The Republican ledger — Portsmouth, N.H., 1801-06-02 00:00:00, page 2

^ißfflan^
Henceforth let fair opinion rife.
And give to each its proper weight.
Due honor to the good and wife,
But to the vile contempt and hate. Mr.
4 MEMORIAL & REMONSTRANCE,
Presented in confequer.ee cj a Bill
brought into the
Virginia assembly,
FOR THE
ESTABLISHMENT OF RELIGION,
BY LAW, in 1785.
The following addrtf is said to have come from the
pen of that great Statejman, Patriot and Chris
tian Phiio/opher fefferfon. In it the rights of
conscience and religious privileges are so clearly
fated, and with so much ingenuity and ability
contended for, as to merit the deliberate perujal of
every ,sober man. Truth is uniformly the fame
in all places and at all times, in Virginia and the
Mafachufetts, but may not meet the Jame favor
able reception. The question dijettjed has long
face divided the world, and is seriously interejt
ing to the chrifian, the citizen, and the politi
cian. Let each one for himjelf compare with
attention, and weigh with caution the combined
force of every argument. Let him decide with
fairnefs, and with firmnefs abide the refalt. —
JJthe observations be weak, or the arguments in
conclufae, let them be exposed ; let them be an
swered. If they enlighten, if they convince, let
truth, divine truth prevail, and then will it be
advocated not only by Jefferfon, but by the great
and good of every denomination.
WE the fubferiLers, citizens of the laid common-
Wealth having taken into serious considerations
bill printed by order of the lafl session of the Gen
eral Assembly, entitled, '' A Bill eßablifhing a Pro
vision for Teachers of the Christian Religion'' and
inceiving that the fame, if finally armed with the
Tanftions of a law, will be a dangerousfobufe of
power, are bound as faithful members of a free
Itate, to remonflrate againff it-; and to declare the
reasons by which we are determined. We remon-
Ilrate against the said bill,
because, We hold it for a fundamental and
Undeniable truth, "That religion, of the duty
whph weow^o our Creator, and the manner of
difeharging it<an be directed only bv reason and
conviction, not by force or violence.*" The reli
gion then of every man mult be left to the con
viction and confeience of every man,; and it is the
right of every man to exercise it as these may dic
tate. This right is in its nature an unalienable
right. It is unalienable because the opinion
of men, depending only on the evidence contem
plated by their own minds, cannot follow the
dictates of other men; it is unalienable alfoj
because what is here a right towards men, is h
duty towards the Creator, it is the duty of eve
ry nan to render to the Creator fuchhomage and
such only, as he believes to be acceptable to him ;
this duty is precedent, both in order of time, and
in degree of obligation,to the claims of civil society.
Before any plan can be considered as a member
of civil society, he mutt be considered as a fubjeft
of the Governor of the Uni^erfe : And if a mem
ber of civil fociety,who enters into any subordinate
association must always do it with a reservation of
his duty to the general authority, much more must
every man who becomes a member oQany particu
lar civil society, do it with a saving of his allegi
ance to the Universal Sovereign. We maintain
therefore, that in matters of religion, no man's
right is abridged by the inftitutian of civil society ;
and that religion is wholly exempt from its cogni
zance. True it is, that no other rule exists, by
which any question which may divide a society,
can be ultimately determined but by the will of
the majority ; but it is also true, that the majo
rity may trespass on the rights of the minority.
Because, If religion be exempt from the au
thority of the society at large, hill less can it be
subject to that of the legislative body. The latter
are but the creatures and vicegerents of the former.
Their jurifJ&on is both derivative and limited,, —
Is it limited, with regard to the co-ordinate de
partments ; more necessarily is it limited with re
gard to the constituents. The preservation of a
free government requires, not merely that the
metes and bounds which separate each depart
ment of power be invariably maintained, but more
especially, that neither of them be fuffcred to o
verleap the great barrier which defends the rights
of the people. The rulers who are guilty of such
an encroachment, exceed the commission from
which they derive their authority, and are tyrants.
The people who submit to it are governed by
laws made neither by themselves, nor by an au
thority derived from them, and are Haves.
Because, It is proper to take alarm at the firft
experiment on our liberties. We hold this pru
dent jealooty to be the firft duty of citizens, and
one of the noblest charatlittics of the late revolu
tion. The freemen of America did not wait un
til usurped power had strengthened itfelf by ex
ercise, and entangled the queffion in precedents.
