The New-York journal, and daily patriotic register (New-York [N.Y.]), 1788-01-03 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 3, of VOL. XLII.]
THURSDAY, January 3, 1788.
[Total NUMB. 2181.]
HERE TRUTH UNLICENSE'D REIGNS; AND DARES ACCOST—E'EN KINGS THEMSELVES, OR RULERS OF THE FREE! Thompson's Liberty.
NEW-YORK : Printed and Published by THOMAS GREENLEAF, at the PRINTING-OFFICE, No. 25, WATER-STREET.
State of New-York, Court of Admiralty. Charles March, Timothy Penny, Abraham P. Mendes, John Thomson, Gad Wells, and others, Libellants.
Sundry goods, Wares and Merchandize, saved out of a vessel having no person on board, by John Shannon and others, and claimed by Gibbon Bourke, John Donnann and the said John Shannon and others, and claimed in part by Daniel McCormick for Hyem Cohen, and by William Cock for Richard Hall.
WHEREAS Charles March, Timothy Penny, Abraham P. Mendes, John Thomson, Matthew Fergo, John Howard, Gad Wells, Samuel Bells, and Peter Noyes, junior, as passengers, and Malcom Taylor, and Henry Harris, as mariners on board of the brigantine Port Roseway, have filed a libel in the said court, setting forth that in and with the said brigantine, in a voyage from the island of Jamaica to New-London, in Connecticut, on or about the first day of August, in the year 1784, in the latitude of 23 degrees and 30 minutes north or thereabouts, they discovered, and went to a vessel with only her foremast standing, and having no living creature on board, and five feet water in her hold; and that they saved and took out of the said brigantine, sundry goods, wares, and merchandize, which were by them brought to the port of New-York, and there sold at public vendue, by order of Gibbon Bourke, and John Donnann, of the said city, merchants: And whereas it appears by return of sales of Anthony L. Bleeker, that the said merchandize so saved and brought to the port of New-York, consisted of the following articles, viz. Six hogheads of sugar, the marks & numbers whereof were defaced, one hoghead of sugar marked F. No. 102, one other hoghead of sugar marked WB. No. 185, one other hoghead of sugar, marked F. S. one hoghead of spirits, marked E. [enclosed by a diamond] No. 6, one other hoghead of spirits, marked B. E. No. 4, one other hoghead of spirits, marked B. E. No. 5, one other hoghead of spirits, marked B. R. No. 3, one other hoghead of spirits, marked WB. No. 7, one other hoghead of spirits, marked WB. No. 8, and one other hoghead of spirits, marked WB. No. 9, thirteen bales of cotton wool without mark or number, 1 bale of cotton wool, marked B. three other bales of cotton wool, marked H. C. fifteen other bales of cotton wool, the marks & numbers whereof were defaced; four whole bales, four half bales, four broken bales, and four bundles of cotton wool, the marks whereof, if any had been, could not be discovered, a quantity of log wood, and five hundred and fifty-one feet of mahogany. And whereas, by an advertisement formerly published in one of the news papers printed in New-York, the said goods and merchandize were said to have been saved and taken on board of the said brigantine Port Roseway, on Thursday the 5th day of Aug. 1784. And whereas, Gibbon Bourke and John Donnann, on behalf of John Shannon, mariner, and Samuel Nesbitt, mate, Malcom Taylor, Martin George, John Harper, Swiney Wilson and Alexander McKencie, mariners, and Richard Hall, owner of the said brigantine Port Roseway, have filed a claim in the said court, praying a decree for their proportional shares of the net proceeds of the said goods: and whereas, Daniel McCormick, of the city of New-York, merchant, for and on behalf of Hyem Cohen, of the Island of Jamaica, hath filed a claim in the said court, to the monies which have arisen from the sales of the said cotton wool, or part thereof, after the payment of salvage: and whereas William Cock, of the city of New-York, Esq. for and in behalf of Richard Hall, of Shelburne, in Nova-Scotia, as sole owner of the said brigantine Port Roseway, hath also filed a claim in the said court, praying an allowance for salvage out of the monies arisen by the sale of the said goods, wares and merchandize. And whereas, it appears by the depositions of William McKenney and Malcom Taylor, two of the persons on board the brigantine Port Roseway, at the time the said goods and merchandize were so saved and taken on board; that the deserted vessel out of which the said goods were saved, were generally supposed by themselves and others then present, to have been a brigantine; and it further appears by the said depositions, and the deposition of Swiney Wilson, which depositions were severally taken in open court, that the said deserted vessel was a flout vessel (perhaps about three hundred tons burthen) had a woman's head, with guard-irons round it, that she had black sides, and yellow mouldings, that she had either three or four ports on each side abaft her chains, that she had a double deck as far as her main-mast, and had deck-beams but no plank on them before her main-mast as part of her lower deck, that she had quarter-barges, but no quarter-galleries, and was plain behind, and that her quarter-deck was raised about three feet above her main-deck. Therefore, pursuant to an order of the said court, public monition and notice is hereby given to all persons interested, or claiming to be interested, in the said goods, wares and merchandize, so saved, or any part thereof, to put in a claim in the said court for the same, within one year and a day, from the day of the date of this monition and notice. Dated the eighth day of October, in the twelfth year of the Independence of the State of New-York, and the year of our Lord, 1787.
By order of the court of Admiralty, JONH GRAHAM, Marshal. 36 gm
JUST PUBLISHED, And to be SOLD, at this Office, By the Gross, Hundred, or Dozen, HUTCHINS's, and the UNITED STATES' ALMANACK, For the Year of our Lord, 1788.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the 19th day of March, 1774, entitled, "An act for the more effectual registering of mortgages, and securing the purchasers of mortgaged estates;" that on the sixth day of June next ensuing, at ten o'clock in the forenoon, will be sold at the house of DAVID DAN, in Bedford, Westchester county, and state of New-York, to the highest bidder; all that certain Farm, Tract, pieces, or parcel of Land, lying and being in Bedford, and bounded as follows, to wit, beginning at the house of Benjamin Hayes, where he now lives, running westerly as it winds round Hayes's land, and northerly to the high way, thence westerly along the high way until it comes to Lewis McDonald's land, thence southerly until it comes to David Dan's land, thence easterly and northerly along said Dan's land until it comes to the high way or Town's land by the burying ground, thence by the high way westerly until it comes to Benjamin Hayes's land, thence by Hayes's land as it winds to the place of beginning; also one other piece of Land, lying on the north side of the high way, beginning at the Court-house, thence westerly by the high way until it comes to Lewis McDonald's land, thence northerly and westerly by Abraham Canfield's land, thence northerly and westerly by the high way, thence northerly by the high way to Abraham Canfield's land, thence east by said land, until it comes to the land of the late Stephen Holmes, deceased, thence southerly and westerly until it comes to the parsonage lands, thence near the same course until it comes to James McDonald's land, thence westerly and southerly winding round McDonald's land to the place of beginning; containing in the whole eighty acres, more or less; with the appurtenances which said premises were by indenture bearing date the 10th day of May, one thousand seven hundred and eighty-five; mortgaged by Jonathan Platt, of Bedford, Westchester county and state of New-York, to Daniel Bowne, of New-York, for securing the payment of eight hundred pounds with lawful interest for the same.
