Gazette of the United-States. (New-York [N.Y.]), 1789-06-10 00:00:00

Gazette of the United States.
[No. XVII.]
WEDNESDAY, JUNE 10, 1789.
[Published on Wednesday and Saturday.]
THE TABLET.—No. XVII.
"The habit of acquiring property begets a caution in parting with it."
MEN who possess a censorious temper are apt to complain, that people lose their inclination to do good, in proportion as their ability increases. This is hardly true in the extent which is commonly supposed, and even where the fact exists, it often deserves an apology. When a man prospers in business, his friends are too much inclined to imagine, that they have a claim to participate in his good fortune; and it often happens, that applications for assistance, to this prosperous man, multiply faster than his property enlarges. Every one, who meets with a refusal, charges him with unkindness, and really believes, that wealth has hardened his heart, and abated his regard for his friends.
It may be granted for once, that the fact fully authorises the charge, and that men grow avaricious as they grow rich. Some reasons, however, should be offered to explain and apologize for this change of disposition.
In the first place, it may be mentioned, that as men extend their business they find by experience, that they sustain more inconvenience than they expected, in assisting their acquaintance. The frequent disappointments and losses they meet with, by advances to their friends, destroy their confidence in mankind; and they suspect all, who have not given unequivocal proofs of their punctuality and knowledge of business. This loss of confidence is a powerful cause in restraining rich men from lending assistance to their less prosperous friends and neighbours. When they formerly seemed more disposed to patronise others, they did not anticipate the consequences, that would result from indulging a temper of undistinguishing liberality.
Another reason for this change of disposition, which is complained of, may be drawn from the influence that prosperity unavoidably produces over the mind. The sympathetic impulses do not operate vigorously, where there is no similarity of circumstances. A man, entering into business with a small capital, has occasion to ask assistance; and when it is asked of him, he denies with some reluctance, because he has a fellow-feeling with him who solicits it. But when he becomes independent, he forgets the pleasure and advantage that are derived from benevolent aid, and therefore his sensibility does not, as formerly, prompt him to grant the favors that are requested.
A third reason results from the nature of the human constitution. Avarice and precaution are among the attendants of old age. If therefore we perceive a man, who was benevolent and friendly when he was young, assuming a different character when he becomes old, we must, in addition to the other causes that have been enumerated, suppose that he is acting agreeably to a law of his nature.
MR. FENNO,
EVERY friend to the rights of conscience, equal liberty and diffusive happiness, must have felt pain on seeing the attempt made by one of your correspondents, in the Gazette of the United States No. 8, May the 9th, to revive an odious system of religious intolerance.—The author may not have been fully sensible of the tendency of his publication, because he speaks of preserving universal toleration. Perhaps he is one of those who think it consistent with justice to exclude certain citizens from the honors and emoluments of society, merely on account of their religious opinions, provided they be not restrained by racks and forfeitures from the exercise of that worship which their consciences approve.—If such be his views, in vain then have Americans associated into one great national union, under the express condition of not being shackled by religious tests; and under a firm persuasion that they were to retain when associated, every natural right not expressly surrendered.
Is it pretended that they, who are the objects of an intended exclusion from certain offices of honor and advantage, have forfeited by an act, or treaty against the United States, the common rights of nature, or the stipulated rights of the political society, of which they form a part? This the author has not presumed to assert. Their blood flowed as freely (in proportion to their numbers) to cement the fabric of independence as that of any of their fellow-citizens: They concurred with perhaps greater unanimity than any other body of men, in recommending and promoting that government, from whose influence America anticipates all the blessings of justice, peace, plenty, good order and civil and religious liberty. What character shall we then give to a system of
policy, for the express purpose of divesting of rights legally acquired those citizens, who are not only unoffending, but whose conduct has been highly meritorious?
These observations refer to the general tendency of the publication, which I now proceed to consider more particularly. Is it true as the author states, that our forefathers abandoned their native home; renounced its honors and comforts, and buried themselves in the immense forests of this new world, for the sake of that religion which he recommends preferable to any other? Was not the religion which the emigrants to the four southern States brought with them to America, the pre-eminent and favored religion of the country which they left? Did the Roman Catholics who first came to Maryland, leave their native soil for the sake of preserving the Protestant church? Was this the motive of the peaceable Quakers in the settlement of Pennsylvania? Did the first inhabitants of the Jerseys and New-York, quit Europe for fear of being compelled to renounce their Protestant tenets? Can it be even truly affirmed that this motive operated on all, or a majority of those who began to settle and improve the four eastern States? Or even if they really where influenced by a desire of preserving their religion, what will ensue from the fact, but that one denomination of Protestants sought a retreat from the persecution of another? Will history justify the assertion that they left their native homes for the sake of the Protestant religion, understanding it in a comprehensive sense as distinguished from every other?
This leading fact being so much mistated, no wonder that the author should go on bewildering himself more and more. He asserts that the religion which he recommends, laid the foundation of this new and great empire; and therefore contends it is entitled to pre-eminence and distinguished favor. Might I not say with equal truth, that the religion which he recommends exerted her powers to crush this empire in its birth, and still is laboring to prevent its growth? For, can we so soon forget, or now help seeing, that the bitterest enemies of our national prosperity profess the same religion as prevails generally in the United States? What inference will a philosophic mind derive from this view, but that religion is out of the question? That it is ridiculous to say, THE PROTESTANT RELIGION IS THE IMPORTANT BULWARK OF OUR CONSTITUTION? That the establishment of the American empire was not the work of this or that religion, but arose from a generous exertion of all her citizens to redress their wrongs, to assert their rights, and lay its foundations on the soundest principles of justice and equal liberty?
When he ascribed so many valuable effects to his cherished religion, as that she was the nurse of arts and sciences, could he not reflect, that Homer and Virgil, Demosthenes and Cicero, Thucydides and Livy, Phidias and Apelles flourished long before this nurse of arts and sciences had an existence? Was he so inconsiderate as not to attend to the consequences, favorable to Polytheism, which flow from his reasoning? Or did he forget that the Emperor Julian, the subtle and inveterate enemy of christianity, applied this very same argument to the defence of Heathenish superstition? The recollection of that circumstance may induce him to suspect the weight of his observation, and perhaps to doubt of the fact, which he assumed for its basis.
