Gazette of the United-States. (New-York [N.Y.]), 1789-10-03 00:00:00

Gazette of the United States.
[No. L.]
S A T U R D A Y, OCTOBER 3, 1789.
[Published on Wednesday and Saturday.]
THE TABLET.—No. L.
"There is a propensity in mankind to resist as well as to enforce dominion."
PERHAPS there is not more nicety in any question, than whether men are more averse to obey than to be obeyed. Few dispositions are naturally prone to give obedience, and probably as few are willing to relinquish it. From this original fountain have flowed perpetual streams of oppression on the one hand and sedition on the other. The secret of curbing the excesses of these propensities is found to consist in a well-balanced, well-administered government, and it admits of no other remedy. Reason, religion, benevolence, good humour, patriotism and every other useful attribute, that can be named, are utterly inadequate to the purpose of restraining the turbulent spirit of man from enormities.
As the propensity I am speaking of is a natural one, it discovers itself most strongly among men least removed from a state of nature. A savage has more of it than can be found in any possible stage of civilization. Tho' the objects, about which his will is exercised, are few and limited, yet wherever he fixes a purpose he disdains resistance. This love of rule and hatred of opposition likewise break out, with far greater fury, among the lowest and vilest part of the community, than among the sensible and enlightened. The cruelty of a waggoner over his horses is incomparably greater, than any acts of severity that are ever exercised by a man, who moves in a higher sphere of life. Overseers of negroes and other laborers discover a temper more domineering and wrathful, than can often find a place in the breasts of those whose employment is less servile.
When a monarch or other elevated characters discover an arbitrary, oppressive disposition, they excite the attention and complaints of the world. The infamy of their conduct is perpetuated and mankind are warned against such evils. But there are many persons whose whole life is a scene of cruelty and revenge, and yet whose enormities pass unpunished or unregarded. The fact is, man is too ferocious a being to be let loose. In many respects the law restrains him. There are however a thousand instances which the law cannot reach, where men exhibit striking demonstrations that one of the most natural features of the human character, is the love of enforcing as well as resisting dominion. The propensity to do both is so active and strong, that no comparison can be drawn to settle the question, which is the most universal and irresistible. From these sketches we deduce the necessity of checking the extremes to which the different situations of men are liable. Men in power must be restrained, and so must men out of power. One will otherwise be licentious and outrageous, the other oppressive and tyrannical. These hasty remarks are introductory to a more copious discussion of the subject, which may probably be brought forward in some future speculation.
NEWPORT, SEPTEMBER 24.
THE following Address of the Society of Cincinnati in this State, was lately presented to his Excellency the President of the United States, by the Rev. Dr. MANNING:—To which his Excellency was pleased to return the answer thereunto annexed.
To the PRESIDENT of the UNITED STATES.
SIR,
EXPRESSIONS of respect and attachment are a tribute which the citizens of America owe to your prudence, your patriotism, and valor; to the successful display of which, they are already indebted for their freedom; and from a continuance of the exercise of those qualities they may anticipate the highest state of political happiness: under these impressions, Sir, we the Society of the Cincinnati of the State of Rhode-Island, most sincerely congratulate you upon your appointment to the chief magistracy of the Union, by the unanimous suffrage of more than three millions of free citizens; an appointment rendered the more dignified by the manner in which it was conferred, and the more pleasing to your fellow-citizens from a conviction that they could no where place the sacred deposit, for which they have so long and ardently contended, with equal safety to themselves, and honor to their country. We cannot help expressing at the same time the strong obligations we feel for the sacrifice of domestic ease and retirement, to which we are sensible the love of your country alone could have prompted you—and although we are not admitted to a participation of the good effects of the government over which you so deservedly preside, yet we fondly flatter
ourselves that the period is not far distant, when the mistaken zeal which has lately prevailed in this State, will give way to a more enlightened policy. We can only add, Sir, our ardent wishes for your health and happiness. Long, long may the United States be blessed with a life to which they are so highly indebted, and may the close of your days be as peaceful and happy to yourself, as the meridian of them has been useful and glorious to your country.
ISAAC SENTER, President.
ROBERT ROGERS, Sec'y.
Rhode-Island, September 3, 1789.
To the President and Members of the Rhode-Island State Society of the Cincinnati.
GENTLEMEN,
IN returning my grateful thanks for the flattering and affectionate sentiments expressed in your address of the 3d instant, I beg you will do justice to the sincerity of my regard, which reciprocates, with great pleasure, the warmest wishes for your happiness, political and personal.
Under a persuasion of the candor and support of my fellow-citizens, I yielded obedience to the voice of my country—and impressed with a sense of duty, I forsook the pleasures of domestic retirement, to promote (if my best exertions can have such tendency) the object of a dearer interest—Those expectations of support have been amply fulfilled, and my fondest hope of their candor has been gratified by a kind and partial country.
I am much pleased, Gentlemen, with the hope, which you entertain, that mistaken zeal will give way to enlightened policy—and I desire to repeat to your society, assurances of the most affectionate esteem.
GEORGE WASHINGTON.
United States, September 14, 1789.
MARIA ANTONIETTA of AUSTRIA, QUEEN of FRANCE, TO THE NATION.
