The American herald of liberty — Exeter, N.H., 1794-01-07 00:00:00, page 2

Fr.OM THI AmBBICAK MJ K BBVA.'. ;
. > i ' * "T" ■
INCREDIBLE pains have been taken
bi fame parts of the United Stales
to render the fending law and the eftab
lilhment of a nstonalbatik in theU,States,
odious and unpopular. By this means
the oppofers of dur present adminiftra*
tion, supposed they could turn the tide
of public opinion against the head of the
Treasury Department, and finally fuc
need in displacing him. The good sense
of the American citizens has however
been proof against the calumny Os his
enemies ; and there cannot be a stronger
evidence of the goodnefa of his mcafnres,
than that bis system stands unihaken.
That the state of American commerce
and agriculture was deplorable in 1786
it certain : that their present state is
Southing almost beyond example, is
generally acknowledged, even by the
enemies if Ae funding law. Yet few
of them are candid enough to admit
tbe fliare of whence which the reflora,
lion of public dmdh barbed in produc
ing this profperky. ? -
Before the eftaWifhmtntof our pref
gpt government, there was not capita
to Congress alone, and not to the citizens
individually. Then the firft pofttiori
was not true j and no citizen has a right
to go to war of his own authority j and
for what he does without right, he ought
to be puniOted.
Indeed, nothing can be more absurd,
than to fay that all the citizens may be
at war and yet the nation at peace. It
has been pretended, indeed, that the en
gagement of a ciczen in an enterprise of
this nature was a dive^ment of the cba
rafter of cit zen and a tender of juiifdic*
tion over him to another Sovereign. Our
citizens are certainly able to divest
themselves of that charader, by emigra
tion, and other alts manifefling their in
tention, and may then become the sub
jests of another power, and free to do
whatever the fodjells of that power may
do. But the laws do not admit that the
bare commiflion of a crime omounts of
jtfelf to a diveflmerit of the character of
citizen* and withdraws the criminal
from their coertion. They ought never
to prescribe an illegal aft among the le
gal modeiby Uhich a Citizen might dif
fraachife himfelf-, nor render treason, for
inftaoce, innocent by giving it the force
of a d Ablation of the obligations of the
criminal to his country- Accordingly*
in the case of Henfield, a citizen of these
States, charged with having engaged in
the port of Charjeffpn,in an enterprise
against nations at Peace with us, and with
having joined in the aftud commiflion
of hoflilities, the Attorney General -of
the United Sta.es, in an official opinion,
declared that the aft with which he was
at Ch a fiction, is able to tell the Gover
nor and continues to affirm in his correL:
pondence here, that no law of the Uni
ted States authorizes their government
to restrain either its own citizens or the
foreigner* inhabiting its territory, from
warring against the enemies of F rance.
JI ia true indeed, that in the care of Hen
field, the jury which tried, ablohed him.
But it appeared on the trial that the
crime was not knowingly and wilfully
committed } that Henfield was ignorem
of the unlawfolnefs of his undertaking ;
that in the moment he was apprised of
it, he ihewed real contriflon ; that he had
rendered meritorious Services during the
late war, and declared he would live and
die an American ' The jury therefore
in absolving him, did no more than the
constitutional authority might have done,
had they found him guilty ; the confti- ■
tution having provided for the pardon of
offences in certain caffe?, and there be
ing no case where it could have been
more proper than where no offence was
contemplated. Henfield was therefore
Bill an American citizen, and Mr. Gen
et’s reclamation of him was as unauthor
ized as the firft enlistment bfhim. J
(To be eontinued.) '' ■
cbarged,w«s puhifhable bylaw. The fame
thing has been unanimously declared by
ewoof the*Circuit Courts of the United
States, as you will fee in the-charges of
Chief Justice Jay.delivered at Richmond,
and Judge Wilson, delivered at Phils*,
delphia, both of which are herewith sent.
Yet Mr. Genet, in the moment helandt
I It
IT seems that the authors pf opr
py confutation of government in <i^n
United Sates of America, forefaw tba&s
might so happen, that an individual cit
izen or citizens might have a just claim
against a state, for a loss, an injury, &c,
and-have therefore made provision, that
every individual citizen or citizens, who
have fuffered a loft or injury, bye state,
shall have a door opened in law and e*
quity for a fair hearing before the Fede?
rat. Cour t; who, like the kind Father of
mercies, will look to the interest and
good of the whole, and can have no pri
vate interest in the matter, but to do
ftrid and impartial justice to all who
shall fall under their jurifdidion j but if
those fuffering individuals in this refpeQ
should have nw remedy but by petition*
ing such government for redress as they
conceive have done them injustice, that'
government would, in such case,, be the
foie judges in their own cause, and have
the power in their own bands to crush
such insured petitioners. But it is an*
doubtedly Ac duty of all, who have sos
fofficient to carry on the necefTwy busi
ness of the country. This capital could
only be obtained in three ways, either
by the flow, operation of * the industry of
the country, by borrowing, or by cre
ating a capital out of the public debt.
