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{Concluded from our last.) Suffolk, Jf. Supreme Judicial Court , August Term , 1/99 DERBY vs. BLAKE. It furthermore appeared in evidence, that on the 12th of February aforcfaid, the said J. and Williamson and the eontrac ! C *' n ß l ,arties » aniong whom were Judd and i . Wells, (who names were now inserted in | v the contrast in the place of Derby’s) met !'* together for the pnrpofe of completing the I T business, hut for home reason, which did | v not particularly appear at trial, the bufi- J,'/ neL was postponed by consent of Jackion fl and Williamson, and by vote of the pur l'! chasers, from the said 12th to 13th of said 1 j month, each party agreeing, verbally, to ii. take no exception to the delay. On the 6) 13th, the parties reaflcmbled, the blank fpaccs of the deed were filled up; and a arifing as to the efficacy of a deed thus interpolated, it was agreed, that the fame, together with all the securities to be given for the land, ffiould be sealed up ami deposited with a third person, as es- I 1 crows to take effect on certain conditions, and that in the mean time said J. and Jiamfon fliould procure a new, or confirm ation deed, so called, which was accord 1, ■ ingly procured some months afterwards, and that together with the former or in terpolated deed was fubfcquently delivered to, and accepted by the purchasers; and at the fame time the securities were given to [? J. and Williamfon,as had been flipulated. It also appeared at the trial, that on the said 13th February, 1796, the Legislature of Georgia parted an aft declaring their former grant of the land in question, to the Georgia Miffiflippi Company, and oth ers, to be unconftitutiotial and void, sug gesting that said grant had been obtained by gross fraud and collusion. By this aft the lands aforefaid are declared to be Bill the property of that state, and the money that had been paid for the fame, viz. «;co,ooo dollars, ordered to be returned to the persons from whom it was received.— The Repealing Aft furthermore direfted all the records of the grant in queffion, to be publicly burnt, prohibited the registry of any deed of document relative to the premises, and declares all power and future r ? grants, contrasts, and agreements founded on the original grant of the former legisla ture, to be illegal, and ipso fafto, void. In conformity to the direftions in this aft, all S the records and documents of the original | ! > grant aforefaid, were burnt, and that from that time to the present, it has beenimpos siblc to procure the registry in Georgia, of any deed or document founded in the same. .It however appeared in evidence, that the sakl Judd and Wells have uniformity recog nized the purchase under the contrast of the 26th Jnnury, no other or different* contrast ever having existed on the sub- I , jest: that subsequent to the said 12th. Feb. they paid Jackl’on and Williamson, for the two (hares of Derby, and have fub feribed all the papers and* agreements, down to February, 1798, that have been execu ted among the purchasers, in order to or ganize and form themselves into a Compa ny of Allociatcs. On the foregoing fafts, a defence was flrenuoufly urged by Mr. G. Blake, on the following grounds, viz. Firii—That the contrast of Jackfonand Williamson, of the 26th January was in contemplation of law dillolved, and that therefore the contingence had happened, upon which, by Derby’s argument, the notes in question were to irfeome void, I t and delivered up to the defendant. Secondly—That The consideration for I which the notes were indorfed, had whol ly failed. Thirdly—That the plaintiff ought to have tried the validity of the notes, by a in it against Jtrdd and Wells, before he | could resort to the defendant for payment. With refpeft to the firft point, it was infilled for defendant, that the failure to ; deliver a good and fufticient deed on the ,i2ih February, whereby the purchasers were relealed from the neceftity of taking it afterwards, amounted to a ditfolution of the contrast of the 26th January, within the spirit and meaning of Derby’s agree ment. —But it was furthermore contended, p that although contraft might not have P been diflblved by any aft or omiflion of | \ the parties, still it was rendered void and nugatory by operation of law—The inter- I j pointed deed of the 18th February, being considered of no validity, fliould as was I | said, be wholly laid out of thecaufe, how- If ever the nature and effect of it might have been originally misapprehended by the par ij' ties; and therefore that the subsequent deed of confirmation, as it