They saw all the confluences in the principle,
and they avoided thednfeq fences by denying the
principle. We revere this leflon too much soon
to forget it. Who does not fee that the faniean
thority which can eflablilh Christianity, in cxclu
fiun of all other religions, may effablifh, with the ,
fame case, any particular feR of Chriflians, in ex
clusion of all other feds ? That the fame authori
ty which can force a citizen to contribute three
pence only of his property for the support of any
one edablifliment, may force him to conform to
any other eflabliihment, in all cases whatsoever.
Because, The bill violates that equality which
ought to be the bifis of every law ; and which is
more indispensable, in proportion as the validity
or expediency of any law is more liable to be im
peached. H" all men are by nature equally free
and independent,!" all men are to be considered
as entering into society on equal conditions, as
relinqnifiling no more, and therefore retaining no
less, one than another, of their rights. Above all
are they to be considered as retaining an “ equal
title to the free exercise of religion, according to
the dictates of conscience.#' Whilst we assert for
ourselves a freedom to embrace, to profefs, and
to observe the religion which Ce believe to be of
divine origin, we cannot deny an equal freedom
to those, whpfe minds have not yet yielded to the
evidence which has convinced us. If this freedom
be abofed, it is an offence against God, not against
man : To God therefore not to men, must an ac
count of it be rendered. As the bill violates e
qualiry by fubjeding some to peculiar burdens, so
it violates the fame principle, by granting to o
thers peculiar exemptions. Are the Quakers and
Menonifts the only feds who think a compulsive
support of their religions mineceffary and unwar
rantable ? Can their piety alone be intruded with
the care 01 public worship? Ought their religions
to be endowed, above all others, with extraordi
nary privileges, by which proselytes may be en
ticed from all others ? We think too favorably of
the justice and good sense of these denominations,
to believe, that they either covet pre eminences
over their fellow-citizens, or that they will be fe-.
duced by them, from the comriion oppolition to
the measure.
Because, The bill implies, either that the civil
magiflrate is a competent judge of religious truth,
or that he may employ religion as an engine of ci
vil policy. The lira is an arrogant pretention,
falfitied by the contradictory opinion of riders in
all ages, and throughout the world : The second
an unhallowed perverlion of the means of falya
tion.
Because, The establishment proposed by the Bill
is not requisite for the support of the Christian
Religion. To fay that it is, is a contradiction to
the Christian religion itfelf ; for every page of it
disavows, a dependence on the powers of this
world I It is a contradiction to fact ; for it is
known that this religion both exited and flourifh
ed, not only without the support of human laws,
but in spite of every opposition from therb ; and
not only during the period of miraculous aid, but
long alter it had been left to its own evidence,
and the ordinary care of Providence : Nay, it is a
contradiction of terms ; for a religion not invent
ed by human policy, mull have preexisted and
been supported, before it was established by hu
man policy. It is moreover to weaken in those
who profefs this religion, a pious confidence in its
innate excellence, and the patronage of its aii,
thor ; and to fuller in those who Bill reject it, a
suspicion, that its friends are too confeious of its
fallacies, to trust it to its own merits.
Because, Experience witneffeth, the ecclefiafli
cal establishments, inGead of maintaining the pu
rity and efficacy of religion, have had a contrary
operation. During.almoft fifteen centuries, has
te legal eflablilbment of Chrillianity been on tri
al. What have been its faults? More or less in
all places, pride and indolence in the clergy ; ig
norance and servility in the laity ; in both, fuper
flition, bigotry and perfecution+ Inquire of the
teachers of chrillianity for the ages In which it
appeared in its greatest luftre ; those of every fed
point to the ages prior to its incorporation with
civil policy. Propose a restoration of this primi
tive date, in which its teachers depended on the
voluntary rewards of their flocks ; many of them
predict its downfal. On which fide ought their
testimony to have greatell weight, when for, or
when against their interest ?