The conditions will be made known on the day of sale, by the subscriber. 45 th. 6m. DANIEL BOWNE.
At a Court of Probates of the State of New-York, held at the Probate-Office, in the City of New-York, on the fifth Day of December, in the Year of our Lord one Thousand seven Hundred and Eighty-seven.
P R E S E N T, The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Daniel Ter Bofs, and John Lyfter, administrators of Christian Genfheimer, with his will annexed, late of Rombout precinct, Dutchess county and state of New-York, yeoman, deceased, have by their petition presented to the said judge, for forth, that the said Christian Genfheimer was, at the time of his death, seized of a real estate within this state; that the petitioners have made a just and true account of the personal estate and debts of the said Christian Genfheimer, as far as they had been able to discover the same; and that thereby it appeared, that the personal estate of the said Christian Genfheimer was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates;" and the said petitioners have delivered to the said judge the account in the said petition mentioned; thereupon it is ordered by the said judge, that all persons interested in the estate of the said Christian Genfheimer, do appear before the judge of the said court of Probates, at the Probate-Office, in the city of New-York, on the twenty-eighth day of January next, to show cause, if any they have, why so much of the real estate whereof the said Christian Genfheimer died seized should not be sold, as will be sufficient to pay his debts.
57 th 4w. PETER OGILVIE.
State of New-York, ff.
WHEREAS all the real estate of which John Thompson, late of Goshen precinct, in the county of Orange, yeoman, deceased, died seized, has been sold by an order of Peter Ogilvie, Esq. Judge of the court of Probates of this state, for the payment of his debts; all persons who have any demands against the estate of the said John Thompson, are hereby notified and desired to produce the same to the said judge, at the said court of Probates, at the Probate-Office in the city of New-York, on the twenty-fifth day of March next, when and where a final settlement and distribution of the said estate will be made. Given under my hand, at the Probate Office, in the city of New-York, the twelfth day of December, in the year of our Lord one thousand seven hundred and eighty-seven. 63 th. 6w. PETER OGILVIE.
NOTICE is hereby given to all persons indebted to JAMES MYER, jun. of the city of New-York, an insolvent debtor, that unless they make immediate payment to the subscriber, assignee of the aforesaid James Myer, jun. their accounts will be put in the hands of an attorney; and all persons having claims against the said James Myer, jun. previous to his discharge, under the act of insolvency, are required immediately to present their accounts, properly attested, to the subscriber. JOHN LOVETT, Affignee. New-York, October 16, 1787. 37-t. th. 3m.
WHEREAS Nicholas Bayard, Esq. of the city of New-York, by his certain indenture of lease, under his hand and seal, duly executed, bearing date the sixteenth day of September, in the ninth year of the independence of the United States of America, and in the year of our Lord one thousand seven hundred and eighty-four, for the consideration therein mentioned, did demise and to farm let unto John Calling, all those three LOTS OF GROUND, No. 279, 280, and 281, situate in the outward, at the corner of Moll-street, and Bayard-street, to have and to hold the said three Lots unto the said John Calling, for and during and until the end and term of twenty-one years from thence next ensuing: and whereas the said John Calling had erected on said three Lots of Ground a dwelling house; and whereas the said John Calling, on the twenty-eighth day of February, in the year one thousand seven hundred and eighty-five, by indenture of mortgage, did convey unto John Egberts, of the city of New-York, house, carpenter, all the before mentioned Lots, No. 2790 280, and 281, with the buildings thereon erected to hold for aid during the residue and remainder of the said term of twenty-one years then to come and, unexpired, to secure the payment of fifty pounds, with the lawful interest: NOTICE is hereby given, that in pursuance of an act of the governor, council, and general assembly of the late colony of New-York, passed the nineteenth day of March, one thousand seven hundred and eighty-four, entitled, "An act for the more effectual registering of mortgages, and for securing the purchasers of mortgaged estates;"—the residue and remainder of the term of years yet to come, and unexpired, of, and in the said three Lots of Ground, with the buildings thereon erected, will be SOLD at PUBLIC VENDUE, to the highest bidder, on the premises, on the twenty-fifth day of February next. The sale to begin at twelve o'clock. The condition of sale will be made known at the time of the vendue, and a deed executed to the purchaser or purchasers, subject to the proviso, in the said act, in favor of other mortgages, judgments at law, and decrees in equity, prior to the said sale.
JOHN EGBERTS. New-York, August 23, 1787. 4-t. 6m.
By Order of the Honorable RICHARD MORRIS, Esq. Chief Justice of the Supreme Court of Judicature of the State of New-York:
NOTICE is hereby given to Moses Franks, and to all others whom it may concern, that on application and due proof made to the said Chief Justice, pursuant to an act of the legislature of the state of New-York, entitled, "An act for relief against absconding and absent debtors," passed the fourth day of April, 1786, he hath issued his warrants to the sheriff of the city and county of New-York, and the sheriff of the county of Suffolk, commanding them to attach, take, seize and safely keep all the estate, as well real as personal, of the said Moses Franks, an absent debtor, of what kind or nature soever, and every or any part or parcel thereof in whatever part of their bailiwick the same can be found, with all evidences, books of accounts, vouchers, and papers relating thereto. And that unless he the said Moses Franks shall appear by himself, or attorney, and discharge his debts within twelve months after the publication of this notice, all his estate, real and personal, will be sold for the payment and satisfaction of his creditors. Dated at the city of New-York, this twenty-sixth day of February, in the year of our Lord one thousand seven hundred and eighty-seven. 41 mth. 15w.
NOTICE is hereby given to all persons indebted to PETER BERRIAN, of the city of New-York, an insolvent debtor, that unless they make immediate payment to the subscriber, assignee of the estate of the aforesaid Peter Berrian, their accounts will be put in the hands of an attorney; and all persons having claims against the said Peter Berrian, previous to his discharge, under the act of insolvency, are required immediately to present their accounts, properly attested, to PETER BERRIAN, or to JOHN LOVETT, Affignee. New-York, October 16, 1787. 37-t. th. 3m.