MY heart was yet bleeding at the loss of a Prince to whom I had given birth, when it was assailed by sorrows of a much more distressing nature. All France was in tears, groaning under the weight of oppression: The horrors of an approaching famine had nearly reduced the people to despair, and I hear my name mentioned with murmuring and impatience—Suddenly I was informed that all Paris was in arms, and that fire and sword were desolating the capital—In a moment I saw my court disperse and fly far away from me. My royal consort hastened immediately to his good city, carrying thither at least that internal peace which the purity of his principles has always made him to enjoy, and which the consciousness of his love for his people made him certain of imparting to them—but nothing could quiet my tender feelings, alarmed for the citizens of Paris and for all France, whose universal desolation filled my heart with unutterable distress. Thus forsaken and reduced to the most deplorable situation, I shut myself up with my children—I pressed them a thousand and a thousand times to my bosom—I mixed my tears and bitter cries with their infant wailings; in their tender and innocent caresses I could find some alleviation to my own misfortunes, but those of the nation left me inconsolable.
A Princess, whom Heaven has formed and bestowed on mortals for the happiness of all those to whom her cares may extend, and for the satisfaction of all who know her, the most tender and affectionate of women, came and mixed her tears with mine.—Ye Frenchmen! she is my cousin—the DUCHESS OF ORLEANS, (with the liveliest gratitude I mention her name, the sound of which is as grateful to your ears as her amiable person is dear to your souls). The Duchess of Orleans opened her heart to me.—What an inexhaustible source of riches and consolation was there! O what a powerful support against misfortunes, a woman, nay, even a reigning Princess may find in a virtuous friend! May this holy truth be forever deeply engraved in the heart of every mortal woman who is destined to sit upon a throne.—It will teach her how difficult it is, from that exalted seat, to make a proper choice of friends; it will lay open to her the falsehood and treachery of courtiers, and preserve her from the dangerous poison which infests every court. As sincere as she is tender, endowed with courage equal to her sweetness and generosity, this true friend, in the effusion of her soul, could not disguise from me that, I was loudly accused by the nation to be the author of its calamities.—How lively and moving were her expressions!—What a language they spoke to my heart!—It was oppressed.—It was torn with grief.—Nothing less than the affectionate and unwearied cries of that Princess, could have made me bear so rude a shock without expiring with grief.
O ye, whose wise discernment has never suffered you to remain long under any error! Ye just and enlightened nation! Ye FRENCHMEN! whose name alone is the eulogium of your minds! Ye people, cherished by the Princess who enjoys the inestimable advantage of reigning over you, and who now addresses you with a confidence that is due to you on so many accounts! Ye models of love for your Sovereigns as well as for your country! Ye heroes! whose great and valiant souls have made you so often shed your blood for those Sovereigns as well as for that country! Can it then be possible that you have not known—that you have forgot your Dauphiness, who possesses all your tenderness, and who ever since has so sincerely loved you? Ever since the alliance which has united her to the Prince who has afterwards become your King until this melancholy era, when her misfortune compels her to justify herself, she never ceased to cherish you—she had adopted you from inclination, as she had your August Dauphin. Yes, ye Frenchmen, in allying myself to you, I had placed all my felicity as well as all my glory in one day sharing his throne and reigning over your hearts. In the testimonies of love which I received from you with so much satisfaction, and the remembrance of which will ever be infinitely dear to me, be sure that you expressed no more than a just gratitude. Ever since the crown has been placed on the head of my Royal Consort, my heart never ceased to be filled with those sentiments; they are invariable as their nature—as their principle:—I will preserve and cherish them until the Divinity is pleased to call me to his bosom; here let me renew the solemn promise, to which I swear by the sacred and precious title of QUEEN OF FRANCE.
But I will confirm to you with my own mouth, this promise so pleasing to my heart—I will go into the bosom of the capital, and there expand my soul into that of the nation: I will let them see all my grief; and I sincerely wish that same nation may bring back serenity and joy. My principal wish is to persuade the people, that it will be the important business of my whole life, to promote their felicity with all my power. Ah! may I one day make them forget, that, deceitful courtiers; ministers without honor and without faith; public plunderers of all kinds, in short, an odious, cruel and bloody junto had prepared their ruin! Oh! How happy I shall then esteem myself! But I shall never enjoy either tranquility or satisfaction, until the moment when I shall have carried into the minds of that most amiable and most loving nation, that degree of conviction, which will restore and ensure to me for ever the hearts of all my dear Frenchmen.
Let us dissipate our alarms and our fears; let us strengthen, by fresh mutual assurances of reciprocal tenderness, the bands that unite us to each other; let us render them indissoluble; let all the unfortunate apply to me with unbounded confidence!—they will find my heart ever open: I will pour into theirs, every consolation which beloved children have a right to expect from a tender and affectionate mother whom they love: I will be eager to give them all the assistance in my power;—I will be their patroness and their support;—I will love to weep and grieve with those that grieve and weep; I will find an infinite sweetness in wiping off their tears, and I will place my happiness in drying up the source of them. Placed on the throne of France, my ambition still prompts another fond wish, which will fully satisfy my heart: it is, that all Frenchmen may consider me as their best friend.
A wise and economical minister is restored to us: the restorer of affairs is coming; perhaps he hears me at this moment: our misfortunes are then going to vanish: we may rely on his zeal and care, as well as on the love of our King for his people.
EUROPEAN ACCOUNTS, BY THE LAST ARRIVALS.
