Gazette of the United-States. (New-York [N.Y.]), 1789-09-23 00:00:00

Gazette of the United States.
[No. XLVII.]
WEDNESDAY, SEPTEMBER 23, 1789.
[Published on Wednesday and Saturday.]
THE TABLET.—No. XLVII.
The author of the Tablet presents the following Speculation from a friend, for the forty-seventh number.
"The diversity of interests in the United States, under a wise government, will prove the Cement of the Union."
FORMERLY, it was the policy of Great Britain to disseminate the idea, that the several colonies were too much divided by religion, manners and customs, by different interests, and prejudices more obstinate than interest, to assimilate and form a government of their own. It is not remarkable that Britain should cherish and diffuse an opinion so favorable to her power. And tho' we have reason to lament, we have none to wonder at, the degree of success which attended her truly maternal endeavors. The intercourse of the colonies with her was much greater than with one another. It is known that people are very susceptible of the opinions of those with whom they have dealings. Our dealings were with Britain almost exclusively, and we adopted many of her favorite doctrines with a docility and confidence which in fact, her conduct was calculated to inspire. The leading men, who gave a tone to the public sentiment in this country, were Britons, or colonists as ardently attached as Britons themselves to the connection with the mother country. There was an apparent utility in this error, which not only made it plausible, but stifled enquiry. Indeed the subject at that time, would better stand the test of disquisition than at present. The colonies were filling with new people, who were so far from having adopted the habits and manners of the more ancient settlements, that they had not sufficiently assimilated with one another, to assume a national character.
But it is unnecessary to enumerate all the causes which concurred to produce in the colonists a spirit of mutual alienation and distrust. It is not to be doubted that, in a long course of time, the product of this cursed seed would have been abundant.—With infinite mischiefs, the war brought this good, it blasted its vegetation. However, some of these poisonous plants still infest our fields, and are mingled with our harvests.
When we express our surprise that these repulsive prejudices continue to exist, we are desired to attend to the facts which it is pretended will render them perpetual.
It is asserted, that there is, at this day, so great a diversity between the different States in point of religion, manners, habits and interests, as to render the administration of a general government inconvenient, and perhaps impracticable. Certainly this doctrine has not novelty to recommend it. For ever since the jealousy of Britain adopted the maxim, divide et impera , it has been inculcated by her missionaries and profelytes with all imaginable zeal and solemnity.
Many appeal to the supposed fact, that the eastern and southern States have opposite interests. Undoubtedly a diversity of interests is one of the most fruitful sources of contention and hatred. Too much stress however, is generally laid upon it. For such interests, tho' different are not always repugnant. The great modern improvement in government, is to leave individuals at liberty to seek their advantage their own way—partial to none but protecting all. We cannot subdivide a society sufficiently to avoid this supposed diversity. The smallest will be found to comprehend jarring interests, and to be formed by a congeries of heterogeneous and repulsive materials, which, merely in consequence of being accumulated, tend to fermentation and dissolution. Indeed, we shall perceive that the interest of each individual is exclusive of that of all others, until government combines them, and makes it the advantage of each one to advance the prosperity of the whole.
Uniformity of faith is an useless chimera. Uniformity of interests is equally so. Diversity in both produces discussion. Men respect one another's opinions, and become liberal, they enquire and perhaps find truth: The tendency is, to rouse them from an indolent neglect of public business, and to check the natural proneness of all parties to excesses.
It is very certain that the employments of the southern and eastern States are different: But it is denied that their interests are incompatible. If the wealth and power of one does not tend to make the other weak and poor, it is difficult to conceive, why they should be mutually jealous. Admitting the idea of separate and hostile powers, the aggrandizement of one State might well be alarming to her neighbors. But thanks to the good sense of our countrymen, the new Constitution has banished a principle of state policy
which should make a patriot shiver with horror. In every other respect, each has an interest in the prosperity of the whole. If rice and indigo produce wealth, the people and the taxable property are encreased. The consumption of dutied articles encreases. The New-Hampshire man is as much relieved and benefited as if the tax was raised from his next county. The navigation and fishery of the States will furnish the means of a navy to protect the export of the staple articles.
England and France are rivals in trade as well as power, because each endeavors to supplant the other in the sale of the like commodities. England would excel France in the silk manufacture. And France endeavors to beat her rival out of the woolen and hard ware branches. Their vindictive regulations have, perhaps, mutually injured each other infinitely more than either has benefited herself. But what foundation is there for such a competition in America. Virginia raises tobacco. New-England never can become her competitor in that culture. The rice, indigo and cotton are confined by nature to the more southern States. The culture of corn admits of no rivalry. The consumers will grow up to the market. For the human species will encrease in every country in proportion to the regular means of subsistence.
A man who should attempt to sow jealousy among the New-England States, or between Pennsylvania and New-Jersey, by alleging that they have jarring interests, would certainly be laughed at. His success would not be sufficiently feared to make him detested. Yet these are manufacturing States: And in every market their people are contending for a preference. These are the States whom diversity of interests should divide. The market may be over stocked with fish, oil or lumber. This will affect the dealers in those articles. But how can it affect the sale of tobacco?
The conclusion is, that no large country in the world is so little divided by opposite interests. The eastern and southern States are necessary to one another: And nature has interposed to forbid their becoming commercial rivals. What one raises, the other wants, and when one prospers, all will partake. If the great staples should fail, navigation would decline. Should our own seamen and shipping be diminished, the staple States might, and, in case of an European war, certainly would want a conveyance for their valuable exports to the market. In peace and war, their trade would be merely passive—The markets and purchasers would be chosen for them, and they would not be in a condition to seek the best for themselves. This is evinced by the great success and rapid growth of our East India trade. By means of possessing shipping, some of the States have sought, in the extremities of the earth, new markets for the sale of their butter and salted provisions, which would never have sought them.