was called, mud § be considered tiie only foundation of the K I purchaser’s title—Here it was argued that this latter deed, being executed in Geor t gia, by citizens of that (late, long after the enaftion of the repealing aft before refer -1 red to was against law and Consequently lit ipso fafto void—Tuat admitting the ori- I ginal grant of the Georgia Miffiflippi Com- I pany, to have been good and fair, and If therefore that the Rate of Georgia could 1 by no aft of their Legislature revoke or destroy it, still they had the power of ren dering illegal and void, any contrasts or conveyances which their own citizens might afterwards be difpoied to make re lative to lands lying within their own jn rifdiftion. On this ground it, was argued. that Jackson and Williamson had not pro cured a legal conveyance, in conformity to their contrast, and therefore it was dif folvcd, and the notes consequently be come void. As to the second point, want of consi deration, the effeft and operation of the re pealing aft, were more particularly consi dered—Here it was flrenuoufly infilled for the defendant, that if on the foregoing principles, the deed, eventually procured by Jackson and Williamson, be considered a nulity, then every promise of contrast predicated thereon, however distant from the original negotiation, mufl be taken for a mere nudum paefum, and therefore not maintainable by law—But as to the parti cular bargain between the present plaintiff and defendant, it was furthermore con tended, that whatever might be the legal consequences of the repealing aft, either in refpeft to the original grant of Georgia, or the subsequent deed procured by Jack son and Williamson, still that the only ob jeft ever contemplated by the parties in this suit had been thereby totally defeated —Derby fold his chance of profit only, in consideration of u'hich the note in ques tion \Vas endorsed, now this chance of pro fit it was said, had been annihilated, long before the execution of Jackson and Wil liamson’s contrast, if that contrast, in faft, ever was executed at all—Here the coun sel for defendant attempted to illustrate the principal contended for, by putting among others the following example, viz.—The Legislature of Maflachufetts, pass an aft for the institution of a lottery, and appoint truflees to fell the tickets.—A. purchases a ticket, promises to pay the eftabliflied price, fay, five dollars.—B. purchases the fame ticket of A. and aflume to pay to the tru flees the price originally agreed to be given by A. for the fame, and also to pay A. five dollars for the bargain. It after wards appears, that at the time the bar gain between A. and.B. happened, and without their knowledge, the fame legisla ture had repealed the aft on which the lot tery was founded, declaring the fame to have been fraudulently attained—prevent the trustees from proceeding to draw the lottery, and order a return of the purchase money to the holders of ticket—By these means the chance of a prize, which was the only consideration for the five dollars agreed to be paid by B.having been defeat ed ; it was said aflumfit would not lie a gainst him for the recovery.—So on this ground it was urged that though the real title of the original grantees of the land in question, might not be effefted by the re pealing law , still that the sovereign power of a state within whose jurifdiftion the lands he had by a Jolemn uncontrolable aft, effeftually destroyed the chance of profits contemplated by the present parties, by foreclofing the purchasers from any possi ble use of their property. But on the other hand, Mr. Lowell, for the plaintiff, contended, and was support ed by the clear and decided opinion of the court —First—That the contrast of the 26th January, though not carried into com plete execution on the 12th February, as flipulated, still was not diflblved, accord ing to the spirit and intention of Derby’s agreement. That however the case might be considered with refpeft to third persons, it could not be competent for Judd and Wells, who were parties to the contrast and had virtually aflented to the delays and modifications attending its execution, afterwards to avail themselves of a non performance on the part of Jackson and Williamson of the original stipulations Whatever objections might have been within the power of Judd and Wells, on the 12th February, they had effeftually waved the privilege of recurring to them, by their acceptance of the last deed, and by various other afts, which clearly de monstrate their constant acquiescence in the bargain. It was also decidedly the opinion of the court, that the bargain