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of fuch of their eftates, rights, and properties, as may have been confifcated; and that Congrefs fhall alfo earneftly recommend to the feveral States, a reconfideration and revifion of all acts or laws regarding the premiffes, fo as to render the faid laws or acts perfectly confiftent, not only with juftice and equity, but with that fpirit of conciliation, which, on the return of the bleffings of peace, fhould univerfally prevail; and that Congrefs fhall alfo earneftly recommend to the feveral States, that the estates, rights, and properties, of fuch laft mentioned perfons, fhall be restored to them, they refunding to any perfons who may be now in poffeffion, the bona fide price (where any has been given) which fuch perfons may have paid on purchasing any of the faid lands, rights, or properties, fince the confifcation.

And it is agreed, That all perfons who bave any intereft in confifcated lands, either by debts, marriage-settlements, or otherwife, fhall meet with no lawful impediment in the prosecution of their juft rights.

Art. VI. That there fhall be no future confifcations made, nor any prosecution

commenced against any perfon or perfons, for or by reason of the part which he or they may have taken in the present war; and that no perfon fhall, on that account, Juffer any future lofs or damage, either in his perfon, liberty, or property; and that those who may be in confinement on fuch charges at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the profecutions fo commenced be difcontinued. Art. VII. There shall be a firm and perpetual peace between his Britannic Majefty and the faid States, and between the fubjects of the one and the citizens of the other; wherefore all hoftilities, both by fea and land, fhall then immediately ceafe; all prifoners on both fides fhall be fet at liberty, and his Britannic Majefty fhall, with all convenient fpeed, and without caufing any deftruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrifons, and fleets, from the faid United States, and from every port, place, and harbour within the fame, leaving in all fortifications the American artillery that may be therein; and fhall alfo order and cause all archives, records, deeds, and papers, belonging to any of the faid States, or their citizens, which in the course of the war may have

fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong.

Art. VIII. The navigation of the Miffilippi, from its fource to the ocean, fhall for ever remain free and open to the fubjects of Great Britain, and the citi zens of the United States.

Art. IX. In cafe it should fo happen, that any place or territory belonging to Great Britain, or to the United States, thould be conquered by the arms of either from the other, before the arrival of these articles in America, it is agreed, that the fame fhall be reftored without difficulty, and without requiring any compenfation.

(L. S.)

Done at Paris, the 30th day of November, in the year 1782. RICHARD OSWALD. JOHN ADAMS, B. FRANKLIN, JOHN JAY,

(L. S.

(L.S.)

L. S. (L.S.)

HENRY LAURENS. Witnefs, Caleb Whitefoord, British Sec.

W. T. Franklin, American Sec.

On the Culture of SIBERIAN BARLEY. A Small quantity of Siberian Barley

being fome years fince prefented to the Society for the encouragement of Arts, Manufactures, and Commerce, it was diftributed among fuch of the members as were defirous of making experiments respecting its culture, produce, and utility.

In confequence of thefe laudable intentions, the original quantity foon became greatly increased; and the refult of fuch inquiries as have from time to time been communicated to the fociety, uniformly tend to prove, that confiderable advantages might be derived to the public from a more general cultivation of this promifing grain.

Gen. Elliot, Mr Hallidy, of Annfield, near Liverpool; Mr Widdens, of the laft mentioned place; Mr Reynolds of Adifham; Mr John Ramey; Mr Hay, of Eggie, near Aberdeen; Mr Webster, of Dean, in Northamptonshire; Arthur Young, Efq; Mr Jones, of Halftone; Mr Anderdon; and a gentleman in Shropshire, who figns himself a Shepherd; are the principal perfons who have made thefe communications and from their united accounts it appears, that it is of fo hardy a nature as to thrive on almoft any land, however poor or clayey; that the increafe from the root is fo

much

much more confiderable than that of Norfolk, Duck's bill, and other barley, that near a bushel an acre may be faved in the article of feed; that it may be fowed a full month later, and will nevertheless ripen fooner; that its produce both in ftraw and corn, is greater, in an almost incredible proportion; that it has the peculiar property of not thaking with the wind, and can therefore receive no injury from tempeftuous weather; that, as the fkin or bark of this grain peels off in threshing, the flour in dreffing yields only three or four pounds of bran to the bufhel, whereas the common barley has eight or nine at least; that the little bran there is, is fuperior even to wheaten; that the first fort of flour, forty pounds of which, with twenty of an inferior fort, and the bran, have been produced from a single bufhel, makes an excellent Sweet bread, fufficiently fair and light, yet fo retentive of moisture, as to gain double the increafe of wheaten flour equally fine, kneaded and baked at the fame time, and to continue as fresh when twelve days old, as the wheaten at four days; that the flour in general mixed with that of wheat, in equal quantities, makes excellent family-bread; and that, when converted into malt, it poffeffes an uncommon degree of strength and fpirit, and is of courfe well calculated for brewing and diftillation.