VIENNA, JULY 8.
An Austrian officer, who arrived here the 3d instant, in quality of a courier from Semlin, brings the important news that the Russian fleet, under Admiral Wainowich, had attacked and completely defeated the first division of the Turkish fleet, near Bessarabia. The division had under its convoy some transports with provisions for the Grand Vizier's army, which are captured by the Russians. After destroying and dispersing the Turkish ships, the conquerors made a descent upon the coast, and reduced Kalat and Kečtaga to ashes by fire.—This victory is the more important, as it will tend to occasion a scarcity of provisions in the Ottoman army.
News of the above event has caused great consternation in Constantinople, where the guards are doubled, and cannon drawn upon the banks of the Canal to resist the approach of the Russians.

The ship Alexander belonging to the Turks, which was destined to burn the Russian fleet, and which failed for Ostend, laden with merchandise, foundered on the 7th of last month, on the north coast of Holland, and all the cargo was lost, but the crew were saved by a fishing vessel.
PARIS, JULY 9.
The National Assembly has at length resolved that the Island of St. Domingo shall send six deputies to Parliament.
LONDON, JULY 17.
Previous to M. Neckar's dismissal, M. de Mirabeau retracted his charge of impeachment against him, as being the principal cause of the present scarcity of corn. It seems that M. de Mirabeau had been informed that the States of America had offered to supply France with grain, which was contradicted by a letter written from Mr. Jefferson, the American minister at Paris. He was imposed on, it is said, by some invidious persons to ruin the character of M. Neckar; this retraction is, however, no apology for his rashness in alleging a grievous charge on such a slight foundation.
JULY 18. By the Custom House books it appears, that the duty on tobacco, from the 4th of April, 1788, to the 5th of April, 1789, amounted to four hundred and ninety-eight thousand and twenty-one pounds, seven shillings, and two pence halfpenny, and that the tea for the same time only produced one hundred and twelve thousand and one hundred five pounds, one shilling, and two pence. What a fund America supplies!
JULY 23. During the tumults in Paris, M. LABUT, a private gentleman, gave 500,000 livres to assist the patriots, and at the same time offered his five children as volunteers in the cause.
The Marquis de la Fayette ordered the Bastille to be entirely demolished without consulting the King. A motion was made in the Town hall, to erect on the spot where the Bastille stood, a Statue, to be dedicated to Louis XVI—inscribed to the Father of his people, and the Restorer of Liberty!
A GENEROUS PROPOSAL!
Were England in the situation France is, and the blue and buff mob as formidable as the Parisian Canaille, our East and West India possessions would be snatched at by our Gallic neighbours. Why then should we tamely look on, and not profit by the wretched state of France? They would shew us no quarter in the same situation.
JULY 24.
Marshal Lqudoehn has written to the Emperor, to inform him that he expected there would be a practicable breach in the walls of Berbir by the 27th ult. and it was his intention to storm the fort, least, if he should wait to take it by regular approaches, he should lose so much time that the enemy might be able to succour it. The place is garrisoned chiefly by Bosniacks. The houses had been almost all beat down by the Marshal's artillery, when the last letters left the camp before Berbir. The forces employed in this siege amount to 26,000 men.
ENGAGEMENT between the SWEDES and RUSSIANS.
On the second of July, a courier arrived at Stockholm with letters from the King to the Queen, giving an account that on the 28th of June, about seven in the morning, his Majesty fell in with a body of Russians, amounting to 3600 men, near Uddemalm, two Swedish miles from Davidstadt.
That the left wing, under Lieutenant General Platen, began to attack the enemy immediately, and the action became general and very hot on both sides, although the Swedes were but 2100 in the whole; but they soon drove the Russians, and took possession of their camp.
The regiment of Westermanland suffered the most, having one officer killed and two wounded. The whole loss of the Swedes amounted to 120 killed and wounded. The Russians lost twice the number.
The King of Sweden, who only acted in the affair as a volunteer, contributed greatly to the success of the day. After the first fire, the Swedes took to their old method of charging with the bayonet; and Major Paulman, who, by marching round in the enemy's rear, distinguished himself greatly, was made a Lieutenant Colonel on the field. The King ordered the troops to rest eight hours, and then to proceed to follow the enemy. His Majesty is going on to Williamstrand, in order to see those orders executed, which he has given for attacking the enemy in every quarter, both by land and sea.
Copy of a letter from the King of Sweden to the Crown Prince.
MY DEAR SON,
I received two letters from you since my leaving Stockholm, for which I thank you.
I would not answer them before, because I had not seen the enemy.
Their troops, however, have fought well, but ours better. This news must excite you to prove worthy of commanding such a generous and brave people. I am in health, and always your affectionate Father, GUSTAVUS.
On the Field of Battle, at Uddemalm, the 28th of June, 1789.
The Crown Prince will be only eleven years old the first of next November,
We have just received an account that another action has taken place between the Russians and the Swedes in Finland, in which the latter were defeated.
General Michelson, notwithstanding the check he received from Col. Steding, who forced him to retreat to Christina, having been reinforced from Williamstrand, renewed his attack of Fort St. Michael.
Col. Steding was obliged to fall back to a place at some distance, where General Siegroth lay with a body of 4000 of the Swedish army.
The Russians followed, and a battle ensued. General Siegroth, after a most vigorous resistance, was obliged to give way, with the loss of 600 men killed and 400 wounded.
