Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1803-02-01 00:00:00, page 2

Article VIII.
That the general, great and affential principles
pf liberty and free government be recognized and
forever unalterably eltablifhed we declare.
Sec. I. That all men are born equally free and
independent, arid have certain natural,- inherent,
and unalienable rights, ainongtf which are the en
joyment and defending lite and liberty,acquiring,
pollening and protesting property, and pursuing
and obtaining happiness and fafety ; and every
free, republican government being rounded on
their foie authority, and organized for the great
purpose of pretexting their rights and liberties,
and recuring their independence ; to effect tbefe
ends, they have at all times a complete power to
alter, reform or abolish their government when
ever they may deem it necessary.
Sec. 2. There shall be neither slavery nor invo
(untary fervitiide in this Rate, otherwite than tor
the punishment of crimes, whereof the party shall
have been duly cogvi&ed ; nor (hall any male
person, arrived at the age of twenty-one years or
female person arrived at the age of eighteen years,
be held to serve shy person as a servant, under pre
tence of indenture while in a ftatc ol perfect free
dom, and on condition of a bona fide consideration
received or to be received, tor their service, ex
cept as before excepted. Nor shall any inden
ture of any negro or mulatto hereafter made and
executed out of the state, and it made in the ftAte
where the term of service exceeds one year, be of
the least validity, except those given in the case of
apprenticeships.
Sec. 3. That all men have a natural and inde
feasible right to worihip Almighty God, accord
ing to the dictates of conference ; that no human
authority can in any case whatever, controul or
interfere with the rights of conscience ; that no
man shall be compelled to attend, erett, or sup
port any place of worship, or to maintain any
miniilry against his consent, and that no prefer
ence shall ever be given, by law, to any religious
society or mode of worship, and no religious test
shall be required as a qualification to any office of
trust or profit. But religion, morality and know
ledge being essentially necessary to good govern
ment and the happiness of mankind, schools and
the means of inftruXiion shall forever be encoura
ged by legislative provision, not inconsistent with
the rights of conscience.
Sec. 4. Private property ought and (hall ever be
held inviolate, but always subservient to the pub
lic welfare, provived a compensation in money be
made to the owner.
Sec. 5. That the people shall be secure in their
perfous, houses, papers and possessions, from un
warrantable searches and seizures, and that gene
ral warrants whereby an officer may be command
ed to fe .rch fufoefted places, without probable
evidence ot the lad committed, or to seize any
person or persons, not named, whose offence are
not particularly described, and without oath or
affirmation, are dangerous to liberty and shall not
be granted.
Sec. 6. That the printing press shall be open
and free to every citizen who wishes to examine
rhe proceedings of any public officer anti no law
shall ever retrain the right thereof. Every citi
zen has an indisputable right to speak, write or
print upon any fubjeft as he thinks proper, being
liable for the abuse of that liberty. In profecu
tions fcr any publication reflecting the official
conduct of men in any public capacity, or where
matter published is proper for public information
the truth thereof may always be given in evidence
and in all indictments for libels, the jury shall
have a right to determine the law and the fads,
under the direction of the court as in other cases.
Sec. 7. That all courts shall be open, and every
perlon for an injury done him in his lands, goods,
person or reputation, shall have remedy by the
due course of law, and right and lattice adminif
tered without denial or delay.
Sec. 8. That the right of trial by jury shall be
inviolate.
See. 9. That no power of impending laws, shall
be exercised, unless by the legislature.
Sec. 10. That no person arretted or confined in
jail shall be treated with unueceffary rigor, or be
put to answer any criminal charge but by present
ment, or impeachment.
Sec. it. That in all criminal prosecutions, the
accused hath a right to be heard by himfelf and his
counsel to demand the nature & cause of the accusa
tion against him & to have acopy thereof, to meet
the witueffes tace to face ; to have compulsory
process for obtaining witnesses in his favour, and
in prosecutions by indictment or presentment, a
fyeedy public trial by an impartial jury of the
county or diftrid in which the offence shall have
been committed, and shall not be compelled to
give evidence against himfelf nor shall he be twice
put in jeopardy for the fame offence.
Sec. 12. That all persons Shall be bailable
ble by fufficient sureties, unless for capital offen
ces, where the proof is evident, or the presump
tion great, and the priviledge of the writ of ha
beas corpus Shall not be suspended, unless when
in case ot rebellion or invasion the public fatety
may require it.
Sec. 13. Excessive bail Shall not be required, ex
cessive tines Shaft not be imposed, nor cruel and
unusual punishments inflicted.