Without violent evidence, a patriot should not admit that the interests of the southern and eastern parts of the Union are opposite. It will require some reflection to suppress his wonder, that not only without evidence, but against the most palpable, it ever has been the creed of the country. It is time to think more justly, and more rationally, which is the same thing. The internal commerce of our country is the most to be cherished. It affords the quickest returns, and the profit is not divided, as that of foreign trade is, with strangers. We ought to look forward with pleasure to the rapid extention of our home market, already vast, and soon to become a world of our own.
(to be continued.)
NEW-YORK, SEPTEMBER 23, 1789. PROCEEDINGS OF CONGRESS.
IN SENATE.
The Conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the government, will best insure the beneficent ends of its institution—
RESOLVED, by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring, That the following articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution, viz.
ARTICLES in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Constitution.
ARTICLE THE FIRST.
After the first enumeration, required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred; to which number one representative shall be added for every subsequent increase of forty thousand, until the Representatives shall amount to two hundred, to which number one Representative shall be added for every subsequent increase of sixty thousand persons.
ARTICLE THE SECOND.
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
ARTICLE THE THIRD.
Congress shall make no law establishing articles of faith, or a mode of worship, or prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition to the government for a redress of grievances.
ARTICLE THE FOURTH.
A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
ARTICLE THE FIFTH.
No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE THE SIXTH.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE THE SEVENTH.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war, or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation.
ARTICLE THE EIGHTH.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
ARTICLE THE NINTH.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
ARTICLE THE TENTH.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE THE ELEVENTH.
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE THE TWELFTH.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In the HOUSE OF REPRESENTATIVES,
FRIDAY, SEPTEMBER 18, 1789.
SKETCH of the DEBATE on the SALARIES of the JUDICIAL DEPARTMENT.
MR. GOODHUE moved to strike out 4500 dollars, the proposed salary of the Chief Justice, and to insert 3000.
MR. BURKE who was one of the committee on the bill, said, that he had been opposed to the sum; but a majority being in favor of it, it was adopted: He still thought it too much.
MR. LAWRANCE (who was also one of the committee) observed that he had been in favor of the sum, and was so still. I do not (said he) think it is too much, considering the very important nature of the duties assigned to this officer, and the high trust committed to his care. The Laws and the Constitution of the United States are in his hands. To the Judges of the Supreme Court we are to look for decisions on the most interesting points, and on those decisions causes of the greatest possible magnitude depend. The sum proposed I do not think will be considered too high; there is a predilection among the people in favor of their judges, it is the general opinion that they should be well paid. This sentiment is honorable to the people; it is productive of the happiest effects and ought to be encouraged. I am willing to risk my popularity in giving my vote for this sum. I do not think it will be considered too high. I should rather be for encreasing than diminishing it. When we consider what is paid to similar officers in other countries, we find that these salaries bear no proportion to those allowances. To induce gentlemen of the first abilities to come forward; and to place them in that situation which shall be above temptation, you cannot give them a less sum. It will be of very little consequence, that the Judges hold their places during good behavior, if you do not make them independent in their salaries. I hope therefore the sum will not be struck out.
MR. GOODHUE observed, that he did not think there was any propriety in referring to other countries for examples on this occasion. Circumstances, said he, do not apply. We must have regard to the ideas of our own people, and to the circumstances of our own country. And the only enquiry, in my opinion, is, what has been customary, and what may be necessary in the present case. He then referred to the salaries which are given in particular States, and tho' in some instances they are below what they ought to be, yet they command the first abilities. The

sum proposed in the bill is so much beyond all example in any of the States, as will be considered beyond the abilities of the people.
The grants we have already made, are in general so high, and will excite so much uneasiness, that I was in hopes that we should not have proceeded one step further in that line of policy. I hope, Sir, the motion will obtain.
Mr. BENSON urged the necessity of an ample allowance, in order to command the first abilities. He said, there is no doubt, but plenty of candidates may be found who would serve for 1500 dollars, or a less sum. Instances may be mentioned of persons offering to serve as Governor in some of the States, for 500 dollars: But if it is intended to have the office respectable by its being filled with competent abilities—a less sum than that proposed will not be found adequate.
Mr. AMES observed, that he had frequently heard in the House abstract reasonings upon the subject of salaries and compensations: But for my part (said he) I think such reasonings have very little to do in the business. The only enquiry is, what sum is necessary to command the first abilities in the respective States.—The gentlemen from various quarters can determine with a good degree of precision, for themselves. I think I can speak for the four New-England States—and suppose that 1500 dollars per annum for this officer, would be an object to excite the attention of men of the first abilities in those States.
Gentlemen may be found who would make the greatest exertions to qualify themselves for the office.—I hope, Sir, the motion for striking out the sum will obtain.
Mr. LIVERMORE and Mr. WHITE spoke next, and were both in favor of striking out 4500.
Mr. VINING advocated the sum in the report. He stated the amount of the whole expence to be incurred; and contrasted it with the benefits to be derived to the United States, from the institution. The object, said he, is to attract and command the first abilities. There are many gentlemen in the practice of law, whose abilities command a greater income than 3000 dollars per annum. Can it be expected that such persons will relinquish their lucrative professions merely for the honor of serving the United States? It cannot be expected—and yet Sir, I presume the very first abilities are the object to be obtained.
Mr. GERRY was in favor of the motion. He went into a consideration of the debts, taxes and burthens of the people; from thence urged the necessity of the utmost prudence and economy in our expenditures and appropriations. He referred to the situation of Great Britain, and contrasting our circumstances with theirs, he said the salary of the Chief Justice ought to be about 400l. sterling. He referred to what had been said respecting the incomes of lawyers, and observed that he believed where there is one that gets 3000 dollars a year by his practice, there are twenty who do not get one third of that sum. I conceive, said he, that a much less sum than that proposed will command the first abilities upon the continent.