After moft heartily recommending the culture of this very promifing grain to fuch as have inclination and opportunity to promote the practice of agriculturean inquiries, undoubtedly of the first importance to a nation, we fhall conclude with extracting verbatim the letter from Gen. Elliot, on this fubject; not only because his obfervations have been made with much judgement and precision, but because this circumftance furnishes a trait in the character of that illuftrious chief, at prefent not generally known.

Experiment on Siberian Barley; communicated by Gen. ELLIOT, to the Society for the encouragemeut of Arts, Manufactures, and Commerce.

RECEIVED five quarts of Siberian barley with an ear of two rows.-This I call Number 1.

Received two quarts of the fort with an ear of four rows.-This I call Number 2.

The land upon which both forts were fown is a fandy loam, very poor, dry in

fummer, but in winter much foaked with mineral fprings, which in many parts break out on the furface: by this defcription of the foil, it will be cafily fuppofed, that common barley can hardly fucceed upon it.-This field, the preceding fummer, had borne a crop of winter vetches mowed for foiling; after which, the land was ploughed with an intention to fow wheat on ridges under furrow from the flat: but the autumn rains came fo fuddenly, and continued fo long, that the wheat feason was loft; and the land left the whole winter in a deplorable condition. Laft fpring, the field was fown, upon one ploughing, with oats and clover, referving the headlands for Siberian barley; which were manured with yard dung, at the rate of 800 bushels, or twenty loads, to the acre. NUMBER I.

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April 29. Drilled by hand, at teninch intervals, two quarts of seed, on 2000 square feet.-May 10. Blade appeared. June 7. Came into ear. June 24. Crop was hand-hoed.-Aug. 28. Reaped. Produce, Three pecks: weight in proportion as Number I.Some of the above Number I. has been ground, and bread made of it, which was very light and good; but had a particular acid tafte, refembling (as one of my friends observed) that of malt. I think this may poffibly be owing to a fmall proportion of common barley in the original feed, and overlooked in the grist. British Mag.

By

Account of a MONSTROUS BIRTH. John Torlefe, Efq; Chief of Anjingo. [From the Philofophical Transactions, vol. 72. for the year 1781. part 1.] This was a child of a Nair woman.

It had but one body, at the extremity whereof were two heads, one lar ger than the other. It had four hands and arms perfect, three legs, &c. One head would fleep whilst the other was awake; or one would cry and the other not. It lived three days.

Five Letters published in the Edinburgh newspapers in the months of September and October 1782, upon the subject of Fictitious Votes.

[As thefe Letters are upon a subject of general concern, and a bill is intended to be brought into parliament to remedy the evil complained of, we truft they will not be unacceptable to our readers.]

Obfcurata diu populo bonus eruit, atque
Preferet in lucem fpeciofa vocabula rerum ;
as prifcis memorata Catonibus atque Cethegis,
Nu futus informis premit et deferta vetuftas.
Horat. Epift.

LETTER I.

To the REAL FREEHOLDERS of SCOT

LAND.

My dear Friends and Brethren, BY advertisements in the newspapers, I obferve fome of you are giving attention to a very important object, namely, the fuppreffing thefe nominal votes, which, of late years, have been fo greatly multiplied, and have determined many elections.

It was our ancient conftitution, that gentlemen of real property, refident in their respective shires, fhould be elected, and have a title to elect, members of parliament. In the days of our forefathers, it did not enter into any perfon's mind, that any freeholder should have more than one vote, either in elections or in parliament; far lefs that any peer fhould have a vote in the elections for fhires. Thefe propofitions I am ready to prove, from divers acts of our Scots parliaments. But of late it has crept into fashion, that men, without a rood of land of their own, have got themselves dubbed freeholders by the names of lands belonging to fome great lord or rich commoner, whofe dependents they are, and who thus vote by their voices as effectually as if he were to vote by his own fo many times over. Many of thefe efquires are mean men, and of dependent condition, fuch as our forefathers would not have admitted to ftand in their prefence co-, vered, far lefs to fit down in their company, or in any affembly with them, as their compeers. What have we to expect from members of parliament chofen by fach electors? Can they have a free voice? No body understands they have. And as these voters in the county are called "My Lord," or " Mr fuch an one's voters," fo the members in the Houfe to chofen, are as commonly and VOL. XLV.

as truly called, "My Lord," or "Mr fuch an one's members." I fay again, What have we to expect from members of parliament so chofen ?