NOTICE is hereby given to all persons indebted to THOMAS WHITE of the city of New-York, an insolvent debtor, that unless they make immediate payment to the subscriber, assignee of the estate of the aforesaid Thomas White, their accounts will be put in the hands of an attorney; and all persons having claims against the said Thomas White, previous to his discharge, under the act of insolvency, are required immediately to present their accounts, properly attested, to Thomas White, or to JOHN LOVETT, Affignee. New-York, October 16, 1787. 37-t. th. 3m.
NOTICE is hereby given to all persons indebted to JACO HAGERMAN, of the city of New-York, an insolvent debtor, that unless they make immediate payment to the subscriber, their accounts will be put in the hands of an attorney; and all his creditors are desired to bring in their accounts properly attested. A dividend is intended to be made on the first Monday in March next, provided the creditors accounts are sent into JOHN MURRAY, or WALTER BUCHANAN, Affignees. New-York, Dec. 12, 1787. 63 12w. th.
ALL persons are hereby forbid to trust any one on my account, without my special order, as I will not pay any debts, other wise contracted. GEORGE CROOKSHANK. Nov. 18, 1787. 45 th. 3w.
TO BE SOLD, A Valuable Plantation,
Situate on PENN's NECK, Within four miles of PRINCETON; CONTAINING, THREE hundred acres, with a sufficient quantity of meadow, lying on Mill-stone Creek; about 50 acres is excellent good timber land; the remainder, as good land for all kinds of grain as any about Princeton, all in good fence. There are on the premises, a very good large dwelling house, a large barn all covered with cedar; a waggone-house, with out houses, all in good order; a large orchard that will produce 100 barrels of cider a year, with other fruit trees; a very fine well of water at the door; the situation is high, and has a fine prospect of Princeton College. This farm is rendered more delightful and convenient by the contiguous situation of a large branch of Mill-stone River.
Also, a Lot of excellent Wood Land, near the same, containing 58 acres; it lies convenient to divide into two farms, and will be sold separate, or the whole together, as may best suit the purchaser.
Also, the Stone Tavern and Lot of Land in Princeton, known by the sign of the thirteen stars, whereon is a large new stable, sheds, &c. all in good order, with a fine well of water at the kitchen door: the house is well known to be very convenient, as it has been kept as a tavern for many years.
Also, a Lot of Land of twelve acres, near this town, which may all be made into meadow.
A good and indisputable title will be given for any of the above premises.—For terms apply to the subscriber, at the sign of the College in Princeton. JACOB G. BERGEN. Princeton, Dec. 5, 1787. 60 th.
Craigie, Wainwright, & Co. DRUGGISTS,
No. 37, Wall-Street, Corner of Hanover-Square, Have imported in the last SHIPs from Europe,
A General Assortment of DRUGS, MEDICINE, and SURGEON'S INSTRUMENTS, which they will dispose of on very reasonable terms, for Cash, Bees-Wax, Snake-Root, Pot or Pearl Albes.
The following are Part of their Assortment;   Genuine red Peruvian Bark,  Glabber Salts,    Peruvian Bark, Camphor,  Opium, Spanish Flies, Manna,    Calomel, Antimony,  Aloes, Aqua Fortis, Borax,    Cream of Tartar, Flower of Sulphur, Tartar Emetic,  Gentian Root, Flowers of Lavender, Flowers of Camomile, Senna, &c.    Ippacuanha, Jalap, Rhabarb,    Surgeons Instruments.   Pocket Instruments, Dissecting Knives, Crooked Needles, Teeth Instruments, Lancets, Mortars, and Pestles, Spatulas and Bolus Knives, [mencu]  Lithotomical itto, Cupping ditto, Lint, Tow, Sponge, Pill Boxes, Phials, Gallipots, &c.   Amputating Instru- At the same place may be had, a great variety.
Genuine PATENT MEDICINE.
Practitioners and Country Store-keepers may depend upon being well supplied at the above Store. Medicine chests for shipping, plantations, of iron works, with directions suited to the disorders of the country, are made up on the lowest terms.
SALT-PETRE,
Very low, by the hundred, to be had at the above STORE. 37 c.d.
JACOB REED, jun.
At his OFFICE, No. 20, Queen Street, near the Fly-Market.
BUYS, SELLS, and EXCHANGES.
SECURITIES of the United States, and of this state, and furnishes on the most reasonable terms, such certificates as are receivable on the sales of public lands, and for the arrears of quit rents within this state.
Also, certificates that will pay for the lands lawfully sold, as well as those granted to certain companies, by the United States.
In fact, every transaction, both in the Continental and state FUNDS, negotiated with dispatch, and on the most easy terms.
MONEY EXCHANGES.
The paper money of this state at all times exchanged for specie, which is re-exchanged for paper money, at only half per cent, advance from the giving rate.
New-York, Dec. 13, 1787. 63-c.d.
S H R U B,
Of the very best Quality, by the Hoghead, Barrel, or smaller Quantity, F O R S A L E, by Charles Tillinghast, At his House, nearly opposite the New-Market in Cherry-Street.

MISCELLANY.
FOR THE NEW-YORK JOURNAL, &c. BRUTUS, No. VII.
THE result of our reasoning in the two preceding numbers is this, that in a confederated government, where the powers are divided between the general and the state government, it is essential to its existence, that the revenues of the country, without which no government can exist, should be divided between them, and so apportioned to each, as to answer their respective exigencies, as far as human wisdom can effect such a division and apportionment.
It has been shown, that no such allotment is made in this constitution, but that every source of revenue is under the control of the Congress; it therefore follows, that if this system is intended to be a complex and not a simple, a confederate and not an entire consolidated government, it contains in it the sure seeds of its own dissolution. One of two things must happen—Either the new constitution will become a mere nudum pactum , and all the authority of the rulers under it be cried down, as has happened to the present confederation—Or the authority of the individual states will be totally supplanted, and they will retain the mere form without any of the powers of government. To one or the other of these issues, I think, this new government, if it is adopted, will advance with great celerity.
It is said, I know, that such a separation of the sources of revenue, cannot be made without endangering the public safety—"unless (says a writer) it can be shown that the circumstances which may affect the public safety are reducible within certain determinate limits; unless the contrary of this position can be fairly and rationally disputed; it must be admitted as a necessary consequence, that there can be no limitation of that authority which is to provide for the defence and protection of the community, &c."