Mr. JACKSON said he did not doubt the truth of what the gentleman said respecting lawyers; but I would ask, said he, if the Judges of the Supreme Court of the United States are to be taken from the lowest class of lawyers? There is no doubt but that Judges may be obtained for 500l. but what kind of law—what decisions will you get from such judges? There are lawyers in some of the States, who make from 1500 to 2000 guineas a year by their great abilities: Will such men relinquish their emoluments for the honor of serving the United States?
I have received accounts from the southward by which I find that gentlemen are declining Public appointments on account of the smallness of the salaries. We ought to consider the great importance of this officer—that the lives, the properties and rights of the citizens are to depend on his decisions—that the disputes between the different States are to be finally settled in this court—that the preservation of the Constitution of the United States and of the individual States depends in a great measure on the wisdom, impartiality and independency of this officer; and in cases of impeachment, the President of the United States is to be tried by him—all the great appeals, and matters of treaty, &c. From these considerations, the first abilities should be procured—an ample and generous allowance ought to be given, so that every possible inducement to an undue bias and influence may be taken away.
Mr. PAGE spoke against low salaries. Among many other observations he said, that it had been considered by many, that low salaries were republican: But I am of a different opinion: It will be found that low salaries are anti-republican; and that if you reduce your officers to a scanty allowance, you depreciate the government you have established.
Mr. SMITH (S. C.) was opposed to a reduction of the sum. He adverted to the circumstance of raising the salaries of the judges in England at the accession of the present King: From the idea of rendering them more independent than they had been. He then stated the amount of their
salaries, and the situation of people in that country in respect to public burdens.
He then referred to the salaries of the Judges in several of the States; and pointed out the proportion of expence which the judiciary of the State of South Carolina bore to the amount of their whole civil list, and made it one third, whereas the judiciary of the United States would not amount to one eighth. He then urged the necessity of holding out such inducements as would influence the first abilities to accept of the appointment: He urged the importance of making the Judges independent: He considered the judicial department as the sheet anchor of the Constitution—A department of the first consequence to the Union—A department which in all civilized countries is placed in an eligible and independent situation.
Mr. MADISON, after recapitulating the observations respecting the first abilities, said, that it ought to be considered, that these Judges must make a new acquisition of legal knowledge.—They must have a familiar acquaintance with the laws of every State.—They must understand the nature of treaties, and especially the treaties now subsisting between these States and foreign countries, &c.—These studies will absorb a great deal of their time.
When we consider the duties that will devolve upon them, they strike the mind as being of the greatest magnitude.—They are the guardians of the Laws and of the Constitution of the United States—and I trust of the individual States also.
When we consider the great and important causes, in which opulent individuals will be parties, that are to come under their cognizance, we must be struck with the propriety of shielding these Judges from all possible assaults of temptation.—To these if we add important cases of treaties, in which the greatest interests will be involved, the idea will receive additional force. Upon the whole considering the circumstances of the people, I shall disagree to the sum proposed by the committee, but at the same time I shall not agree to the proposed reduction.
Mr. STONE, Mr. GERRY and Mr. JACKSON added some few observations—when the question for striking out 4500 was carried, and 4000 being proposed for insertion was also carried, 27 to 24.
Every article in this bill was opposed and advocated upon the foregoing, or similar principles.
SATURDAY, SEPT. 19.
The House took up the report of the committee of the whole on the Bill to establish the salaries of the judicial department. The salaries reported were severally confirmed, except the salary of the Chief Justice, which was reduced to 3500 dollars, and the District Judge of Georgia, from 1600 to 1500 dollars. The salary of the District Judge of Kentucky was increased from 800 to 1000 dollars, and the Attorney General reduced from 2000 to 1500.
In going through the report Mr. WHITE, moved that it should be so amended as to fix the salary of the District Judge of Massachusetts at 1000 dollars. He observed that this was not intended to affect Massachusetts alone, but to operate through the whole system; if he succeeded in that motion he should make a similar one with regard to the other States. That the Judiciary system was regarded by the people with a more jealous eye than any other part of the Constitution; that he conceived it both unjust and impolitic to give the District Judges higher salaries than the Judges of the several States: Unjust, because their duties would not be so burdensome; and impolitic because it would degrade the State Judiciaries by placing a subordinate federal judge in a more exalted or more eligible situation than the State Judges. That 1000 dollars being the salaries of the Judges in Massachusetts and Virginia, he supposed it might be nearly the average throughout the continent. Mr. White observed that he had never called for the yeas and nays—that he had endeavored to stifle the practice in its birth; but being then over ruled, and the measure having been adopted on numberless important subjects, he hoped he should be indulged. The motion for the yeas and nays was over ruled. The question being put on the proposed amendment to the report of the committee, was negatived.
The Secretary of the Treasury, pursuant to the order of the House of the 17th inst. reported an estimate of the sums requisite to be appropriated during the present session of Congress, towards defraying the expences of the civil list, and of the department of War, to the end of the present year, and for satisfying such warrants as have been drawn by the late Board of Treasury, which yet remain unpaid.
A message was received from the Senate, accompanying a bill for regulating the process in the court of the United States.—Referred to a committee of the whole on Monday.
Also the Judicial bill, in which the Senate had concurred with several of the amendments proposed by the House, and disagreed to others.
The House proceeded to consider the amendments made by the Senate to the bill for amend-
ing the Constitution of the United States—some of which they negatived, and others they concurred in; but not having time to go through the same, adjourned.
MONDAY, SEPT. 21.
Those amendments to the Judiciary bill, in which the Senate had not concurred, were taken up, and the House receded from the same, and agreed with the Senate.
The report of the Secretary of the Treasury was read, and referred to a committee, consisting of Mr. Wadsworth, Mr. Smith, (S.C.) Mr. Smith, (M.)