St. Michael fell into the hands of the Russians. The loss of this fort will be the most sensibly felt by the Swedes, as it was the depot of all the provisions and stores for their army in the province of Savolox, and which are now in the possession of the Russians.
The Swedes fought with great intrepidity: Tho' driven from post to post they never fled; and when they were at last obliged to give up the contest, they retreated in very good order.
They repulsed the Russians in two different attacks; but they were forced at the third to bend under the weight of superior numbers.
This action took place on the sixteenth of last month.
To compleat the misfortune of the Swedish army, thirteen transports laden with provisions, and stores for the use of that army, have been lost on the rocks near Norkoping. One of these vessels had on board the medicine chests destined for the use of all the ships composing the Royal Fleet at Carlscrone.
AUGUST 5. We have received advice that tho' Selim III, seemed from the first day of his reign to breathe nothing but vengeance against Austria and Russia, and a continuance of war against these two powers, this young Prince has very lately shewn symptoms of a disposition to peace.
The cause of those symptoms are not generally known. Some attribute them to the defeat of the first division of the Turkish fleet, which must render it next to impossible for the Ottomans to recover Oczakow.—Others to the slow but sure progress of the confederates.
Extract of a letter from Elsinour, July 25.
"We have received certain advice that the Peterburgh fleet of men of war, 40 in number, were off Gothland, in the Baltic, the 20th current, and that the Swedish Squadron was at the same time eastward of Bornholm."
AUGUST 6. The flame of liberty is appearing in Spain; and we should have wondered if it had not; it is too active in itself to be longer dormant, and the example of the first branch of the House of Bourbon will be too powerful not to be followed. Many of the Municipalities have made application to the Governors of the respective provinces to establish their ancient Cortez or Assemblies. It may require years before the spirit becomes so general as to bring the people into action; but the spark is kindled and the Court has taken the alarm. We have even heard that the King apprehends the old oath, binding him to assemble the Cortez may be tendered to him at his coronation, and that ceremony has been delayed from this apprehension.
In Flanders the people are much discontented. The ostensible reason for their murmurs and dissatisfaction is the deprivation of their Tergrefses (fairs) by the Emperor's orders; but a spirit of liberty has for some time been in embryo in these provinces, and the situation of France, and the Emperor's declining state of health, promise the Flemish an opportunity of aggrandizing themselves too glaring to be over looked, and too precious to be neglected.
AUGUST 7. By accounts received in town yesterday, we learn, that M. de Mesmay, who blew up so many of his neighbours at Vesoul, is taken, and certainly in the hands of justice.
The National Assembly have proceeded a considerable way in the modeling of their constitution, and we rejoice to hear from the best informed men in this kingdom, that their wisdom and intelligence on this subject are estimated as highly as their spirit and firmness in the great struggle which brought their Monarch to submission.
Under the article of the "Droits du Roi," they acknowledge that the dignity of the Crown is essential to the welfare of the empire; but its splendor and establishment should be derived from the people; and that the King has not, and ought not to have patrimonial estates of his own, applicable to the support of his household; that therefore there should be established a Civil List, to be granted by the nation; and that the annual sum thus appropriated to the maintenance of the Crown, should, to manifest the loyalty and liberality of Frenchmen, be larger than the sum hitherto taken and enjoyed by the King.
Under the article of "Organization et Fonctions de l'Assemblée Nationale," the committee report, that in their opinion the Assembly should consist of two houses.
That the Clergy and Noblesse should compose one house. The Commons another.
The Clergy to be represented by the Archbishops and Bishops—The inferior Clergy to be of the Third Estate, and to be eligible to sit in that Assembly as deputies, in common with their fellow citizens.
The Noblesse to be represented by the Heads of Houses only, being so numerous—That there shall be a limited number chosen to represent the whole, until the body shall be reduced to a certain number. The younger sons to be eligible to sit in the Commons House as Deputies.
AUGUST 10. The last messenger from Paris, who arrived at the Duke of Leeds's Office, Whitehall, travelled without the least interruption: So that order is beginning to return in other parts of France as well as the capital.
Since M. Neckar's return, the French stocks have risen four per cent.
THE SEA-FARING BACHELOR.
SO long harras'd by winds and seas, Tis time, at length, to take your ease, And seek a bride—for few can find The sea a mistress to their mind.
In all your rounds, 'tis wound'rous strange No fair one tempts you to a change— Madness it is, you must agree, To lodge alone till forty-three.
Old Plato own'd, no blessing here Could equal love—if but succeed; And writings penn'd, by Heaven, have shown, That man can ne'er be blest alone.
O'er life's meridian have you pass'd; The night of death advances fast! No props you plant for your decline, No partner sooths these cares of thine.
If Neptune's self, who rul'd the main. Kept sea-nymphs there to ease his pain; Yourself, who skim that empire o'er, May safely keep one nymph on shore.
Myrtilia fair, in yonder grove, Has so much beauty, so much love, That, on her lips, the meanest fly Is happier far than you or I.
THE NATIONAL MONITOR.—No. XXI.
"May the foul breath of Scandal never blast The ripening Fruits of government and peace: But may mankind from our Example learn, That laws and Freedom can united reign."