But he tells us that Britain owes to her religion her present distinguished greatness: a gentle invitation to America to pursue the same political maxims, in heaping exclusive favors on one, and depressing all other religions!
But does Britain owe indeed the perfection and extent of her manufactures, and the enormous wealth of many individuals to the cause assigned by this author? Can he so soon put it out of his mind, that the patient industry so natural to English artificers, and the long monopoly of our trade, and that of their dependencies, by increasing the demand and a competition among her artisans, contributed principally to the perfection of the manufactures of Britain? And that the plunder of Indian provinces poured into her lap the immense fortunes which murder and rapacity accumulated in those fertile climes? God forbid that religion should be instrumental in raising such greatness!
When the author proceeds to say, that the clergy of that religion, which operated such wonders in Britain, boldly and zealously stepped forth and bravely stood our distinguished sentiments to bring about the late glorious revolution, I am almost determined to follow him no further: He is leading me on too tender ground, on which I chuse not to venture. The clergy of that religion behaved, I believe, as any other clergy would have
done in similar circumstances: But the voice of America will not contradict me, when I assert that they discovered no greater zeal for the revolution, than the ministry of any other denomination whatever.
When men comprehend not, or refuse to admit the luminous principles on which the rights of conscience and liberty of religion depend, they are industrious to find out pretences for intolerance. If they cannot discover them in the actions, they strain to cull them out of the tenets of the religion which they wish to exclude from a free participation of equal rights. Thus this author attributes to his religion the merit of being the most favorable to freedom, and affirms that not only morality but liberty likewise must expire, if his clergy should ever be contemned or neglected: all which conveys a refined insinuation, that liberty cannot consist with, or be cherished by any other religious institution; and which therefore he would give us to understand, it is not safe to countenance in a free government.
I am anxious to guard against the impression intended by such insinuations; not merely for the sake of any one profession, but from an earnest regard to preserve inviolate for ever, in our new empire, the great principle of religious freedom. The constitutions of some of the States continue still to intrench on the sacred rights of conscience; and men who have bled, and opened their purses as freely in the cause of liberty and independence, as any other citizens, are most unjustly excluded from the advantages which they contributed to establish. But if bigotry and narrow prejudices have prevented hitherto the cure of these evils, be it the duty of every lover of peace and justice to extend them no further. Let the author who has opened this field for discussion, be aware of slyly imputing to any set of men, principles or consequences, which they disavow. He perhaps may meet with retaliation. He may be told and referred to Lord Lyttleton, as zealous a Protestant as any man of his days, for information, that the principles of non-resistance seemed the principles of that religion which we are now told is most favourable to freedom; and that its opponents had gone too far in the other extreme.*
He may be told farther, that a Reverend Prelate of Ireland, the Bishop of Cloyne, has lately attempted to prove, that the Protestant Episcopal church is best fitted to unite with the civil constitution of a mixed monarchy, while Presbyterianism is only congenial with republicanism. Must America then yielding to these fanciful systems, confine her distinguishing favors to the followers of Calvin, and keep a jealous eye on all others? Ought she not rather to treat with contempt these idle, and generally speaking interested speculations, refuted by reason, history, and daily experience, and rest the preservation of her liberties and her government on the attachment of mankind to their political happiness, to the security of their persons and their property, which is independent of religious doctrines, and not restrained by any?
PACIFICUS.
* See dialogues of the dead, 1st dialogue.
SKETCH OF THE POLITICAL STATE OF AMERICA.
[Continued from No. XVI.]
AS an impartial and able interpretation of the laws and regulations of a country, which determine the merits or demerits of its citizens, is necessary to secure the life, liberty, and property of the subject, and ought to be placed in a distinct and separate body of men independent of the other branches of government, the constitution of the United States has wisely provided for the establishment of a national judiciary, competent to the deliberation upon, and determination of, those disputes and causes, civil and criminal, between individuals only and between individuals and the community, to which the present existing judiciaries would not have been competent, their researches and practices being rather confined to corporate and municipal law, and not involving the great and extensive objects of national jurisprudence: The simple self evident proposition, that the means ought ever to be commensurate with the end designed, points out the need of a national judiciary; the inconveniences and incompatibilities which must have necessarily resulted from the interpretation of the national laws by the State judicial courts, the partial determinations to be feared from juries so impanelled as to have their corporate if not personal interest affected by the issue of many causes; the strong bias of separate interests and views, are so many farcisms upon the idea, and appear so obviously improper to the thinking mind as to make any more particular illustrations unnecessary.

FROM Britain's sea-girt Isle, Where FLORA's richest smile Luxuriant glows— To this then desert waite, By Savages possist— To be with Freedom blest, In calm repose: Our enterprizing Sires, Warm'd with fair Freedom's fires, Advent'rous came, Here they their dwelling made, Their standard here display'd— Beneath the wild woods shade, Set up their claim. By faithless foes compell'd To tread the sanguine field, Unkill'd in war, This Institution made To teach its martial trade, To wield the shining blade The foe to dare. While the fame martial fire, That did their breasts inspire, Our bosoms warms, May we with equal zeal, Pursue the public weal, Nor fear the bloody steel, If call'd to arms. Illustrious FOUNDERS hail, This day your patriot zeal, Your Sons proclaim. Your names we venerate, Your glory emulate, And tell our sons how great, Their grandfathers fame. Hark! The loud trumps proclaim WASHINGTON's glorious name, Charge! Fill again, Fill the bowl—fill it high, First born Son of the Sky, May he never, never die, Heaven shout—AMEN.
After which the company marched into the square on the common, prepared for its reception—and elected Brigadier-General HULL, Captain. Major ANDREW CUNNINGHAM, Lieutenant. and Captain TURNER PHILLIPS, Ensign.