The amendments of the Senate to the amendments proposed by the House to the Constitution, were again taken up—Some were agreed to, and others nonconcurred: Messrs Madison, Sherman, and Vining were appointed a committee to confer with a committee of the Senate on those amendments in which the two Houses do not agree.
Mr. JACKSON moved that leave be given to bring in a bill to alter the time fixed for the annual meeting of Congress. This motion after some debate was carried, and leave given to bring in a bill.
The House then proceeded in the discussion of the Bill for fixing the temporary and permanent seat of the government.
Mr. MADISON objected to that clause of the bill which provides, that New-York shall be the temporary residence: He said, it is contrary to the Constitution—as it deprives the two Houses of the power to exercise a right expressly vested in them by the Constitution, of adjourning without the consent of the Supreme Executive: Should the clause remain, this bye law must be repealed, to which the consent of The President must be obtained before the two Houses could adjourn: He moved therefore that the clause should be struck out.
Mr. LAWRANCE and Mr. AMES, replied to Mr. MADISON: They contended that the consent of the President is necessary to every act of the Legislature—and that the objection applied with equal force against a permanent as against a temporary establishment of the seat of government.
Mr. LEE, and Mr. BOUDINOT supported the sentiment of Mr. MADISON—and Mr. JACKSON, and Mr. SMITH spoke in opposition to it: The vote being taken for striking out the words, it passed in the negative.
Mr. MADISON then moved to strike out the word "permanent" as it was not a term made use of in the Constitution.—This motion was negatived.
It was then ordered, That the bill be engrossed for a third reading to-morrow.
A message was received from the Senate, informing that they had concurred in the bill for establishing the salaries of the Judicial department with amendments.
The amendments were to raise the salary of the Chief Justice from 3500 to 4000 dollars—the salaries of the Associate Judges of the Supreme Court from 3000 to 3500—that of the Judge of the District of Maine from 800 to 1000—and that of the Attorney General from 1500 to 2000. The House agreed to these amendments, except the last.
A resolution was received from the Senate, that it be recommended to the several States to pass laws to make it the duty of the keepers of their several goals, to receive, and keep therein persons committed under the authority of the United States, until they be discharged by due course of law. The United States to pay 50 cents a month, for each person confined, and likewise to support all persons committed thereto for offences against the United States.
Mr. WADSWORTH, from the committee on the report of the Secretary of the Treasury, brought in a bill, by which appropriations are made for defraying of the expences of the civil list, the department of war, for warrants issued by the late Superintendent of Finance, for warrants issued by the late Board of Treasury, and to pay the invalid pensioners.
This bill was read a first and second time, and committed to a committee of the whole to be taken up to-morrow.
The report on the petition of the Baron de Glaubeck, was agreed to, allowing him fifteen months pay as a Captain in the late Continental Army.
A message was received from the Senate, that they had receded from the amendment for raising the salary of the Attorney General, and had appointed a committee of conference on the disagreeing votes of the Houses on the amendments to the Constitution.
On motion of Mr. VINING the report of the committee on the petition of the public creditors was taken up and agreed to.
On motion of Mr. GERRY, the House resolved, that the Secretary of the Treasury be directed to apply to the Supreme Executives of the several States for the state of their public debts, and the funds appropriated for the discharge of the principal and interest of the same; and the amount of the loan-office and other securities in the State Treasuries.
Adjourned.

TUESDAY, SEPT. 22.
The committee appointed to examine the enrolled bills reported, that they had examined the bill for establishing the salaries of the Judges of the Federal Courts, and of the Attorney General—the bill for allowing compensations to the President and Vice President, and the bill for establishing the Judicial Courts, and found them correct. The Speaker then signed the same.
The engrossed bill for establishing the Seat of Government for the United States was read the third time; and on the question, shall this bill pass? Mr. CARROLL called for the Ayes and Noes, which are as follows—
AYES. Messrs. Ames, Baldwin, Benson, Contee, Clymer, Fitzsimons, Floyd, Foster, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn, Jackson, Livermore, Lawrance, Leonard, P. Muhlenberg, Partridge, Van Ranselear, Scott, Sney, Sherman, Sylvester, Smith, (M.) Stone, Thatcher, Trumbull, Wadsworth, Wynkoop. 31.
NOES. Messrs. Boudinot, Bland, Burke, Cadwallader, Carroll, Coles, Lee, Madison, Matthews, Moore, Parker, Schureman, Smith, (S. C.) Sumpter, Tucker, Vining, White. 17.
Mr. GOODHUE introduced a resolution rescinding the vote for adjourning on the 23d, and to fix the time of adjournment on the 26th instant. This was adopted.
The bill for altering the time of the annual meeting of Congress was read a second time, and referred to a committee of the whole to be taken up to-morrow.
The bill to recognize and adapt to the Constitution of the United States, the establishment of the troops on the frontiers, by the ordinances of the late Congress, was taken up in committee of the whole.
Mr. JACKSON proposed a clause, to empower the President of the United States to establish posts, to raise troops, and call forth the militia of the States of Georgia and South-Carolina, in case the Creek Indians refuse to treat with the Commissioners, or violate the conditions agreed to at the ensuing negotiation.
This motion after a lengthy conversation was agreed to so far as it respects calling forth the militia, or sending part of the troops on the establishment, so that State, should the President think proper.
The committee having gone thro the bill, and made several amendments, they rose, and the Chairman reported them to the House—The House immediately took the amendments into consideration, and agreed to the same. It was then ordered that the bill be engrossed for a third reading to-morrow.
A message was received from the President of the United States, by Mr. Secretary LEAR, with the act for allowing compensations to the members of the two Houses and their respective officers, which has received his approbation and signature.
A message was received from the Senate, by Mr. Secretary OTIS, informing the House, that the act for the temporary establishment of the Post-Office, was returned to the Senate with the approbation and signature of the President.—Also, that the Senate concurred in the resolution of the House to adjourn the 26th instant.