THE real sentiments of the people can not be determined by the interested declamations of party; the sneers of the envious, or the complaints of the disappointed.—A party, factious spirit rejects with disdain the soothing voice of candor, and the tediousness of cool examination.—The envious man will never want subjects to torment him, or to excite his malevolence; and it is extremely difficult to satisfy the disappointment, that their just claims are not overlooked. A wife administration will therefore look beyond these, and many other descriptions of characters which might be mentioned, to ascertain the solid judgment of the people.—For while on the one hand, it will be attentive to every suggestion that may possibly affect the general welfare, so on the other it will rise superior to the railing accusations of those, who discover a total incapacity to judge on political subjects, and instead of discovering genuine spirit of patriotism, endeavor to excite jealousies, dissatisfaction and sedition.
Congress having adjourned, the recess will afford a favorable opportunity to the members, of learning the free, unbiased opinions of their constituents.—Having in an open and prompt manner conducted their deliberations, and upon such principles as they conceived to be just, enacted a number of laws, which have an intimate connection with the essential interests of their constituents—the appeal is now made, not to the querulous, the suspicious, and the carping minority, but to that calm intelligence, that magnanimity of thinking, which distinguishes the great majority of the people of these States.
Their just observations will be duly attended to, and their righteous expectations fulfilled; and there is no doubt, but that every alteration will be made, and every arrangement adjusted, which the real and lasting benefit of the people may require.—For notwithstanding what may be asserted to the contrary, it is equally the inclination as it is the interest of the rulers of a free people, to pursue such measures as will conciliate the good will of an enlightened majority of the citizens.
INTELLIGENCE BY THE LAST MAIL.
KINGSTON, (JAMAICA) AUGUST 12.
We learn from Grenada, that the cotton crop has been equal to any reaped for years past; but among the Islands dependent on the government of St. Vincent, together with Martinique, the caterpillars have totally destroyed the promising appearance the planters had before them. In Trinidada, the crop is utterly ruined by these pernicious vermin, and the bark eaten off the trees.
BOSTON, SEPT. 23.
From a computation of the amount of impost for two or three years last past; and from the proceeds in some of the Custom-Houses, it is estimated that the impost will nett 2,500,000 dollars per annum. The civil list expenses, including the executive, legislative, and judicial, is estimated at 350,000 dollars per annum. In Philadelphia, it is said, the collection has been in the first month after the Impost Law took effect, 55,000 dollars—In New-York upwards of 40,000. And the second month will be much greater.

On Monday last, at half past 12 o'clock, the ship MASSACHUSETTS, of 800 tons, was launched at Braintree, in the view of above six thousand spectators...
SEPTEMBER 24. A brilliant action was performed yesterday on board the Leopard, of 74 guns, belonging to the French fleet, now in this harbour...
CONGRESS OF THE UNITED STATES.
Began and held at the City of New-York, on Wednesday the Fourth of March, One Thousand Seven Hundred and Eighty-Nine.
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...
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...
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 1. 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...
ARTICLE 2. 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 3. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
ARTICLE 4. 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 5. 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 6. 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 7. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment by a grand jury, except in cases arising in the land and naval forces, or in the militia when in actual service in time of war or public danger...
vate property be taken for public use without just compensation.
ARTICLE 8. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed...
ARTICLE 9. 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 by any court in the United States...
ARTICLE 10. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE 11. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE 12. 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.
FREDERICK AUGUSTUS MUHLENBERG. Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, and President of the Senate. ATTEST, JOHN BECKLEY, Clerk of the House of Representatives. SAMUEL A OTIS, Secretary of the Senate.
ACTS and RESOLUTIONS of the Congress of the United States, passed the first Session, -begun and held at the city of New-York, March 4th, 1789.
1. An act to regulate the time and manner of administering certain oaths. 2. An act for laying a duty on goods, wares and merchandizes, imported into the United States. 3. An act imposing duties on tonnage. 4. An act for establishing an executive department, to be denominated the department of foreign affairs. 5. An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on good, wares, and merchandize, imported into the United States. 6. An act for settling the accounts between the United States, and individual States. 7. An act to establish an executive department, to be denominated the department of war. 8. An act to provide for the government of the territory north west of the river Ohio. 9. An act for the establishment and support of light-houses, beacons, buoys and public piers. 10. An act providing for the expences which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same. 11. An act for registering and clearing vessels, regulating the coasting trade, and for other purposes. 12. An act to establish the treasury department. 13. An act for establishing the salaries of the executive officers of government, with their assistants and clerks. 14. An act to provide for the safe keeping of the acts, records and seal of the United States, and for other purposes. 15. An act to suspend part of an act, entitled, "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandize imported into the United States," and for other purposes. 16. An act for the temporary establishment of the Post Office. 17. An act for allowing compensation to the members of the senate and house of representatives, and to the officers of both houses. 18. An act for allowing certain compensation to the judges of the supreme and other courts, and to the attorney-general of the United States. 19. An act for allowing a compensation to the President and Vice President of the United States. 20. An act to establish the judicial courts of the United States. 21. An act to recognize and adapt to the constitution of the United States the establishment of the troops raised under the resolve of the United States in Congress assembled, and for other purposes therein mentioned. 22. An act to explain and amend an act, entitled, "an act for registering and clearing vessels, regulating the coasting trade, and for other purposes." 23. An act making appropriations for the service of the present year. 24. An act to allow the Baren de Glaubeck the pay of a captain in the army of the United States. 25. An act to regulate processes in the courts of the United States. 26. An act providing for the payment of the invalid pensioners of the United States. 27. An act to alter the time for the next meeting of Congress. A resolve for executing the survey directed by Congress in their act of June the 6th, 1788.