with Jackson and Williamson, had not been le gally affefted by the repealing aft of Geor gia—that aft they considered a mere nul lity—as a flagrant, outrageous violation of the firft and fundamental principles of so cial compafts. The idea of a legislature reclaiming property they had once fold, and been paid for, was said by the Court to be not less preposterous, than for an in dividual to repeal his own note of hand, or to render void by his own aft and de termination, any contrast, however sacred or fiolemn. The vociferations of the Georgia legislature, who were the very granters of the property in question, a bout fraud and circumvention, could not be admitted in a Judiciary of Mafiachu letts, as evidence of the real •existence of fucti faftb—Whether the original grants of the Georgia Legislature were valid or not, was considered by the court a cause of judicial, and not of iegiflative cogniz ance. riie repealing aft of Georgia was moreover declared void, becanfe it was considered direftiy repugnant to article ift, fee. io, of the United States constitution, which provides that “no state shall pass any expofifafto laiv, or law impairing the obligation of contracts.” On this ground, the court exprefled a clear and decided opinion, that the right the state of Georgia, at the time of their grant, held to the terri tory in dispute, had been fairly and legal ly conveyed to the purchasers, under Jack son and Williamson—that the note in liti gation was therefore endorsed lor a good and valuable confutation, which had not failed. The jury were of the fame opin ion, and pronounced a verdidt against the defendant. CONSTANTINOPLE, June 20. The Ex-Pacha of Egypt, Seid Ali, who has received two wounds in the battle with Buonaparte, is arrived here from Aleppo. Having loft the best part of his effects at Cairo, the Grand Signior has not only made him valuable presents, but made him also a Pacha of three tails and with the ti tle of-Pacha General of Egypt. BRUNN, July 24. According to the last letters from Sem lin, there are about 1,637,000 bales of cot ton in the Imperial magazines, and in Belgrade. They are distressed for ware house-room, and expert that the prices, from this unusual quantity will materially decline. PARIS, June 22. A terrible fire reduced to allies, on the 19th of June, Saint-Claude, one of the molt populous towns in the Department of Jura ; not a single house was left Band ing. More than 3000 inhabitants are re duced to the extremest misery. Several booksellers of Paris have declar ed themselves Bankrupts. NEW-YORK, Oftober 27. It is rumored that Porcupine is about establishing his press in this city, in conse quence of the profpefl of Judge M‘Kean’s being elefted Governor of Pennfvlvania. Oitober 28. James Wefcott, editor of the Times, a jacobin paper printed in Alexandria, is prosecuted for publishing a libel against Mr. Dularfy. GEORGETOWN, (M.) Oftober 29. The Militia, at least of some parts of South-Carolina, are acquiring military (kill and rendering themselves of real value for the field of war. In the county of Ab beville, in the upper county of that state, reviews were held in September last. Two regiments (each of whom brought on pa rade about 600 men) and three troops of cavalrv, were reviewed. It is said, that the military ardor which pervaded every rank both of officers and men, their atten tion to orders, and the promptness and alacrity with which the several evolutions were performed, would do credit to regu lar troops. Must not this fpe&acle have formed aftriking contrast to that which is exhibited on such occasions in some other dates ? The late militia law of Maryland appears to have had considerable effe«ft in procur ing attendance at trainings; and in the city of Baltimore a high degree of milita ry difeipline has for some time distinguish ed their militia corps. But to other parts of the state may not this enquiry be ad dressed ? Where is that ambition, that (kill and difeipline which charafterife real (ol diers, and destitute of which an army is without power or utility? BALTIMORE, Oftober 30. Account of the loss of the follower Violet. The schooner Violet of Baltimore, John Convay matter, left Cape Henry on the 25th of Augnft, 1799, bound'to the Weft- Indies. On the 31st inst. at 2 o’clock, A. M. in lat. 27, 30, long. 62, 20, was overfet by a violent water (pout and in a few minutes filled with water, the crew amounting to twelve in number got on her fide which remained about three feet out of water. We continued in this situ ation till 6 o’clock P. M. the fame day— during which time we rigged our boat which was sixteen feet