Mr. BLAND moved, that leave be given to bring in a bill, to amend and explain a clause in the Coasting Act, which was granted, and Mr. BLAND, Mr. GOODHUE and Mr. BENSON were appointed a committee for the purpose.
Adjourned till to-morrow ten o'clock.
EUROPEAN ACCOUNTS, BY THE LAST ARRIVALS.
LONDON. AUGUST 5.
The following are copies of the letters of Monsieur de Montmorin and the Duke of Dorset.
Letter of Monsieur Montmorin to the Duc de Liancourt, President of the National Assembly.
Versailles, 27th July, 1789.
M. PRESIDENT,
The Ambassador of England has intreated to have the honor, without loss of time, to communicate the following letter to you. I have thought it so much less in my power to resist his application, as it is certain that he apprized me, in effect, verbally in the beginning of June last, of a plot against the port of Brest. Those who meditated this scheme desired certain succors for the expedition, and to have an asylum in England. The Ambassador did not give me any indication relative to the authors of this project, and he assured me that they were absolutely unknown to him. The enquiries that I have been able to make, after machinations so uncertain, have been as fruitless as they ought to be; and I have been obliged to confine myself to engage the Count de Luzerne to give the Commandant of Brest precautions to double his vigilance and activity.
"I have the honor to be, &c."
"DE MONTMORIN."
Letter of the Duke of Dorset, Ambassador at the Court of France, to the Count de Montmorin, Secretary of Foreign Affairs.
Paris, 26th July, 1789.
"SIR,"
"It has been communicated to me from divers quarters, that endeavors have been made to insinuate that my court had fomented in part the troubles that have afflicted the Capital for some time past; that she had taken advantage of the present opportunity to take up arms against France; and that even a fleet was upon the coast to co-operate with the discontented party. Totally destitute of truth as these rumors are, they appear to me to have reached the National Assembly: And the Courier National, which gives an account of the sittings of the 23d and 24th of this month, leaves suspicions which give me so much more pain, as you know, Sir, how far my court is from deserving them."
"Your Excellency will call to mind several conversations which I had with you in the beginning of June last, the horrid plot that had been proposed relative to the port of Brest: the anxiety that I felt to put the King and his Ministers upon their guard, the answer of my court which corresponds with my sentiments, and which revolts with horror from the proposition that was made:—In fine, the assurances of attachment which she re-
peated to the King and the Nation, enabled you to make known to his Majesty how much I participated in the emotion which the treachery must give him."
"As my Court has infinitely at heart to preserve the good harmony which subsists between the two nations, and to remove all contrary suspicions; I intreat you, Sir, to submit this letter, without delay, to the President of the National Assembly. You are aware how essential it is to me to justify my own conduct, and that of my Court, and to do my utmost to destroy the effect of the insidious insinuations which have been so industriously propagated."
"It is of infinite importance to me that the National Assembly should know my sentiments, that they should do justice to those of my nation, and to the open conduct which they have constantly held towards France, since I had the honor to be her organ."
"I have it so much more at heart, that you should not lose a moment in making this known; as I owe not only to my personal character, to my country, and to the English that are here, to protect them from all the reflections that may arise from the misrepresentation."
"I have the honor to be, &c."
"DORSET."
The happy effect produced by the Duke of Dorset's letter is such, that every generous Englishman will read with pleasure the following extract from a Speech made in the National Assembly on the occasion.
"A people who owe their name to the antique frankness of their ancestors, are at length determined to shake off the unworthy chains with which tyrants have loaded their arms. It is no longer the leaguing and seditious people armed by fanaticism against themselves under Charles IX. and Henry III. It is no longer the people of the Fronde, who basely harnessed to the car of Louis XIV. holds out to Europe the convulsions of an energy which slaves never can possess. It is no longer the people, who under Louis XV. sang their defeats and victories in the same tone. It is a brave people, who, after a long captivity, awaken to the remembrance of their being born freemen, who wish to be free, and will perish or attain their object."
"And who will take upon them to oppose so respectable an energy? Can it be you, you frank and courageous nation, who have spilt such seas of blood for Liberty? Oh, Englishmen! the error of a moment has made us presume it possible. The wicked system of Court Policy, an ancient and foolish rivalry, which ages have been unable to destroy, induced us to dread an event which would have dishonored the glorious cause of freedom and humanity. But all our doubts are at an end: Our ardor will be doubled by possessing your esteem and approbation. Your worthy representative has taught us yesterday, that the bravest nation in the world is also the most generous!"
THE FORM OF THE NEW CONSTITUTION OF FRANCE.
The committee has reported its deliberations on the subject of the New Form of Government. The Archbishop of Bourdeaux, M. de Clermont Tonnerre, and M. Mounier, read the preliminary observations to this important object before the National Assembly. The Abbe Syeyes has likewise made known his very valuable treatise on the Rights of Mankind: M. Mounier has done the same; both point to the same object, though they take different ways to come at it.
The principal heads of the Form of Government which the Committee has recommended, are as follows:
That the National Assembly shall be composed of two Houses of Parliament: [The committee all agree in this point, but they find a difficulty to decide in what manner the two chambers of Parliament shall be organized—some are of opinion that both should be elective—others, that the King should have the power to nominate the members of the first, in the same manner as our House of Lords is created.]
That the States General should be permanent, and meet yearly.
That the King shall have the Treasury of the State under his protection.
That he shall have the supreme and absolute command over the army.
That he shall have the nomination to all places, civil as well as ecclesiastical.
That he shall have a revenue for the maintenance of his dignity, even more considerable than he has allowed him at present.
Such are the principal points on which the Constitution is to be raised.
The following are authentic copies of the letter of the King of France to Mr. NECKAR, and his answer.