A resolve for procuring from time to time the statutes of the several states.
A resolve to provide for the safe-keeping of prisoners committed under authority of the United States.
A resolve for continuing John White, John Wright, and Joshua Dawson in office until the 4th of February, 1789.
A resolution proposing amendments to the constitution of the United States.
NEW-YORK, OCTOBER 3.
His Excellency the Governor, with the consent of the Council of Appointment, has been pleased to appoint RICHARD VARICK, Esq. Mayor, and SAMUEL JONES, Esq. Recorder, of this city; and AARON BURR, Esq. Attorney General of this State.
And at the late election for Charter Officers in this city, the following gentlemen were elected:
SOUTH-WARD. Jeremiah Wool, Alderman—John Van Dyk, Assistant. DOCK WARD. Wynant Van Zandt, Alderman; Peter T. Curtenius, Assistant. EAST WARD. Daniel M'Cormick, Alderman—John Pintard, Assistant. WEST WARD. Isaac Stoutenburgh, Alderman—William I. Elsworth, Assistant. NORTH WARD. John Wylley, Alderman—George Janeway, Assistant. MONTGOMERY WARD. Theophilus Beekman, Alderman—Tobias Van Zandt, Assistant. OUT WARD. Nicholas Bayard, Alderman—Stephen M'Crea, Assistant.
The present year is the most remarkable that the annals of time have produced. No other period of equal extent is marked with such efforts of the human mind to encrease and perpetuate human happiness. Look at and compare the situation of the United States now and twelve months past! How much has been accomplished, and with what wisdom and patriotism have our affairs progressed! Many a patriot doubted whether the new government would have so readily assumed an operative appearance. Great were our fears that prejudice and discord would have infused themselves into our early attempts to put our system in motion. All has terminated well. The government is organized, and the people are happy.
But America is not the only Theatre where improvements in the science of a happy government have been displayed. France exhibits a noble specimen of a people determined to unite Liberty and Law. This is the great secret, and this is the peculiar felicity at which every wise nation will aim; and when they arrive at this desirable point, glaring is the folly and base the treachery of the man, who dares to blow up a flame of uneasiness and tumult. In this exact point, do these favored States now rest, and may France, if her citizens can bear it, reach the same summit, and then may we all be quiet and contented.
It appears from the English papers, that the flame which burst out in the capital of France, has spread all over the kingdom—The people appear to be actuated by one electric spark, which, while it affects the whole body of the citizens, produces the same uniform exertions to overturn the too long established system of despotism—The light that has flashed upon their minds is in some instances too powerful to be controlled by the divine influences of reason and humanity—and the consequences have been shocking—but the philosopher will reason from effects to their causes—and while he regrets the temporary paroxysms of vengeance, he anticipates a calmer moment, when reflection shall lull the fervor of zeal, and the force of vindictive retaliation—when in peace, freedom and happiness, the French nation shall enjoy the bounties of a beneficent Providence, in one of the finest countries under Heaven.
In the warmth of debate one day, in the National Assembly, says an English paper, the royal authority, as exercised hitherto, was treated with very little ceremony. "His Majesty," said one of the Members, "talks to us of his intended bounties to the nation, as if the rights of men were but the bounties of sovereigns!"
The SPARK from the Altar of Liberty in America, which has communicated its fire to France, has not expended its animating fervor. Look to your Inquisitions—to your racks—to your tortures—and to your religious tyranny, O Spain! for the day of your emancipation cannot be far off—the right hand of your tyranny is cut off, and Freedom approaches to place her standard on the walls of your Inquisition.
If any of the human race, individually, or collectively considered, were ever under obligations to the Governor of the Universe, the people of America are bound to recognize such obligations. How suitable then is the duty, shortly to be recommended by our illustrious Chief Magistrate, of uniting with one heart, and one voice, in prayer, praise and thanksgiving "TO THE GIVER OF EVERY GOOD GIFT!"
ARRIVALS.—NEW-YORK.
Saturday, Ship Jenny, Smith, Amsterdam, 53 days. Brig Vigilant, Fox, Bonnavista, 49 days. Sunday, Sloop Betty, Brooks, Philadelphia, 10 days. Monday, Sloop Adventure, Allen, Turks Island, 20 days. Ship Juno, Clark, Whaling.

THE RIGHT CONSTITUTION of a COMMON-WEALTH EXAMINED, (IN CONTINUATION.)
