National gazette. — Philadelphia [Pa.], 1793-09-04 00:00:00, page 1

Numb. 89 of Vol. li.]
FXTRACT from Governor Miffi.in's
Speech to b-th Honjes of the LJJJlatw e
ef this State ■
" '•pHE state of the Union,and of Pen 1 ' yl
-L vania, as an important member oi t.ie
Union,renders the present fslii •» peculiarly
fortunate. The exunfive commercial in
tercourse that fiibfiits between the United
States, and some of the belligerent power.,
of Europe ; the foiemn obligations o; trea
ty, by which we are pledged to others : —
thefentinients of a cordial friendllnp, which
cement our alliance with one party ; ar.d
the jultice which, as a nation at peace, we
owe to all the parties;—arc considerations
of filch variety and importance, as.can
not, I think, be contemplated by any pa
triotic citizen, without foiicitude and ap
ureheniion. But, however great the diffi
culty may be, under these circum.lances,
of preferring » neutral character, in a
manner univeiT.illy fatislactory, it is cer
tainly the duty of those, with whom the
adm'miftration of the public is en
trusted, to attempt the arduous talk :and,
1 am confident, that, recollecting the ca
lamities, which we have formerly expe
rienced,' an I refteftnig, wi'h becoming
gratitude, upon the present profperotit
conditio .of our country, you will appro* e
and (aiiftion every just and coullitntional
exertion, that is calculated to maintain the
dignity of our government, and to avou;
a participation in the war.
Upon this meritorious principle, anil in
order to put the citizens of America on
their ?uard, at this critical period, the
Pre fide nt ifljed a Proclamation, declaring
that the duty and interefl "t the United
States required, that they ihouid, with
Sincerity and good faiih, adopt and pmfue
a conduit friendly and impartial towards
the belligerent powers ; and, as the letter
which communicated, this proclamation,
expreflctl a confidence, that injunctions
interelVing to the happinefsand profperit)
of the United States, would have the be
nefit of my aid, to promote their genera
and ft rift ttbiervaace in Peivnfvlt inia, 1
thought it incumbent upon mc, I Itewife,
in the molt public manner, to rccomio nd
the fubjeft to the attention of my fellow
citizens; and to exhort them faithfully to
contorm to thedi:pofition, which thePre
fident had officially recognized and pre
scribed. . .
This amicable and impartial difpoGtion,
being thus announced, on behalf of the ge
nera? government, some occurrences soon
rendered it ueceSfary to provide an ade
quate & prompt remedy, in cafc of any vio
lence being committed by the belligerent
powers; upon vessels within thejurifdiftion
and protection of the United States , or in
cafe any of those powers, tiionld conimiffioii,
arm. and equip privateers within our port;,;
a practice deemed i.ieonfillent with the
duties of neutrality, and dangerous to the
peace'of the nation. Accordingly, in the
c.ipacity of commander in chief oi the mi
litia of the commonwealth, I received in
structions from the President of the United
States, to interpofo ill either ot those
events, and, with the aid of the militia,
to detain the aggreffor,in the firft instance ;
or the privateer in the second : until the
Prtlident f; ould decide upon such further
proceedings, as the occasion might require.
'These infh uftfons being immediately com
municated to the Board ot Wardens, with
a reqt;E ft that they would pay a vigilant
attention to the fubjeft, 1 w as afi'ured that
proper measures would cheerfully be pur
sued, for ascertaining and reporting, with
ontdelay, every traiilaclion, that appeaV <1
to militate agaißll the peace and neutrality
of the port.
Permit me here, gentlemen, b. iefly to
recapitulate the fevcral cases that have oc
curred under the Prcfident's instructions:
referring however, for a more particular
statement to the documents which X have
directed to be laid before y.ott-
The firft was the cafeof theftiip Willian .
brought into this port as a prize to the
French privateer called the Cit'r/.< 11 Genet,
but captured, as it was alledped, within
the limits of the protection of the United
States. The court of admiralty for thi■
difrict having decided against its own
jurifdiftion, as to trying t .e merits of th u
allegation, the President reuuefted., that I
would order a party of militia on board of
the (hip. for the purpose of keeping her in
1 fafe cultody, until his determination should
be had upon the fnJ-ijett. With this requeit
| I immediately complied ; hut, upon it'
i being officially intimated to me, that a
subsequent arrangement had been made,
lor leaving the iljip in the pofieCion of the
/
v „ .... , w DArs and Saturdays, [Three Dollars per annum.]
Bl P.FRE gX AU • (« No. S.ta.)
French confiil; wl.ile the legitimacy f
c;jn,i;re was u leler confideivtio ). I d.rcvt
• •<i the party of militia to be w.tnar.wii.