"I HAVE been deceived respecting you. Violence has been committed on my character. Behold me at length enlightened. Come, Sir, come without delay, and resume your claim to my confidence, which you have acquired for ever. My heart is known to you. I expect you with all my nation, and I very sincerely share in its impatience. On which, I pray God, Sir, until your return, to take you into his holy and worthy keeping."
"LOUIS."
Answer of Mr. Neckar, dated Geneva, July 23, in the Evening, and received by His Majesty the 26th.
"SIRE,"
"I HAVE pleased this instant received the letter with which it has pleased your Majesty to honor me. I want expressions to testify to you the tender emotions I have experienced on the return of your favor: It penetrates me more and more with the obligation I had long imposed on myself, of always distinguishing in your Ma-
jesty, the just Prince, the honest man, who can operate only the happiness of the nation when he acts from himself, from the powerful Monarch who governs it, and who is frequently exposed to do what is repugnant to his heart."
"I only take the time, Sire, to wipe away the tears which your letter has made me shed, and I fly to obey your orders. I shall not bear to you my heart; that is a property you have acquired by a thousand titles, and to which I no longer have any claim."
"I reckon with impatience, and am striving to accelerate the moments which are necessary for me to proceed to offer you the last drop of my blood, my feeble talents, my entire devotion to your sacred person, and the profound respect with which I am,
"Sire,"
"Your Majesty's most humble,
"Most obedient,
"And most zealous servant,
"NECKAR."
Mr. NECKAR arrived at Versailles on Tuesday night, in perfect health, and yesterday, at two o'clock, waited on the National Assembly, where he was received with such applauses and emotions, far beyond all applauses, as constitute the most glorious recompence this world is able to bestow on virtue.
At Strasbourg great violence has been committed. The Chief Magistrate was obliged to escape in a cart load of tanner's bark. The populace forced the town house, and demolished all the furniture, took possession of 4000l. sterl. of the public cash, and destroyed many of the archives. The citizens required leave from the Comte de Rochambeau to arm, which he refused, as well as to call on the military. The Prince de Hesse Darmstadt, Colonel of a regiment in garrison, took this on himself, and with 4000 armed citizens, dispersed the mob, several of whom were hanged. In their violence, they had got at the vast runs of Rhenish Wine, and stock which are preserved there en depot, and waded up to their knees in it.
We had great illuminations at the Palais Royal, last night, on account of M. NECKAR's arrival; but they will be general when he visits the Hotel de Ville, to which he will be invited. The National Club at the Palais Royal had eleven of the arcades most beautifully illuminated with transparencies of the King and M. Neckar.
The people in Franche Comte have destroyed all the title deeds and archives of the Nobles.
NEW-YORK, SEPTEMBER 23.
The Advices by the French Packet state—That the Ministry which came in, on the removal of M. Neckar, continued in office but four days—when the King, finding that the aristocratic party had misled him, threw himself into the arms of the people.—Restored M. Neckar, and his compatriots.—Speedy justice was executed upon some of the principals of the late Ministry—several of whom were beheaded—One of them who anticipated the public vengeance had the ceremony of his funeral performed, but the artifice being detected, the farce was turned into a tragedy, by the loss of his head.—Sixteen committees were appointed in the city of Paris for various purposes, whose vigilance and activity had restored it to peace and security: One of these committees was to furnish supplies of grain, &c.
When the King's army approached the city, the inhabitants immediately armed themselves, by seizing the hospital of the invalids; and to fortify the avenues to the city, they tore up the pavements—with these, carriages, &c. they formed a temporary fortification, in which the heavy artillery was placed. Mean time the people attacked the Bastile, the Governor of which having admitted a number of them, drew up the bridge, and then sacrificed the whole.—The citizens finding that they had been deceived, scaled the walls of this castle—took the Governor and Lieut. Governor out, and beheaded them both—and then leveled the walls to the ground—but few prisoners were found therein. During all these commotions, the National Assembly continued sitting, and preserved the greatest moderation, dignity and firmness.—The citizens were armed, and formed into regular corps under proper officers: And such arrangements made as restored peace and tranquility, and gave the happiest prospect of establishing a free government.—These events will form an important epoch in the annals of Europe, and induce a material change in the politics of the Eastern Hemisphere.
During the late disturbances in France tis said not more than thirty persons have lost their lives, on the part of the people.
ARRIVALS.—NEW-YORK.
 Saturday, Sloop Gorinna, Sacket, St. Martins, 24 days.  Sunday, Sloop Brothers, Walton, Digby, 12 do.  Monday, Brig Nancy, Carberry, Kingston, 40 do.  Ship Favorite, Willson, Hull, 56 do.  Brig Betty, Motley, Charleston, 18 do.  Ship Wm. Pitt, White, Kingston, 35 do.  Brig Columbia, Paddock, Fort au Prince, 25 do.  Sloop N. Y. Packer, Albertson, Philadelphia, 9 do.  Sloop Nancy, Price, Philadelphia, 7 do.  Packet Franklin, Vourotis, Bourdeaux, 52 do.  Ship Britannia, Renwick, Yarmouth, 56 do.  Sloop Polly, Painter, Bermuda, 19 do.  Tuesday, Ship Merchant, Bunker, Havre de Grace, — do.  Ship St. Phillip, Harrison, Bonnavista, — do.  Sloop Lady-Hammond, Grenada, — do.  Brig Charlotte, Woodruff, Aux Cayes, — do. 

The RIGHT CONSTITUTION of a COMMON-WEALTH EXAMINED, (IN CONTINUATION.)