The pretended demonstration of this writer will instantly vanish, when it is considered, that the protection and defence of the community is not intended to be entrusted solely into the hands of the general government, and by his own confession it ought not to be. It is true this system commits to the general government the protection and defence of the community against foreign force and invasion, against pirates and pirates on the high seas, and against insurrections among ourselves. They are also authorised to provide for the administration of justice in certain matters of a general concern, and in some that I think are not so. But it ought to be left to the state governments to provide for the protection and defence of the citizen against the hand of private violence, and the wrongs done or attempted by individuals to each other—Protection and defence against the murderer, the robber, the thief, the cheat, and the unjust person, is to be derived from the respective state governments. The just way of reasoning therefore on this subject is this, the general government is to provide for the protection and defence of the community against foreign attacks, &c. they therefore ought to have authority sufficient to effect this, so far as is consistent with the providing for our internal protection and defence. The state governments are entrusted with the care of administering justice among its citizens, and the management of other internal concerns, they ought therefore to retain power adequate to the end. The preservation of internal peace and good order, and the due administration of law and justice, ought to be the first care of every government. The happiness of a people depends infinitely more on this than it does upon all that glory and respect which nations acquire by the most brilliant martial achievements—and I believe history will furnish but few examples of nations who have duly attended to these, who have been subdued by foreign invaders. If a proper respect and submission to the laws prevailed over all orders of men in our country; and if a spirit of public and private justice, economy and industry influenced the people, we need not be under any apprehensions but what they would be ready to repel any invasion that might be made on the country. And more than this, I would not wish from them—A defensive war is the only one I think justifiable—I do not make these observations to prove, that a government ought not to be authorised to provide for the protection and defence of a country against external enemies, but to shew that this is not the most important, much less the only object of their care.
The European governments are almost all of them framed, and administered with a view to arms, and war, as that in which their chief glory consists; they mistake the end of government—it was designed to save mens lives, not to destroy them. We ought to furnish the world with an example of a great people, who in their civil institutions hold chiefly in view, the attainment of virtue, and happiness among ourselves. Let the monarchs in Europe, share among them the glory of depopulating countries, and butchering thousands of their innocent citizens, to revenge private quarrels, or to punish an insult offered to a wife, a mistress, or a favorite: I envy them not the honor, and I pray heaven this country may never be ambitious of it. The czar Peter the great, acquired great glory by his arms; but all this was nothing, compared with the true glory which he obtained, by civilizing his rude and barbarous subjects, diffusing among them knowledge, and establishing, and cultivating the arts of life: by the former he desolated countries, and drenched the earth with human blood: by the latter he softened the ferocious nature of his people, and pointed them to the means of human happiness. The most important end of government then, is the proper direction of its internal police, and economy; this is the province of the state governments, and it is evident, and is indeed admitted, that these ought to be under, their control. Is it not then preposterous, and in the highest degree absurd, when the state governments are vested with powers so essential to the peace and good order of society, to take from them the means of their own preservation?
The idea, that the powers of congress in respect to revenue ought to be unlimited, "because the circumstances which may affect the public safety are not reducible to certain determinate limits," is novel, as it relates to the government of the
* Federalist, No. 23.
united States. The inconveniencies which resulted from the feebleness of the present confederation was discerned, and felt soon after its adoption. It was soon discovered, that a power to require money, without either the authority or means to enforce a collection of it, could not be relied upon either to provide for the common defence, the discharge of the national debt, or for support of government. Congress therefore, so early as February 1781, recommended to the states to invest them with a power to levy an impost of five per cent ad valorem, on all imported goods, as a fund to be appropriated to discharge the debts already contracted, or which should hereafter be contracted for the support of the war, to be continued until the debts should be fully and finally discharged. There is not the most distant idea held out in this act, that an unlimited power to collect taxes, duties and excises was necessary to be vested in the united states, and yet this was a time of the most pressing danger and distress. The idea then was, that if certain definite funds were assigned to the union, which were certain in their nature, productive, and easy of collection, it would enable them to answer their engagements, and provide for their defence, and the impost of five per cent was fixed upon for the purpose.
This same subject was revived in the winter and spring of 1783, and after a long consideration of the subject, and many schemes were proposed; the result was, a recommendation of the revenue system of April 1783; this system does not suggest an idea that it was necessary to grant the United States unlimited authority in matters of revenue. A variety of amendments were proposed to this system, some of which are upon the journals of Congress, but it does not appear that any of them proposed to invest the general government with discretionary power to raise money. On the contrary, all of them limit them to certain definite objects, and fix the bounds over which they could not pass. This recommendation was passed at the conclusion of the war, and was founded on an estimate of the whole national debt. It was computed, that one million and an half of dollars, in addition to the impost, was a sufficient sum to pay the annual interest of the debt, and gradually to abolish the principal—Events have proved that their estimate was sufficiently liberal, as the domestic debt appears upon its being adjusted to be less than it was computed, and since this period a considerable portion of the principal of the domestic debt has been discharged by the sale of the western lands. It has been constantly urged by Congress, and by individuals, ever since, until lately, that had this revenue been appropriated by the states, as it was recommended, it would have been adequate to every exigency of the union. Now indeed it is insisted, that all the treasures of the country are to be under the control of that body, whom we are to appoint to provide for our protection and defence against foreign enemies. The debts of the several states, and the support of the governments of them are to trust to fortune and accident. If the union should not have occasion for all the money they can raise, they will leave a portion for the state, but this must be a matter of mere grace and favor. Difficulties like these would not have been listened to by any state in the union, at a time when we were pressed on every side by a powerful enemy, and were called upon to make greater exertions than we have any reason to expect we shall ever be again. The ability and character of the convention, who framed the proposed constitution, is founded forth and reiterated by every declaimer and writer in its favor, as a powerful argument to induce its adoption. But are not the patriots who guided our councils in the perilous times of the war, entitled to equal respect. How has it happened, that none of these perceived a truth, which it is pretended is capable of such clear demonstration, that the power to raise a revenue should be deposited in the general government without limitation? Were the men so full of apprehension, so incapable of reasoning as not to be able to draw the inference? The truth is, no such necessity exists. It is a thing practicable, and by no means so difficult as is pretended, to limit the powers of the general government in respect to revenue, while yet they may retain reasonable means to provide for the common defence.
