National gazette. (Philadelphia [Pa.]), 1792-02-23 00:00:00

National Gazette.
By P. FRENEAU: Published MONDAYS and THURSDAYS, at THREE DOLLARS per annum.
VOL. I.
THURSDAY, FEBRUARY 23, 1792.
NUMB. 34.
AUTHENTIC.
SECOND CONGRESS
OF THE
UNITED STATES.
At the first Session, begun and held at the city of Philadelphia, in the State of Pennsylvania on Monday the twenty-fourth of October, one thousand seven hundred and ninety-one.
An ACT concerning certain Fisheries of the United States, and for the Regulation and Government of the Fishermen employed therein.
BE it enacted by the SENATE and HOUSE of REPRESENTATIVES of the United States of America, in Congress assembled, That the allowance now made upon the exportation of dried fish of the fisheries of the United States, in lieu of a drawback of the duties paid on the salt used in preserving the same, shall cease on all dried fish exported after the tenth day of June next, and as a commutation and equivalent therefor, there shall be afterwards paid on the last day of December annually, to the owner of every vessel or his agent, by the collector of the district where such vessel may belong, that shall be qualified agreeably to law, for carrying on the bank and other cod fisheries, and that shall actually have been employed therein at sea for the term of four months at the least, of the fishing season, next preceding which season is accounted to be from the last day of February to the last day of November in every year, for each and every ton of such vessel's burthen according to her admeasurement as licensed or enrolled, if of twenty tons and not exceeding thirty tons, one and an half dollars and if above thirty tons, two and an half dollars of which allowance aforesaid, three eighth parts shall accrue and belong to the owner of such fishing vessel, and the other five eights thereof shall be divided by him, his agent or lawful representative, to and among the several fishermen who shall have been employed in such vessel during the season aforesaid, or a part thereof, as the case may be, in such proportions as the fish they shall respectively have taken may bear to the whole quantity of fish taken on board such vessel during such season: Provided , That the allowance aforesaid on any one vessel, for one season, shall not exceed one hundred and seventy dollars.
And be it further enacted, That on the last day of December annually, as aforesaid, there shall also be paid to the owner of every fishing boat or vessel of more than five tons, and less than twenty tons, or to his agent or lawful representative, by the collector of the district where such boat or vessel may belong, the sum of one dollar upon every ton admeasurement of such boat or vessel; which allowance shall be accounted for as part of the proceeds of the fares of said boat or vessel, and shall accordingly be so divided among all persons interested therein: Provided however , That this allowance shall be made only to such boats or vessels as shall have actually been employed at sea in the cod fishery, for the term of four months at the least, of the preceding season: And provided also , That such boat or vessel shall have landed in the course of said preceding season, a quantity of fish not less than twelve quintals for every ton of her admeasurement; the said quantity of fish to be ascertained when dried and cured fit for exportation, and according to the weight thereof, as the same shall weigh at the time of delivery when actually sold; which account of the weight, with the original adjustment and settlement of the fare or fares among the owners and fishermen, together with a written account of the length, breadth
and depth of said boat or vessel, and the time she has actually been employed in the fishery in the preceding season, shall in all cases be produced and sworn or affirmed to, before the said collector of the district in order to entitle the owner, his agent or lawful representative, to receive the allowance aforesaid. And if at any time within one year after payment of such allowance, it shall appear that any fraud or deceit has been practised in obtaining the same, the boat or vessel upon which such allowance shall have been paid, if found within the district aforesaid, shall be forfeited; otherwise the owner or owners having practised such fraud or deceit, shall forfeit and pay one hundred dollars; to be sued for, recovered and appropriated in like manner as forfeitures and penalties are to be sued for, recovered and appropriated for any breach of an act, entitled, "An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels."
And be it further enacted, That the owner or owners of every fishing vessel of twenty tons and upwards, his or their agent or lawful representative, shall previous to receiving the allowance which is provided for in this act, produce to the collector who is authorized to pay the same, the original agreement or agreements which may have been made with the fishermen employed on board such vessel, as is herein before required, and also a certificate to be by him or them subscribed, therein mentioning the particular days on which such vessel sailed and returned on the several voyages or fares, she may have made in the preceding fishing season, to the truth of which they shall swear or affirm before the collector aforesaid.
And be it further enacted, That no ship or vessel of twenty tons or upwards, employed as aforesaid, shall be entitled to the allowance granted by this act, unless the skipper or master thereof shall, before he proceeds on any fishing voyage, make an agreement in writing or in print, with every fisherman employed therein, excepting only any apprentice or servant of himself or owner; and in addition to such terms of shipment as may be agreed on, shall in such agreement express whether the same is to continue for one voyage or for the fishing season, and shall also express that the fish or the proceeds of such fishing voyage or voyages which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of said fish they may respectively have caught; which agreement shall be endorsed or countersigned by the owner of such fishing vessel, or his agent: And if any fisherman having engaged himself for a voyage or for the fishing season, in any fishing vessel, and signed an agreement therefor as aforesaid, shall thereafter and while such agreement remains in force and to be performed, desert or absent himself from such vessel, without leave of the master or skipper thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen or mariners are subject to in the merchants service, and may in the like manner, and upon the like complaint and proof, be apprehended and detained: and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds of any fishing voyage to which such deserter had or shall become entitled. And any fisherman, having engaged himself as aforesaid, who shall during such fishing voyage, refuse or neglect his proper duty on board the fishing vessel, being thereto ordered or required by the master or skipper thereof, or shall otherwise resist his just commands, to the hind-
rance or detriment of such voyage, beside being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel, his share of the allowance, which shall be paid upon such voyage as is herein granted.
And be it further enacted, That where an agreement or contract shall be so made and signed, for a fishing voyage or for the fishing season, and any fish which may have been caught on board such vessel during the same, shall be delivered to the owner or to his agent, for cure, and shall be sold by said owner or agent, such vessel shall for the term of six months after such sale, be liable and answerable for the skipper's and every other fisherman's share of such fish, and may be proceeded against in the same form, and to the same effect, as any other vessel is by law liable, and may be proceeded against for the wages of seamen or mariners in the merchant's service.
And upon such process for the value of a share or shares of the proceeds of fish delivered and sold as aforesaid, it shall be incumbent on the owner or his agent, to produce a just account of the sales and division of such fish according to such agreement or contract, otherwise the said vessel shall be answerable upon such process for what may be the highest value of the share or shares demanded. But in all cases, the owner of such vessel or his agent, appearing to answer to such process, may offer thereupon his account of general supplies made for such fishing voyage, and of other supplies therefor made, to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands respectively, such judgment shall be rendered upon such process, for the respective balances, which upon such an enquiry shall appear: Provided always , That when process shall be issued against any vessel liable as aforesaid, if the owner thereof or his agent will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process; or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel: Provided , That nothing herein contained shall prevent any fisherman from having his action at common law, for his share or shares of fish, or the proceeds thereof as aforesaid.
And be it further enacted, That the drawback heretofore allowed on the exportation of foreign dried and pickled fish, and other foreign salted provisions, be and the same is hereby repealed.
And be it further enacted, That the monies which shall remain in consequence of the abolition of the allowance on the exportation of the dried fish of the United States, and of the drawback on foreign dried and pickled fish, and other foreign salted provisions, be, and the same are hereby appropriated to the payment of the allowances granted by this act, and in case the monies so appropriated shall be inadequate, the deficiency shall be supplied out of any monies which from time to time shall be in the treasury of the United States, and not otherwise appropriated.