IN free states, the people being sensible of their past condition in former times under the power of great ones, and comparing it with the possibilities and enjoyments of the present, become immediately instructed, that their main interest and concernment consists in liberty; and are taught by common sense, that the only way to secure it from the reach of great ones, is to place it in the people's hands, adorned with all the prerogatives and rights of supremacy. It is very true that the main interest and concernment of the people is liberty. If their liberties are well secured they may be happy if they will; and they generally, perhaps always, are so. The way to secure liberty is to place it in the people's hands, that is, to give them a power at all times to defend it in the legislature and in the courts of justice: But to give the people, uncontrolled, all the prerogatives and rights of supremacy, meaning the whole executive and judicial power, or even the whole undivided legislative, is not the way to preserve liberty. In such a government it is often as great a crime to oppose or decry a popular demagogue, or any of his principal friends, as in a simple monarchy to oppose a king, or in a simple aristocracy the senators: The people will not bear a contemptuous look or disrespectful word; nay, if the stile of your homage, flattery, and adoration, is not as hyperbolical as the popular enthusiasm dictates, it is construed into disaffection; the popular cry of envy, jealousy, suspicious temper, vanity, arrogance, pride, ambition, impatience, of a superior, is set up against a man, and the rage and fury of an ungovernable rabble, stimulated underhand by the demagogic despots, breaks out into every kind of insult, obloquy, and outrage, often ending in murders and massacres, like those of the De Witts, more horrible than any that the annals of despotism can produce.
It is indeed true, that "the interest of freedom is a virgin that every one seeks to deflower; and like a virgin it must be kept, or else (so great is the lust of mankind after dominion) there follows a rape upon the first opportunity." From this it follows, that liberty in the legislature is "more secure in the people's hands, than in any other, because they are most concerned in it;"—provided you keep the executive power out of their hands entirely, and give the property and liberty of the rich a security in a senate, against the encroachments of the poor in a popular assembly. Without this the rich will never enjoy any liberty, property, reputation, or life, in security. The rich have as clear a right to their liberty and property as the poor: It is essential to liberty that the rights of the rich be secured; if they are not, they will soon be robbed and become poor, and in their turn rob their robbers, and thus neither the liberty or property of any will be regarded.
The careful attention to liberty makes the people both jealous and zealous, keeping a constant guard against the attempts and encroachments of powerful or crafty underminers. But this is true only while they are made a distinct body from the executive power, and the most conspicuous citizens mingle altogether, and a scramble instantly commences for the loaves and fishes, abolition of debts, shutting up courts of justice, divisions of property, &c. Is it not an insult to common sense, for a people with the same breath to cry liberty an abolition of debts and division of goods? If debts are once abolished, and goods are divided, there will be the same reason for a fresh abolition and division every month and every day, and thus the idle, vicious and abandoned, will live in constant riot on the spoils of the industrious, virtuous, and deserving. "Powerful and crafty underminers have no where such rare sport" as in a simple democracy, or single popular assembly. No where, not in the completest despotisms, does human nature show itself so completely depraved, so nearly approaching to an equal mixture of brutality and devilism, as in the last stages of such a democracy, and in the beginning of despotism that always succeeds it.
A people having once tasted the sweets of freedom, are so affected with it, that if they discover or suspect the least design to encroach upon it, they count it a crime never to be forgiven. Strange perversion of truth and fact! This is so far from the truth, that our author himself is not able to produce a single instance of it as a proof or illustration. Instead of adducing an example of it from simple democracy, he is obliged to have recourse to an example that operates strongly against him, because taken from an aristocracy. In the Roman State, one gave up his children, another his brother, to death, to revenge an attempt against common liberty. Was Brutus a man of the people? was Brutus for a government of the people in their sovereign assemblies? Was not Brutus a Patrician? Did he not think patricians a different order of beings from plebeians? Did he not erect a simple aristocracy?
Did he not sacrifice his sons to preserve that aristocracy? Is it not equally probable that he would have sacrificed them to preserve his aristocracy from any attempt to set up such a government as our author contends for, or even against any attempt to have given the plebeians a share in the government; nay, against any attempt to erect the office of tribunes at that time? — "Divers sacrificed their lives to preserve it." To preserve what? The standing government of grandees, against which our author's whole book is written. "Some sacrificed their best friends to vindicate it, upon bare suspicion, as in the case of Melius and Manlius." To vindicate what? Liberty? popular liberty? plebeian liberty? Precisely the contrary. These characters were murdered for daring to be friends to popular liberty; for daring to think of limiting the power of the grandees, by introducing a share of popular authority, and a mixed constitution; and the people themselves were so far from the zeal, jealousy, and love of liberty, that our author ascribes to them, that they suffered their own authority to be prostituted before their eyes, to the destruction of the only friends they had, and to the establishment of their enemies, and a form of government by grandees, under which they had no liberty, and in which they had no share.—Our author cites examples of revenge in Greece. 1656 was a late age in the history of philosophy, as well as morality and religion, for a writer to preach up revenge as a duty and a virtue: Reason and philanthropy, as well as religion, pronounce it a weakness and a vice in all possible cases. Examples enough of it, however, may be found in all revolutions: But monarchies and aristocracies have practised it, and therefore the virtue of revenge is not peculiar to our author's plan. In Coreyra itself the people were massacred by the grandees as often as they massacred the grandees: and of all kind of spirits that we read of, out of hell, this is the last that an enlightened friend of liberty would philosophically inculcate. Let legal liberty vindicate itself by legal punishments and moral measures; but mobs and massacres are the disgrace of her sacred cause still more than that of humanity.
ODE TO POPULARITY.
By R. CUMBERLAND, Esquire.