It is admitted, that human wisdom cannot foresee all the variety of circumstances that may arise to endanger the safety of nations—and it may with equal truth be added, that the power of a nation, exerted with its utmost vigour, may not be equal to repel a force with which it may be assailed, much less may it be able, with its ordinary resources and power, to oppose an extraordinary and unexpected attack; but yet every nation may form a rational judgment, what force will be competent to protect and defend it, against any enemy with which it is probable it may have to contend. In extraordinary attacks, every country must rely upon the spirit and special exertions of its inhabitants—and these extraordinary efforts will always very much depend upon the happiness and good order the people experience from a wise and prudent administration of their internal government. The states are as capable of making a just estimate on this head, as perhaps any nation in the world. We have no powerful nation in our neighbourhood; if we are to go to war, it must either be with the Aboriginal natives, or with European nations. The first are so unequal to a contest with this whole continent, that they are rather to be dreaded for the depredations they may make on our frontiers, than for any impression they will ever be able to make on the body of the country. Some of the European nations, it is true, have provinces bordering upon us, but from these, unsupported by their European forces, we have nothing to apprehend; if any of them should attack us, they will have to transport their armies across the atlantic, at immense expence, while we should defend ourselves in our own country, which abounds with every necessary of life. For defence against any assault, which there is any probability will be made upon us, we may easily form an estimate.
I may be asked to point out the sources, from which the general government could derive a sufficient revenue, to answer the demands of the union. Many might be suggested, and for my part, I am not disposed to be tenacious of my own opinion on the subject. If the object be defined with precision, and will operate to make the burden fall any thing nearly equal on the different parts of the union, I shall be satisfied.
There is one source of revenue, which it is agreed, the general government ought to have the sole control of. This is an impost upon all goods imported from foreign countries. This would, of itself, be very productive, and would be collected with ease and certainty. It will be a fund too, constantly increasing—for our commerce will grow, with the productions of the country; and these, together with our consumption of foreign goods, will increase with our population. It is said, that the impost will not produce a sufficient sum to satisfy the demands of the general government; perhaps it would not. Let some other then, equally well defined, be assigned them:—that this is practicable is certain, because such particular objects were proposed by some members of Congress when the revenue system of April 1783, was agitated in that body. It was then moved, that a tax at the rate of nine-tenths of a dollar on surveyed land, and a house tax of half a dollar on a house, should be granted to the United States. I do not mention this, because I approve of raising a revenue in this mode. I believe such a tax would be difficult in its collection, and inconvenient in its operation. But it shews, that it has heretofore been the sense of some of those, who now contend, that the general government should have unlimited authority in matters of revenue, that their authority should be definite and limited on that head. My own opinion is, that the objects from which the general government should have authority to raise a revenue, should be of such a nature, that the tax should be raised by simple laws, with few officers, with certainty and expedition, and with the least interference with the internal police of the states.—Of this nature is the impost on imported goods—and it appears to me that a duty on exports, would also be of this nature—and therefore, for ought I can discover, this would be the best source of revenue to grant the general government. I know neither the Congress nor the state legislatures will have authority under the new constitution to raise a revenue in this way. But I cannot perceive the reason of the restriction. It appears to me evident, that a tax on articles exported, would be as nearly equal as any that we can expect to lay, and it certainly would be collected with more ease and less expence than any direct tax. I do not however, contend for this mode, it may be liable to well founded objections that have not occurred to me. But this I do contend for, that some mode is practicable, and that limits must be fixed between the general government, and the states on this head, or if they be not, either the Congress in the exercise of this power, will deprive the state legislatures of the means of their existence, or the states by resisting the constitutional authority of the general government, will render it nugatory.
BRUTUS.
FOR THE NEW-YORK JOURNAL, &c. CATO, No. VII.
TO THE CITIZENS of the State of NEW-YORK. THAT the senate and president are further improperly connected, will appear, if it is considered, that their dependence on each other will prevent either from being a check upon the other; they must act in concert, and whether the power and influence of the one or the other is to prevail, will depend on the character and abilities of the men who hold those offices at the time. The senate is vested with such a proportion of the executive, that it would be found necessary that they should be constantly sitting. This circumstance did not escape the convention, and they have provided for the event, in the 2d article, which declares, that the executive may, on extraordinary occasions, convene both houses or either of them . No occasion can exist for calling the assembly without the senate; the words or either of them , must have been intended to apply only to the senate. Their wages are already provided for; and it will be therefore readily observed, that the partition between a perpetuation of their sessions and a perpetuation of their offices, in the progress of the government, will be found to be but thin and feeble. Besides, the senate, who have the sole power to try all impeachments, in case of the impeachment of the president, are to determine, as judges, the propriety of the advice they gave him, as senators. Can the senate in this, therefore, be an impartial judicature? And will they not rather serve as a screen to great public defaulters?
Among the many evils that are incorporated in this new system of government, is that of congress having the power of making or altering the regulations prescribed by the different legislatures, respecting the time, place, and manner of holding elections for representatives, and the time, and manner of choosing senators. If it is enquired, in what manner this regulation may be exercised to your injury—the answer is easy.
By the first article the house of representatives shall consist of members, chosen every second year by the people of the several states, who are qualified to vote for members of their several state assemblies; it can therefore readily be believed, that the different state legislatures, provided such can exist after the adoption of this government, will continue those easy and convenient modes for the election of representatives for the national legislature, that are in use, for the election of members of assembly for their own states; but the congress have, by the constitution, a power to make other regulations, or alter those in practice, prescribed by your own state legislatures; hence, instead of having the places of elections in the precincts, and brought home almost to your own doors, Congress may establish a place, or places, at either the extremities, center, or outer parts of the states; at a time and season too, when it may be very inconvenient to attend; and by these means destroy the rights of election; but in opposition to this reasoning, it is asserted, that it is a necessary power because the states might omit making rules for the purpose, and thereby defeat the existence of that branch of the government; this is what logicians call argumentum absurdum , for the different states, if they will have any security at all in this government, will find it in the house of representatives, and they, therefore, would not be very ready to eradicate a principle in which it dwells, or involve their country in an inextricable revolution. Besides, if this was the apprehension of the framers, and the ground of that provision, why did not they extend this controlling power to the other duties of the several state legislatures. To exemplify this the states are to appoint senators, and electors for choosing a president; but the time is to be un-
der the direction of congress. Now, if it were to omit the appointment of senators any electors, though congress was to appoint the time, which might well be apprehended as the omission of regulations for the election of members of the house of representatives, provided they had that power; or suppose they were not to meet at all: of course, the government cannot proceed in its exercise. And from this motive, or apprehension, congress ought to have taken these duties entirely in their own hands, and, by a decisive declaration, annihilated them, which they in fact have done by leaving them without the means of support, or at least resting on their bounty. To this, the advocates for this system oppose the common, empty declaration, that there is no danger that congress will abuse this power; but such language, as relative to so important a subject, is mere vapour and found without sense. Is it not in their power, however, to make such regulations as may be inconvenient to you? It must be admitted, because the words are unlimited in their sense. It is a good rule, in the construction of a contract, to suppose, that what may be done will be; therefore, in considering this subject, you are to suppose, that in the exercise of this government, a regulation of congress will be made, for holding an election for the whole state at Poughkeepsie, at New-York, or, perhaps, at Fort-Stanwix: who will then be the actual electors for the house of representatives? Very few more than those who may live in the vicinity of these places. Could any others afford the expence and time of attending? And would not the government by this means have it in their power to put whom they pleased in the house of representatives? You ought certainly to have as much or more distrust with respect to the exercise of these powers by congress, than congress ought to have with respect to the exercise of those duties which ought to be entrusted to the several states, because over them congress can have a legislative controlling power.