Sec. 14. All penalties Shall be proportion to the
nature ot offence. No wife legislature will affix the
fame punishment to the crimes of theft, torgery
and the like, which they do to those of murder
aid treason. When the fame undiiinguilhed fev
er it is exerted against all offences, the people are
led to forget ihe real diftinttion in the crimes
themfelres, and to commit the molt flagrant with
as little compunction as they do the lightest offen
ces. For the fame reasons a multitude of Sanguin
ary lais are both impolitic and unjust; the true
design ot all ptitrShments being to reform, not to
exterminate mankind.
Sec. 15. The person of a debtor, where there is
not Strong presumption of fraud Shall not be con
tinuei in prison after delivering up his estate for
the benefit of his creditors in such maner as Shall
be prescribed by law.
Sec. 16. No ex poftfaflo law, nor any law,
impairing the & did it) <f ontrafts, Shall ever be
made and no conviction Shall work corruption of
blood nor forfeiture of estate.
Sec. 17. That no person Shall be liable to be
transported out of this state for any offence com
mitted within the state.
Sec. 18 That a frequent recurrence to the fun
damental principles of civil government, is abso
lutely necefldry to preserve the buffings of lib
CQNSIITW lIUN
Os the STATE of OHIO ;
(Continued, from our laft.]
Messrs. Printers,
In a few lines 1 wrote you week before last, I
exprefled my furprize that Friends, who profefs
such peaceful and benevolent principles—who
praftife such indultr, and economy—should flip
port the measures of John Adams, lately president
of these United States, and approve of his railing
armies of soldiers to live in laziness on the labors
pf the industrious citizens—of his building a navy
five times as large as was necessary, of his erecting
vast and costly buildings for barracks, such as those
on the banks ot Schuylkill, without any order
from congress for so doing, of his borrowing so
many millions of money, and giving eight per
ct. interest tor it, when he might have got enough
for fix per cent ; of his increasing the public debt
several millions of dollars, although our finances
were prodyCti'e, and although he laid new taxes
on our carriages that we used to ride to meeting
in, on the houses we had built or rented to live in,
on the lands we labor on for fubfiflence, on the
paper w e wanted to write our common obligations
on, and on many other things that u ere not taxed
.while George Washington was president, and are
;not now Thomas Jefferfon is. 1 fay, I was fur
I prised that friends could approve such measures as
the foregoing, and upheld the men who adopted
them. And equally surprised that Friends should
lend their hands to affilt ambitious and bad men in
pulling down or opposing the administration of
Thomas Jefferfon, who is the very man that firft
drew and got the legiflatur of Virginia to pass a
law, securing to Friens the free and peaceable
exercise of their religious opinions, whose princi
ples and conduct have always been confident with
those of Friends, and who, since the people of the
United States elected him their president, has pre
served peace abroad and tranquility at home, has
taken off many burthenfome taxes, has reduced
the public debt several millions of dollars, and yet
has now in the treasury four millions and a half of
dollars.
The only way in which I could account for the
’ conduft of Friends was, that they had not taken
much pains to examine public affairs for themselves
l and had been deceived by a lying fpirit,and thought
they were right in what they did. If this be the
, case I don't doubt when they difeover the error of
their way they will torfike it. And 1 think the
light of truth muff soon shine on their minds.l
cannot believe they will be long left in their pre
lent iniflake. I troft the time is not far distant
when they will contefs that ,e measures of John
Adams were not for the good of the country or
the happiness of the people, and acknowledge that
Thomas Jefferfon is one of the greeted fbtefmeu,
and one of the belt men that ever lived. I don't
pretend to be gifted with thg Qint of prophecy,
Sec. I. That no evils or inconveniencies may a
rise from the change of a territorial government to
a permanent Rate government, it is declared by
this convention, that all rights, fuits,actions,profe
cutions,claims and contratts,both as it refpeCts in
dividuals and bodies corporate (hall continue at if
no change had taken place in this government.
Sec 2. All fines, penalties and forfeitures, due
and owing to the Territory of the United States
North-weft of the river Ohio, (hull inure to the
use of the hate. All bonds executed to the gov
ernor, or any other officer in his official capacity
in the Territory, (hall pass over to the governor
or the other officers of the date and their fuccef
fors in office for the use of the state, or by him
or them to be refpeftively assigned over to the use
of those concerned as the case may be.
Sec. 3. The governor, secretary and judges, and
all other officers under the territorial government
fliall continue in the exercise of the duties of their
refpettive departments, until the said offices are
fnperfeded under the authority of this confuta
tion.
