Dead of the Night and part of it you "PS this Braking open houfes and searching BALTIMORE, July 2 A Doctor Tucker, Dean of Gloucester, in a feries of political letters, addrefed:to Mr. Neckar, enters into an inquiry respecting thei benefits which might accrue to America from its independence, and feems to entertain: a contemptible opinion of them, expreffing himself much to our disadvantage in the fub Lequent terms:: "As to the future grandeur of America, fays he, and its being a rifing empire, under 224 enabled to finish the fabrick, and bring forth the head ftone with triumphant foutings. The Patriotick Society," lately establish ed in Richmond, Virginia, have folemnly. pledged themselves to each other, in their cau pacities merely as private citizens, by their examples to inculcate, and by their influence to extend, the principles and practices con tained in the following refolutions, whicht they have severally confirmed by their figna-i tures. "Refolved, That we will be at all times ready, by every encouragement in our power, to promote any well founded scheme of trade? and manufacture, to which the circumftances of this ftate are adapted, and the profits of which, fhall arife and centre with her own citizens. "Refolved, That the prefent Circumftances of this State are adapted to the Manufacture of the coasfer Woollens, Cottons, Linens, Cordage, Leather and Iron; and the Production of falted Pork and Beef, of Butter, Cheefe, Soap, Tallow and Candles. one head, whether republican, or monarchi.." Refolved, That the only method in the cal, it is one of the idleft, and moft vifiona. power of the people; honeftly and effectually ry notions, that ever was conceived, even by to relieve themselves from the oppreffion of writers of romance. For there is nothing in publick and privates debt, is, by spirited ex-l the genius of the people, the fituation of ertions of industry to increase the productheir country, or the nature of their different tions of the country, to avoid diffipation, and climates, which tends to countenance fuch a by a strict frugality, to leffen their expences. fuppofition. On the contrary, every prog noftick that can be formed fioma contemplation of their mutual antipathies, and clan ing interests, their difference of governments, habitudes and manners-plainly indicates, that the Americans will have no centre of union among them, and no common intereft to pursue, when the power and government of England are finally removed. Moreover, when the interfections and divifions of their country by great bays of the sea, and by vaft rivers, lakes, and ridges of mountains; and above all, when thofe immenfe inland regions, beyond the back fettlements, which are ftill unexplored, are taken into the account, they form the highest probability that the Americans never can be united into one compact empire, under any fpecies of government whatever. Their fate feems to be a difunited people, until the end of time. In fhort, the only probable fuppofition, that can be formed of them at prefent is this that being fo very jealous in their tempers, fo fufpicious, and distrustful of each other, they will be divided, and fubdivided into little commonwealths, or principalities, according to the abovementioned natural divifions, or boundaries of their country; and that all of them in general, will be more intent on profecuting their own internal difputes and quarrels, than defirous to engage in external wars, and diftant conquefts. They will have neither leifure, nor inclination, nor abilities for fuch undertakings." It is much to be wished that our prefent Grand Convention at Philadelphia, may prove this ecclefiaftical politician a falfe prophet. It is true, they have a great work and many difficulties before them. To form a gencrous plan of power for thirteen states, certainly requires the most confummate wisdom; and from the unanimity and spirit which have heretofore pervaded the continent, we may have reafon to expect that we shall keep the chain of friendship bright, and unite as citizens of one refpectable and mighty empire. The fame hands that laid the foundations of the Temple of Liberty, are again employed in this arduous task; may they be "Rejolved, That the prefentcircumstances of this country, are also adapted to the brewing of malt liquor, and to the diftilling of fpirits from grain and other fubjects, in fuch quantities as, with proper attention and encouragement, would be fufficient for general confumption. "Refolved therefore, That we will ufe the utmost of our exertions, to promote agriculture in general, and more particularly thofe parts of it, which tend most to the encour agement of our own manufactures, and to the diminution of foreign importations." NORWICH, July 5. The orthodox fentiments of the day, upon political fubjects, efpecially for Connecticut, feem to be the following, viz.