And be it further enacted, That any person who shall declare falsely in any oath or affirmation required by this act, being duly convicted thereof in any court of the United States, having jurisdiction of such offence, shall suffer the same penalties as are provided for false swearing or affirming, by the act before-mentioned, and to be in like manner sued for, recovered and appropriated.
And be it further enacted, That this act shall continue and be in force for the term of seven years, and from thence to the end of the next session of Congress, and no longer.
JONATHAN TRUMBULL, Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, and President of the Senate.
Approved, February sixteenth, 1792.
G. WASHINGTON, President of the United States.
[Translation of an Original State Paper recently received from Cape François.]
Reply of the National Civil Deputies to the Persons assembled at Croix-des-Bouquets. *
Cape François, Dec. 21. 1791.
WE returned an answer to the letter which was handed to us by M. M. Malefot and Ruette: it is dated the 8th inst. and is written in the name of the members of the military administrative council, and the deputies from the several parishes of the western department, assembled at Croix-des-Bouquets. We replied, in like manner, to the paper received by the post, entitled, "the address of the people of colour of the western department," dated the same day and at the same place. — These pieces contain 1st. a brief account of the various disastrous events which have taken place from the commencement of the revolution to the date of your letter. 2d. The demand of certain political rights in favour of the mulattoes, founded on the declaration of the rights of man and citizenship, as well as upon the edicts of March 8. and October 12, 1790, and May 15, and Sept. 24, 1791. 3d. Your motives for concluding your pretended treaty of peace of the 23d. of October last, which you hold up to us as the only means of saving the colony; and which opinion you support by representing to us the tranquil state of the western and southern districts, while the northern is convulsed by a general insurrection. And lastly, these dispatches express the desire you entertain of seeing us with you at Croix-des-Bouquets.
We should be unworthy of the character with which we are invested, if we did not, in the first place, acknowledge our respect for those principles, which "permit you not to doubt, that the prosperity of the colony is inseparable from the individual happiness of those who compose it." We do not doubt that these principles, cultivated under legal forms, and in the calm of peace, might in the end induce the white people of St. Domingo to grant to the mulattoes all that could be reasonably expected; and to convince the latter that it is not less their interest, than it becomes them on principles of gratitude, to yield, in their turn, to the whites of the colony, the privileges they ought to enjoy.
We should be fearful of offending you, if we entertained the least doubt of the purity of your motives. But we should betray your confidence in us, in concealing from you how very culpable we hold you, in resisting the voice of reason. Listen to us, then, with sincerity, divest yourselves of all partiality, forget your own personal injuries, and by your obedience to the law, put us in a situation to join our mediation to yours, in procuring for the mulattoes the immunities which, in justice, they ought to possess.
We will now take into consideration the contents of the letter and address. First—The title assumed by the signers of the letter can only exist in a state of disorder and anarchy, and which you cannot avail yourselves of much longer unless you avow yourselves to be in open rebellion. Indeed, is it possible that there can legally exist an army of fourteen confederated parishes, to compel the rest to submit to them? Altho' this army were constitutionally appointed, could it deliberate upon and form resolutions? Could its administrative council be employed otherwise than in the interior regulations of the army? would it be not only independent of the king's representative,
* Persons [supposed to be chiefly retainers to the aristocratical faction in France] who had incorporated themselves with an army of Mulattoes to demand the repeal of the act of the National Assembly disallowing the Mulattoes of St. Domingo equal privileges with the whites of that colony.

but even dictate orders to him? would they make an ill use of their strength at the present moment in demanding that [besides the formation of primary assemblies] every constitutional principle should be violated in these assemblies, either by overturning the system of colonial laws for freemen, to institute new ones; or by revoking irrevocable deputations, and annihilating the administrative bodies?—Such, however, will be the ruinous consequences of your confederation, notwithstanding the purity of your principles. They are the delegates of the nation and of the king, who now address you, and would be sorry you did not repose in them the confidence that is due.
Secondly. We shall not spend time in recapitulating facts which have taken place in this island since the revolution. Let us banish forever from our remembrance the suspicions, feuds, vengeance, proscriptions, murders, conflagrations and enormities of every species. In a national convulsion, like ours, who can resist a torrent, and how small is the number of irreproachable characters in comparison of those who have been active in evil, and frequently so upon a misunderstanding of things—must all be punished indiscriminately; the misled equally with the wicked and designing?—and are these distinguishable in the general confusion of events, appearances, public rumours, and prejudices of parties? let us respect the citizen who has never lost sight of the moral and political duties; but let us once more reciprocally pardon each other for those injudicious proceedings which it was not in our power to prevent, any more than if we had both been under the delirium of a fever. Let us imitate the National Assembly and the king. He has immortalized the era of his reign in accepting the constitution, and signing an act of general amnesty.
[To be continued.]
PHILADELPHIA.
CONGRESS.
HOUSE OF REPRESENTATIVES.
MONDAY, February 20.
A message was delivered by Mr. Secretary Lear, informing the House that the President of the United States had this day approved and signed an act to establish the Post-office and Post-roads within the United States.
Mr. Williamson presented a memorial from sundry inhabitants of the state of North-Carolina, who were engaged in commerce previous to the late revolution, complaining of the grievances entailed on them by the tender-laws in the first instance, and their being since obliged to pay their trans-atlantic creditors in specie.—Referred (in like manner, as a similar memorial from South-Carolina) to a committee of the whole House on the state of the Union.
The House then resolved itself into a committee of the whole, on the Representation Bill;—Mr. Livermore in the chair.
A motion was made by Mr. Seney, to strike out the third and fourth sections, in which provision is made for the ratio and apportionment of representation, upon the next census, which is intended to be made in the year 1797.
The question being thereon taken, and having passed in the negative —
Motions were severally made, for filling up the blank or the ratio, with 40,000,—35,000,—34,000,—and 33,000;—these having all failed, the ratio of one to thirty thousand (the same which has already been settled for the next apportionment) was agreed to;—Yeas, 27; Nays, 20 or 21.
The committee then rose; and having reported the bill with the amendments,
The House immediately proceeded to take the same into consideration.
The amendments to the first section were agreed to,—the ratio of one to thirty thousand, for the next apportionment,—the number of Representatives as follows,—N. Hampshire, 4; Massachusetts, 15; Vermont, 2; Rhode-Island, 2; Connecticut, 7; N. York, 11; N. Jersey, 5; Pennsylvania, 14; Delaware, 1; Maryland, 9; Virginia, 21; Kentucky, 2; N. Carolina 11; Georgia, 2.
A motion, made by Mr. Dayton, to strike out the second section, which provides for a second enumeration, before the expiration of the term limited by the constitution,—passed in the negative;—Yeas, 23; Nays, 26.
YEAS—Messrs. Barnwell, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Gilman, Goodhue, Hillhouse, Key, Kitchell, Learned, Livermore, Niles, Schoonmaker, Seney, I. Smith, Sturges, Silvester, Thatcher, Tredwell, Tucker, White—23.
NAYS—Messrs. Ashe, Baldwin, Brown, Findley, Fitzsimons, Gregg, Griffin, Grove, Hartley, Huger, Kittera, Laurence, Macon, Madison, Moore, Muhlenberg, Murray, Parker, W. Smith, Steele, Sterrett, Sumpner, Venable, Vining, Wayne, Willis—26.
The question was then taken, on agreeing with the committee, in filling up the
blanks for the time of the next enumeration, with “the first Monday of January in the year 1796;”—and passed in the affirmative.
Other amendments being agreed to, Mr. Seney renewed his motion, for striking out the third and fourth section; on which, the question being taken, passed in the negative;—Yeas, 25; Nays, 26.