Hitherto, fo far as I recollect, none of thefe mean perfons have been put upon us for members of parliament. That would be too bold a ftep as yet. But every thing comes on by degrees: Step by step we are led off our feet. Being once admitted to vote, there is nothing in law that hinders thefe forry electors from being chofen members: there is nothing hinders them, but some remaining fenfe of the former condition and rank of a freeholder. This fenfe, however, will foon be extinguifhed; and, after we are thoroughly accustomed to eat and drink with thefe nominal ef

quires, thefe barons of threds and patch es, old as I am, I fear I may live to fee pampered ferving men, who have got in to eafy circumftances by flattering and cheating their mafters, chosen to be our reprefentatives in parliament; - our re prefentatives! the reprefentatives of freeborn gentlemen! of Scots gentlemen! Have you patience for that idea? Yet undoubtedly to that pafs it will come at laft.

My dear Friends and Fellow Freeholders, you are the defcendents of the and cient Scottish barons, who attended their Kings to the field, and advised them in council; or you are men of liberal education, who, by your laudable industry, have acquired land-eftates, and are the founders of families which you hope may, become ancient. Suffer me to rouse you from that lethargy which has become fo univerfal. Permit not our excellent and virtuous King to have the pure gold of his great council debafed by fuch mean alloy, when, by uniting, as one man, in proper refolutions, you have it in your power to cure this diftemper in the conftitution.

Above all things, let me warn you to take the management of this bufinefs into your own hands, and not to devolve it upon this or the other great man, who, you will be told, has a great deal to fay with thofe commonly called the folks above. Thefe are the very people you should have nothing to do with; for it is their intereft to oppofe you, and they will oppofe you, whatever fair speeches they may try to put you off with. Be not afraid of them: Unite firmly among yourselves: Shew your ftrength and your refolution;

B

and

and thefe people will feel your importance, will be afraid of you, will court you.

I hope also you are above being misled by mean selfish views. Be affured those men, whom you alone make great, though they may now and then throw you, or fome of your family, a crumb, yet they will keep all the fubitantial difhes to themfelves: Even their menials and dependents will be served before you, Inquire, therefore, and confider the merits of this question, and ask lawyers whom you can truft, what is the law concerning it. At prefent I only mean to roufe your attention to this matter, as being of the laft importance to yourselves and to your country.

I conclude this epiftle, which fhall not be the laft, if you like my correfpond ence, with putting you in mind what the good people of Ireland did, when they were likely to be ruined with nominal money, as we are just now with nominal voters. A mean fellow, one William Wood, a hardware-man, by mifreprefentation, got a patent for filling their country with base copper-coin, But that wife people entered into general refolutions not to receive his money; and by means of these resolutions, firmly adhered to, they got the better of this hardwareman and his patent, and all the great men that fupported him.

. In like manner, here are certain manufacturers of ware, of a more mischievous nature ftill. By a certain hocus pocus of conveyances and reconveyances, they make freeholders, whose whole eftate confifts in the liferent of a fuperiori. ty, yielding a trifling yearly rent, fixpence, perhaps, or lefs; and fometimes they make them by wadfets of fuch fuperiorities, just as cuftomers are pleafed to order them; and there are as many papers, parchments, and ceremonies, in the conftitution of fuch a fhadow of a freeho'd, as if it were a real and fubftantial land-eftate. Thefe are produced to a Michaelmas meeting, read over by clerks, and examined by lawyers and other men of bufinefs, with the greatest gravity, and with ftrict attention to the writing, registration, and other points of form, without the fmalleft attention to the fubftance; and, if they are declared to be all right in point of execution, no wrong orthography in the names of the lands, por any fractional error in the calculation of the valued rent, the fpell is complete,

Mr Freeholder is made, and is entered upon your rolls, and may vote for, or be elected, a member of parliament in spite of your teeth.

Now, Gentlemen, notwithstanding fuch an efquire be thus coined and stamped, and has received his charter-currency, like one of Wood's copper halfpence, if you will follow my advice, I think I can fet you upon a method to check the progrefs, and spoil the market, of this de. teftable manufacture, until you shall ob tain an act of parliament for having it altogether fuppreffed, our conftitution reftored, and our election-laws put upon a more liberal and independent footing.

I ftop for the prefent, till you ponder a little what I have faid, and till the fcoffers have their laugh. But if I can perfuade you, Gentlemen, to be grave, and fe rious, and firm, it will be no jeft in the end. - I have the honour to be, my dear Friends and Brethren, your devoted friend, An OLD FREEHOLDER.

I

LETTER II.

Gentlemen,

Muft delay fulfilling the promise with which I concluded my laft. I find I am charged with addreffing myself to your paflions, rather than to your underftandings; and it is faid I spoke without book, when I told you it was our ancient constitution,

Firft, That Freeholders should have a fubftantial property in their freeholds.