Hitherto we have tied up our rulers in the exercise of their duties by positive restrictions—if the cord has been drawn too tight, loosen it to the necessary extent, but do not entirely unbind them. I am no enemy to placing a reasonable confidence in them; but such an unbounded one as the advocates and framers of this new system advise you to, would be dangerous to your liberties; it has been the ruin of other governments, and will be yours, if you adopt with all its latitudinal powers—unlimited confidence in governors as well as individuals is frequently the parent of deception. What facilitated the corrupt designs of Philip of Macedon, and caused the ruin of Athens, but the unbounded confidence in their statesmen and rulers? Such improper confidence Demosthenes was so well convinced had ruined his country, that in his second Phillipic oration he remarks—"that there is one common bulwark with which men of prudence are naturally provided, the guard and security of all people, particularly of free states, against the assaults of tyrants—What is this? Distrust. Of this be mindful; to this adhere; preserve this carefully, and no calamity can affect you. Montequieu observes, that "the course of government is attended with an insensible descent to evil, and there is no reascending to good without very great efforts." The plain inference from this doctrine is, that rulers in all governments will erect an interest separate from the ruled, which will have a tendency to enslave them. There is therefore no other way of interrupting this insensible descent and warding off the evil as long as possible, than by establishing principles of distrust in your constituents, and cultivating the sentiment among yourselves. But let me enquire of you, my countrymen, whether the freedom and independence of elections is a point of magnitude? If it is, what kind of a spirit of amity, deference and concession, is that which has put it in the power of Congress at one stroke to prevent your interference in government, and do away your liberties for ever? Does either the situation or circumstances of things warrant it?
CATO.
Foreign Intelligence.
AMSTERDAM, October 11. A COMPLETE revolution has taken place in the political and civil government of this city. The magistrates, who had been removed from their offices by the party in opposition to the Stadtholder, were restored to their seats in the senate and city council. On the 9th inst. the Grand Officers and Burgomasters, who had been expelled or secluded by the faction resumed the exercise of their several stations; and on the following day the secluded counsellors were reinstated in their offices; the persons who had been appointed by the faction to supercede them, made a virtue of necessity; they resigned without any struggle, and gave up employments which they could no longer hold.
On Tuesday last, the Burgher masters received the following letter, from his Highness the Duke of Brunswick, dated Amsterdam the 9th instant.
"In order to secure the requisition of his Prussian Majesty, and the honor of his arms, of being assured of the disarming the auxiliaries and free corps that shall be found in Amsterdam, I demand of the Burgher masters and council of the city, for my entire satisfaction of the legal mode of their being disarmed, that the Leyden Port, or gate, be delivered to his Majesty's troops, that shall appear there to-morrow at noon; and I pledge myself no one shall come into the city; that the strictest discipline shall be observed, and that the troops shall stay no longer after the resolution of the state, with respect to their being disarmed, shall have been put in execution. You see, gentlemen, I ask no more than what the states require, and what other cities, such as Dordrecht and Rotterdam, desired of me."
C. G. F. D. OF BRUNSWICK.
In consequence of the above, on Wednesday morning, a deputation of two Burgher masters, and two of his council, waited on his Highness, who was near the Leyden port, or gate, in order to settle every thing relative to the present circumstances; and in the afternoon 150 of the Prussian troops came into the city, took possession of that port and the following capitulation was agreed upon.
1st, That the Prussian troops shall take possession of the Leyden gate, with one hundred and fifty men and two pieces of canon. 2d, That two squadrons of light horse should quarter at Overtoom.

3d, That none of the King's troops come into the city without permission of the magistrates. 4th, That the Burgomasters and Council of the city shall take the necessary steps for the securing of sluices, at Haarlem and Muiden posts. 5th, That the Burgomasters and Council shall give the Duke of Brunswick, a daily account how far the resolutions of the city are brought forward. 6th, That Monf. de Haaren, as commissioner on behalf of the Duke of Brunswick, shall be insinuated to what extent they have proceeded in disarming the people.
On the day of the surrender, a skirmish took place in the city between the citizens of the two parties; it was occasioned by the fashion placing wheel-barrows, covered with earth, in those streets through which the Stadholder's friends were advancing on horseback. This, with some other incidents, caused a battle to ensue, in which some Jews were killed and others wounded. Soon after, however, peace was entirely restored; and on the eleven, the Prussians took entire possession of Amsterdam.
HAGUE, October 19. Her Royal Highness delivered, on Saturday last, her complaint in writing to the commissioners of their Noble Mightinesses, which consists in declaring, that she did not require any corporal punishment against the authors and abettors of the insults offered to her, but only that they be dismissed from all their employments. And upon the enquiry made by the Commissioners of their Noble Mightinesses, who were the authors, her Highness mentioned the following gentlemen.
M. Daniel Jacobus Canter, chamberlain of the council of the city of Haarlem.
M. Franciscus Gueltherus Blok, magistrate of the city of Leyden.
M. Jan De Witt, magistrate of the city of Amsterdam.
M. Martinus Van Toulon, of the council of the city of Gouda.
M. Cornelis Van Foreest, Lord of Schooal and Camp, of the council of the city of Alkmaar.
M. A. Coferus, secretary at Woerden.
M. Cornelis Johan Dedange, lord of the manors of Wyngaarden and Ruigbrocke, of the council of the city of Gouda.
M. Cornelius De Gyzelaar, pensionary of the city of Dordrecht.
M. Adriaen Van Zeeberg, and M. Pieter Leonard Van de Kallece, pensionaries of the city of Haarlem.
M. Engelbert Francois, Van Berkel, and M. Catal Wouter Nisscher, pensionaries of the city of Amsterdam.
M. Ludovicus Timon de Kempenaar, of the Council of the city of Alkmaar; together with the house of the Defentie Wezen of the city of Amsterdam.