YEAS—Messrs. Barnwell, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Gilman, Goodhue, Gregg, Hillhouse, Jacobs, Key, Kitchell, Livermore, Moore, Niles, Page, Schoonmaker, Seney, J. Smith, I. Smith, Sturges, Silvester, Thatcher, Tucker—25.
NAYS—Messrs. Ashe, Baldwin, Benson, Brown, Findley, Fitzsimons, Griffin, Grove, Hartley, Huger, Kittera, Laurence, Macon, Madison, Muhlenberg, Murray, Parker, W. Smith, Sterrett, Sumpner, Tredwell, Venable, Vining, Wayne, White, Willis—26.
The question was now taken on agreeing with the committee in filling up the blank in the third section, with thirty thousand as the ratio of representation after the second census,—and passed in the affirmative;—Yeas, 29; Nays, 22.
YEAS—Messrs. Ashe, Baldwin, Benson, Brown, Findley, Fitzsimons, Griffin, Hartley, Huger, Key, Laurence, Macon, Madison, Muhlenberg, Murray, Page, Parker, Schoonmaker, Seney, Sterrett, Sumpner, Silvester, Tredwell, Tucker, Venable, Vining, Wayne, White, Willis—29.
NAYS—Messrs. Barnwell, Boudinot, S. Bourne, B. Bourne, Clarke, Dayton, Gilman, Goodhue, Gregg, Hillhouse, Jacobs, Kitchell, Kittera, Learned, Livermore, Moore, Niles, J. Smith, I. Smith, W. Smith, Sturges, Thatcher—22.
After further amendments, the bill was ordered to be engrossed for a third reading.
The House again resolved itself into a committee of the whole, on the “bill providing for the settlement of the claims of persons, under particular circumstances, barred by the limitations heretofore established;” and having gone through the same, and reported it with amendments, which the House immediately proceeded to consider.
A motion, made to recommit the bill, was superceded by a motion for adjournment, which was carried.
Previous to adjournment, Mr. Livermore laid on the table the following resolution;
“Whereas the late Major General N. Greene, on the 8th day of April, 1783, the more effectually to procure rations and supplies for the southern army of the United States, became bound as surety for John Banks and Co. to Newcomen and Collet, merchants, in Charleston, for the payment of £ 8:43 : 15 : 6 sterling money, being the condition of the said bond;—and whereas, on the 1st of May 1786, the balance of principal and interest of said bond being £ 8688 : 6 sterling, was paid by the said General Greene;—therefore,
“Resolved, That the United States will indemnify the estate of the said Gen. Greene for the said sum last mentioned, and the interest thereof;—Provided the executors of the said General Greene shall account for a sum, being about £ 2,000 (be the same more or less) recovered of John Service; one of the partners of the said Banks and Co. to be in part of the indemnification aforesaid; and also shall make over, for the use of the United States, all mortgages, bonds, covenants, and other counter-securities whatsoever, now due, which were obtained by the said General Greene in his life-time, from the said Banks and Co. on account of his being surety for him as aforesaid, to be sued for in the name of the said executors, for the use of the United States; and that a committee be appointed to bring in a bill, to enable the officers of the treasury to carry this resolution into effect.”
TUESDAY, Feb. 21.
A message from the Senate, by Mr. Secretary Otis, informing the House that the Senate have agreed to all the amendment proposed by the House to the bill relative to the election of a President and vice-President of the United States, &c. except the last, to which they disagree.
This amendment was to strike out the 9th section, and to substitute a clause which provides that the double vacancy in the office of President and vice-President, shall be filled by the Secretary of state for the time being.
The Secretary also informed the House, that the Senate have chosen a committee consisting of Mr. Sherman, Mr. Langdon and Mr. Strong, to confer with such committee as the House may see proper to appoint, respecting the business necessary to be acted upon previous to a recess, which they propose should commence the 1st Tuesday in April next.
The representation bill was brought in engrossed, the blanks filled up, and the bill passed—yeas 34, noes 16.
The House took the message from the Senate into consideration, and concurred with them in the appointment of a committee to confer respecting a recess, and
chose Messrs. Goodhue, Wadsworth, Laurence, Sterrett and White on their part.
The disagreement of the Senate to the last amendment of the House to the above bill, was taken into consideration.
It was moved to recede from this amendment. This motion revived the former discussion of this subject. The question being put, the motion to recede was carried in the affirmative—yeas 31, noes 24.
The House proceeded in the consideration of the amendments to the bill providing for the settlement of the claims of certain persons, under particular circumstances, barred by the limitations heretofore established.
Other amendments were made, and the bill ordered to be engrossed for a third reading.
In committee of the whole on the militia bill. Mr. W. Smith in the chair.
The first section being read—a motion to amend it, by striking out part, and introducing a substitute was made. This motion was negatived. The committee made further progress, and then rose and reported, and the House adjourned.
PHILADELPHIA.
FEBRUARY 23, 1792.
Three candidates (says a New-York paper of the 15th inst.) are held forth for the honorary and lucrative office of Governor, viz. his excellency George Clinton, Esq., the Hon. John Jay; and the Hon. Aaron Burr.
The bill for incorporating a bank (says the same paper) will in a day or two engage the attention of our legislature. The expediency of this measure will appear from the following considerations:—1st. The insufficiency of the capital of the present bank—2d. The dangers attending a monopoly of this business, and 3d. The necessity of some establishment which may check the increasing influence of the general government, and its encroachments upon that of the state.—The capital of the New-York bank consists of 950,000 dollars: on this capital there was divided, for the last half year, seven per cent, and a much larger one is contemplated for the next. Allowing, then, for expenses and the undivided surplus of the last half year, the bank will, this year, make at least 21 per cent. Discounts must of course, have been made to an amount three times exceeding that of their capital; and yet it is well known that many and good notes have been uniformly refused, and their inability alleged as the sole reason for such rejections.
Accounts from London inform, that Mr. Cox of Boston, who some time since built and completed the famous bridge at Londonderry, has contracted to take down the celebrated London monument, erected between the years 1671 and 1677, to commemorate the great fire of London, in 1666. It is said Mr. Cox is to have for this service, ten thousand pounds sterling. For many years past, this column has been a terror to the citizens of London, as by some failure in the construction, one hundred feet, or more, of the upper part leans very much and threatens great destruction by its fall, being two hundred and two feet in height. The operation of taking down this vast pile is considered very hazardous, and adequate only to the enterprising abilities of Mr. Cox.
A subscription is filled for a bank at Salem, in Massachusetts, the capital of which is to be fifty thousand dollars. It is added, that a petition for an act of incorporation will shortly be presented to the legislature of that state.
The emigrations from the New-England states (says an Albany paper) to the western parts of New-York are truly astonishing; and what is worthy of particular remark, these emigrants appear all in tolerable circumstances; and most of them go to settle a new and fertile country, with every article of necessary household furniture, farming utensils, stock, &c.
The Indians settled at Brothertown, in Berkemer county, we are told, have sent a petition to the legislature of the state of New-York, praying to be put on the footing of free white citizens, except that they do not wish the privilege of selling their lands. They state as reasons for being admitted as free citizens, that they have been educated in the modes of civilized life, and that they profess the christian religion: many of the Indians settled at Brothertown can read and write, and some of them speak the English language with no small degree of grammatical property. [Alb. Gaz.]
