The American herald of liberty — Exeter, N.H., 1794-04-22 00:00:00, page 1

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i ■ <■ • v
r American Herald of Liberty.
AT firft thought (ich an amendment
teems very necessary, to preserve the
dignity and Sovereignty of each State with
in its own particular juriididion : and it
would indeed be liable to no objection, if.
there could be equal aflurahce, that Gen*
eral Courts will always do justice to every
person who may hast demands on the State,
as there is that justice will be adminiftred
with precision in eftablilhed courts Os ju
dicature. But there has been Sometimes
plain evidence to the contrary. In all
cases where accounts are presented oGen
eral Court ,and claims urged,they are not
only a party, but foie judges in thb cause.
To keep up a popular character in the state
by laving money to the public, they are
tempted to aft with less regard to justice
than is required, by their own authority,
in Courts which decide on the legal deal
ings of one man with another. They are
often hasty In thei decision Jwithout giving
•themselves jtime to confider all circumstanc
es impartially. They often find themselves
urged with accounts which rife above all
common rules of Commerce, because they
are public; and the utmo& is expefted from
the public that can be obtained : and this
brings them into a habit of curtailing all
accounts, right or wrorig. Besides this,
many members of a Court, to keep up a
popular charader, by saving money to the
State; are tempted toad with lets regard to
justice than what is found to be necessary
in the more private dealing^ of one man
with another. Because any member! of
the Court ivho promote, and really effeft,
any afts of injustice, confider themselves
as fkreened from all imputations, by the
majority 1 The ReSolves they obtain are
definitive, however partial and injurious j
the party injured has no remedy ; but must
patiently Submit to the determination of
the highest authority. .
A Cife, lately before thi General Court
of a neighbouring state, may afford a good
illustration of what has been Said above.
A certain person; about the beginning
of the lata wir for the liberties of america,
was called to ah office of no Small import
ance, and under great embarrassments, to
which an annual Salary had been annexed
by the General Court, for about a Centu
ry proceeding. The fituacion was criti
cal, difficult, and attended with danger.'
But, being in principle* a determined friend
to the cause of America,* he gave Up a hand
some living which he enjoyed with. more
security, and was willing to (hare in the
fortunes of his country r and so ventured
into the midst of the din of arms, relying
on the juftiee of the public for the usual
Support, if the cause should tit prosperous,
as the office was unavoidably expenfiye.
He contributed, to the utnioft of his abil
ity, for railing soldiers, and fufnilhing the
army with many necessaries, nearly to the
value of one hundred pounds, forwhich
no cpmpenfation was ever made. .And be
sides performing the duties of his partic
ular station, he exerted himfelf every way
to promote the common cause.
For two or three years the usual salary
was justly paid. But afterward, thepaper
bills continually depreciated in his hands,
while he was obliged to keep them by him
for his daily Supplies. Additional grants,
from time to time, were made by the Court
—which nevertheless. when in his hands,
could not keep up with the rapidity of the
depreciation, and proved very inadequate
to the original Sum, and inefficient for
constant necessary expences; so that he
%he uncertainty of justice to individuals in
Public Bodies.
ti ^efrs. PrI NTERS,
'As there is a late Resolve of the Cotigrejs of
the United States, which propo/es an a
mendment of the article in the general Con
fti tut ion, which makes a State liable to be
sued in a Federal Court by a citizen of
another State, or of foreign States ; your
f üblilbing a few thoughts on this matter
may be a ufeful Entertainment to your read
ers.
[Volume VIII.
FOR THE HERALD OF LIBERTY.
EXETER (New -Hamp[hire) Printed and Publiihed by Sterns and Winslow, in Main-Street at ^/8 per annum.
was repeatedly obliged to borrow money
for hi) daily support.
In the year 1780, he resigned the office,
and presented to the General Court then
fitting, the true state of the account, and of
the arrearages justly due in silver money,
amounting very nearly to 5001. lawful mo
ney. That Court, without any objection
or hesitation, readily granted the ballance,
and a little more, as an acknowledgement
of faithful services, and in confederation of
the charges of removal. But as st that time,
no silver money was in the Treasury, and
the new emission Bills were just iffiued by
Congress, which were est imated and then
passed, equal to silver, at 40 for one, a
warrant was given upon the Treasury for
payment in tbofe bills. But the Treasur
er was obliged to postpone payment, time
after time when application was made,
for want of a supply in the Treasury ; un
til at length it became moll evident that
there was a very great depreciation of that
emission, so that it could not be received
according to the plain intention of the
grant.
Therefore, after some time necessarily
passed, when public affairs began to be
more fettled after the peace, and silver mo.
ney came into circulation; application was
made to the General Court for a new war
rant, that the forbier grant might be paid
in silver, agreeably to the true design.