-——————CTmflmtrarammßmstemtfe^
Sec. r,. That the people have a right to assem
ble together in a peaceable manner, to consult for
their common good, to in(lru& thei, r prefenta
lives, and to apply to the legislature for redress
ot grievances.
Sec. 20. That the people have a right to bear
arms for the defence of themselves and the state,
and as Handing armies in time of peace are dange
rous to liberty, they Shall not be kept up, and that
the military Shall be kept under Grist Subordina
tion to the civil power.
Sec. 21. That no person in this Gate, except
such as are employed in the army or navy ot the
United States or militia in actual tervice, Shall ne
Subject to corporal punishment under the military
law.
Sec. 22. That no Soldier in time of peace, be
quartered in any house without the consent of the
owner, nor in time of war but in the manner pre-
Scribed by law.
Sec. 23. That the levying taxes by the poll is
grievous and oppressive, therefore the legislature
Shall never levy a poll tax lor county or State pur*
puses.
Sec. 24. That no hereditary emoluments, pri
vileges or honors Shall ever be granted or confer
red by this Hate.
Sec. 25. That no law Shall be puffed to prevent
the p<ror in the federal counties and town Ships
within this state, from an equal participation in
the Schools, academies, colleges and universities
within this Hate, which are endowed, in whole or
in part, from the revenue arising from the dona
tions made by the United States tor the Support of
Schools and colleges, an ' the doors of the laid
Schools, academies and u ivei titles, Shall be open
for the reception of Scholars, Undents and teachers
of every grade, without any distinction or prefer
ence whatever, contrary to- the intent for which
the said donations were made.
Sec. 26. That the laws Shall be passed by the
legislature, which Shall Secure to each and every
denomination of religious societies in each Survey
ed town Ship which now is, or ma, hereafter, be
formed in the Bate, an equal participation, accord
ing to their number ot adherents, of the profits
arising from the land granted by Congress for the
Support of religion, agreeably to the ordinance or
aft of Congiefs, making the appropriation^
Sec. 27. That every association of persons, when
regularly formed within this Rate and having giv
en themfelvesa name, may, on application to the
legislature. be entitled to receive letters of incor
poration to enable them to hold ellates, real and
personal, for the support of their schools, acade
mies, colleges univerlilies, and for other purpo
ses.
Sec. 28. To guard againfl the transgressions of
the high powers which we have delegated, we de
clare, that all powers, not hereby delegated, re
main with the people.
7
FROM THE TRENTON TRUE AMERICAN
To be concluded next week.
SCHEDULE.
but thole who live a few years will fee mv pfe :
diction come to pafe. Friends in other States arc
tail becoming what are called republicans. 11
Fennfvivania, they are almost all of this defcrip
tion, as may be kno n from this tatty that onl)
fix or Seven of the whole number of members oi
the legiflautre of that Rate are wl at are called
tederal—every one ot their eighteen reprefenta
lives to congress, lately elected are repot licans,
and their republican governor Thomas M Kean,
was re-elected by a majority of more than thirty
thousand votes. These things Shew that in Penn
fylvania the friends are moflly republicans. The
public friends, who, in imitation of their divine
matter, go about doing good, though they gene
rally avoid meddling much in political matters,
are, with but one or two exceptions that I know
of, all republicans. And so lam firmly persuad
ed, will the molt of friends, and all other good
men be, in a Short period of time.
Friends have always been remarkable for their
quiet orderly behaviour, and for their cheerful
support of the government under which they liv
ed. When these flat s declared themfebes inde
pendent, many friends adhered to the mother
country from a confeientious perfuafioh that they
ought not to affiftin pulling down and Setting up
g< vernments. When the present federal conuitu
tion was adopted and put in operation, friends
were well pleated with it, and cheerfully support
ed George Washington in administering it. When
John Adams was chosen president, friends Hill
thought it their duty to Support the government
although they could not approve ot his expensive
and warlike measures. How then can they now
oppose government, when Thomas Jefferfon ad
ministers it upon those very peaceful and frugal
principles which friends pfotefs to love and att
upon in private lite? Will friends now become
oppofers of government and assist in creating dif
fausfaftion and unealinefs ? Will they consent to
be the tools of designing men, who are laboring
to overthrow the present governmeet, in order to
form one feet themselves, in which the people shall
be Nothing but hewers of wood and drawers of
water to a few rich and powerful nobles ?—
Friends ! look well to it— confider well * hat you
are doing. Don't let party Spirit lead you allraj
from your principles. Don't be deceived by un
principled men. Examine for yourselves, and
walk in the path in which you shall be guided by
the light which is w thin your bre.rfls, and whicu
will conduct you aright, if you permit it to Shine
unclouded by prejudice and improper views—ls
a tyranny Should ever be established in this conn
try, who would be its firft victims. Who would
voracious wolves Seize upon firft, but defenceless
sheep ? Remember that all other persuasions ft nd
a better chance under a tyrannical government
than you do, because they can defend themselves
which your pacific principles will not permit you
to do. It is therefore more to your interest than
to the interest of any other people to support and
preserve the tree and peaceful government under
which we now happily live. And it this govern't.