We must not forget to mention, that among the voluntaries , their Most Christian and Britannic Majesties' healths were drank: Nor to omit mentioning the polite and pleasing deportment of the officers of his Britannic Majesty's frigate—who heartily joined in the universal hilarity—and who received from every one present all due attention, agreeably to the spirit of our memorable Declaration of Independence, which declares, that "we hold the King and subjects of Great Britain, as we do the rest of the world, ENEMIES in War, in Peace FRIENDS."
The Hall was elegantly decorated. At the entrance was a bower, and at the upper end Eleven connected Pillars, all of evergreen: Between the centre pillars was placed a full-length portrait of the illustrious President of the United States, over which was an obelisk, eight feet in length, designed and finely executed by JOHNSON, representing at the top the all-pervading Eye , diffusing its influence on our Fabius, with the words, " Fideles Protego ," wrote over it.—In the centre, a winged Cherub, crowning THE PRESIDENT with a Chaplet of Laurel , incircling the words, " Premium Virtutis "—the words " sic itur ad Astra ," on a garter extending on each side of the Cherub—and from the wall hung several judiciously placed festoons and clusters—the whole decorated with flowers of various tints—which, while dispensing an agreeable odour, struck the eye very pleasingly. Two large American colours, half displayed, and attached to the wall on each side THE PRESIDENT, had a fine effect. To the credit of the gentlemen who executed these decorations, we add, that the thousands who visited the Hall to view them, had but one opinion of them—and that an applauding one
The PUBLIC GOOD.—An O D E.
DRIV'N out from Heav'n's ethereal domes, On earth insatiate Discord roams, And spreads her baneful influence far; On wretched man her scorpion stings, Around the assiduous fury flings, Corroding every bliss, and sharp'ning ev'ry care. Hence Demon, hence, in tenfold might Thy stygian spells employ, Nor with thy presence blast the light Of that auspicious day, that gives COLUMBIA joy.
But come thou softer deity, Fairest unanimity! Not more fair the star that leads Bright Aurora's glowing steeds, On our Helper's front that shines, When the garish day declines; Bring thy usual train along, Festive dance and choral song, Loose rob'd Sport, from folly free, And mirth restrain'd by decency.
United, let us all those blessings find, The God of nature meant mankind; What'er of error ill redrest, What'er of passion, ill repress, What'er the wicked have conceiv'd, And folly's heedless sons believ'd— Let all lie buried in oblivion's flood, And our great cement be the PUBLIC GOOD.
Enough of war the pensive muse has sung, Enough of slaughter trembled on her tongue, Then fairer prospects let her bring, Than hostile fields and scenes of blood; Since happier hours are on the wing, Haste! let's promote the public good.
No more our tears again shall flow, Shut are the portals of our woe.
Bright ey'd HOPE, thy pleasing power, Gilds at length the present hour; Every anxious thought beguiles, Dress's every face in smiles, Nor lets one transient cloud the bliss destroy, Of this auspicious day, that gives COLUMBIA joy.
The POLITICIAN.
AN EXTRACT.
A Politician should have a large and elevated soul. It is not sufficient, that his penetration is rapid, that his judgment is acute, that he is possessed of that vast and happy species of imagination which invents, distributes, connects; which sees at once the whole, and all its parts; which puts the mass in agitation, and gives warmth and vigor to all its dependencies: He must join to all these an elevation of sentiment, or his character is imperfect.
The perfect propriety of having a national judiciary, to interpret the laws made by a national legislature; and to decide upon the causes which naturally come within the cognizance of those laws, intuitively produces conviction in the mind, from only a cursory glance of the subject; and that this establishment, co-equal with the objects it involves should also be co-existent with those objects, is what as readily strikes the mind with its necessity and propriety: The application of this will discover the need of commencing the judiciary with the revenue system, as that may perhaps be almost as productive of causes subject to its inspection and decision, as of income to the public treasury; but the multiplicity and variety of disputes and contentions, which the pride, the anger, the desire of revenge, the avarice, the knavery, and the operation of the diverse prejudices and passions of mankind, give rise to re innumerable, and flow as natural from their various sources, as streams from their several fountains—and their recital (if possible) would only serve to torture the benevolent mind, and wring with anguish the softer sensations of the human heart: That every moment of time, presents additional reasons for laws and regulations, among men, all will be ready to acknowledge:—How to form those laws and regulations, in a manner most advantageous, and most completely, so as to alleviate the evils, and soften the ill effects, which accrue to mankind, from an unlimited sway of their passions; as also to avoid the disadvantages, which, in many cases, must spring to them from these very forms, and the abuse of law practices; a task honorable in itself, and must be peculiarly grateful to the fine feelings which actuate the mind of the enlightened philosopher and accomplished statesman: Though the national Constitution, which is no more than general principles thrown into form, for the guide of our Legislators, and to be readily resorted to, could not take cognizance of every case and particular object; and though it has not explicitly provided for a trial by jury (that inestimable privilege of freemen) in all causes, yet it has no where opposed or forbid it: And the operation of those feelings and principles abovementioned, will, I am confident, from the characters of the men who have the plan of the judiciary system now in contemplation, prompt them to grant every latitude, in this and all other respects, which a regard to freedom and the rights of human nature demand, and which will not involve in its consequences greater evils and embarrassments, than those which it is intended to remedy;—their uniform patriotism, their tried integrity, claim this presumption upon their conduct, and the liberal mind will be hurt to withhold it:—But here suffer me again to observe, what cannot be too often urged, or too strongly inculcated, that in framing the judiciary system, a sacrifice of local views and partial prejudices, will be found peculiarly necessary, to establish it on proper grounds—to assist its great and good design—to avoid expence, and produce the most ease and benefit to the subject.—Private virtue, and public happiness, are inseparably connected; and while the comprehensive eye of the statesman takes a view of the happy effect of this principle, his able hand will be extended by all possible means to preserve the morals of the community, in giving every encouragement to virtue, industry, and good conduct, on the one hand, and by the rigid punishment of vice, in all its haggard forms, on the other;—he will nicely watch the various fluctuations, which arise from many sources, to mar the happiness of society, and carefully endeavour to preserve those balances between the contending passions and opposing interests of mankind; which, without such direction, must lead to confusion and misery, but with it, may be made to produce order and happiness.