Because, The ellablifliment in queftibn is not
necessary for the flipport of civil government. If
it be urged as necessary for the support of civil
government, only as it is a means of supporting
religion ; and if it be net necessary for the latter
purpose, it cannot be necessary for the former
IF religion be not within the cognizance of civil
government, how can its legal establishment be
said to be necessary to civil government ? What
influence, in fad have ecclesiastical ettablifhments
had in civil society ? In some instances they have
been seen tp ered a spiritual tyranny on the ruins
of the civil authority ; in many instances they
have been seen upholding the thrones of political
tyranny ; in no inflance have they been seen the
guardians of the liberties of tire people. Rulers
who wished to subvert the public liberty, may
have found an established clergy, Convenient aux
iliaries. A just government, instituted to secure
and perpetuate it, needs them not. Such a gov
ernment will be bell supported by protesting eve
ry citizen in the enjoyment of his religion, with
the fame equal band, which proteds his person,
and his property ; by neither invading the equal
rights of any left , her fullering any fed to invade
those of another.
Because, The proposed eflatlifluxent is a de
parture from that generous policy ; which, offer
ing an afjlum to the persecuted and oppressed of
every nation and r< iigion, promised a lofire to
our country, and an accession to the number of its
citizens. What a melancholy mark is the Bill of
sudden degeneracy ? Inflead of bolding forth an
asylum to the persecuted, it is itfelf, a signal of
persecution. It degrades from the equal rank of
citizens all those whole opinions in religion do not
bend to those of the Legislative authority. Dis
taut as it may be from its present form, from the
Inquisition, it differs from it only in degree.—
The one is the fit 11 step, the other the last, in the
career of intolerance. The magnanimous fuffer
er under this cruel scourge in foreign regions,
muff view the Bill as a beacon on our coall, warn
ing him to feck some other haven, where liberty
and philanthropy, in their due extent, may offer
a mere certain repose from his troubles.
Because, It will defiroy that moderation and
harmony which the forbearance of our laws to
intermeddle with religion has produced among
its several feds. Torrents of blood have been
fpilt in the old world, by vain attempts of the se
cular arm to extinguifo religious difeord, by pro
fcriuing all differences in religious opinion. Time
has at length revealed the true remedy. Every
relaxation of narrow and rigotous policy, where
ever it has been tried, has been found to assuage
the disease. The American theatre has exhibited
proofs, that equal and complete liberty, if it doe,
not wholly eradicate it, fufficiently destroys its
malignant influence on the health add prosperity
of the State. If, with the salutary effects of this
fyflein under our own eyes, we begin to contrast
the bounds of religions freedom, we know no
name that will too faerely reproach our tolly.
At lead let warning be taken at the firft fruits of
the threatened innovation. The very appearance
of tire Bill has transformed " that -Christian for
bearance, love and charity," which of late mutu
ally prevailed, into animosities and jealousies,
which may not soon be appeased. What mif
chiefs may not be dreaded, Should this enemy to
the public quiet; be armed with the force ofa
law ?
Because, The policy of the Bill is adverse to
the diffusion of the light of Christianity. The
firft wish of those who enjoy this precious gift,
ought to be that it may be imparted to the whole
race of mankind. Compare the number of thofel
who have as yet received it, with the number still
remaining under the dominion o^falfe religions ; .
and bow small is the former ? Does the policy of
the Bill tend to lessen the disproportion ? No : It
at once difeourages those, w ho are flrangers to the
light of revelation, from coming into the region
of it, and countenances, by example, the nations
who continue in darkness, in Shutting out those
who might convey it to them. Indeed of level
ing as far as possible, every obstacle to the victo
rious progress of truth, the Bill, with an ignoble
and unchriflian timidity, would circumscribe it,
with a wall of defence against the encroachments
of error.
Because, Attempts to enforce by legal fanfttons,
a&s obnoxious to so great a proportion of cili-j
zens, tend to enervate the h.v.s in general, and to 1
slacken the bands ol society. If it be difficult to
execute any law which is not generally deemed
necelfary or salutary, what mull ce the case w here
it is deemed invalid and dangerous ? And what
• may be the effect of so Ur # king an example ol ini
potency in the government, on its general autho
rity ?