\fSer this direction was given, however.
untied to the French consul, rhai
patWiiun tranfnutted t« me a writteri i. -
i!ni'dient, complaining ••■■■•> W. ute
the leisure iod detention ot -Ik
' l>r The next In'lance was attended, witi
more difficulty. Oiithe22dot J..nc, ti.t
nailer warden fupicitMl t» me, >lut t •
l it 1 !" Sarah (,m\v taJltd the Lu.le .).<■ ■
ni) prize to the Ambuscade <r:gate, w.a
irr„i<T out ill the fame manner a, puva
:eers : ;:;id th'.s information 1 'innieu a.et)
oniiMunicated to ilie Preliden.. Oil tic
>Ath of the fame month, the mailer ward-i
liade a more particular report on the luo
ea, which was, like-.vite, lubmuted u
lie Prefidem's consideration. But, as_ 1
lid not receive any directions ,n confe
luence of these communications, ] pie
umed that either the cafe itleif, was no
,v it hi n the meaning of the general in
iructions Mfhich had been given ; or tha
he equipments mentioned in the report:
>f the mailer win 'ens didjiot fufficiemlj
(certain the fact, that ihe-vtlf • w >s i,i
ended for a privateer. On the sth ot July
aowever, the secretary at « ar i cpre.eutei
0 me, that since the report 01 t.ie iriafei
,vaii'en, Inch indirect information h.u
been received, as would, i! founded, ren
ler it indifjUit.ible, that the Little Sai al
aas arming and equipping as a ci'uilei
jnd, thereupon, I inlliuited the neceilar;
.'iiquiries, for accurately afceitaming tht
:ii cumitances relating to the veflel. .11
uformation which I collefled, conhrmei
.lie opinion that I hadoriginally conceives,
ind afforded reafou ta suspect that (he hi
ended (liortly to leave the port. In uc]
herefore, to obtain an opportunity i(ir ih<
Preiident (who was then able'nt from t..t
itv) to decide upon the propriety, ct for
.ibly detaining her. as- the was declared t.
>e the propeitv i f tlie government '■!
[-Vance, I directed t! • fecietary of tlx
-omuionwe.iirl'. to wtjr, up' 1 the m.nil.ci
jf the r jiubiic, to repeefent to him tlx
i-.cuW- »uces ...' the c?-(c, 10 d ;om,i.c!i,
'or the preservation of p ace and harmony
hat he u uald give direct ions for fnfpe: dint
ler.drparture. But as the nlinifler woujc
lot enter into any fatisfactory 1 flnrance i;
his refpefl.l tho't it my duty, immediate!)
o iiift.ua the mailer v. a. den of the pen
o prohibit any pilot from taking charge o!
lie vefiel ; and I dflum Ordeis to tac Ad
utant General for making a draft from the
nilitia, for the pnrpefe of carrying inn
; if c a the President's > .d.T.aions. The lie
efljty ofaninlerpolition, in dfs mode, wee
"ortunately, however, superseded, by ai
rxplanation with the Miniller of Trance,
ivhich induced the secretary of Hate to be
ieve that the velfel would not Lie permit
eel to fail, till the President's fentiineriti
,n the fubjt ft were declared ; and, tipor
die requtli of the secretary of itaie, I dif
rontinued the military arrangements, v. hid
sad been prtviotifly direfled.
A few days subsequent to this tranf.iaion
he French consul represented to me, thai
;n Engii.'h armed vefiel, cal'.c-d the Jane
tarrying 16 guns, provided with a letter ol
narque, and deligning to cruise upon 0111
.oalls, had arrived at Mud Iflahi! ; and.
-eferringto the treaty of amity and cons
inerce between the United Stales am
Prance, he reque-fted that orders might be
riven to prevent this vefiel from entering
.'lie harbor. Up»n enquiring, however,
nore, particularly into the fails, the mallei
■.varden reported, that the lliip came fi
ller to take in a cargo for the ifiaud ot Ja
maica ; audit appearing that her eiUiip
nentsund commiflion were intended for
>1 oteaion. in a coLirfe of lommerce, ani'
ot for ofrenlive war, 1 did not conceive
hat the cafe was comprehended within the
irovifions of the treaty ; and, therefore,
"übmiited the consul's representation, snd
ill the documents relating to it, to the
Preiident : whole opinion. 1 believe, cor
-efpopded with mine upon the fubjea.