But that Court, without any regard to jub
tice, cut off one third part of the grant
which had been made beforb, ahd refolvcd
no more should be paid.
Not long after another application was
made for the balance remaining, and the
former account again exhibited, only to
fliew that the balance was due in silver
money. In consequence of which a Com
mittee pf both boufes was appointed to ex
amine the matter ; who made their report
that the whole balance was justly due, and
accordingly the Senate voted it. But
when the report of the committee came
down to the lower House, they with great
clamour; refufed to take the least notice of
it. v .
However, not long since, it was thought
proper to make one trial more of the just
ice of the Court, and the matter was Hated
anew. They entirely mistook the design
of laying the original account before them,
which wa^ not that it might be . passed a
gain, as it had before beta passed ; but
only that it might appear, that the firft
grant was designed to be in lawful silver
money. However, the Representatives
appeared willing to do justice, and agreea
bly to the report of their committee, voted
an Additional sum for the balance due on
the original grant: but when their vote
went up to the Senate, it was rejafted, for
thisfpecial reason, as far as,can be known,
That the House which refolded to pay only
two thirds of the original,grant, never in
tended to pay any more I I I
By the foregoing Statement of a real case
it appears, that the principles of justice in
General Courts, as to the property of in
dividual claimants, are very flu&uating;
from the Senate to the House, and from
the House to the Senate : and it may ap
pear necessary that such cases of the claims
iof particular persons Should be referred to
some judicial Courts. But if this cannot
be, it is certainly of the greatest conse
quence, that people, when they cfiooSe
their Senators and Representatives, should
. pay the otmoft attention to that maxim
! given by divine infpiration— 'He that rub
I eth over uden mnft be jufi, riding in the fear
ofGOD—no^. be very careful not to choose
any man, who has not an eftablifoed, un
fufpicious charafter for honesty and integ
rity in more private life ; without which,
whatever other qualifications he may have,
it cannot be expefted that he will aft up
rightly in public affairs.' .
M/r) be bad at this Ptinting Office,
A FBW COPIES
DO D D’s
Reflections on Death,
’ . ■’ k ' V '' t • ' _ k -' . '
TUESDAY, April 22, J794*
Me. fenno,
IN this alarming crisis when waris so
much talked of that it is almost become
lamftiar to our ears, it is the duty of every
good citizen to weigh well the causes of the
prefnot uneasiness in the public mind, and
the confeqnences of an improper direction
being given to it. The injuries and ag
greflions of the British government, which
have excited the most lively sensations a
mong us axe, ift.—The detention of the
Weltern pofts^— 2d. The truce between
Portugal and Algiers—3d. The seizure
of vessels carrying provisions to the ports
of France—4th. The piratical conduft
oLßritifh cruisers in the Weft lndits— Jth-
The inftruftions of 6th Noy. and the con
sequent feizufe and condemnation of our
vessels in the Weft Indies. , . '
1 ft. The detention of the Posts. This
is deemed by us a violation of the treaty
of peace; Great-Britain attempts a jufti
ficaiion by alledging that the United States
have also violated it by laws of the Slates,
and decisions of the state courts, restraining
the recovery of British debts; it is answer
ed on the part of the United States, that
even admitting this to have been the case,
yet the detention of the posts was an in
fraftion of the treaty, antecedent to any
such laws, or decisions. It must in candor
be admitted, that the cOnduft of some of
the states, with refpeft to debts, may. be
viewed in fomemeafure as a departarc from
the rigid conftruftion of the treaty ; at rhe
fame time, candor ought to make allowances
for the Situation of this country, and to
suggest many qiufes of jnftification. The
state laws w<re in general favourable to
the mals of British creditors, for had the
courts becq thrown open immediately after
the peace, not above one in a hundred of
those creditors would hay? been paid, and
the debtors would all h^ve been ruined.
No diferimination was made in any state
again ft British creditors, but they were al
ways placed on the fame footing as Ame
rican creditors. Still however, there may
exist some doubt on the fubjeft, and it may
not be so dear a case as to juftify a war. 1'
is true the courts arc all open at present to
the recovity dt debts, but if there has been
an infradion of the treaty on cur part at
any time fincc the peace, it may fornifh a
pretext on the other part for not immedi
ately fulfilling it. The fur Made is not
an objeft in itfelf of Sufficient magnitude to
indemnify us for war; the bravery of our
frontier people and our weftern army,
which has lately been fuccefsful, will keep
the Indians quiet, notwi hftanding the Brit
ish may continue for a few years to hold
those posts: It is not in ithe nature of
things that they should be able to hold them
muph longer: The extension of our fcttle
ments, in their vicinity, the bold and en
. terprifing disposition of the settlers, and
the frequent desertions of the troops which
garrison the posts, will soon induce the
British government to abandon them.