“As rivers run toward the sea (says Aristotle in his treatise on government) so does every government naturally verge towards tyranny.—Do the members of any governmental body act justly and uprightly? They have done their duty; they have answered the end of their creation, and are entitled to our esteem. The public, too, has made them an honorable, a generous compensation for their labours. Excessive praise of government, therefore, seem at least superfluous; and, from the general experience of time, may be pronounced pernicious, and ought always to be suspected. Praise (from their nature) are only due where benefits are conferred by a superior or an inferior; that is, where an act of choice is implied. But,
with regard to the transactions of governments, every individual elected to a participation in that honor, can have no choice in the process of good and evil—he is inviolably bound to the former, and the moment he transgresses that sacred obligation, he becomes a tyrant.”
Great encomiums are bestowed in France on the marquis de la Fayette for the truly noble and disinterested part he has acted in the course of the French revolution. In his exertions for securing the liberties of America and France, it is said, he has reduced an estate yielding two hundred thousand livres a year income, to the trifling sum of 20,000 livres, annual revenue (£1,500 sterling). He has retired to a paternal estate at Auvergne, a pleasant and fertile territory of France, having sustained an irreproachable character in all his public conduct, having never countenanced in any instance the corruptions that have been practised. He has refused all national recompense, in any shape whatever, for his long and meritorious services, and when it was proposed to make a settlement upon his two daughters, worthy the magnificence of the French nation, he rejected the proposition with a spirit of independence truly characteristic of a great man.
The following comprehensive, and yet not defective, account of the origin of the troubles at Avignon, in France, is extracted from a Leyden Gazette, recently received.—“On the 17th of October, a mob of seditious persons, instigated by the priests, assembled at the church of the Cordeliers, in Avignon, about ten o'clock in the morning, unknown to the provisionary administrators of the community. This mob was assembled under pretence of a miracle wrought by the image of the Virgin Mary, which had shed tears on account of the insults offered by the Revolutionists to the cause of religion. The mob began by ringing the bell to alarm the people. Finding they had received a sufficient accession of strength, they went to look for the secretary of the community, M. Lecuyer whom they dragged to the church and massacred at the foot of the high altar, after having taken away his commission, his watch, his money, and his buckles. This done, they dispersed themselves through the city, some shutting the gates, and others spiking up the cannon on the ramparts. The government for the national assembly then ordered an alarm to be beat, & proclaimed martial law, advancing at the same time towards the mutinous party with two pieces of artillery, at the head of the armed citizens. The mutineers then fled; tho' not without some being taken and sent to prison. The next day was spent without any thing decisive being done. The 19th, however, was a day of blood and carnage. The death of the unfortunate Lecuyer animated his friends with a thirst for revenge, particularly his son, a lad 18 years old, whose groans betrayed the agonies of his heart, but yet was one among the foremost to revenge his father's death. The fight of this lad inflamed every breast, and destruction was instantly pronounced against the miscreants who had committed the murder.—In a moment they ran to the prisons, burst open the doors, and sacrificed without mercy all who stood in their way. The misfortune was, that in this indiscriminate slaughter, the proper distinction could not be made between the extreme guilty and the less guilty, between the base executioners of the fanaticism of the clergy, and the party patriotic; at least those who called themselves such.”
Several letters, received this week from the northward, mention the intense cold that has universally prevailed in Vermont, the more northern parts of the state of New-York, and along the borders of Canada, almost uniformly since the middle of January; in which parts it is said the mercury in Fahrenheit's thermometer had frequently fallen as low as 30 degrees below zero.—In the same parallels, on the sea coast the cold has not been so extreme, the severity of the frost having been there mitigated by strong easterly gales, which do not for the most part reach more than sixty, seventy, or at most one hundred miles inland.—Reports say, that in South Carolina and Georgia, even down to St. Mary's river, ponds and shallow rivers have been frozen so as to bear the heaviest men with safety.
On the present state of the Rivers.
WHILE hid from day, the wandering LEIGH weeps Deep on his bed the gentle SCHUYLKILL creeps; While rustic HUDSON takes a long repose The frozen DELAWARE wraps his breast in snows: His wave, that bore the pile of mighty freight Now waits the new-form'd sailor on the skait: Where once the pilot spread the shivering sail Or haul'd his bowlines, to embrace the gale, There, now he walks, repining at his lot, Nor cares a farthing if it blows, or not.— Here, where whole fleets, safe moor'd at anchor lay Now jersey nymphs and gentle ladies stray; Where lofty ships with streamers cut a dash They show their nibbons, and the gay calash; Some, by themselves, some convoy'd by a beau, All wander heedless of the gulph below, Devord by fear, on Nature's bridge they float, And loon the aid of Charon, and his boat

Yesterday was celebrated, in this city, the birth-day of the PRESIDENT of the UNITED STATES, (when he entered his 61st year) with every demonstration of joy suitable to the occasion. At eleven o'clock, the volunteer corps of artillery, cavalry and infantry paraded at the state-house, and took orders for the firing and exercises of the day. At half past two, the officers of the militia battalions of the city, the northern liberties, and southern districts of Philadelphia assembled at the same place, together with the members of the Pennsylvania state society of the Cincinnati, from whence they went in procession to the house of the President of the United States. A variety of salutes were fired, and the day concluded with every mark of harmony, good order, and undissimulated joy. In the evening was exhibited an elegant display of fire-works.
The commissioners some-time since appointed by the Governor of this state to view the several roads leading from Lancaster to Philadelphia, have reported that a road may be made between those two places in a straighter direction, and over a more level country than any of the roads now in use; but, that from the great quantities of heavy produce transported this way, an artificial road will be necessary, bedded with stone and gravel—the expence of which, however, being beyond the present ability of the state, it has been thought advisable that a company be formed and incorporated with powers to raise a sufficient capital by subscription to effect the work, and fix gates or turnpikes, and demand toll for the use of the road—a resolution was submitted, accordingly, for the appointment of a committee to bring in a bill to incorporate a company for the purpose, &c.
Extract of a letter from Port-au Prince, to a gentleman in New York, dated Jan. 10, 1792.
"Since my last, by Capt. Morris, informing you of the destruction of the best part of this town, nothing worthy of remark has transpired; the aristocratic party, with a few mulattoes and free negroes, are still at St. Croix des Bouquets, where they have hoisted the white flag, and say they despise the national stripes. They also presume to say, that the island belongs to the proprietors here, and that no nation whatever has it in their power to constitute laws to govern them—There is not more than two thousand of them all together. This town is well fortified and guarded, so that we are under no apprehensions of their being able to enter it. Troops are daily expected from France: what will be the consequence on their arrival I cannot determine.—If they should not offer pardon to those who will return to their places of abode, possibly the plains may be set on fire.—Certainly there are numbers who cannot expect a pardon, the only way of such will be, to escape; and it is very probable numbers of them will emigrate to the United States."
[The following seems to convey so clear and circumstantial an account of the unfortunate engagement with the united Indian forces, on the 4th of November last, that we have judged proper to insert it entire. It is copied from the Dumfries Gazette , of the 16th inst. as an extract of a letter from an officer who served in the expedition.]