AMERICANUS.
ARTILLERY ELECTION.
BOSTON, JUNE 3. On Monday last, agreeably to their charter, the Ancient and Honorable Artillery of this Commonwealth held their anniversary election.
After attending divine service, which was performed by the Rev. Mr. BARNARD, of Salem, who delivered an ingenious sermon adapted to the occasion, a PROCESSION was formed in the following order, escorted by the company, and preceded by a Band of Music, all in elegant uniform.
 Lt. Gov. ADAMS.—Hon. Mr. BOWDOIN.  The Hon. Council.  President—and other Senators.  Judges of the Supreme Court.  Speaker, and other Members of the House.  The Selectmen, and other Town Officers.  The Clergy.  The Hon. Consul of France.  Continental Civil Officers.  Officers of Cadets—Castle William—Light Infantry—Artillery—Fusiliers—all in uniforms, &c.  Capt. LINZEE,  and five other Officers of his Britannic Majesty's frigate Penelope .  Honorary Members, &c. 
The whole amounting to about 200, proceeded to Faneuil-Hall, where they all partook at a sumptuous and elegant entertainment.
After dinner, the following, among other toasts were given.
 1. The illustrious THE PRESIDENT of the United States—[three cheers.] His Excellency the VICE-PRESIDENT, and the Congress of the United States. His Excellency JOHN HANCOCK. May the influence of the Federal Government be felt by, and promote the happiness of each individual under it. 
After the first toast, the following Ode was sung by Mr. Rea, Col. Waters, Capt. Wells, and others.
SKETCH of PROCEEDINGS of CONGRESS.
In the HOUSE of REPRESENTATIVES of the UNITED STATES.
MONDAY, JUNE 8, 1789.
Hon. MICHAEL J. STONE member from Maryland appeared in the House, and took the oath.
Mr. GOODHUE introduced a petition from NICHOLAS PIKE of Newbury-Port, Massachusetts—the prayer of which was, that Congress would pass a law, to secure to him his property in a work which he had published with great labor and expense, entitled A COMPLEAT SYSTEM OF ARITHMETIC—this was referred to the committee appointed to bring in a bill to secure to authors the benefit of their publications.
Upon motion it was voted, that the several petitions from Tradesmen and Manufacturers, should be transmitted to the Senate.
Mr. MADISON, agreeably to notice, moved that the House now form itself into a committee of the whole, upon the state of the Union, to take into consideration the subject of amendments agreeably to the 5th article of the Constitution.
Mr. SMITH (of South-Carolina) suggested the inexpediency of taking up the subject at the present moment, in a committee of the whole, while matters of the greatest importance and of immediate consequence were lying unfinished. The great business of the revenue appeared to him to claim a constant and uninterrupted attention till completed—he moved therefore, that instead of referring the subject to a committee of the whole, a select committee should be raised, to take into consideration the amendments proposed by the several States.
Mr. JACKSON—I am opposed, Sir, to taking up the subject of amendments to the Constitution, till we have had some experience of its good or bad qualities.—The Constitution may be compared to a ship that has never yet put to sea—she is now laying in the dock—we have had no trial as yet; we do not know how she may steer—what sort of a helm she carries—we can not determine with any precision, whether she sails upon an even keel or no—Upon experiment she may prove faultless, or her defects may be very obvious—but the present is not the time for alterations.—Very important and urgent business now requires the attention of this honorable body—business of such consequence as that of revenue, without which the constitution is of very little importance in itself considered.—Should amendments now be taken up, it will be months perhaps before we can get through with them—mean time the important interests of our constituents are sacrificed. The State that I have the honor to represent, has ratified the Constitution without specifying any amendments, they are satisfied with it, in its present form; till experience shall point out its defects—I move therefore, Sir, that the consideration of the subject of amendments be postponed till the first day of March, 1790.
Mr. GOODHUE observed, that though he considered it as being premature to take up the subject of amendments at the present time; yet he could not conceive the propriety of postponing the matter to so long a period—it certainly was the general idea that amendments should be considered, and a regard to the wishes of our constituents required that they should be attended to as soon as public interest permitted.
Mr. BURKE made some objections of a similar import with those which fell from Mr. Goodhue—and thought that the subject of the revenue, was of the greatest importance to be immediately attended to.
Mr. MADISON observed, that the subject had been postponed from time to time—that the members might have opportunity more fully to make up their judgments upon it—a fortnight has elapsed since the first assigned period, and if the motion for a further distant period should be adopted, it would be construed into a design, to take no serious notice of the business—the propositions for amendments to the constitution came from various quarters, and those the most respectable, and therefore to give some degree of satisfaction, it seemed necessary, that Congress should as soon as possible, attend to the wishes of their constituents—He did not propose that a full investigation should immediately be gone into—but to quiet the apprehensions of a great many persons, respecting the securing certain rights, which it was supposed were not sufficiently guarded, he thought it necessary, that Congress should commence the enquiry, and place the matter in such a train as to inspire a reasonable hope and expectation, that full justice would eventually be done to so important a subject—He therefore renewed his motion for the House to go into a committee of the whole, that the investigation of the business might at least commence.
Mr. SHERMAN supposed, that taking up the subject of amendments at this time would alarm more persons than would have their apprehensions quieted thereby—He thought that the necessity of amendments would be best pointed out by the defects, which experience may discover in the constitution.

A message was received from the Senate, informing the House, that they had concurred in their vote of the 28th of May—by which every member is to be furnished with a compleat set of the journals of the late Congress.
Mr. WHITE observed, that the subject of amendments was of very extensive importance—he supposed that the House could not, with any propriety, defer their consideration any longer; for although the Constitution had been so generally ratified, yet it was evident, that alterations and amendments were expected by perhaps a majority of the people at large.
Mr. SMITH (S. C.) then introduced a proposition, for the appointment of a select committee, to take the business into consideration, and report.
Mr. PAGE was in favour of a committee of the whole, and urged the propriety of commencing the enquiry without any further delay, as a measure that would be productive of very happy consequences.