2dly. The truce between Portugal and
Algiers* In moments of passion when our
Sympathy is justly excited for the dreadful
Sufferings of our unhappy countrymen, it,
‘is natural, for us to execrate end Swear
•vengeance against thole who have in any
refpeft been acceffary to their misfortunes.
But we Should view thelubjeft, as between
the United Statea and Great-Britain. To
lay that Great-Britain has let loose the
Algerine pirates upon us, is a figure of
* Speech which is incorreft. Had Britain
felt a very friendly diTpqfition towards tfijs
country, it is probable she would not have
made that truce for Portugal without
Hipulatmg a Security for us 1 but are there
any tics which eponeft us with Britain ?
Are there any fxifting causes of obligation
on her part? His our conduft been such
[FT is from Moderate Men alone, that
the truth can be learnt, in thfe days of re
port, misinformation, and error.-— Attend
then Citizens of the United States I to the
impartial voice of a Moderate Man.]
From the Gazette of the U. States.
for Some years past, as to aufhorife us to
expeft on th? part of. Britain, partiality,
preference.and favour ? Let Us .examine
our public prints; the incessant torrents of
abuse against Britain, the accounts of toafti,
processions and rejoicings for the defeat of
her armies, will immediately Satisfy us that
we had no right to expeft that Great*
Britain should digress from the ftrift one of
her own policy to accommodate her Self tp
our’s: our partiality for France, however
natural it may be, has led to Such open and
avowed animosity against the Britilh na
tion, that it would have been folly to ; have
expefted in return from Great-Britain>
proofs of kindness and friendship.
Our government indeed, with on? ex
ception, has been neutral: Mr. Jeffer
son in his correspondence with ,Mr.
Gen et, makes a merit of deviating from
our neutrality in allowing the Sale ofprizea
not warranted by treaty; and boasts of our
exertions to pay our debt to France.
These deviations might ekeite umbrage
in the other belligerent powers; but upon
the whole, the federal government con
sidering the bias of the people, has been
highly meritorious ahd their conduft
should have a due tffeft on the Bri.riih
cabinet. A law has passed one branch of
the federal legifia bre, to prevent the Sale of
prises; if it passes the other, then the de
cided neutrality of the government will be
an offset against the decided partiality of a
considerable part of the people.
How then does this question (land as be
tween the United States and Great-Britain;
the latter makes a truce in behalf of an old
friend and clbfe ally with a formidable ad
yerfary, without (Updating a Security or a
participation in that truce fora nation; the
inhabitants of which have manifefted the
most decided partiality for her most bitter
enemies, and the government of which has
not required such a Security or even her
mediation. Where then is the Cause of
hostility t
3. The Seizure of vessels laden with
provisions for France. This meaSure was
adopted in purfuanceof a ftipulaticn entered
into between Great-Britain, Russia, Spain,
81c. All those powers are nnSwerable for it,
and war against bne on that Score, would
be war against all. The British Minister
attempts a juft:fication oS it from the iu«
(hority oS writers on the law of nations,
particularly 2 Vaitcl, 72, 73. and urges,
that by the doftrine, there laid down, they
have not gone So far as they would have
been juftified in proceeding considering the
profped they have of reducing their enemy
by such means, the inftruftions not exten
ding to all kind of provificns, rice being
excepted nor to confiscations ! that theexift*
ing circumflances juftify them in confider*
ing grain as among contraband articles,
and thefore coming within the £refident’s
proclamation, that the French government
(and not individuals) are the on|y impor
ters of grain into that country,that the
meaSure was So guarded by dirpfting the
property to be paid for, together with the
freight, that the owners, could Suffer no
loss, a liberal price being always allowed
in rhe caSes.
Whether this explanation be or be not
confident with the law of nations, it is not
perhaps necessary, to. explore j these re*
marks, however octur:
I ft. That it is not probable any aft of
our, government would produce adepa lure
from • system eftablilhed Jby all the com
bined Powers nt one detmed by them in
difpenfible for (heir own Safety.
2d. That it is as probable, any
further inconvenience will reSult to us from
this system. as the cqppuft of the French
government, by payments in affignats, em
bargoes, snd other afts of violence, will
be a Sufficient restraint on onr merchants,
from Sending provisions to France in A
m erican bottoms: It is more probable,
that the French government, aware of thia
will continue to' puriue the wife policy they
have adopted,of finding their Specie, (hips
and convoy s to our ports for grain.
3d. Thi phadcil conduft of the con*
[Number 42;