Adriaen Pompejus Van Leyden, Lord of Hardinxveld.
M. Balthazar Elias Abbema.
Lodewyk Hovy de Jonge.
M. John Bernard Bicker.
And their Noble Mightinesses, with most of the cities, resolved to give this satisfaction; mean while Amsterdam was to explain on Thursday, and some of their citizens concurred upon the approbation of their principals; so that this matter is as good as concluded.
LONDON, October 16.
Wednesday Mr. Pitt gave a cabinet dinner at his house adjoining the treasury, at which Mr. Grenville was also present.
Some day Mr. Grenville, who is lately arrived from Paris, had a conference of more than two hours with his majesty, in the closet at St. James's, attended by Mr. Dundas, who introduced him before the other cabinet ministers arrived.
Notwithstanding the lenity which has been purposely, and indeed by command, shown to the deluded populace in Holland by the Duke of Brunswick, ample justice is to be done on some of the ringleaders of the conspiracies against the Stadholder; to prevent which many of them, knowing how well they merit such an acknowledgement of services, have wisely taken their leave and repaired to Flanders.
By intelligence received by this day's post, it appears, that there is now more certainty of a war than ever.
October 19. The Volunteers of Ireland have given notice, that "the general appearance of hostilities, and the preparations necessary for their defence of King and country, which wisdom and prudence suggest, demand, in a very special manner, the united efforts of all good subjects." The different volunteer corps are therefore immediately to be renewed, by which means a great part of the army now in Ireland may be sent abroad, if necessary.
General Matthews failed for the West-Indies last week.
The Cape of Good Hope being a Dutch settlement, the Prince of Orange cannot be said to be reinstated in his possessions, until this French garrison is removed. The French garrison has been placed there with a view of hostility to Great-Britain. Nothing, therefore, can be more necessary than to insist upon this garrison being withdrawn. This is one part, and a principle one, of Mr. Grenville's mission, at this time, to the French Court. It is more than probable, France will not give up the Cape of Good Hope. In this case, we must go to war with her.
New-York, January 3.
OFFICIAL NOTE,
Presented by Mr. Grenville to the Compte de Montmorin , on the Fourth of October, 1787. Extracted from a Brussel's Gazette of the Eleventh of the same Month.
HIS Britannic Majesty, confiding on that friendship which happily exists between him and his Most Christian Majesty, thinks he has a right of asking some explanations on the subject of those armaments which are now carried on in all the harbours of France. A treaty of peace between the two crowns, settled on principles which seem to insure its permanency; a treaty of commerce lately signed and mutually executed; a reciprocal settlement of the interests of the two nations in the
East-Indies; the intimate connections lately entered into by the merchants of both nations; all seem to remove the idea of any hostile intention against Great-Britain, nevertheless, France is arming, and his Britannic Majesty cannot trace any European power against which the Most Christian King can possibly have any cause of complaint.
"The commotions in the United Netherlands, it is true, have alarmed Europe; but the King of Great-Britain reposes too great a confidence in the declarations of his Most Christian Majesty, to believe that he intends to support a drooping party in the Province of Holland, against the voice of the majority of those United Provinces, with whom alone he has formed an alliance; he cannot therefore suppose that the armaments of France can possibly have that object in view.
"His Britannic Majesty on the other hand is informed, that the Most Christian King has lately sent considerable forces in the East-Indies, part of which have stopped at the Cape of Good Hope and Trincomale; neither France nor the United Netherlands have any enemies in that part of the world, and the King of Great-Britain feeling himself interested in those measures more immediately than any other power, wishes to be made acquainted with the reasons of those expeditions.
"His Britannic Majesty desires nothing so sincerely as to maintain the harmony which exists between Great-Britain and France, and being persuaded that the Most Christian King is filled with the same sentiments doubts not but that he will embrace this friendly communication, in order to elucidate the misunderstandings which might arise from the armaments of France.
"The Compte de Montmorin's Answer .
"The King, persuaded that the explanations which his Britannic Majesty wishes to receive, originates in his friendly dispositions, is willing to explain the motive of this armament. The faith reposed in treaties, formerly held so sacred, has been several times violated within this century, in a manner so unprecedented, that it is become the duty of every power to prepare itself for war, even in the bosom of peace, at the least motion of any of its neighbours: All Europe knows that France has not exhibited any precedents of those unjustifiable violations, and the King too jealous of the dignity of his crown, would disdain taking such an advantage over an unprepared neighbour. His Britannic Majesty is not ignorant of the respective situation of France and Great-Britain at the beginning of last August in Europe, as well as in both Indies, and the King having religiously remained since on the defensive, sufficiently evinces the purity of his intentions. His Most Christian Majesty being determined to fulfil his treaty of alliance with the United Netherlands, and willing to prevent any power from taking advantages of the troubles of those Provinces, to seize on some part of their possessions in Europe, and in both Indies, has thought necessary to be prepared to protect them, as soon as the States General should require it. The armaments of Great-Britain, the negotiations of her Ministers in all the European Courts, and her well known steps to dissolve the alliance between France and the United Netherlands, and to accelerate the war between the Ottoman empire and Russia, Austria, and the republic of Venice; such are the reasons which have obliged the King to increase his means of defence, the extent of which has been proportioned to the preparations carried on in Great-Britain. Sheltered now from any danger of surprise, he is firmly determined not to begin hostilities; and prepared for war, although sincerely desirous of peace, he waits to lay down his arms, that England should have adopted similar measures."
Yesterday sat out upon their journey for the SEAT OF GOVERNMENT of the state of New-York (Poughkeepsie) his Excellency the GOVERNOR, accompanied by Richard Varick, and Robert Benson, Esquires.—The honorable the legislature, pursuant to his excellency's proclamation, bearing date December 3, were to have convened in that town, on Tuesday last. This meeting of the legislature is conceived by every class of people to be the most important one that the state of New-York has ever experienced since the first establishment of its sovereignty and independence, before whom, the momentous subject of the new federal constitution is to be discussed, and before whom, doubtless, its merits will be fully and impartially investigated. As this business will be greatly interesting to the public at large, not only of this state, but of every other in the union, the editor has made such an arrangement as he flatters himself will enable him to communicate the earliest, and most important intelligence of the proceedings of that honorable body—intelligence that shall be divested of every kind of prejudice, and by which he hopes to give universal satisfaction.
Yesterday arrived the brig Sophia , Capt. Ewing, in 52 days from Londonderry, in Ireland. By this vessel no later intelligence is received than already communicated.