Though such were the sentiments enter
ained on the arrival of the Jane, it war
oon suggested, that her captain, having re
itted her in a warlike manner, wasendea
lourjng to incr'eafe the number of her
mi?n and guns. A vigilant attention was.
therefore, tneu to all her operations: ard
every article of authentic intelligence that
I colieaed, w as, without delay, transmit
ted to the Preiident; who desired that the
veflel might be flopped, in cafe (lie ftiotild
be augmenting her force, and about to
depart. On these points, conclusive evi
dence was, at length obtained ; and be-
W E D N E S D A Y, September 4, 1793
cadie ir.y duty to provide, with the aid oi
Lne fhilitia, for detaining her. But in the
course of a eofrelpondeoce with the Pre
sident on the fubjeft, I was informed, that
in conftqiience of an arrangement with the
British uruifler, it was deemed imnecffary,
at that inoment, to interpose with the mi
litia ; although it was expected, that I
should jß.mpioy filch means of coercion, a:
were in my power, for flopping Iter, should
(he.attempt to depart before a liipulated
.Kiiod. a::d without a determination upoi:
1,..t i.'.V. The vefl'el; having eventual!)
compLed with the i-junc'iions that were
ijiven, for the reduction of her militar)
torce, v. as permitted to prosecute her voy
l*'i:t in the cotirfc of thcfe trmfaOions, 1
rlearly discovered, that it would be im
practicable to execute the Prefid-ent's in-
ItvncLons by drafts from the militia, made
Oil the tput of every occalion. It war, ob
vious that the equipmenc ot privateers,
and the lommiffipn of other outrages upoi:
the neutrality of the port, might take place
in the* (li eam ofihe river, ;it a confiderablc
di'tance from the lliores ; and thonld an)
oppofiiion be given lo the measures that
were ilire£led to be employed in fucli cases,
fur detaining the attending parties, ftlccef
nouli! be rendered doubtful ; the honour
of the government might be committed;
and the'tranquilily of the city mud he dif
turb«d. W'tha view, therefore, to dif
ch ute the duty itrpofed upon inc. in a
manner the inofl effieieot, and tlie luoft
, 1 tlationed a ptirty of militia at Mud
lll.ind, arid erefte-'l a battery there, so as
to comm hid the navigation ot the Dela
ware : having previiMifly communicated
H.y elrfign to the President, and < btainrd
die attorney general'# opinion in favour o;
its legality. I enj'.y the fatisfafti-.n in
deed of knowing, that the arrangement
\\ as !,ene'rally approved ; and, I am con-
Relent, tint, on your parr, you will not only
uieerfnllv elefriy the incidental expence
(of which, together with copies ol tlie or
der, that have been iilued, lrom time to
\me. an account will be transmitted to
it-ti). but that you will all-) pro* • e for die
o,' triuaace of so nece llary an eflabdftiment
upon a more perh ci t ; at ieatt tlar
-I,f tile cxiltence of the European war.—
I'he charge for the pay and ra ; o.i- of the
"ditia wall eventually be exhibited agairll
;he general government ; to v. liofe officers
I am indebted for the I .an of anus and am
nunition ; but it will be neceflary in rht
mail time that the legiflauire fhoi'.ld make
in appropriation for repaying to the Bank
■if Pennfyltania, a lam of 2CCO dollars,
lAhirh (being borrowed on my perfonnl
credit) has been expended, with the drifted
economy, in maintaining the men, railinj!
.he platform, ai d making the indifpenfible
epairs at the Fort.
The advantages of this arrangement be
came every day more apparent; particu
larly, when the Prelident, in explanaiior
jf hi 3 general inlirudtions, for preserving
tiu.r neutrality, declared, that no privateer,
which had been, or should b* fitted out.
within the United States, (hall be permittee
:o find an asylum in any of our ha, boars,
and th. t every prize, taken by fnch priva
teer, li.ould befeized, on her arrival with
i,i the j.irifdi£lion of the refpeftive dates,
for the purpofo of being restored to hei
owners, at the time of the cjpturc. Pay
ing a due attention to the President's De
llaration, you will perceive by the papers
whicli I have directed the secretary to de
liver, that the French privateer, called the
• itizen Genet, e.ne prize taken by her, ant
iour prizes, taken by the Little Democrat,
have already (and almofl all on one day'
required an inteipolition of the militia,
wh ch, mil .fs a party had been a finally or.
service, and a battery Creeled, at Meld -
Iflatid, could not have been procured with
funcient facility and dispatch. S<-me be
nefit has, likewise, I believe, been pro
dnceef by thcfe means, in relation to the
peace and order of the city, which, at one
! erioel, were so ihnoyecj, as to induce the
'nayor to ree]ueft a detachment of militia,
,11 aid ot the civil authority: And. upoi:
ihe whole, it is not improbable, that the
knowledge of our being prepaied to refill,
may happily contribute to prevent, an in
traction of'the neutrality cf our port."
NEW CONSTITUTION or FRANC&,
as decreed in June last by the
National Convention.