2dly, That they thould not have a number of votes in proportion to their property. And,

3dly, That qualifications could not be made upon the eftates of noblemen.

If they who thus accufe me will please to allow our ftatute-book to be a book, I fhall foon convince you that I am above attempting to mislead you; and that their arguments are as visionary as their qualifications.

The parliament, the King's great council, was originally composed of three Eftates, the Prelates, the Noblemen, and the Freeholders. Some are of opinion, that the Burgeffes made a separate Estate, or at least that they were affumed into the great council, to advise in matters relative to themselves. But independent of the Burgeffes, who are now claffed with the Commons, and serve to take in the moneyed property, by act 52d of the 3d parliament of James I, in 1425, "the

three

three Estates above mentioned were appointed to give prefence in the King's parliament and general council in proper perfon, and not by a procurator." This perfonal attendance having been found burdenfome to freeholders of small fortune, representation was first introduced by act 101. of the 7th parliament of the fame King: "And the Freeholders were appointed of ilk fheriffdom to fend, chofen at the head court of the theriff dom, twa or mare wife men, to be called Commiffaries of the Shires; and that by thefe Commiffaries there fall be chofen ane wife man and expert, called the Common Speaker of the Parliament; the whilks Commiffaries and Speaker fall have coftage of them that awe compearance in Parliament, in proportion to their rents." But the other two Eftates, the Prelates and Noblemen, were to be fummoned to parliament by the King's special precept. This act feems not to have been immediately carried into execution; for in the fucceeding reign of James II. by the 71ft act of his 14th parliament, in 1457, it is appointed, "That na freeholder, under the fum of twenty pounds, be conftrained to come to the parliament or general council, unless he be a Baron, or be fpecially of the King's command. ment warned."-And by another act, the 78th of the 6th parliament of James IV. in 1503, it is ftatute, "That na Baron, freeholder, nor vaffal, whilk are within a hundred merks of the new extent, fhall be compelled to come perfonally to the parliament, unless our Sovereign Lord write fpecially for them."

By the 33d act of the 11th parliament of James the VI. in 1587, it was "ftatuted and ordained, That there fall be na confufion of perfons of the three Eflates: That is to fay, na perfon fall take upon him the function, office, or place, of all the three Eftates, or of twa of them; but fall only occupy the place of that felf eftate wherein he commonly profeffes himself to live, and whereof he takes his ftile."

By act 114. of the fame parliament, the representation-act of James I. in 1427 was revived, and made more complete, by appointing "the King's freeholders to chufe twa wife men of their number, refident indwellers in the fhire, of gude rent and well esteemed, as commillioners of the fhire; and that all freeholders of the King, under the degree of Pilates and Lords of Parliament, be

warned by proclamation to be prefent at chufing of the faid commiffioners, and nane to have vote in their election, but fik as has a forty-fhilling land in free te nantry, and has their actual dwelling and refidence within the same shire; and that all freeholders be taxed for the expences of the commiffioners."

Again: After the fuppreffion of Popery and Prelacy, the vaffals of Prelates coming to hold of the Crown, it was thought reasonable they fhould be admitted to the privilege of freeholders; and therefore, by the 35th act of the 1ft parliament of Charles II. in 1661, "it was ftatuted, That befides all heritors who hold a forty-fhilling land of the King in capite, that alfo all heritors, liferenters, and wadfetters, holding of the King, and others who held their lands formerly of the Bishops and Abbots, and now hold of the King, and whofe yearly rent doth amount to ten chalders of victual, or one thousand pound, (all feu-duties being deducted), fhall be, and are capable to vote in the election of commiffioners of parliaments, and to be elected commiffioners of parliaments; excepting always from this act all Noblemen and their vaffals." Then the act goes on to modify five pounds Scots of daily allowance to every commiffioner, burdening therewith the whole freeholders, heritors, and liferenters, according to the proportion of their lands and rents, excepting Noblemen and their vassals.

Afterwards cometh act 21. of the 4th parliament of Charles II. in 1681, " ordaining, That none shall have vote in the election of commiffioners for fhires or ftewartries, but those who, at the time, fhall be publicly infeft in property or fuperiority, and in poffeffion of forty-fhilling land of old extent, holding of the King or Prince, diftinct from the feuduties in feu lands; or, where the faid old extent appears not, fhall be infeft in lands liable in public burden for his Ma jefty's fupplies, for four hundred pounds of valued rent, whether kirk-lands now holden of the King, or other lands holding feu, ward, or blench of his Majesty, as King or Prince of Scotland."

Then the act goes on to regulate the qualifications of apprifers, proper wadfetters, apparent heirs, liferenters, hufbands for their wives, or for the courte fy; and the manner of making up the rolls, and of proceeding at elections.

These are our ancient laws; and, in

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