FLORENCE too, and Cosimo, are quoted, and the alternatives of treachery, revenge, and cruelty; all arising, as they did in Greece, from the want of a proper division of authority and an equal balance. Let any one read the history of the first Cosimo, his wisdom, virtues, and unbounded popularity, and then consider what would have been the consequence if Florence, at that period, had been governed by our author's plan of successive single assemblies, chosen by the people annually. It is plain that the people would have chosen such, and such only, for representatives as Cosimo and his friends would have recommended: at least a vast majority of them would have been his followers, and he would have been absolute. It was the aristocracy and forms of the old constitution that alone served as a check upon him. The speech of Uzzano must convince you, that the people were more ready to make him absolute than ever the Romans were to make Cæsar a perpetual dictator. He confesses that Cosimo was followed by the whole body of the plebeians, and by one half the nobles: That if Cosimo was not made master of the Commonwealth, Rinaldo would be, whom he dreaded much more. In truth, the government at this time was in reality become monarchical, and that ill-digested aristocracy, which they called a popular State, existed only in form; and the persecution of Cosimo only served to explain the secret. Will it be denied that a nation has a right to choose a government for themselves? The question really was no more than this, whether Rinaldo or Cosimo should be master. The nation declared for Cosimo, reversed that banishment into which he had been very unjustly sent by Rinaldo, demanded his return, and voted him the father of his country. This alone is full proof, that if the people had been the keepers of their own liberties, in their successive assemblies, they would have given them all to Cosimo; whereas, had there been an equal mixture of monarchy, aristocracy, and democracy, in that constitution, the nobles and commons would have united against Cosimo the moment he attempted to overleap the boundaries of his legal authority. Uzzano confesses, that unless charity, liberality and beneficence, were crimes, Cosimo was guilty of no offence, and that there was as much to apprehend from his own party as from the other, in the point of liberty. All the subsequent attempts of Rinaldo to put Cosimo to death and to banish him were unqualified tyranny. He saved his life, it is true, by a bribe, but what kind of patrons of liberty were those who would betray it for a bribe? His recall and return from banishment seems to have been the general voice of the nation, expressed, according to the forms and spirit of the present constitution, without any appearance of such treachery as our author suggests. Whether Nedham knew the real history of Florence is very problematical; all his examples from it are so unfortunate as to be conclusive against his project of a government. The real essence of the government in Florence had been, for the greatest part of fifty years, a monarchy, in the hands of Uzzano and Naso, according to Machiavel's own account; its form an aristocracy, and its name a popular state: Nothing of the essence was changed by the restoration of Cosimo; the form and name only underwent an alteration.—Hollstein too is introduced, merely to make a story for the amusement of a drunken mob. "Here is a health to the remembrance of our liberty," said the "boorish, poor, silly generation," seventy years after they were made a duchy. Many hogheads of ale and porter, I doubt not, were drank in England in consequence of this Hollstein story; and that was all the effect it had it could have towards supporting our author's argument.
"How deep soever the impression may be, that is made by the love of liberty upon the minds of the people, it will not follow that they alone are the best keepers of their own liberties, being more tender and more concerned in their security that any powerful pretenders whatsoever." Are not the senators, whether they be hereditary or elective, under the influence of powerful motives to be tender and concerned for the security of liberty? Every senator, who consults his reason, knows that his own liberty, and that of his posterity, must depend upon the constitution which preserves it to others. What greater refuge can a nation have, than in a council, in which the national maxims, and the spirit and genius of the state, are preserved by a living tradition? What stronger motive to virtue, and to the preservation of liberty, can the human mind perceive, next to those of rewards and punishments in a future life, than the recollection of a long line of ancestors who have sat within the walls of the senate, and guided the councils, led the armies, commanded the fleets, and fought the battles of the people, by which the nation has been sustained in its infant years, defended from dangers, and carried through calamities, to wealth, grandeur, prosperity, and glory? What
institution more useful can possibly exist, than a living repertory of all the history, knowledge, interests, and wisdom of the commonwealth, and a living representative of all the great characters whose prudence, wisdom, and valour, are registered in the history and recorded in the archives of the country? If the people have the periodical choice of these, we may hope they will select those, among the most conspicuous for fortune, family and wealth, who are most signalized for virtue and wisdom, which is more advantageous than to be confined to the eldest son, however defective, to the exclusion of younger sons, however excellent, and to one family, though decayed and depraved, to another more deserving as in hereditary senates; But that a senate, guarded from ambition, should be objected to, by a friend of liberty and republican government, is very extraordinary. Let the people have a full share, and a decisive negative; and, with this impregnable barrier against the ambition of the senate on one side, and the executive power with an equal negative on the other, such a council will be found the patron and guardian of liberty on many occasions, when the giddy thoughtless multitude, and even their representatives, would neglect, forget, or even despise and insult it; instances of all which are not difficult to find.
CONGRESS of the UNITED STATES.
Begun and held at the City of New-York, on Wednesday the Fourth of March, One Thousand Seven Hundred and Eighty-Nine.
RESOLVED, That the survey directed by Congress in their act of June the sixth, one thousand seven hundred and eighty-eight, be made and returned to the Secretary of the Treasury without delay; and that the President of the United States be requested to appoint a fit person to complete the same, who shall be allowed five dollars per day whilst actually employed in the said service, with the expenses necessarily attending the execution thereof.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, and President of the Senate.
APPROVED, AUGUST the 26th, 1789.
GEORGE WASHINGTON, President of the United States.
An ACT to provide for the safe-keeping of the ACTS, RECORDS, and SEAL of the United States and for other purposes.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the executive department, denominated the Department of Foreign Affairs, shall hereafter be denominated the department of State, and the principal officer therein shall hereafter be called the Secretary of State.