-That government at all events, fhall be fupported with dignity-the confederation must be strengthened-democracy should be feafoned at least, with ariftocracy, if not with monarchy-temperance, frugality and induftry, are effential ly neceffary to our political falvation.-Pride in her gaudy drefs, will be preferred to fimplicity of manners-no legislature has a right to interfere in contracts of a private nature-paper money ever was, is, and ever will be, the hobby horfe of knavery-every one must take care of himfelf-neceffity requires that political opinions, should be fquared to private views---commerce must take the lead, agriculture next follow, and manufactures fhould bring up the rear--all attempt to be politicians-genuine liberty terminates in licentioufnefs--lawyers must be Efquires, legiflators. In fhort, the reigning politicks of the times, ever was, is and all be right. VOL. III.] THE [NUMB. XVIII. WORCESTER MAGAZINE. For the Last Week in July, 1787. For the GOVERNMENT of the TERRITORY of the UNITED STATES, North Weft of the River OHIO. BE E it Ordained by the United States in Congrefs affembled, That the faid territory, for the purposes of temporary government, be one district, fubject, however, to be divided into two diftricts, as future circumstances may, in the opinion of Congrefs, make it expedient. Be it ordained by the authority aforefaid, That the eftates both of refident and non-refident proprietors in the faid territory, dying inteftate, fhall defcend to, and be diftributed among their children, and the defcendants of a deceased child or grandchild, to take the share of their deceased parent in equal parts among them: And where there fhall be no children or defcendants, then in equal parts to the next of kin, in equal degree : and among collaterals, the children of a deceased brother or fifter of the intef tate, fhall have in equal parts among them their deceased parents' fhare; and there shall in no cafe be a distinction be tween kindred of the whole and half blood; faving in all cafes to the widow of the inteftate, her third part of the real eftate for life, and one third part of the perfonal estate; and this law relative to defcents and dower, fhall remain in full force until altered by the legislature of the diftri&t.--And until the governour and judges fhall adopt laws as herein after mentioned, eftates in the faid territory may be devised or bequeathed by wills in writing, figned and sealed by him or her, in whom the eftate may be (being of full age) and attefted by three witneffes; and real estates may be conveyed by leafe and releafe, of bargain and fale, figned, fealed, and delivered by the perfon being of full age, in whom the estate may be, and attefted by two witneffes, provided fuch wills be duly proved, and fuch conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magiftrates, courts, and regifters fhall be appointed for that purpofe; and perfonal property may be transferred by delivery, faving, however, to the French and Canadian inhabitants, and other fettlers of the Kaskaskias, Saint Vincents', and the neighbouring villages, who have heretofore profeffed themfelves citizens of Virginia, their laws and customs now in force among them, relative to the defcent and conveyance of property. Be it ordained by the authority aforefaid, That there fhall be appointed from time to time, by Congrefs, a governour, whofe commiffion fhall continue in force for the term of three years, unless fooner revoked by Congrefs, he fhall refide in the district, and have a freehold estate therein, in one thoufand acres of land, while in the exercife of his office. There fhall be appointed from time to time, by Congrefs, a fecretary, whole commiffion fhall continue in force for four years, unless fooner revoked, he fhall refide in the diftrict, and have a freehold eftate therein, in five hundred acres of land, while in the exercife of his office; it fhall be his duty to keep and preferve the acts and laws paffed by the legiflature, and the publick records of the district, and the proceedings of the governour in his executive department; and tranfmit authentick copies of fuch acts and proceedings, every fix months, to the fecretary of Congress : There fhall alfo be appointed a court to confift of three judges, any two of whom to form a court, who fhall have a common law jurifdi&tion, and refide in the district, and have each therein, a freehold eftate in five hundred acres of land, while in the exercise of their office; and their commiffions fhall continue in force during good behaviour. |