M. VINING was opposed to the measure for several reasons—the incompleteness of the revenue and judiciary systems;—these, he urged, ought to be finished previous to a discussion of amendments: The judiciary system may provide a remedy for some of the defects complained of—and without giving the Constitution any operation, it was impossible to determine what were defects, or not—and what alterations were necessary.—He further observed, that he conceived it necessary, previous to any discussion of the subject, that it should be ascertained whether two-thirds of the House and Senate were in favour of entering upon the business—he supposed that the voice of two thirds were as requisite to sanction the expediency of the measure, as they were to the adoption of amendments—He was fully of opinion, that experience alone, could ascertain the real qualities of the Constitution—The people are waiting with anxiety for the operation of the Government—What has Congress done?—Have they passed a revenue law?—Is not the revenue daily escaping us?—Is it not of immense consequence to compleat the system?—Let us not perplex ourselves, by introducing one weighty and important question after another, till some decisions are made: This mode of introducing one piece of business, before a former one is compleated, tends to confuse the mind, and incapacitate it from doing full justice to any subject—He hoped, therefore, that the House would not go into a committee of the whole upon this business.
Mr. MADISON conceded to the motion for chusing a select committee—He then observed, That he thought it would be attended with salutary effects, should Congress devote, at the present time, so much at least as one day to this business, to convince the world, that the friends of the Constitution were as firm friends to liberty as those who had opposed it: The advocates for amendments are numerous and respectable—some alteration of the Constitution lays with great weight upon their minds—they merit consideration.—He urged the expediency of the measure, from the situation of Rhode-Island and North-Carolina—He had no doubt that it would conciliate them towards the Union, and induce them to unite, and again become branches of the great American Family.—He was, he observed, in favour of sundry alterations, or amendments, to the Constitution—he supposed that they could be made without injury to the system—He did not with are-consideration of the whole—but supposed that alterations might be made, without effecting the essential principles of the Constitution, which would meet with universal approbation;—these he would propose should be incorporated in the body of the Constitution.—He then mentioned the several objections which had been made by several of the States, and by people at large:—A bill of rights has been the great object contended for—but this was one of those amendments which he had not supposed very essential.—The freedom of the press, and the rights of conscience, those choicest flowers in the prerogative of the people, are not guarded by the British Constitution:—With respect to these, apprehensions had been entertained of their insecurity under the new Constitution; a bill of rights, therefore, to quiet the minds of people upon these points, may be salutary.—He then adverted to the several bills of rights, which were annexed to the Constitutions of individual States;—the great object of these was, to limit and qualify the powers of Government—to guard against the encroachments of the Executive.—In the Federal Government, the Executive is the weakest—the great danger lies not in the Executive, but in the great body of the people—in the disposition which the majority always discovers, to bear down, and depress the minority.
In stating objections which had been made to affixing a bill of rights to the constitution, Mr. MADISON observed, that objections to a continental bill of rights applied equally to their adoption by the States—The objection to a bill of rights, from the powers delegated by the Constitution, being defined and limited, has weight, while the Government confines itself to those specified limits; but instances may occur, in which those limits may be exceeded, by virtue of a construction
of that clause empowering Congress to make all necessary laws to carry the Constitution into execution—The article of general warrants may be instanced.—It has been observed, that the Constitution does not repeal the State bills of rights;—to this it may be replied, that some of the States are without any—and that articles contained in those that have them, are very improper, and infringe upon the rights of human nature, in several respects.—It has been said, that bills of rights have been violated—but does it follow from thence that they do not produce salutary effects: This objection may be urged against every regulation whatever.—From these, and other considerations, Mr. Madison inferred the expediency of a declaration of rights, to be incorporated in the Constitution.
Mr. MADISON further observed, That the proportion of Representatives had been objected to—and particularly the discretionary power of diminishing the number.—There is an impropriety in the Legislatures' determining their own compensation, with a power to vary its amount.—The rights of conscience; liberty of the press, and trial by jury, should be so secured, as to put it out of the power of the Legislature to infringe them.—Fears respecting the judiciary system, should be entirely done away—and an express declaration made, that all rights not expressly given up, are retained.—He wished, that a declaration upon these points might be attended to—and if the Constitution can be made better in the view of its most sanguine supporters, by making some alterations in it, we shall not act the part of wise men not to do it—He therefore moved for the appointment of a committee, to propose amendments, which should be laid before the Legislatures of the several States, agreeably to the 5th article of the Constitution.
Mr. JACKSON observed, That the Hon. Gentleman's ingenious detail, so far from convincing him of the expediency of bringing forward the subject of amendments at this time, had confirmed him in the contrary opinion: The prospect which such a discussion opened, was wide and extensive, and would preclude other business, of much greater moment, at the present juncture—He differed widely from the Gentleman, with regard to bills of rights—several of the States had no such bills—Rhode-Island had none—there, liberty was carried to excess, and licentiousness triumphed—In some States, which had such a nominal security, the encroachments upon the rights of the people had been most complained of.—The press, Mr. Jackson observed, is unboundedly free—a recent instance of which the House had witnessed in an attack upon one of its members—A bill of rights is a mere ignis fatuus , amusing by appearances, and leading often to dangerous conclusions.—I repeat it, Sir, the present is not the time to bring forward amendments—they must be speculative and theoretical in the very nature of things, and may themselves be the subjects of future amendments.—This consideration points out in the clearest manner, the propriety of waiting the result of experiment, to determine the merits of the Constitution: To that let us refer the subject, and not waste our time in useless speculations.