DECLARATION if thr RIGHTS of
MAN n'lilofth'j CITIZEN.
THE French Peoplt:, convinced that
the neglect and coatempt of the Natu
ral Rights of mail, are the folc caufcs oi
misery in the world, have resolved to set
forth in a foiemn Declaration, those ("acred
a.tcl unalienable rights, to the end that, it
being in the power of every titizen to com
pare at all times the proceedings of govern*
ment, with the end of every social compact,
they may never fnffer themfeives to be op
prefied and debased M tyranny ; that the
people may ever have before their eyes i: e
baiis of their liberty and happincis ; the
magistrate, the extent' of his duly ; the
legflator, theo.-j- ft of his appointment. —•
With theTe views they proclaim in the pre
f'lue of t!!v Supreme Being, tlie following
Declaration of llie Ilights of Man and of
the Citizen.
Art. i. The end of all society is the
public happiness.—Government is ellab
liHied to feenre to man the enjoyment of
lis natural and imprescriptible rights.
2. These rights are equality, liberty, fe
turity. property.
3. All Bien are equal by nature, and iri
eye of the law.
4. The law is the free and foiemn ex
lrefiion of the general will ; it operates
equally on all. whether by pr/ite£ti.tg or
lunifliing ; itcan command only what is
ult and tifeful to society; and prohibit
»11!y what is hurtful.
5. All citizens are equally adniilfible to
niblic employments. As ee people know
10 other motive of preference in their
•ieftions than virtue and talents.
6. Liberty is the power which man pof-
Vfies of doing whatever is not hurtful to
:he rights of others. It is founded in na
;ure ; its bounds are marked by juliicc ?
aw forms its protection, and its. ntwral li
viits are defined in this maxim—l3o not to
others, what you would not with done to
yourfelf.
7. The right of eXpreifing thoughts and
opinions either through the medium oi the
press, or any other manner ; tie right of
quietly aflcmbhng ; the free exenife of
religious worship, cannot he prohibited*
The ncceffity of making mention of these
rights. suppose* the pretence or the recent
remembrance ot defpoliYtn.
8. Security is the protection rfTorded by
p.ciety t® e ich of it:, member;, tor the prw
i".TV»;i<»n«•( hi.- r>er!'«r:>.ri and prop.rty.
9. The law Should protect pi'.blh artl
individual liberty agnintt the Ojspreiiion of
iliofe who govern.
10. No one can be acrufed. arrefled or
Jetained, but in the cases laid crown in
the law, and agreeably to the forms pre
scribed. Every citizen summoned or ar
-et'.ed under the authority tit the law,
iiould immediat 1} obey; by re'bllance he
renders himfelf culpable.
11. Every proceeding against; a cit'zen,
nut of th' reach,Or without the JOl m pre
.cribedby the law,is arbitrary &*tyi annit al;
the person ar.ainlV w hoin it iliuuld be at
tempted to be executed by force, has the
right to renel it by.force.
12. Thclfe who fol.-.t, difpatf h.fign, ex
ecute, or cause to be executed. arbitrary
acts are guilty, and deserve puniflimcnt.
13. Every man being prefiimed innocent
until lie has been (tec! .red guilty. it it is
judged reccll'ary to ;ure!t him, ail ni.ne
. t ffary rigour in lei tiring him, fiiould be
t'everely prohibited by the law.
14. No one ihbiiid be judged and ptin
ilhed until he has been heard, or legally
appeal; d, and un'e:s he comes unoer a
law made public before the perperrat'u 11
of the crimes the law punishing ions
performed before it? tx ttence, istyranm
ial : the retrofpecTn e clTeft of any law is
criminal.
15. The law fiiould only decree punish
ments ftriftiy and ev cleill 1 y neccttary ; the
p.inilhment 1 lould be proportioned to the
crime, and uf.ful to society.
16. The right of property belongs to
every citir.eu ; it is the- right of enjoying
and difpoling at I.is will of lis goods, 1 re
venues', of tae fruits of his labour and in
dustry.
17. No species of labour, culture, or
commerce can be prohibited.
18. Everyman may bargain for his frr
vices an -J hr tin e , but he caa neither fell
liimfelf nor be fold. His peifon is not
alienable property. The law acknow
ledges no fci-vitUoe ; there can be but an
engagement to perform and to pay an
equivalent, between the mail who works
and his employer.
19. No per foil c.an he deprived of the
!eall portion of his property, without his
on! - t, unless the public uecefiities legally
afcertaiiied require it, and under condition
u s an ati" ' 1 : ite and previons coir.penl.ition.
20. No contribution can be required
except lor the general bench.• All c ti-
[Total Numb. 193 ]