long and 4 feet wide; our main hatch burfted open by which means we got one barrel of flour andi4ba(kets of cordial containing each one gallon; finding it impoflible to get a ny thing more from the wreck, which dill continued to fettle—we embarked in our boat without quadrant or compass to direct our course. We went on allow ance of one gill of cordial per day, and as much flour as it would wet; the firft fix days we (haped our course to the S. W. keeping our oars going all the time, tgl our men were quite exhausted, on the 7th Sep tember took the trade winds and fleered to W. S. W. on the 12th inftant,xlied James Montgomery, his last words were water; we went on one half of our former allow ance ; on the 13th inst. died John Brown and John Campbell, whole expiring • words were for water and exhibited a hor rid fpcaacle to the (Wvivin* W hourly expeded to lliare rh P r, * This day our cordial gave over our exhausted spirits with it n inft.at 6A. ft. to our £ '<«■ and fatistadion, discovered aft,; 6 ■> J| ing calm we repaired to our i **«§ ture was too far exhausted but f &ilt « ly we were discovered from the W they immediately sent their boar r"‘ P atll ß fiftance and towed us along fid e . • ° UriL ■! ed his majesty (hip Carnatic of ’J Pr ° T ‘BI Commodore Loring. Being then; 24, 00, long. 73, 20 , and by a “ ? lj, B computation failed nearly 700 miles ?' I the humane and hospitable treatme r B experienced from capt. Lorin* „J* { 1 and ships crew which they f 0 la’vi(hi *2l bestowed on us, my heart is grateful' j ■ fliail always retain the lasting s ense f e I of their goodness and humanity; they’** only supplied us with every thingour * "? ■ state required, but generously s ub f c -T* ■ 500 dollars to supply our distressed fea, r 1 I with clothes, and to pay their pa( r acr . ■ home, as none of them was able to dodii I JOHN CONWAY. ' I HERA L 5! ~~ I AU G U WEDNESD ay, November JOj I?9g< I The Legijlature at their present Seffien, havt I appointed the following State Officers : ■ James Jackson, Esquire, re-elefted I Governor. ■ John- Berrien, Esquire, re-elefted 1 Treasurer. I Horatio Marbury, Esquire, Seen. I tary of State, in the room of John Milton, I Elquire, resigned, and I Daniel Sturges, Esquire, re-elefted I Surveyor-general. 1 CONJECTURE on the fubjed of the departure of the American Envoys for France, appears to have given way to cer tainty, and we have confidence in afluring our readers that on the 19th Odober, Mr. Ellsworth left Trenton for Newport, and Mr. Davie on the 22d, and immedi ately on their arrival, it was expeded the United States Frigate would fail with them for Havre. It was at firft contemplated to fail diredly for the Hague, and then ar range the mode of proceeding with Mr. Murray, but the invafi©© ©/Hot'and by the British has occasioned an alteration. THE President of the United States we understand, contemplates re monstrating to the British government on the fubjed of the many injuries and in sults offered to the American ships and seamen—a dispassionate examination we trust will terminate to mutual fatisfadion —we would be unwilling to believe that the continuation of villainous condud to wards our nautical citizens, had the sanc tion of a government which profeffed for us a friendfhip—but at the fame time we would gladly fee our country progress to wards a situation of ability to punish those ads of atrocity for which redress is often fought in vain. TO place confidence in national prs feffions is childish weakness—National friendfhip is an ignis fatuus —a show with out substance—it has no lolidity—in fad it exits not —a nation to be refpeded must be in a situation to do itfelf justice. We again repeat what we have before asserted, that regardless of foreign powers, and un influenced by foreign attachments or pre judices, our objed fliould be to establish and peimenently maintain a national, an American character. THE interior situation of France ap pears not to change for the better—and it would almciftbe incredible to fay it chang ed for the worse—the change is however from bad to bad—the government have loft confidence in the people, and the peo ple in the government; the day we hope of regeneration will arrive when a deluded people will return to the paths of reason, to the lweets of rational religion —and the security of virtuous government. IN August last, an infurredion broke out at Chartres, a town 45 miles s. w. of Paris, and tis said the constituted autho rities were all massacred, the diredory sent a force, to reduce the revolters to order. THE Legislature of this state are now in feifion, the appointments made by