And be it further enacted, That whenever a bill, order, resolution, or vote of the Senate and House of Representatives, having been approved and signed by the President of the United States, or not having been returned by him with his objections, shall become a law, or take effect, it shall forthwith thereafter be received by the said Secretary from the President: And whenever a bill, order, resolution, or vote, shall be returned by the President with his objections, and shall on being reconsidered, be agreed to be passed, and be approved by two thirds of both Houses of Congress, and thereby become a law or take effect, it shall, in such case, be received by the said Secretary from the President of the Senate, or the Speaker of the House of Representatives, in whichsoever House it shall last have been so approved; and the said Secretary shall, as soon as conveniently may be, after he shall receive the same, cause every such law, order, resolution, and vote, to be published in at least three of the public newspapers printed within the United States, and shall also cause one printed copy to be delivered to each Senator and Representative of the United States, and two printed copies duly authenticated to be sent to the executive authority of each State; and he shall carefully preserve the originals, and shall cause the same to be recorded in books to be provided for that purpose.
And be it further enacted, That the seal heretofore used by the United States in Congress assembled, shall be, and hereby is declared to be the seal of the United States.
And be it further enacted, That the said Secretary shall keep the said seal, and shall make out and record, and shall affix the said seal to all civil commissions, to officers of the United States, to be appointed by the President by and with the advice and consent of the Senate, or by the President alone. Provided, That the said seal shall not be affixed to any commission, before the same shall have been signed by the President of the United States, nor to any other instrument or act, without the special warrant of the President therefor.
And be it further enacted, That the said Secretary shall cause a Seal of office to be made for the said department of such device as the President of the United States shall approve, and all copies of records and papers in the said office, authen-
ticated under the said seal, shall be evidence equally as the original record or paper.
And be it further enacted, That there shall be paid to the Secretary, for the use of the United States, the following fees of office, by the persons requiring the services to be performed, except when they are performed for any officer of the United States, in a matter relating to the duties of his office, to wit: For making out and authenticating copies of records, ten cents for each sheet, containing one hundred words; for authenticating a copy of a record or paper under the seal of office, twenty-five cents.
And be it further enacted, That the said Secretary shall forthwith after his appointment, be entitled to have the custody and charge of the said seal of the United States, and also of all books, records, and papers, remaining in the office of the late Secretary of the United States in Congress assembled; and such of the said books, records, and papers, as may appertain to the Treasury department, or War department, shall be delivered over to the principal officers in the said departments respectively, as the President of the United States shall direct.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, and President of the Senate.
APPROVED, SEPTEMBER the 15th, 1789.
GEORGE WASHINGTON, President of the United States.
NEW-JERSEY PAPER MONEY.
NUMBER I.
To the CITIZENS of the State of NEW-JERSEY.
THE tender on the continental currency and on the State money of the ninth of June, 1780, was very injurious to the citizens of New-Jersey. The injustice of imposing a tender or a depreciating paper was very apparent from those two instances. Yet the State of New-Jersey, after dear bought experience, and in time of peace, in 1786, emitted a paper-money, commonly called Loan-Office-Money, to circulate for the term of twelve years, and armed it with a tender. The State in 1786, imposed a tender also on another species of their paper money, commonly called Revenue-Money, which then had twenty-two years to run. The paper money of this State, has, from the year 1786 to the present day, depreciated nearly, if not fully, one-third in its nominal value; and the depreciation of it, has in many cases on compulsory payments, occasioned to the creditor the loss of one-third of his debt. A Paper daily depreciating, wearing a tender, injuring at almost every step its progress, and likely so to continue in one part, until the year 1798, and in another part until the year 1808, was a mischief serious in its nature and fraught with many prejudicial consequences too obvious to need an enumeration. This was an enormous evil, which called loudly for redress. To remedy this and other evils, was framed the Constitution of the United States of America, which the State of New-Jersey unanimously ratified. This Constitution on the fourth of March, 1789, on which day it began to proceed and to diffuse extensively its beneficial effects, did, by the tenth section of the first article, and by the second clause of the sixth article, supercede and do away between citizen and citizen in the payment of debts, the tender on the loan-office money and revenue money of New-Jersey. This is among many others, one great benefit, which this State has already derived from the new Constitution. Happy Era, when was banished from the Union, the folly and iniquity of a tender on worthless Paper! The only money, which since the fourth of March last, has carried in New-Jersey a legal tender in the payment of debts between citizen and citizen, is Spanish milled silver dollars and Portugal johannes, which were legitimated by act of the legislature of that State on the eleventh of February, 1777. The loan-office money and revenue money, are lawfully receivable in the payment of taxes to the State, in the same manner they were before the fourth of last March. The loan-office money is, and by law ought to be receivable by the State until the expiration of its term, in satisfaction and discharge of the mortgages, on which the bills were loaned, in the same manner it was before the fourth of last March. The New-Jersey paper money has not had, since the fourth of March last, any legal tender on it between citizen and citizen in compulsory payments of debts. The citizens of New-Jersey are well entitled to avail themselves in their contracts and other money matters of the benefit of the new Constitution, the supreme law of the State.
SILVER MONEY, A Citizen of New-Jersey. Dated the 25th of September, 1789.
ANECDOTE.
IT is remarkable that Hugh Aubriot, a native of Dijon, and Prevot des Marchands of Paris, who placed the first stone of the Bastile, was, like the inventor of Phadaris' Bull, the first victim of his own work, being confined there under pretence of heresy.
Published by JOHN FENNO, No. 9, MAIDEN-LANE, near the Oswego-Market, NEW-YORK. [3dol. pr. an.]