Because, A meafurb of such lingular magnitude
and delicacy ought not to be imposed, without
the cleared evidence that it is called for by a ma
jority of citizens : And no fatisfaftory method is
jet proposed, by which the voice of the majority
in this case may be determined, or its influence fc
cured. “ The people of the refpe&ive counties
are indeed requeued to lignify their opinion re
fpetting the adoption of the Bill, to the next fef
lion of Assembly." But the representation mull
be made equal, before the voice either of the Re
presentatives, or of the counties, Will be that <f
the people. Our hope is that neither of the for
mer will, after due confidcration, efpoule the
dangerous principle of the Bill. Should the event
disappoint us, it will still leave us in full confi
dence that a fair appeal to the lattes will reverse
the sentence against our liberties.
Because, Finally, “ The equal right of every
citizen to the free exercise of his religion, accord
ing to the dictates of confidence,", is held by the
fame tenure with all our other rights. If we re
cur to its origin, it is equally the gift of nature ;
if we weigh its importance, it cannot be the less
dear to us ; if we consult the “ declaration of
those rights which pertain to the good people of
Virginia, as the basis and foundation of govern
ment,"% it is enumerated with equal foltmnity,
or rather studied emphalis. Either then we mull
fay that the will of the Legislature is the only
measure of their authority, and that in the pleni
tude of this authority, they may sweep away all
our fundamental rights ; or that they are bound
to leave this particular right untouched & sacred:
Either we mult fay, that they may control the
Freedom of the press, may abolish the trial by ju
ry, may (wallow up the Executive and Judiciary
Powers of the State ; nay, that they may despoil
us of our very right of fuffrage, and erea them
selves into an independent and hereditary Afiem
bly ; or we must fay, that they have no authority
to enaa into law tie Bill under consideration.—
We, the Subferibers fay, that the general assembly
of this commonwealth have no such authority :
and that no effort may be omitted bn our part a
gainst so dangerous an usurpation, vie oppose to
it this remonstrance ; earneilly praying, as we are
in duty bound, that the Supreme Lawgiver of the
Universe, by illuminating those to whom it is ad
dressed, may on the one hand, turn their councils
from every aft which would affront His holy pre
rogative, or violate the trust committed to them:
And on the other; guide them into every measure
which may be worthy of his bleffiug, may re
dound to their own praise, and may establish
more firmly the liberties, the prosperity and the
happiness of the Commonwealth.
^Declaration of Rights, Art. XVI.
t Declaration of Rights, Art. I.
4 Article XVI.
% Preamble to the declas ation of rights.
Late foreign intelligence,
—rt-tfo^^g#/^'^*^- } —
LONDON, APRit, 20.
Yesterday we received the Paris papers to the
16th infl. they contain intelligence of the arrival
in the fouth of France, of the Osiris cutter from
Egypt ; with official dispatches from Alexandria,
to the 16th of March.
These papers contain a copy of the fabmiffion
of the Regency of Hanover to the terms enjoined
by our quandum faithful ally the King of Pruflia.
PARIS, APRIL 18.
The Maritime Prefect of Egypt, to the Minifler of
Marine, and of the Colonies.
Alexandria, 25th Ventofe, March 16.
CITIZEN MINISTER,
The Osiris Packet boat not having been able to
set fail yesterday, I take advantage of this delay
to inform ycu that the General in Chief Menou,
arrived at Rhamanie on the 20th. It is said that
he there concentrated the army. We expert him
before the 30th (Mar.h 21. if the English army
has not reimbarked before that day, it never will
re-imbark.
We have learnt nothing certain with regal'd to
the number of the enemy's ships of war. It is
said they have a number of Merchantmen armed
en-flute, which makes the number of the ships of
war appear much greater than it really is. It ap
pears that at the utmofl they have not more than
nine. Health and refpett.
LE ROY.
The Maritime Prefect to the First Consul.
Alexandria, March Is.
Citizen Chief Consul,
Tte military and naval officers will acquaint
you with our situation. Let me be allowed mere
ly to assure you, that the French whether be
longing to the land or sea service, will bury them
selves under the ruins of Alexandria, rather than
give up this important place. LE ROY.
Le Roy, Maritime Prefect of Egypt, to the Minis
ter of Marine, and of the Colonies.
Alexandria, 25 Ventofe (March 16.)
to Ventefe, March 1.
At two in the afternoon we difeovered in the
Well a numerous fleet belonging to the Enemy.
At fun set it collected, and made for the north
weft of the Old harbour. Tne generale was beat,
and the troops kept themselves in readiness to
march to whatever point Should be threatened.