Mr. GERRY thought it unnecessary to go into a committee of the whole upon this subject at the present moment.—He did not think such a step necessary to satisfy the people, who are fully sensible that Congress is now engaged in the great objects of the government—he wished however, that as early a day as possible, might be assigned, that the mode of another convention might not be thought of—in which we might lose the most essential parts of the constitution—he observed, that he was not a blind admirer of the system, there were defects as well as beauties in it—but as it was now become the constitution of the Union, he conceived, that the salvation of the country depended upon its establishment, amended or not.—He was further in favor of an early day, on account of North-Carolina and Rhode-Island , as the accession of these States to the Union was very desirable, and good policy dictated that every proper step should be taken to expedite that event.—He was opposed to referring the matter to a select committee—as derogatory to the dignity of the States—he conceived the whole of the amendments proposed by the several conventions should come immediately before the House—The faith of Congress ought to be considered as pledged to take up this business upon the most extensive scale—He moved therefore, that all the various propositions for amendments should be referred to a committee of the whole, and that an early day be assigned to go into a full investigation of the subject—and proposed the first Monday in July.
Several other gentlemen spoke upon the subject, when Mr. MADISON arose and withdrew his last motion for a select committee, and then submitted to the House a resolve comprizing a number of amendments to be incorporated in the constitution, these he read for the consideration of the House.
Mr. LIVERMORE was opposed to this resolve—he conceived it entirely improper for any indi-
vidual member to propose any particular number of amendments, which do not take up the different amendments proposed by the several States.
Mr. PAGE and Mr. LEE severally rose to justify Mr. Madison, they thought themselves under great obligations to him, and conceived that the mode he had adopted was just and fair—and calculated to bring the attention of the House to a proper point in determining the subject.
Mr. MADISON observed, that it was necessary the subject should be brought forward in some form or other—after waiting a considerable time for others to do it—he had thought proper to propose the form, now submitted to the House—newspapers and pamphlets were the repositories of the several amendments—those were not the proper sources—the resolve is now before the House, and they may do what they think proper with it.
Mr. LAWRANCE moved, that the resolve introduced by Mr. Madison, should be submitted to the consideration of a committee of the whole on the state of the Union.
Mr. BOUDINOT proposed a select committee to consist of a member from each State.
After a few more observations the motion of Mr. Lawrance being put was carried in the affirmative.—The House then adjourned.
TUESDAY, JUNE 9, 1789.
House met pursuant to adjournment.
Upon motion it was voted, that this day fortnight the House will resolve itself into a committee of the whole, to take into consideration the report of the committee respecting the enrollment, attestation, &c. of the acts of Congress.
It was moved, that the rule of the House which enjoins a division of the members, in case of doubt as to the decision of any question, should be amended, by saying, that the members in the affirmative should rise in their places, and stand till counted—this motion obtained.
The House then resolved itself into a committee of the whole, and resumed the bill on the collection of the revenue.
Ports of delivery under consideration.
Previous to making any further nomination of such ports—it was moved, that the shores, bays, rivers, creeks and harbours, be divided into as many districts as there are ports of entry in the United States.—This motion after a discussion was adopted.
It was moved to insert a clause, whereby masters of ships and other vessels loaded with goods, wares, and merchandise, and bound into the United States from any foreign port, should be obliged to produce duplicate manifestos of their respective cargoes, to any officers of the customs that may demand the same, previous to their entering the ports of destination.
This motion gave rise to a lengthy conversation which terminated in withdrawing the motion.
It was then voted, that a COLLECTOR, a NAVAL OFFICER, and a SURVEYOR should be appointed for each of the following ports, viz. Boston, New-York, Philadelphia, Baltimore, Norfolk and Portsmouth, Alexandria, Virginia; Georgetown in Maryland, Charleston, South-Carolina, and Savanna. —The committee then rose and the House adjourned.
NEW-YORK, JUNE 10, 1789.
It is indeed a substantial right, that all the laws of the country should be made by representatives chosen by the great body of the people. In this the body of the people have strong hold of government. If they will always keep good hold of this right, and use it properly, the government will be free and happy. If they will be faithful to themselves and their country; in always turning out and choosing the most honest and able men they have for their representatives, their rights and liberties will be well secured, and there is no danger but the government will go on well. It should be felt as one of the most important and conscientious duties, to be honest and faithful in the choice of their representatives. But if the body of the people will stay at home at such times, and suffer men who have nothing but self interest at bottom, to push forward and get to be the law makers of the land, the new constitution will be no better than the old. One easy maxim well followed, will now keep us all safe, let every man that has a right to vote, make a point always to attend every election, and impartially vote for such, as he thinks most honest and most able to serve their country.
There is one advantage which we may promise ourselves from the thorough investigation of the Revenue System—it will come forth at last in greater perfection.
Perhaps there is no part of legislation so difficult as to devise the most easy and acceptable methods of raising the necessary revenue from the pockets of the people: all wise and patriotic rulers are as solicitous to adjust the public burdens upon the scale of equity, as they are to realize sufficient funds for the support of just government.
Extract of a letter from Boston, dated June 4, 1789.
There has been three important seizures of goods, made by the revenue officers, within these few days. This will pave the way for an efficient execution of the new laws.
Since sealing the letter, I am credibly informed, that a resolution has been made, in the General Court, by Mr. HENSHAW, that a joint Committee be appointed to prepare an address to the President of the United States, congratulating him on his appointment—expressing the attachment of the Legislature to his person—and their intention to give every assistance to his exertions for promoting the common good, agreeably to the Federal Constitution. The motion being seconded, passed in the affirmative unanimously. Mr. HENSHAW, Dr. JARVIS, and Mr. MASON were chosen on the part of the House.
There have arrived in this port since Friday last, upwards of 30 sail of vessels.
In our paper of 30th ult. we gave an extract from the instructions of the Duke of Orleans: The sketches handed us on Saturday, do not correspond with them—we therefore request some satisfaction as to their genuineness, before they appear.

The RIGHT CONSTITUTION of a COMMON-WEALTH EXAMINED.
[Continued from our last.]