"ON the morning of the 4th of November, just as the men had been dismissed from parade, a rapid attack was made upon our advance, which was composed of militia, and had the evening before been thrown over a small river which ran along our front; they ran into camp in the most confused manner, without making any attempt to check the enemy. By the disorderly retreat of these cowardly rascals, our first line was thrown into confusion; but the alertness of the officers soon remedied this dangerous event, by forming the men again in proper order, which were in single file, each man four feet apart. The Indians ascended the bank in our front almost at the same time with the militia, but were checked by the fire of the artillery and Capt. Brock's camp guard, which were posted on the bank of the creek in front of the centre of our camp. At this time fell the brave Col. Oldham in attempting to rally the broken militia. They then divided and ran in multitudes round our flanks through the woods, and in some measure exposed to the fire of our front line as they passed along it. In a few minutes we were completely surrounded, and the fire became hot and general upon all quarters, but particularly where the artillery was posted, which you will see by the draft I enclose. A charge with bayonets took place by the 2d regiment, Gaither's battalion and the left picket, which had by this time got in and formed on the left of the 2d regiment, led on by Col. Darke in the most gallant manner. Such of the enemy as were opposed to this line, fled at the approach of the bayonet, and by scattering presented no object to our men; it would then become necessary to return to our camp and to assist the first line which were still warmly engaged and out-flanked by the enemy, whose fire, from under cover, was always certain, and generally destructive. The Indians followed us in turn, killing and wounding many of us. Another charge was made by the front line, but with as little effect as the first; in this charge a party of the enemy entered by the flanks and scalped a number of our officers and privates who lay wounded in the tents. They had possession of our cannon, but a smart charge by a party with bayonets dispossessed them and drove them from the camp. All the
artillery officers, excepting Lieut. Spear, with most of the matrosses were either killed or wounded, and the artillery of course silenced. Lieuts. Spear, Sedam and Schumberg, of the first regiment, and another officer of the Virginia levies, got together a few men, and set the artillery again a roaring; but not being able, with every exertion in their power, to collect as many men together as would work the pieces, and Lieut. Spear being killed, they were again totally silenced, the Indians charging up to their very mouths with their tomahawks. The battle had now raged for three hours with great slaughter on our side, and Gen. Butler and the greatest part of the officers, with six hundred men lay dead on the field, and near four hundred wounded. It then became necessary to think of a retreat, the men were all in a confused huddle in one flank of the encampment, and paid no kind of attention to the repeated orders of "charge the road." Capt. Henry Carberry, of the Maryland battalion, with great presence of mind, mentioned, annex the words "go home" to charge the road, and I will engage for its having the desired effect. Col. Darke, who had made several attempts to lead them on, in one of which he was wounded in the thigh, cried out, "Let us, my brave fellows, charge the road and go home." They instantly, with fixed bayonets, and trailed arms, broke through the Indians like a torrent, who were very numerous in this quarter, for the purpose, I suppose, of cutting us off from the road. We gained it, however, with less difficulty and loss than I expected. The enemy followed us four miles and then returned to our camp, the plunder of which engrossed, I suppose, their attention, and saved the scattered remains of our army. The chief part of their fury on the retreat fell upon the poor women and children, who could not keep pace with the fugitives. Near fifty fell a sacrifice to the savages. A little after sun-setting we got to Fort-Jefferson, and at ten o'clock the same night began our second retreat to Fort-Hamilton, 75 miles from the place of action. It is unnecessary for me to give you a list of the killed and wounded, as the public prints must long before this have informed you of their names and numbers. I am not competent to judge of the general conduct of the commander in chief, I mean respecting the place of encampment, march, exertions, attack, &c. Were my opinion unfavourable, I do not think it would be justifiable in one of my rank, besides it would be cruel to add insult to misfortune. I can with truth assert this much, that he was cool, brave, and deliberate, throughout the whole of the action and retreat. His unfortunate defeat will, no doubt, draw on him the censure, and I suppose, abuse of those who probably are not many of them judges of the business. For my part, I cannot think the public had a right to expect any brilliant action from 1370 ragged, half-frozen troops, hastily collected from the dregs of the people, and immediately carried into the field, without much discipline, to fight three, or probably four thousand warriors, in health and vigour—However, they have done this, they have cut a good wagon-road near one hundred miles long, through the enemy's country, and have built two forts, and covered the garrisoning of these by the established troops; so that if they have not fought well, it must be allowed that they have worked well. Before a respectable army can be put into the field, the establishment must be altered, the pay of soldiers must bear some proportion to that of labourers, and the pay of officers be such as will induce skillful men to enter into service of their country, without injuring their private affairs, or be under the painful necessity of begging their subsistence throughout the distance of 800 miles. The soldiers must also be regularly paid and not discharged at the expiration of their enlistment, without receiving one farthing of their hard earnings. "I hope to have the pleasure of seeing you in a few days, till when I am, &c."
Translations from the Leyden , and other French papers—Nov. 28—Dec. 2.
Lubeck, Nov. 24. —The elector of Saxony's having been so dilatory in accepting the hereditary throne of Poland can be no other way accounted for, than by a due consideration of the present temper of the court of Russia. The empress is opposed to the innovations in the constitution of Poland, which took place in May last, and it is asserted that she has consented to a plan of a partition of the government, in which she is seconded by and connected with Sweden in bringing it about. The affairs of Poland are a great object in the treaty of alliance concluded between these two northern courts; one of the articles of which relates to the support of the ancient Polish constitution, especially the right of choosing a king at every vacation of the throne. It is certain, that the elector of Saxony has demanded the explanation of several articles of the new constitution—and that for fear of some secret league against her liberties, Poland is soliciting the support of the court of Vienna. M. Woyna, the Polish minister at that court has notified the changes that the king and the republic have thought proper to make in their constitution, and at the same time has solicited that monarch not to suffer any foreign power to interfere in the arrangements that are found necessary for the prosperity of Poland, nor prevent the elector of Saxony from freely accepting a throne offered him by a free and independent nation.—To all this the court of
Vienna has yet given no answer; from whence we infer that it cannot be done with propriety, till a conference has been had with other courts in alliance with the court of Vienna. In the present delicate situation of various powers with respect to Russia, the death of prince Potemkin, is an event that gives rise to various conjectures whether the Russian cabinet will adhere to their ancient system or form new political connections. It is well known there did not exist the best understanding between Russia and the court of Berlin, and that the recent intervention of the latter in favor of the Porte, was well nigh occasioning a rupture between them. Very recently, when the news was received at Berlin of Prince Potemkin's death, the count Bischoffswerder, who succeeded to well in negotiating matters for the emperor in Italy, set off with a secret commission for Petersburg.
Leyden, Nov. 30. —It is wonderful how the report of the king of France's escape could gain the least credit with people of common understanding. Situated as the French monarch now is, it is next to impossible that he should act so weakly as to meditate a second escape from his kingdom— Tempora mutantur, nos et mutamur cum illis —the times are changed, and he has changed also. Such a step as abandoning his throne at this time would be an everlasting blot in his character, and forever destroy that confidence, which his conduct since his signing the constitution, has merited. Neither is there any motive existing that could induce him to such a step. The appointment of Mr. Pethion to the mayoralty of Paris, however disagreeable it may be supposed to the court, was not an event of sufficient magnitude to cause so desperate a resolution. It is evident, then, that the whole story originated with the two corporals, who had the assurance to shut up the royal family at nine o'clock in their chambers. Being questioned, since their imprisonment, as to the receipt of this order, they declared, upon oath, they had received information that the king was preparing to make his escape. It would be well if the affair could be traced to its origin; and if it could, we should doubtless find it to be a manœuvre of one or the other of the contending parties for particular purposes.
Dec. 1. —The non-juring priests seem determined, with the aid of the enemies of the constitution, whether in or out of the kingdom, to occasion trouble and perplexity in every department of France. It is a question, however, whether the several laws enacted against them by the national assembly will not do more harm than good. It were to be wished that the greater part of the existing representatives of the nation would less expose their flank to the enemies of the constitution, and not make it apparent that they are the enemies of religion, as well as all its appendages.—We cannot, on this occasion, but recollect the violent speeches of M. Isnard, member from Marfeilles, against the clergy, speeches which brought upon him the reproach of Atheism, even from a constitutional priest, one of the members of the assembly.—At the session of Nov. 22, a member proposed that the very word clergy should hereafter be abolished; which occasioned a bitter reply from a bishop newly elected, in which he was supported by every ecclesiastical in the assembly. Too many of the present members seem to have adopted the ideas of the club of Jacobins, who now seem to govern the taste of Paris, and are rather disposed to tear open afresh the wounds made by the revolution, than to close them by mild and healing applications.