The seamen were distributed among the different
p6rts. The enemy's fleet was as follows: 15
ships of the line, two deckers, 32 frigates, from
30 to 36 Hoops, brigs and bombs, and upwards of
70 traniports, moldy of heavy burthen. About
10 o'clock at night, the enemy fleered for the road
of Aboukir, and our troops immediately marched
towards that point.
It Ventofe —March 2.
At day break the fleet of the enemy prepared to
'anchor to the Ealt of the road of Aboukir. In the
morning the anchoring was completed.
In the coyrfe of the day the gwrifon of Atexan- ,
dria, under the orders ot General Friant, took a
position on the heights to the fouth of the road of
Aboukir.
iTVenfofe —Mirch 8.
At breat of day, the wind Wowing frefli and Lifting from
weft to southwest, the weather moderate and sea ca!m, the ene
my were plainly to be observed manoeuvring to effect a defeent.
All their transports weighed anchor, each of them being filled|
with troops. About half past fix o'clock in the morning they
were in motion towards tlw coast, betwixt the mouth of the
Lake Madie and the fort of Aboukir. Immediately out troops
Iwere1 were drawn up in battle array, opph & pl-ci. ~M ch so
i enemy menaced. At seven o'clert the enemy's row-boats
I forming an extentive line, and to the number of three or tout
hundred rowed btifk!y towards the sere. The debark ation was
begun under the cover cf a very warm and well directed tire
from their gnu boats, andxirhcr veffe's, on out treops. lire c n.
emy were availed by a well imported toe fiem our fd, pieces
ana a flower of g%c shot from t, or ,6 seres of cannon fre-'
pared for rhe purport.. Their line was however, s o ntuct ex
tended, that our troops were unable to fine them on all points
Six or leven thousand English uerc landed. Our troops, thongi
extremely inferior in number, threw themselves with ardour on
the enemy, and twice charged them at the point of the bavo.net.
The right of the English was almoit immediately routed, but re
inforced b, a hror.g column of the left, the french were
obliged to give way in their turn. The battle continued with
vigour until about nine o'clock, but perceiving that the enemy
were too numerous, and dreading by expoAng the garrison, to
endanger the fafety of Alexandria, the General fell back u-cil
this place, with his troops in the belt order. The treops have
taken up a position, about a league and an half from the field of
battle, their left supported by the sea, and their right bv 5e
lake Madie. The enemy remain in their position upon the
heights of Aboukit. We loft in this affair about 300 men in kil
led and wounded, while the 101 l of the enemy amounts to aooo.
On the 9th, loth, lith and lath March, the armies contin
ued in their refpedive portions. On the lath indeed a pretty
strong reconnoitring party of our army attacked the advanced
ports of the enemy, and killed, wounded or took prisoners from
17 to 20 men; including two officers. We loft on our part five
men in killed and wounded.
22 Ventofe —March 13.
At day break the alarm gun was fired; the Generale beating
to arms in the city, arid every one rep uted to his post ; the ene
my advanced in good order, forming a close and very extended
line. We waited with intrepidity to receive them. At 7 o'clock
in the morning the adion began along the whole line. The force
of the enemy seemed to amount to 12,000 men, the garrison,
reinforced with troops from the neighborhood, might amount
to 4.000 men, of Whom 600 were cavalry. The (hock was brilk
on both sides; our cavalry twice made a charge ; the second time
( hey penetrated to the centre of the enemy's line, and compel
led five or fix hundred men to lay dovn their arms. A strong
column of reserve having, however, attacked them with impctu
ofity, they were obliged to retire arid abandon their prisoners.
On the evening of the aid (March 13) the enemy mattea
movement on their left, which they considerably reinforced
Soon after a strong co umn attacked our right, and succeeded in
making themselves matters of the bridge of the canal of Alexan
dria. In a ihort period, ndwever the republicans retook it. 1
Thrice tile enemy feturned the charge on this point, and as often
were they repnlfcd with the greatest loss. At 5 o'cleck the ene
my re-occupied its former position.
The 2 3d was spent by the two armies in reconnoitring each
other's portions. The enemy in the morning and evening made
a variety of movements on their left. The cannon of Abcukir
have been heard firing all day. Three frigates have come to
cannonade the batteries on the pcninfnla of Figueries.