Camillus, to spare himself reproach and envy, Dictator as he was, wrote to the senate, "that by the favor of the Gods, his own exertions, and the patience of the soldiers, Veii would soon be in his hands, and therefore he desired their directions what to do with the spoils." The senate were of two opinions: Licinius was for giving notice to all the citizens that they might go and share in the plunder; Appius Claudius would have it all brought into the public treasury, or appropriated to the payment of the soldiers, which would ease the people of taxes. Licinius replied, that if the money should be brought to the treasury, it would be the cause of eternal complaints, murmurs, and seditions. The latter advice prevailed, and the plunder was indiscriminately, for the city of Veii, after a ten years siege, in which many commanders had been employed, was at last taken by Camillus by stratagem; and the opulence of it appeared so great, that the dictator was terrified at his own good fortune, and that of his country. He prayed the gods, if it must be qualified with any disgrace, that it might fall upon him, not the commonwealth. This piety and patriotism, however, did not always govern Camillus: His triumph betrayed an extravagance of vanity more than bordering on profaneness; he had the arrogance and presumption to harness four white horses in his chariot, a colour peculiar to Jupiter and the Sun, an ambition more than Roman, more than human. Here the people were very angry with Camillus for having too little reverence for religion: The next moment they were still more incensed against him for having too much, for he reminded them of a vow he had made to consecrate a tenth part of the spoils to Apollo. The people, in short, did not love Camillus; and the senate adored him because he opposed the multitude on all occasions, without any reserve, and appeared the most ardent and active in resisting their caprices. It was easier to conquer enemies than to please citizens. This mighty aristocratic grew so unpopular, that one of the tribunes accused him before the people of applying part of the spoils of Veii to his own use; and finding, upon consulting his friends, that he had no chance of acquittal, he went into voluntary banishment at Ardea; but he prayed to the gods to make his ungrateful country regret his absence. He was tried in his absence, and condemned in a fine.—Had Nedham's constitution existed at Rome, would Camillus have taken Veii, or been made dictator, or employed at all? Certainly not. Characters much more plausible would have run him down, or have obliged him to imitate all their indulgencies.
In all these examples of Cincinnatus, Curius, Fabius, and Camillus, &c. our author quotes examples of virtues which grew up only in a few aristocratical families, were cultivated by the emulation between the two orders in the State, and by their struggles to check and balance each other, to prove the excellence of a state where there is but one order, no emulation and no balance. This is like the conduct of a poet, who should enumerate the cheerful rays and refulgent glories of the sun in a description of the beauties of midnight.
Whether succession is, or is not, the grand preservative against corruption, the United States of America have adopted this author's idea in this "Reason," so far as to make the governor and senate, as well as the house of representatives, annually elective. They have therefore a clear claim to his congratulations. They are that happy nation: They ought to rejoice in the wisdom and justice of their trustees; for certain limits and bounds are fixed to the powers in being, by a declared succession of the supreme authority annually in the hands of the people.
It is still, however, problematical, whether this succession will be the grand preservative against corruption, or the grand inlet to it. The elections of governors and senators are so guarded, that there is room to hope; but, if we recollect the experience of past ages and other nations, there are grounds to fear. The experiment is made, and will have fair play. If corruption breaks in, a remedy must be provided; and what that remedy must be is well enough known to every man who thinks.
Our authors examples are taken from the Romans, after the abolition of monarchy, while the government was an aristocracy, in the hands of a senate, balanced only by the tribunes. It is most certainly true, that a standing authority in the hands of one, the few, or the many, has an impetuous propensity to corruption; and it is to controul this tendency that three orders equal and independent of each other, are contended for in the legislature. While power was in the hands of a senate, according to our author, the people were even in danger of losing their liberty. It would be nearer the truth to say, that the peo-
* Excellentibus ingeniis citius defuerit ars quā civem regant, quam quā hostem superent. Liv. ii. 43.
ple had no liberty, or a very imperfect and uncertain liberty; none at all before the institution of the tribunes, and but an imperfect share afterwards; because the tribunes were an unequal balance to the senate, and so on the other side were the consuls. "Sometimes in danger from kingly aspirers." But whose fault was that? The senate had a sufficient abhorrence of such conspiracies: It was the people who encouraged the ambition of particular persons to aspire, and who became their partisans. Melius would have been made a King by the people, if they had not been checked by the senate; and so would Manlius: To be convinced of this, it is necessary only to recollect the story.—Spurius Melius, a rich citizen of the Equestrian order, in the year before Christ 437, and of Rome the 315th, a time of scarcity and famine, aspired to the consulship. He bought a large quantity of corn in Etruria, and distributed it among the people. Becoming by his liberality the darling of the populace, they attended his train, wherever he went, and promised him the consulship. Sensible, however, that the senators, with the whole Quintian family at their head, would oppose him, he must use force; and as ambition is insatiable, and cannot be contented with what is attainable, he conceived that to obtain the sovereignty would cost him no more trouble than the consulship. The election came on, and as he had not concerted all his measures, T. Quintius Capitolinus and Agrippa Menonius Lanatus were chosen by the influence of the senate. L. Minutius was continued praefectus annonae, or superintendent of provisions: His office obliged him to do in public the same that Melius affected to do in private; so that the same kind of people frequented the houses of both. From them he learned the transactions at Melius's and informed the senate, that arms were carried into his house, where he held assemblies, made harangues, and was taking measure to make himself King; and that the tribunes, corrupted by money, had divided among them the measures necessary to secure the success of the enterprise. Quintius Capitolinus proposed a dictator, and Quintius Cincinnatus (for the Quintian family were omnipotent) was appointed. The earnest entreaties and warm remonstrances of the whole senate prevailed on him to accept the trust, after having long refused it, not from any reluctance to public service, but on account of his great age, which made him believe himself incapable of it. Implored the gods not to suffer his age to be a detriment to the public, he consented to be nominated, and immediately appointed Ahala master of the horse, appeared suddenly in the forum with his lictors, rods, and axes, ascended the tribunal with all the ensigns of the sovereign authority, and sent his master of horse to summon Melius before him. Melius endeavoured in his first surprize to escape: A lictor seized him. Melius complained that he was to be sacrificed to the intrigues of the senate, for the good he had done the people. The people grew tumultuous: his partisans encouraged each other, and took him by force from the lictor. Melius threw himself into the crowd: Servius followed him, run him through with his sword, and returned, covered with his blood, to give an account to the dictator of what he had done. "You have done well," said Cincinnatus; "continue to defend your country with the same courage as you have now delivered it—Macte virtute cito liberata republica."