Dec. 2. —Among the various impediments to the complete and general adoption of the new constitution, not the least seems to be the re-uniting of Avignon and the Comtat Venaissin to the dominions of France. If the decrees of the assembly relative to the German possessions in Alsace and Lorraine, have not already effected that purpose, it is certain that the violent revulsion of these two territories from the popish demesnes will considerably increase the prejudices that already operate among the European powers against the French revolution. The pope has addressed all the powers of Europe on the injustice of this decree of the assembly, in which he accuses them of inconsistency and injustice, and asserts his claim in the title of an helpless old man who cannot revenge his own wrongs, and therefore humbly implores the assistance of others.
The address is in substance as follows: "By their decree of the 14th of September last, the national assembly in pretending to incorporate the city of Avignon and the Comtat-Venaissin with the French monarchy, evidently betray a determination to dispose of the holy father of property of which he is the lawful and only master. The decree above referred to is no less unjust than false, is evidently designed to impose upon the world, and directly contradicts the assertions of those perfidious movers of sedition, who, after the most solemn protestations, that they for ever renounced all ideas of conquest, have impudently dared to authorize a most criminal and arbitrary usurpation of foreign territory. "In the short space of eighteen months they have four times attempted, under va-
rious pretexts, to incorporate with France, these two provinces, rightfully appertaining to the holy see. At one time they tried to invalidate the pope's title; at another time they brought forward some pretended complaints of the inhabitants, as if they wished to become Frenchmen.—Again, they debated whether these provinces might not be demanded as integral parts of France; and they were not ashamed on all these occasions to have recourse to the meanest sophistry and imposture to support designs, all tending to the completion of this abandoned project.—"Notwithstanding the universal uneasiness occasioned by these insidious steps, and notwithstanding the wicked activity of a party, spurred on by hatred malignity, and premeditated spite against the holy see, the evidence of truth prevailed: this daring attempt became universally odious—the indignation of the public was excited, and at last justice triumphed. On the 24th of May, a decree was published which disavowed every intention of the incorporation above mentioned.
"All the plans of the cabal for seizing the sovereignty of these districts from the pope were frustrated by this decree; and his holiness began to entertain hopes that there would be no further occasion of complaint on this head — The decree, however, of Sept. 14, has again baffled all his hopes, and he cannot possibly reconcile this renewal of the claim on the part of France, with the former protestations of the assembly, which disavowed all claim to the territories in question.—It is with astonishment his holiness observes, that the pretended right of France to these territories is founded on a pretence of the free will of the citizens to be incorporated as a part of that kingdom.
"The date of these claims is as recent as they are unfounded. Discussions on this subject were first held in 1839, and although the claim of France was supported in the assembly by every argument that the most malicious ingenuity could devise, it was notwithstanding rejected. So convinced was his holiness of the justice of his claim, that he never had an idea even of employing a counsel at their bar, incompetent as it was to rescind his right of sovereignty—a sovereignty, depending only upon God himself, established upon titles the most sacred, and secured by a possession of more than five centuries, that has been recognized by all the powers of Europe, confirmed by the tribunal of France, and at all times respected and protected by the august predecessors of the present monarch of France.—"If Louis 14, and Louis 15, when they possessed themselves of these provinces, at different periods, never formally claimed them as an appendage of the crown, and never attempted to incorporate them with France; and if, in afterwards restoring them to the holy see, they made no reservation, it is certainly very easy to form a proper judgment of the validity of the present claims: In short, the impartial world will judge whether the present assumed right can be put on a footing with the authenticity of ancient records, all which concur in vesting the incontestible sovereignty of these claims in the holy see," &c. [The remainder has not come to hand.]
   PRICE OF STOCKS.     Six per cents, per £. - 24/6   Three per cents, - - 14/6   Deferred six per cents, - - 14/10   Final Settlements - - 22/6   Indents, - - 14/6   Bank Stock 1-2 Shares 96 pr. ct. prems.  
TWENTY DOLLARS REWARD.
RAN away in August 1790 from the subscriber, living in Queen Ann's county, eastern shore of Maryland, a country born Negro woman, called GRACE. She is about middle aged, very low of stature, round face, remarkable small feet, for a negro, and has lost several of her fore-teeth. The lapse of time since she has absconded renders it unnecessary to describe her cloathing. She is artful and talkative, and I make no doubt has passed for a free woman, and got into Pennsylvania or Delaware states. The above reward shall be paid to any person securing said negro, and giving information thereof to her master, and reasonable charges if brought home. EDWARD HARRIS. Feb. 23- 8w 1aw.
HOWELL'S SMALL MAP OF PENNSYLVANIA, May be had of Mr. Bailey, and Mr. Crukshank Printers, in Market-street; or of the author in N. Fifth-street, No. 33, who has the said maps pasted on canvass, cut, folded and cased for pocket carriage. Philadelphia Jan. 30. 1792.
A few Copies of the REPORT of the Secretary of the Treasury, of the 6th inst. on the PUBLIC DEBT, may be had at this Office.

LEGISLATURE of the UNITED STATES
HOUSE of REPRESENTATIVES.
Friday, Feb. 3.
Debates on the Fishery Bill—on the motion to strike out the first section.
(Concluded.)
Mr. AMES observed, that one essential defect, in the former law respecting the drawback of the duty on salt, is the delay--the duty being paid before the fisherman goes out on his fishing voyage, and the drawback not being payable until six months after the exportation of the fish; a circumstance which proves a heavy disadvantage to men of small capitals; that, of the money, which is drawn from the treasury to pay those drawbacks, one part is an actual loss to government, whilst another part never reaches the fishermen at all; that it is very doubtful, whether the fisherman receives a higher price for his fish, in consideration of the drawback, than he would if no such allowance were made; that, even though, in process of time, this might be the case, yet if the benefit be not soon felt, it will in the end prove ineffectual, as the fishermen will in the mean time sink under the unequal competition with foreigners; that the annual product of the fisheries, previous to the late war, was a million of dollars; and that, if foreign nations be now suffered to supplant us in this business, which is an inexhaustible mine of national wealth, we lose not only the income, but also the capital itself; the fishing towns being built on naked rocks and barren sands, which, though now, by the hand of industry, adorned with houses, and stores, and wharves, and docks, &c. must soon see all these improvements go to ruin and decay, unless supported by the fishing trade, as the ordinary course of commerce is not sufficient to support them: that it would be foolish in the extreme to cast away the advantages which Nature herself has put into our hands; that nothing more is asked for the fishermen, than barely to receive back their own property with which they have entrusted the government, and to be placed on the same footing with every other person in the United States, who re-exports imported commodities; that it is the duty of government to support and protect her citizens in whatever quarter the danger threatens--if on the frontier, to fend armies--if on sea, to fend fleets for their defence; that in the present case, the fishery may be supported without any expence to government; that the sailors employed in this branch, being steeled with toil and hardship, naturalized to the boisterous element, and hardy as the very bears that stalk around them on the floating fields of ice, whilst anchored off the banks of Newfoundland---are much more useful to their country in time of war, than any other class of seamen; for, being entirely out of business as soon as a war is commenced---finding no shelter on the fishing banks---having no property to lose, and hoping to enrich themselves at the expence of our adversaries, they annoy the enemy, without being themselves exposed to annoyance; that, in case of a maritime war, the sailors employed in the fisheries, could readily man a hundred sail of privateers, that would sweep the ocean, and spread devastation and dismay among our enemies. The prodigious number of British prizes, taken by those adventurers during the late war, afford sufficient proofs of what they are capable of doing in the service of their country: As an instance of their spirited exertions, he mentioned the success of one of their privateers, of only 16 guns and 150 men, that captured, in a single cruise, twenty of the enemy's vessels, with 100 guns, and 400 men;---and observed, that even to this day, the British merchants feel the ruinous effects of that kind of predatory war.