These several events appear to me to be of io much import
ance, that I take upon me, without waiting for the orders of the
Commander in chief,to dispatch the Osiris to give you intelligence
of them. Health and refyeft.
(Signed) ft LE ROY.
The Chief of Military and Movements, to the citi
zen Maratime Prefect of the 6th Difrift. Dated
Alexandria, March 16.
CITIZEN PREFECT,
The ill infl. at mid-day, the enemy's fleet was
perceived from Alexandria : which on their ap
proaching the fliore, lay to, and in the night ap
proached Aboukir. This fleet confiding of about
200 fail, among which were 23 large English fliips
and a great number ®f light veflels, moored in the
morning of the 2d in the bay of Aboukir. The
English cruising squadron, which blocked us up,
joined it and left our ports open. The frigate La
Regeneree, and the Lody took advantage of this
situation to enter into the old port. La Regene
ree moored at ten ih the morning, and the Lody
at four in theafternoon of the 2d. La Regeneree
thich left Rochefort the 13th of Feb. with the Af
ricaine, was separated from tfet frigate by a giift
of wind from the east, the day but one after their
departure. The Africaine has not yet appeared.
In the morning of the 2d, the General of Divi
sion, Friant, commanding at Alexandria, set out
for Aboukir, with a part of the garrison. The
sth, at night, two frigates ahd a brig, belonging
to the enemy, refamed their cruising. On the
morning of the Bth, the enemy filled all their
landing boats with people to the number of about
400. This force fleered into the Bay of Aboukir.
It landed in very good order, and formed in bat
tle array, the very moment it set foot on (bore
Our division performed prodigies of valour in op
poling its landing, but was obliged to yield to su
periority of numbers. The enemy succeeded in
landing from 6 to 7060 men, after a bloody bat
tle, in which they mutt have loft more than icoo
men, and in which the Republic had 250 wound-,
ed of taken prifoneis. The number df killed is
much less than that of the wounded : among the
latter is the Adj. Gem Martinet.
Gen. Friant fell back towards Alexandria, to
be always in readiness, and in a situation to cover,
that place. The enemy had not then palled the
Peniufula. The fort is Applied with a good gar
rison, and will resist their attempts. The brig
Lody has brought us an account of the conclusion
of peace with the emperor, and of the arrival of
the squadron of Adin. Gantheaume in the Medi
terranean. The days immediately after the land
ing were employed by the enemy in eflablifoing
themselves upon the Peninsula, after which they
wished to approach Alexandria. The advanced
polls had been exchanging foots for force days,
but on the 13th the enemy attempted to take pof
feflt i of some important polls Gen. Friant at
tacked them. The success of the battle Mas e
qually divided the u hole day ; but having made
an attempt to take the bridge of the canal of A
lexandria, they were repulsed and obliged to ri
bandon their operation. The engagement was
warm. The enemy loft from 2to gcco men, and
we have not bad more than 300 killed & wound
ed and taken. Some deserters have informed n<,
firtt, that the enemy's army confits of 15,000 men,
divided into 15 regiments, consisting of French
emigrants, Corsicans, and Imperial troops, and
the rest English. Secondly that the enemy's com
manders were, by sea Adm. Keith ; and, by land
Gen. Abercrombie.
The 14th the enemy made no movement.
The 15th in the niQrning,they attacked the fort
of Aboukir.
Within these few days the garrison of Alexan
dria has been reinforced, and now amounts to
from 4 to 5000 men.
We expeft, every day, the commander in ch : ef,
Menou, who, it is said, will arrive to-morrow
with the army. It is probable that th* combined
attack will succeed in forcing the enemy to reim
bark, should they not do so before.
The body of the enemy's fleet is atonchor at A
boukir. sor 6 frigates and other light veflels are
there conflantly, which blockade the port, and
cruise from Aboukir to Marabout.
Health and refpeft,
(Signed) GLTEN.
True Copy.
Vence, Maritime Prefe&,
Letters received from Malta aflert, that frn,
Abercrombie, attacked at the fame time by the
garrison of Alexandria and by Gen. Menou, in
person, who fell upon the left of the enemy, with
more than ro,ooo men, and 30 pieces of artillery,
has been completely routed. According to :hefe