is destroyed by your acqniefcing in the attempts
of ambitious men to deuroy it, I am at a loss to
know how you will anfwef for your conduct to
your confidences, to your posterity, or to our boun
tiful Creator, who has conferred on us Sb many
and peculiar bleflings.
"Some friends fay they don't like Thomas Jeffer
fon, because he is a deist. 1 don't know what
right people who profefs one belief, have to quef
tiou the belief of another. 1 look upon it that
Thomas Jefferfon, and every other man, mult an
fwer to his all w ife creator, and not 10 his frail
fellow mortals, for his belief, be it what it may.
But how do you friends know that Thomas Jef
ferfon is a deist? They have heard some body fay
so, who probably knows nothing about his reli
gious belief, and fays so only to answer some par
ty purpose. And will friends condemn a man
without any proof ot his guilt, when his whole
lite gives the be to his accusers ? The scriptures
inform us, that “a tree is known by its fruit"
and that we are to judge of men by their works.
If we adopt this sacred rule, add I defy all the ca
lumniatois of the president to prescribe a better
one, we shall fi d that Thomas jefferfon is a good
Christian. "He is constant in his attendance upon
public worfbip. He is pure in his conversation,
using no oaths or vain language. He is plain in
his apparrel, and meek and mild in his manners.
His conduct is rigidly moral and he is punctual to
his p:omi(es and engagements.—His benevolence
has been felt by many of his fellow creatures in
diitrefs, and his foul Teems to embrace the whole
human race as his brethren—as children of the
fame great and good parents. He is never known
to speak ill of any person, even of his word ene
mies ; and every aft of his life teems to be
squared by the golden gospel rule of do ng unto
others as he would have them do unto him.—l
feel convinced, that if friends only knew his real
character, they would not have a doubt of his re
ligions principles, and would love and support
him heurtly ; for fiich fault as is above described
is not gathered from thorns and thirties.
I with Frends in this Bate would set seriously
about enquiring into political matters, and fee it
the, have not been grievously deceived by artful
and unprincipled men. Friends have always been
in favor ot religious toleration and civil liberty,
and f am sure in my own mind that if they were
rightly informed they would not be found aiding
men who would if they had but the power, drag
to the flake all who differ from them in religious
opinions, and fix the letters of slavery on their
tellow citizens.
Friend to Republican Government.
National Legislature.
SEVENTH CONGRESS Second Session.
HOUdL -Monday, dec. 27.
Mr. Davis made the following motion :
Resolved that the committee of elections be,
and they are hereby inftrufted to enquire whether
John P. Van Nefs, one ot the members of this
house from the state of New-York returned by
laid state to serve as one of its members in the
seventh Congress ot the U. S. has not, since his
Election as member, of the house, and hnce he oc
cupied a feat as a member, accepted of, and ex
ercised the office of a major of Militia under the
authority ot the U. S. within the territory of Co
lumbia, and thereby forfeited his right to a teat
as a member of this house.
Mr. Mitchill confiderel the point as interest.
mg in two relations ; that which went to deprive
the date (N. Y.) of a member. For these reasons
he hoped the bufinef# would not be immediately
pressed. *
Mr Davis replied that he felt no disposition to
press a decif on. He was in favor of the quellion
of reference being immediately taken.
Mr. Randolph moved, that the tefolution
be referred to a committee of the whole on
the Hate of the union. A debate of two
hours ensued, when the question was taken
by ayes and nays on Mr. Randolph's motion
and carried—ayes 48, nays 39.
Mr. Gtifwold moved that the House re
'folve itieif into a committee of the whole on
the state of the Union. Agreed to. After
a lengthy conversation the committee rose,
and the question being taken, was carried in
the affirmation, 25 to 32, and the gallery
cleaned till the hour of adjournment,
no—i _- —&
The Ki g of Sociu has been pleased to
confer on the Chevalier D'Yrujo, His Cath
olic Majesty's Envoy Extraordinary and
Minister Plenipotentiary near the United
States, the Title of Caftille for himfelf, his
Children, heirs, and successors, under the de
nomination of Marquis de Caja Yrujo.