Mr. AMES now entered into a calculation, tending to shew, from the quantity of fish exported, the quantity of salt expended on that fish, and the amount of the drawbacks allowed on the exportation, that the government loses considerably on the one hand, and the fishermen fill more on the other.
After a variety of other remarks, he concluded by observing, that the fishery, however important to the state of Massachusetts, is equally so to every other state in the union; that it is not the interest of particular states, but the national interest that is at stake; that in our competition with foreign nations, we are fighting them with such superior arms and with such superior strength as must finally ensure us a due reward for all our struggles.
Mr. MADISON. In the conflict I feel between my disposition, on one hand, to afford every constitutional encouragement to the fisheries, and my dislike, on the other, of the consequences apprehended from some clauses in the bill, I should have forborne to enter into this discussion, if I had not found, that, over and above such arguments as appear to be natural and pertinent to the subject, others have been introduced, which are, in my judgment, contrary to the true meaning, and even strike at the characteristic principles of the existing constitution. Let me premise, however, to the remarks which I shall briefly offer, on the doctrine maintained by these gentlemen, that I make a material distinction in the present case, between an allowance as a mere commutation and modification of a drawback, and an allowance in the nature of a real and positive bounty. I make a distinction also, as a subject of fair consideration at least, between a bounty granted under the particular terms in the constitution, "a power to regulate trade," and one granted under the indefinite terms which have been cited as authority on this occasion. I think, however, that the term 'bounty' is in every point of view improper as it is here applied, not only because it may be offensive to some, and, in the opinion of others, carries a dangerous implication, but also because it does not express the true intention of the bill as avowed and advocated by its patrons themselves. For if, in the allowance, nothing more is proposed, than a mere reimbursement of a sum advanced, it is only paying a debt; and when we pay a debt, we ought not to claim the merit of granting a bounty.
It is supposed by some gentlemen, that Congress have authority not only to grant bounties in the sense here used, merely as a commutation for drawbacks, but even to grant them under a power by virtue of which they may do any thing which they may think conducive to the 'general welfare.' This, sir, in my mind, raises the important and fundamental question, whether the general terms which have been cited, are to be considered as a sort of caption or general description of the specified powers, and as having no further meaning, and giving no further power, than what is found in that specification, or as an abstract and indefinite delegation of power extending to all cases whatever; to all such at least as will admit the application of money, which is giving as much latitude as any government could well desire.
I, sir, have always conceived --I believe those who proposed the constitution conceived-- it is still more fully known, and more material to observe, that those who ratified the constitution conceived, that this is not an indefinite government, deriving its powers from the general terms prefixed to the specified powers; but a limited government tied down to the specified powers, which explain and define the general terms.
The gentlemen who contend for a contrary doctrine, are surely not aware of the consequences which flow from it, and which they must either admit, or give up their doctrine.
It will follow, in the first place, that if the terms be taken in the broad sense they maintain, the particular powers, afterwards so carefully and distinctly enumerated, would be without meaning, and must go for nothing. It would be absurd to say, first, that Congress may do what they please; and then, that they may do this or that particular thing. After giving Congress power to raise money and apply it to all purposes which they may pronounce necessary to the general welfare, it would be absurd, to say the least, to superadd a power to raise armies, to provide fleets, &c. In fact, the meaning of the general terms in question must either be sought in the subsequent enumeration which limits and details them, or they contain the government from one limited as hitherto supposed, to the enumerated powers, into a government without any limits at all.
It is to be recollected, that the terms "common defence and general welfare," as here used, are not novel terms first introduced into this constitution. They are terms familiar in their construction, and well known to the people of America. They are repeatedly found in the old articles of confederation, where, although they are susceptible of as great latitude as can be given them by the context here, it was never supposed or pretended that they conveyed any such power as is now assigned to them. On the contrary, it was always considered as clear and certain, that the old Congress was limited to the enumerated powers; and that the enumeration limited and explained the general terms. I ask the gentlemen themselves, whether it was ever supposed or suspected, that the old Congress could give away the money of the states in bounties to encourage agriculture, or for any other purpose they pleased. If such a power had been possessed by that body, it would have been much less impotent, or have borne a very different character from that universally ascribed to it.
The novel idea now annexed to those terms, and never before entertained by the friends or enemies of the government, will have a further consequence which cannot have been taken into the view of the gentlemen. Their construction would not only give Congress the complete legislative power I have stated; it would do more; it would supersede all the restrictions understood at present to lie on their power with respect to a judiciary. It would put it in the power of Congress to establish courts throughout the United States, with cognizance of suits between citizen and citizen, and in all cases whatsoever. This, sir, seems to be demonstrable: For if the clause in question really authorises Congress to do whatever they think fit, provided it be for the general welfare, of which they are to judge, and money can be applied to it, Congress must have power to create and support a judiciary establishment, with a jurisdiction extending to all cases, favorable, in their opinion, to the general welfare, in the same manner as they have power to pass laws and apply money providing in any other way for the general welfare. I shall be reminded, perhaps, that, according to the terms of the constitution, the judicial power is to extend to certain cases only, not to all cases. But this circumstance can have no effect in the argument, it being presupposed by the gentlemen, that the specification of certain objects does not limit the import of the general terms. Taking these terms as an abstract and indefinite grant of power, they comprise all the objects of legislative regulation, as well such as fall under the judiciary article in the constitution, as those falling immediately under the legislative article; and if the partial enumeration of objects in the legislative article does not, as these gentlemen contend, limit the general power, neither will it be limited by the partial enumeration of objects in the judiciary article.
There are consequences, sir, still more extensive which, as they follow clearly from the doctrine combated, must either be admitted, or the doctrine must be given up. If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every state, county, and parish, and pay them out of the public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the union; they may assume the provision for the poor; they may undertake the regulation of all roads, other than post roads: in short, every thing, from the highest object of state legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.
The language held in various discussions of this House, is a proof that the doctrine in question was never entertained by this body. Arguments, wherever the subject would permit, have constant-
ly been drawn from the peculiar nature of this government as limited to certain enumerated powers, instead of extending, like other governments to all cases not particularly excepted. In a very late instance, I mean the debate on the representation bill, it must be remembered that an argument much used, particularly by gentlemen from Massachusetts against the ratio of one for 30,000, was that this government was unlike the state governments, which had an indefinite variety of objects within their power, that it had a small number of objects only to attend to, and therefore that a smaller number of representatives would be sufficient to administer it.
Arguments have been advanced, to shew, that because, in the regulation of trade, indirect and eventual encouragement is given to manufactures, therefore Congress have power to give money in direct bounties, or to grant it in any other way that would answer the same purpose. But surely, sir, there is a great and obvious difference, which it cannot be necessary to enlarge upon; a duty laid on imported implements of husbandry, would in its operation be an indirect tax on exported produce: but will any one say that by virtue of a mere power to lay duties on imports, Congress might go directly to the produce or implements of agriculture, or to the articles exported? It is true, duties on exports are expressly prohibited; but if there were no article forbidding them, a power directly to tax exports could never be deduced from a power to tax imports, although such a power might indirectly and incidentally affect exports.