The firft method would have been cer
tain ; but when there was neither confi.
denCe, credit, nor capital to invigorate
industry, its progsefs must have been
very flow. ’Ten' such years as elapsed
from 1783 to 1786 would fearcely pro
duce the aftivity of industry, which one
year produced after the funding of the
public debt. Two or three millions of
dollars only are added to our national
flock annually by the common industry
of the country, but by the funding of the
public debt, a capital of thirty ox forty,
millions Was suddenly added to the m-.
tiohal flock. By this means, persons ei
all descriptions were beneifited4 people
paid their debts, and entCrpnfmg mao
undertO; k great and expensive works pl
public utility ; farms were flocked,badi^
ings repaired, & ail elafles of
find employment. This great accefnon
of capital to the national Boek has bec<
the principal means of affefting this a
mazing change in orir country. The
high prices of all kind* of produce and
mechanical labour, by which farmers
and mechanics are becoming wealthy and
ind 1 pendent throughout the United States*
is the immediate and diredi consequence
of the funding aft. This aft created a
capital suddenly, that is fully adequate
to the exigencies of our citizens, ano
which, in no other way, could have been
so readily obtained. • ? ■ /
But it will be said, u we have in faft
borrowed this capital, and a considerable;
of Jt from foreigners. This loan mufl
be paid at the full value,” Granted j
but it must be remembered that this is
a most profitable loan, for capital, i^
this young country especially, produces
much more than simple ktereft. I go,
farther, and maintain this capital, w hich,
we borrow at Ample interest, is aftually
money at compound interest in the hacd^
of our citizens j more especially ,three,
fourths of it which is owned by Amer-,
icans. A public debt* becoming capi
tal, in the hands of our citizens, arid the
means of exciting an aftive industry and’
' circulation, aftually produces the power
of extingui/hing itfelf. The profits
this capital, amounting to more rhaif
simple interest, would in faft furnifll W
means of paying off the capita), if
whole simple interest were payable to for^
eigners. But when a great part of this;
interest is paid to our own citizens, both;
interest and profit are coftantly added to
the capital, and become stock in busi
ness, which again produces profit. In
all new countries, some artificial capitals
have been found extremely beneficial.
This was eminently the case in Pennfyi
•vania^fot half a century after the firft
fectlemenr. 1 This however is no objed
tion to the speedy redemption of the
debt ; for the capital has been created, if
has produced its effeft, and when the
debt is paid, the money, or something e*l
quivoient - will remaitt and conftitdt^
the capital of our citizen;. =
Forthe Hi r aj.d of Libbrt y.
... * ~ - : ' ’
sered Tach loss, and fee! themselves in.
jured by the government of any date,
firft to apply, to the government of such
date, by petition and refpe&ful addrefles,
hoping that there is so much honor and
dignity in every government in the uni
on, as will induce them to ofe their pow.
er with tenderness and compassion to
wards their unfortunate dependents, and
not shut the doors of equity and mer
cy against them.
The hardell case of this kind that I
have ever seen exhibited to public view,
is where the government of New-Hamp
(hire formerly granted and chartered a
large Township of land, which covered
lome old conditional grants ; and as hone
of the conditions of said old grants were
in the least degree complied with, till
the time limited had long been stapled,
government then considered these old
grants jnflly forfeited into the hands of
government, to be regranted by them,
their heirs and successors, according to
lithe true intent and meaning of said con
ations and express words of the charts;
and' accordingly regranted this township
by the name of which pro
prietors not in the Jeaft doubting their
fafety,under the'charter/ca) and protec
tion of government, went far into the
wtldernefs with great spirit, and cleared
roads, built mills, laid- out the lots, put
on settlers, cultivated the lands, and
were at avast eipence in performing thfe
hard fer vices to the state ; and in addi
tion to all this, the present government
have assessed and calledfibn them from
year.to year,by the name of Morristown,
for large -sums of public taxes, which
they have fahhfully paid into the pub
lic treasury bf the state; which they con
fidcred as a further confiamanon of their
grant-by the present government. But
jn this fituxtion they are now turned off
Without a foot of land toraife their bread,,
oralhilling of the money returned which
government have taken from them in
taxes. But is it poflible that these faith
ful citizens who have ventured to take
the bull by the horn, and perform such
capital services to the state, (hould be fi
nally chonfed out of their whole property,
without a remedy under our boasted con-,
ftitution of government, in this land of
liberty and equality, justice and equity ?
Are the charts of governments to be thus
trifled with 'and con ft rued to mean any
thing or nothing, to the ruin and deftruc
cion of whole families in the wildemefs,
and no body accountable for the mif
chief ? If governments were to fuffer
such capital tricks of fraud without notice,
what could be txpefled from the lower
claflts of the people ? Surely some re
(ped is due to the judgment of the gov-.