We are happy to announce, that the re
port ot John H. Grayham's appointment,
is another federal misrepresentation. We
venture to allure the public, he is not now
(and never will be) Secretary of the Senate
ot the United States.
PRECIOUS CONFESSION.
The good teds, often make precious con
fefens ! One was asked, how doesit happen,
it the federalifts are right, that nine tenths
if the old revolution lories are on their fide ?
—l'm not certain, (answered the toryjedcr
alif) but that the tories were/w^i^ oppos
ing the Revolution ! ! Hefpoke the real
sentiments of his Se& every thorough
paced disciple of the Porcupine school will
lay the fame. Con. Rep.
On Mr. Mitchill repeating his desire for some
delay, Mr. Davis agreed to let the resolution le
till to-morrow.
Tuesday, dec. 2s.
A message was rec'd from the President of the
U.S. including plans and estimates for a Dry Dock
on toe Eaflern Branch of Potomac, capable of
containing twelve frigates of 44 guns.
The proposed plan, accompanying the report to
the Secretary of «he Navy, is exhibited, at consid
erable length, by Mr. Latrobe; with eftiinates for
two plans ! one for fiipply ing the Dock with wa
ter from the Tyber, the expence which estimated
at 27.000 dollars ; the other for supplying it from
the Potomac at tie Little Falls,.the txpence of
which is estimated at 222,000 dollars.
Referred to the Committee to u hum was refer
red so much of the President's Message as relates
to Dry Docks.
A letter was received through the Speaker, and
read, from James M'Henry, containing certain
animadverGons on the Report of the Committee
ot InveHigation, made during the last feflion.
Wednesday, dic. 29.
Mr. Cray offered a resolution for the appoint,
ment of a committee with inllruiflion to enquire
into the expediency of difqualifylng any person
from holding an office under the United States,
or in fending or carrying a challenge.
Oi dered to lie on the table.
Mr. Davis called up his resolution inftrufting
the committee of elections to enquire whether
Mr. Van Nefs had not forfeited his feat by accept
ing the appointment, of major in the militia of
Columbia.
The resolution was then adopted without a di
vision.
Thursday, dec. 20.
Mr. Claiborn pretexted the petition of Samp
son Henderson, praying pecuniary relief. Refer
red to the committee of claims.
Mr. Mitchil moved a resolution for the appoint
ment of a committee for enquiring into the expel
diency of amending and reviling the several alts
refpeßing patents and copy rights, to report there
on by bill or otherwise.
Before offering the resolution, Mr. Mitchill ob
served that his object was to limplify the exiting
statues relpetting patents, by cbmprifing them in
one aft. Resolution agreed to without a division.
Friday, Dtc.gr.
The motion on this fubjeftwas rejected on the
principle that Congress have no right to preftribe
the qualifications of public officers.
A menage was received from the President of a
confidential nature. The galleries were cleared.
MONDAY, Jan. 3, 1803.
Mr. Lieb moved, as an amendment to the
Constitution, that in all future elections of
President and Vice-President, the perlons vo
ted for shall be particularly designated. Re
ferred.
A bill for the appropriation of 100,000 dollars,
for part of the naval service of 1803, was reported
and referred.
Mr. Euftis presented a petition of Samuel Elod*
get, praying relief, in the case ot judgment obtain
ed against him, on account of the Washington-Ho
tel Lottery.
A bill for the relief of Insolvent Debtors within
the diftria ot Columbia, was taken up and deba
ted, but no question taken thereon.
A resolution passed directing the Secretary of
the Navy to ereft (beds over the timber deposited
in the Navy-Yard.
Ina debate on the fbbjett of this law, Mr. Var«
num moved, that a committee should be inflru&ed
to inquire into the expediency of repealing the
Bankrupt law, which was carried, Yeas 45,
Nays 25.
Tuesday Jan. 4.
A memorial against the repeal of the a£ls
imposing a<>itional duties on foreign ton
nage, &c. from Philadelphia, was read and
referred.
A bill making a partial appropriation for
the naval service, passed to be engrofied.
The Military EHiblifhment Appropria
tion bill, passed to be ehgroffed:
Wednesday, Jan. 5.
Mr. Griswold moved that the house should
go into a consideration, of his resolution laid
on the table yesterday, requeuing the Presi
dent to furnilh information relative to the
cession ot Louisiana to France.