In short, sir, without going further into the subject, which I should not have here touched on at all, but for the reasons already mentioned, I venture to declare it as my opinion, that were the power of Congress to be established in the latitude contended for, it would subvert the very foundation, and transmute the very nature of the limited government established by the people of America: and what inferences might be drawn or what consequences ensue from such a step, it is incumbent on us all well to consider.
With respect to the question before the House for striking out the clause, it is immaterial whether it be struck out, or so amended as to rest on the avowed principle of a commutation for the drawback, but as a clause has been drawn up by one of my colleagues in order to be substituted. I shall concur in a vote for striking out, reserving to myself a freedom to be governed in my final vote by the modification which may prevail.
[The question was still further debated, and several other gentlemen rose in opposition and defence. But we will here take leave of the subject, and of the fishery bill altogether: our readers having been already apprized, that the motion, for striking out the section, was finally negatived, that the word "bounty" was, every where throughout the bill, changed for "allowance"---and that the bill is passed into a law, having been approved and signed by the President of the United States, on the 16th inst.]
Mr. FRENEAU,
Your republishing the following, from the Independent Gazetteer, will oblige one of your subscribers. A FARMER.
AS long as the States of America continue united under the present form of government, the PEOPLE will have to lament the want of a bill of rights, which would clearly and unequivocally dictate to the legislature its duty, and to the people their rights.
It is said that the principle which pervades the constitution of the United States, is, that the supreme power resides in the people, and that the constitution itself opens with a recognition of this principle---that it is a compact entered into by freemen, to support and protect the rights of each other; and therefore there is no occasion for a declaration of rights to be prefixed to the form of government---that the people by whom it was ordained and established, retain all powers not expressly given up, and that the citizens of the United States may always say, "We reserve the right to do what we please."
In a small virtuous commonwealth, where the offices of the government would be esteemed honorable, but not lucrative, and where every citizen would not only be eligible to a seat in the legislature, but which, by a strict rotation, he would be obliged occasionally, to occupy; under a pure democracy of this kind, a declaration of the rights of the people might not be absolutely necessary. But a government of the extent and in the situation of the United States, being destitute of a clear explicit declaration of the rights of the people, the honor of serving the state, and of being useful to its citizens, will give place to the most sordid views of private emolument, and laws which should be made to promote the general welfare, will be perverted to serve the ambition and avarice of the few. Ambassadors, and places of profit will be created for the well-born. Palaces will be erected, and we shall be told that it is for the honor of government that all its officers and their dependants should be supported in a style of ostentation, parade and luxury, however oppressive and injurious to their fellow-citizens. Two parties will exist, the one enjoying every comfort of life without labor; the other languishing in penury, submitting to every insult and injury. And the people, unprotected by an explicit declaration of their rights, ambitious men will, by artifice and sophistry, explain away every principle of the government, in order to render it subservient to their own private purposes.
No people ever experienced a more complete destruction of their liberties by the encroachments of government than the French. Few people witnessed a court of greater pomp, parade and expense. To preserve their country for the future from such calamities, that wise and enlightened people thought it necessary to adopt a declaration of the rights of man, as the basis on which their new constitution was to stand. The declaratory exordium which prefaces the declaration, merits attention.
Declaration of the Rights of Man and of Citizens. By the National Assembly of France. "The representatives of the people of France, formed into a national assembly, considering that
ignorance, neglect or contempt of human rights, are the sole causes of public misfortunes and corruptions of government, have resolved to set forth, in a solemn declaration, these natural, imprescriptible and unalienable rights: That this declaration being constantly present to the minds of the members of the body social, they may be ever kept attentive to their rights and duties; that the acts of the legislative and executive powers of government, being capable of being every moment compared with the end of political institutions, may be more respected; and also that the future claims of the citizens, being directed by simple and incontestible principles, may also tend to the maintenance of the constitution, and the general happiness: for these reasons the national assembly doth recognise and declare, in the presence of the supreme Being, and with the hope of his blessing and favor, the following sacred rights of men and of citizens:
1. "Men are born and always continue free, and equal in respect of their rights. Civil distinctions, therefore, can be founded only on public utility."
2. "The end of all political associations is the preservation of the natural and imprescriptible rights of man, and these rights are liberty, property, security, and resistance of oppression."
3. "The nation is essentially the source of all sovereignty, nor can any individual, or any body of men, be entitled to any authority which is not expressly derived from it."
4. "Political liberty consists in the power of doing whatever does not injure another. The exercise of the natural rights of every man has no other limits than those which are necessary to secure to every other man, the free exercise of the same rights, and these limits are determinable only by the law."
5. "The law ought to prohibit only actions hurtful to society. What is not prohibited by the law should not be hindered; nor should any one be compelled to that which the law does not require."
That highly enlightened people have prefixed a bill of rights to their form of government, not as being applicable to their own situation alone, but as constituting the foundation of every just government.
Had the constitution of the United States a foundation equally firm and equitable, we should not at this day witness the laws of the Union stained with, 1st. Mercantile regulations, impolitic in themselves, and highly injurious to the agricultural interests of our country.
2. With funding systems, by which the property and rights of poor but meritorious citizens are sacrificed to wealthy gamblers and speculators. 3. With the establishment of banks, authorizing a few men to create a fictitious money, by which they may acquire rapid fortunes without industry. 4. With excise laws, which violate the tranquility of domestic retirement, and which prevents the farmer from enjoying the fruits of his care and industry.
However ambitious men may disguise the fundamental principles of civil society, by the arts of low cunning and sophistry, yet the social compact amongst freemen, establishes such an equality, that every citizen lays himself under the same obligations, and ought all to enjoy the same privileges. Thus from the very nature of this compact, every act of the government should be equally favorable to all the citizens without distinction; it should know the whole body of the nation, but distinguish none of the individuals who compose it: What then is a legal government? It is not an agreement made between a superior and an inferior, but a convention between a whole body with each of its members, which convention is a lawful one, because founded on the rights of man; it is equitable because it is common to all; it is useful because it can have no other object than the general good; and it is solid and durable because secured by the voice of the people.
Such a government will protect and defend, with its whole force, the person and property of every one of its members, and every individual citizen, by uniting himself to the whole, will, nevertheless, be obedient only to himself, and will remain fully at liberty to every thing but injury.
The intention for which a man resigns any portion of his natural sovereignty over his own actions is, that he may be protected from the abuse of the same dominion in other men. No greater sacrifice is therefore necessary than is prescribed by this object. Nothing can be more fallacious than to pretend that we are precluded in the social state from any appeal to natural rights. They remain in their full vigor, if we except that small portion of them which men sacrifice for protection against each other. Whenever a government assumes more power than this object rigorously prescribes, it becomes an usurpation supported by sophistry; a despotism varnished by illusion.
If life be a bounty from Heaven, we reject the noblest part of the gift if we tamely surrender our natural and unalienable rights, without which the condition of human nature is not only miserable but contemptible. To preserve them inviolate, free citizens should always be armed with force and constancy, and should repeat every day the saying of the virtuous Palatine---Malo periculosam libertatem quam quietum servitium.
This Day are published,
SERMONS,
Historical and Characteristical:
By WILLIAM LINN, D. D.
One of the Ministers of the Reformed Protestant Dutch Church, in the city of New-York.
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