O POPULARITY, thou giddy thing! What grace or profit dost thou bring? Thou art not honest, thou art not fame; I cannot call thee by a worthy name. To say I hate thee were not true; Contempt is properly thy due; I cannot love thee and despise thee too. Thou art no patriot, but the veriest cheat That ever traffick'd in deceit; A flat empiric, bellowing loud Freedom and phrensy to the mobbing crowd; And what can'st thou, if thou can'st raise Illuminations and huzzas Tho' half the city funk in one bright blaze! A patriot! no; for thou dost hold in hate The very peace and welfare of the state; When anarchy assaults the Sovereign's throne, Then is thy day, the night thy own; Then is thy triumph, when the foe Levels some dark midsummer blow, Or strong rebellion lays thy country low. Thou canst affect humility, to hide Some deep device of monstrous pride; Conscience and charity pretend, For compassing some private end; And in a canting conventicle note Long scripture passages canst quote When persecution rankles in thy throat. Thou hast no sense of nature at thy heart, No ear for science, and no eye for art, Yet confidently dost decide at once This man a wit, and that a dunce; And (strange to tell) how'er unjust, We take thy dictates upon trust, For if the world will be deceiv'd, it must. In truth and justice thou hast no delight, Virtue thou dost not know by sight; But, as the chymist by his skill, From dross and dregs a spirit can distill, So from the prisons, or the stews, Bullies, blasphemers, cheats, or Jews Shall turn to heroes, if they serve thy views. Thou dost but make a ladder of the mob, Whereby to climb into some courtly job; There false repining, warm and snug, Thou answer'st with a patient snug Miscreants, begone; who cares for you, Ye base born brawling, clamorous crew? You've serv'd my turn, and, vagabonds, adieu.
WEBSTER'S CRITICISMS UPON GIBBON'S HISTORY, (CONCLUDED FROM PAGE 152.)
IN description, our author often indulges a figurative poetical manner, highly improper. The figure of the imperial city (Constantinople) may be represented under that of an unequal triangle. The obtuse point, which advances towards the east, and the shores of Asia, meets and repels the waves of the Thracian Bosphorus. Here the author soars on poetic wings and we behold the obtuse point of a triangle, marching eastward, attacking and repulsing its foes, the waves of the Bosphorus; in the next line, the author sinks from the heights of Parnassus, and creeps on the plain of simple narrative—"The northern side of the city is bounded by the har-
"On these banks, tradition long preserved the memory of the sylvan reign of Amycus, who defied the son of Leda to the combat of the Cestus." The author takes it for granted that his reader is acquainted with all the ancient fables of Greece and Rome. Such allusions to fables or fables make a wretched figure in sober history. The author, after the manner of the poets, admits episodes into his descriptions, by way of variety and embellishment. He begins a description of Constantinople; to do justice to the city, he must describe its situation; he therefore gives an account of the Thracian Bosphorus, the Propontis and Hellespont, interspersed with ancient fables, and adorned with Poetical imagery. When he arrives at the mouth of the Hellespont, his fancy leads him to the seat of ancient Troy, and he cannot pass it without telling us from Homer, where the Grecian armies were encamped; where the flanks of the army were guarded by Agamemnon's bravest chiefs; where Achilles and his myrmidons occupied a promontory; where Ajax pitched his tent; and where his tomb was erected after his death. After indulging his fancy on this memorable field of heroic actions, he is qualified to describe Constantinople.
But it is needless to multiply examples; for similar faults occur in almost every page. Most men, who have read this history, perceive a difficulty in understanding it; yet few have attempted to find the reason; and hardly a man has dared to censure the stile and manner.
To what cause then shall we ascribe the almost unanimous consent of the English and Americans, in lavishing praises upon Gibbon's history? In some measure doubtless to the greatness of the attempt, and the want of an English history which should unfold a series of events which connects ancient and modern times. The man who should light a lamp, to illuminate the dark period of time from the 5th to the 15th century, would deserve immortal honors. The attempt is great; it is noble; it is meritorious. Gibbon appears to have been faithful, laborious, and perhaps impartial. It is his stile and manner only I am censuring; for these are exceedingly faulty. For proof of this I appeal to a single fact, which I have never heard contradicted; that a man who would comprehend Gibbon, must read with painful attention, and after all receive little improvement.
The encomiums of his countrymen proceed from false taste; a taste for superfluous ornament. Men are disposed to lessen the trouble of reading, and to spare the labor of examining into the causes and consequences of events. They choose to please their eyes and ears, rather than feed the mind. Hence the rage for abridgements, and a display of rhetorical embellishments. But a man who would know the minute springs of action; the remote and collateral, as well as the direct causes and consequences of events; and the nice shades of character which distinguish eminent men, with a view to draw rules from living examples; such a man must pass by abridgements as trash; he must have recourse to the original writers, or to collections of authentic papers. Indeed a collection of all the material, official papers, arranged in the order of time, however dry and unentertaining to most readers, is really the best and the only authentic history of a country. The philosopher and statesman, who will substitute fact for opinion, will generally suspect human testimony; but repose full confidence in the evidence of papers, which have been the original instruments of public transactions, and recorded by public authority.
These strictures are contrary to the opinions of most men, especially as they regard the stile of the author mentioned. Yet they are written with full conviction of their being well founded. They proceed from an earnest desire of arresting the progress of false taste in writing, and of seeing my countrymen called back to nature and truth.
* So Gillies, in his History of Greece, chap. II. talks about the death of the "friend of Achilles;" but leaves the reader to discover the person—not having once mentioned the name of Patroclus. I would observe further, that such appellations as the son of Leda are borrowed from the Greek; but wholly improper in our language. The Greeks had a distinct ending of the name of the father to signify son or descendants; as Heraclida. This form of the noun was known and had a definite meaning in Greece; but in English the idiom is awkward and embarrassing.
ANECDOOTE.
ABOUT thirty years ago great complaints were made that the Watchmen of London and Westminster neglected their duty to a great degree.—On this a wise Senator made a motion in the House of Commons, for leave to bring in a Bill to compel Watchmen to sleep in the Day, that they might the better discharge their duty in the Night.—The late Sir James Creed begged the Hon. Member would include him in the Bill; for he was so troubled with the Gout, that he could neither sleep Night nor Day.