'em men t of New-Hampshire, fora chart
is hot the ft pa rate ad of the governor,
but the ad of the government, whose
united opinions then wer^ that they had
a legal right to regrant, under the par
ticular and lingular circumflances of
this townfhip,'unlefs we should suppose
that they meant this charter only for a •
trap and snare io ruin ther poor fettles;
who could not be fuppufed to know bet
ter than government, what grant would*
belegal. And does not the late Efcheat*
*ad of New-Hampshire, which was once
designed io do justice to those fuffering
people, Ihow that they had good reason
to. cspeCt to have held their lands, under
the 'faith of government ? Where then
js their blame—Ought they now to be
deprived of the means of life, because
they had not the {knowledge of the Su
preme Being tq forefee future events, that
the late happy revolution in America,
would throw them into the hands of a
government that would not be disposed
to do them that justice which the former
government intended ? The weight and
justice of their cause, upon which the
happiness or misery of thefe-diftrefled
people so moch depends, should prompt
them tocoutinue their p«itions;&not de
spair of jdflice under the present gevern
ment, since the Hon General Court have
granted them'leveral Committees of the
most refpeCtable characters, whose re
ports have .all been in their favor, and
many other tenfible and worthy mem
ber! of that honorable body have done
themselves the honor to plead their righ
teous cause in said Court, with irresisti
ble force of reason. And why have they
not just grounds to expcCl,that the pre-
Tent government will do them as good
justice with the vacant lands, as though
they had remained under the Govern
ment of the King, since what was for
merly the property of the King, is now,
by the revolution, fallen into the hands
of the state ? Can government wilh to
receive the King’s property in the state
of New-Haropfhire, and not be willing
to pay hrs just debt# there to individuals
with the fame lands ? lam frill confi
dent that no government that ever did,
or ever (will exist in New-Hampshire,
ever meant, or ever will take that ungen
erous advantage, as to fee their unhappy
.dependants defrauded out of fuchdear
earned property (as chose people had ac
quired by heir extraordinary exertions
in the wilderness) without a compensa
tion. Be the power of government what
it may,.they never will stain the annals
of their hiftory with so foul a blot.
A Jr.end to Nt'W'HampJhire.
PHILADELPHIA, Dec. a;
The pfefet posture of affiirs fays a cor
respondent, offers an extensive field, in
which a fpeculatiag adventurous difpofi-
Ition will find ample foept for eXcurfion
—Nor will the feelings of humanity be
much consulted in the details that will be
made, the public mind Will be harrowed
up with a variety of perplexing rumours,
the blessings of peace and general tran
quility—the preservation and security of
life, liberty and property—and all the
enjoyments of society as conne&ed with
a just government, are considerations of
no importance in the view of men, who
suppose they candifcern a connexion be
tween their perfonai emolument, and the
convuifions of the world.
What is the amount of thelate intel*
ligerce.thatthe Corsairs of Algiers were
cruising off Medein conjdure alto
gether—and many are therealons which
may be afligned for its existence. ■
BY two gentlemen who cam? pasted
-gers in the febooner Little Will,
Captain Church, arrived on Thursday
last from Guadaloupe, and bound to
Baltimore, we are informed, rhat 17
fail of Spanish men of war were arrived
at Trinidad ; and xi fail of Dutch men
of war, had arrived at Surrinam.
We learn, that a veffelwhich failed
from Martinico,' about the middle of
last November, fell in with the french
frigate the Thetis, in the longitude of
Charleston, which had failed from
France three months before, and had
taken four prizes. The fame vessel
brings inteligence, that when ihe left
Martinico, that island enjoyed perfeft
tranquility ; that there subsisted the
greatest harmony between Rochambeau
and the People of colour ; and that the
former had an army of 1500 chosen
blacks all well afFched, he expe&ed
to be attacked again very shortly, and
there war ewy appearanpe, thar the
English would be as well received as
before.
PETERSBURG, Dec. io.
We learn from Knoxville, that Geo.'
Sevier returned to that place on the 25th
of Od, after scouring the Indian coon**
try for opwards of 140 miles and ap
proaching within 20 miles of a Creek
village In the course of the expedition^
he destroyed seven of the pnncipafCherd.
kee towns,about 300 head of cattle, healr
500 hogs, corn, and vegatablesin abuhM
dance-* two Indian men, one womaft
and one child,- were known to be killed
in a Barmifh with the Indians, and it is
luppofed several more of the tawny race,
fell, as numerous trails of blood were
discovered on- the ground over which this
dead bodies had been dragged Gen.
Sevier had three men killed, and four
wounded.
The two Houses of Legiflatare of
Maryland have pafled, without one
diflenting voice, the following Refolu*
tion:—
= Resolved, That it is the decided fence
of this general aficmbly, that the true
Ain erican Intelligence,
By Friday s Mail,
NORFOLK, Dec. 11.