The people being in great commotion, the dictator calls an assembly, and pronounces Melius justly killed. With all our admiration for the moderation and modesty, the simplicity and sublimity of his character, it must be confessed that there is in the harangue of Cincinnatus more of the aristocratical jealousy of Kings and oligarchies and even more of contempt of the people, than of a soul devoted to equal liberty, or possessed of understanding to comprehend it: It is the speech of a simple aristocratic, possessed of a great soul. It was a city in which, such was its aristocratical jealousy of monarchy and oligarchy, Brutus had punished his son; Collatinus Tarquinius, in mere hatred of his name, had been obliged to abdicate the consulship and banish himself; Spurius Cassius had been put to death for intending to be King; and the decemvirs had been punished with confiscation, exile, and death, for their oligarchy. In such a city of aristocratics Melius had conceived a hope of being a King. "Et quis homo?" says Cincinnatus; and who was Melius? "quam nullam nobilitatem, nullos honores, nulla merita: cuiquam ad dominationem pandere viam; sed tamen Claudios, Cassios, consulatus, decemviratibus, suis majorumque honoribus, splendore familiarum sustulisse animos, quo nefas fuerit." Melius, therefore, was not
* "Who is this man? without nobility, without honors, without merit, to open for him a way to the monarchy! Claudius, indeed, and Cassius, had their souls elevated to ambition by their consulships and decemvirates, by the honors of their ancestors, and the splendor of their families."—Is their an old maiden aunt Eleanor, of seventy years of age, in any family, whose brain is more replete with the haughty ideas of blood, than that of the magnanimous Cincinnatus appears in this speech? Riches are held in vast contempt! The equestrian order is no honor nor nobility; that too is held in sovereign disdain! Beneficence and charity, in a most exalted degree, at a time when his brother
a traitor but a monster; his estate must be confiscated, his house pulled down, and the spot called Aquimelum, as a monument of the crime and the punishment, (Liv. lib. iv. c. 13, 14, 15, 16,) and his corn distributed to the populace, very cheaply in order to appease them. This whole story is a demonstration of the oppression of the people under the aristocracy; of the extreme jealousy of that aristocracy of Kings, of an oligarchy, and of popular power; of the constant secret wishes of the people to set up a King to defend them against the nobles, and of their readiness to fall in with the views of any rich man who flattered them, and set him up as a monarch: But it is a most unfortunate instance for Nedham. It was not the people who defended the republic against the designs of Melius, but the senate, defended it against both Melius and the people. Had Rome been then governed by "Marchmont Nedham's right Constitution of a Commonwealth," Melius would infallibly have been made a King, and have transmitted his crown to his heirs. The necessity of an independent senate, as a check upon the people, is most apparent in this instance. If the people had been unchecked, or if they had only had the right of choosing an house of representatives unchecked, they would in either case have crowned Melius.
aristocrats were griping the people to death by the most cruel severities, and the most sordid and avaricious usury, was no merit in Melius; but consulships, decemvirates, honors, and the splendor of family, has his most profound admiration and veneration! Every circumstance of this appears in this speech, and such was the real character of the man: And whoever celebrates or commemorates Cincinnatus as a patron of liberty, either knows not his character, or understands not the nature of liberty. (To be continued.)
An ESSAY on FREE TRADE and FINANCES; particularly showing what supplies of public revenue may be drawn from Merchandise, without injuring our trade or burdening our people. [By a Citizen of Philadelphia in, 1783.]
[Continued from No. XV.]
VII. When any country finds that any articles are growing into use, and their consumption increasing so far as to become hurtful to the prosperity of the people, or to corrupt their morals or economy, 'tis the interest and good policy of such country to check and diminish the use and consumption of such articles, down to such degrees as shall consist with the greatest happiness and purity of their people.
VIII. This is done the most effectually and unexceptionably, by taxing such articles, and thereby raising them so high, as shall be necessary to reduce their consumption, as far as is needful for the general good. The force of this observation has been felt by all nations, and sumptuary laws have been tried in all shapes, to prevent or reduce such hurtful consumptions; but none can do it so effectually as raising the price of them: This touches the feelings of every purchaser, and connects the use of such articles with the pain of the purchaser, who cannot fail to operate by way of diminution or disuse of such consumption; and as to such rich or prodigal people, as can or will go to the price of such articles, they are the very persons which I think the most able and suitable to pay taxes to the State. I think it would not be difficult to enumerate a great number of such articles of luxury, pride, or mere ornament, which are growing into such excessive use among us, as to become dangerous to the wealth, economy, morals, and health of our people, viz. distilled spirits of all sorts, especially whiskey and country rum; all imported wines; silks of all sorts, cambricks, lawn, laces, &c. &c. superfine cloaths and velvets; jewels of all kinds, &c. to which might be added a very large catalogue of articles, though not so capitally dangerous as these, yet such as would admit a check in their consumption, without any damage to the States, such as sugar, tea, coffee, cocoa, fine linens; all cloaths and stuffs generally used by the richer class of people, &c. all which may be judiciously taxed at ten, twenty, fifty, or one hundred per cent. on their first importation; and to these might be added, a small duty of perhaps five per cent. on all other imported goods whatever.
Two things are here to be considered and proved. 1. That this mode of taxation would be more beneficial to the community, than any other: And, 2d. That this mode is practicable, if these two things are fairly and clearly proved, I think there can be no room left for doubt, whether this kind of taxation ought to be immediately adopted, and put in practice.
I will offer my reasons in favor of these propositions, as fully, clearly, and truly, and I hope they may be judged worth the reader's attention. I will endeavor in the sequel to point out the benefits arising from it. (To be continued.)
SUBSCRIPTIONS for the "COURIER DE BOSTON" a new weekly paper, published at Boston in the French Language, received at No. 9, Maiden Lane. [The utility of a paper in a universal language need not be hinted to those, who wish to acquire the French tongue.]
Published by JOHN FENNO, No. 9, M.O. No. 9, LANE, near the Oswego-Market, NEW-YORK.—[3dol. N.Y.—13]