The Editor is called on by the great voice of nature, as well as by every act of patronage from his fellow citizens, including his correspondents, subscribers, and advertising customers, to unburthen his mind by the sincerest expressions of gratefulness for every species of support and encouragement. He begs to congratulate his patrons, and the public, that the past, during an entire revolution of yon brilliant orb, nought has dared to intrude within our limits, or disturb the peaceful possession of that golden winged cherub, who, in his beak, presents the sweetly scented olive branch—and thus salutes them with—"A HAPPY NEW-YEAR."—From appearances the Editor flatters himself with having given satisfaction; if in any wise he has failed, he hopes, that an acknowledgment (with the good Doctor) of FALLIBILITY, will suffice.—The year thus closed, and the Editor finding himself called on for certain payments, he earnestly solicits, that all his customers who are in arrears for his paper, &c. would reflect upon the great expense of conducting it, and generously enable him to rub off ALL OLD SCORES and begin a NEW with the NEW-YEAR. Thus would they give him new spirit, and enable him with greater perseverance to pursue the great objects of his vocation—to soar among the spirits of BRUTUS, CATO, PUBLIUS, LANDHOLDER, &c. to detect the evil one from amid (if there be he) and to place him upon the steep of a precipice, that he might tumble thence down headlong. Thus circumstanced, and being ever anxious to perform impossibili-
ties, viz. to please every one, soliciting the continuation of public favors, &c. is the Editor ever devoted, &c. &c.
COUNTRYMAN, No. III.—Two fashionable POETIC Performance, &c. are received, and will duly be attended to.
Wants Employment,
A YOUNG Gentleman, who is versed in the FRENCH and ENGLISH LANGUES and MERCHANTS ACCOUNTS. In either of these branches he would be glad to engage. Having already officiated as teacher of the above languages, and been fortunate enough to give satisfaction, he would prefer that mode of living in future, either in a private family or as an assistant in some school—but if he fails in this, being perfectly acquainted with BOOK-KEEPING, he would accept of a place in a store, for a longer or shorter time, as may best suit the employer.
New-York, January 3, 1788. 81—e.d.
By order of BENJAMIN BLAGGE, Esquire, one of the aldermen of the city of New-York.
NOTICE is hereby given to all the creditors of John Johnston, an insolvent debtor, that they appear at the office of the said alderman, in Beekman-street, by the 9th day of January instant, at 10 o'clock, to show cause, if any they have, why an assignment of the estate of the said John Johnston should not be made for the benefit of all his creditors, and he thereupon discharged, pursuant to an act of the legislature of this state, entitled "An act for the relief of insolvent debtors," passed the 13th day of April, 1786.
JOHN JOHNSTON. Dated New-York, the 20th day of January, 1788. 81 83 e.d.
F R E I G H T, W A N T E D,
FOR a BRIG upwards of one hundred tons measurement, with an undeniable British Register and Mediterranean pass.—For either Spain, Portugal, the Straights, Western, Canary, or any of the West-India Islands.—For particulars enquire at No. 74, Water-street.
New-York, Dec. 31, 1787. 78 e.d.
T O B E S O L D,
On TUESDAY the eighth Day of January next, at twelve o'clock of the same Day, at the House of ISRAEL HONEYWELL, Jun. near Dobbs Ferry, the
Farm and Tract of Land, In Philipsburg, now in the Occupation of the said ISRAEL HONEYWELL;
CONTAINING two hundred acres more or less, together with the flock and household furniture of the said Israel Honeywell, consisting of a great variety of valuable articles, which will be sold by virtue of an execution, issued at the suit of Alice Archer, against the said Israel Honeywell.
JOHN THOMAS, Sheriff. Dated the 17th of Dec. 1787. 79 83 e.d.
Ran-away, from Cape Francois, A MULATTO MAN, Named JACQUES or JAMES, A CREOLE, from Martinico,
AN excellent kitchen and pastry COOK, 26 or 27 years of age, about 5 feet 9 inches high, middling thick, his legs are much warped, much pock-marked, a very large mouth, small eyes and funk, a large forehead and long necked; he has a kind of ring-worm on one of his arms, and has a difficulty in his speech, stammering a little—He left Cape Francois in the beginning of May last, and was supposed to have taken passage for this continent. Whoever secures said Mulatto Man, and gives intelligence, will be handsomely rewarded, and all reasonable charges paid. Enquire at No. 15, Queen-Street. 73—e.d.
NOTICE is hereby given to all persons indebted to the estate of Gilbert Ryan, of Huntington, Long-Island, Suffolk county, yeoman, an insolvent debtor, that unless they make immediate payment to the subscriber, assignee of the estate of the aforesaid Gilbert Ryan, the accounts will be put into the hands of an attorney; and all persons, having claims against said Gilbert Ryan's estate, previous to his discharge under the act of insolvency, are requested immediately to present their accounts, properly attested, to
JOHN ARDEN, Junior, Assignee. 42 m.w.f. 3m. New-York, November 15, 1787.
MARSHALL'S
Porter and Oyster-House,
Is now opened at the corner of
Cortlandt and Greenwich-Streets, opposite Powles-Hook Ferry-House, at the North-River—where every exertion will be put in force to render those who will favor him with their commands agreeable. New-York, Dec. 12, 1787. 69e.d.
Just PUBLISHED, and to be SOLD, at T. GREENLEAF'S
PRINTING-OFFICE, No. 25, Water-Street, A new, complete, and correct Edition of
Baron Steuben's Regulations
FOR THE
Order and Discipline
OF THE
Troops of the United States.
To be Sold at this PRINTING-OFFICE, B L A N K S of all Sorts.
Garret Rapalie,
No. 2, opposite the Fly-Market, has FOR SALE
DRY GOODS.
Two NEGRO BOYS about 14 years old, One WENCH, a very good COOK, can wash and iron; sold for want of employ.
Twenty FARMS of good LAND on the west side of the Delaware, about 50 miles west of Epsom; Who sells GOODS on Commission.
Said RAPALJE has FOR SALE a number of
Walker's Certificates.
New-York, Dec. 29, 1787. 77 e.d.
By Order of the Hon. RICHARD MORRIS, Esq., Chief Justice of the state of New-York.
NOTICE is hereby given by the petitioning creditors of DANIEL STRANG of Rye, in the county of West-Chester, and state of New-York, late merchant, an insolvent debtor, to their cause to the said Court of Justice, at his chambers, situate in Nassau-street, in the city of New-York, on Thursday, the third day of January next, at ten o'clock in the forenoon of the same day, why an assignment of the said debtor's estate should not be made, and the said debtor discharged, according to the form of an act of the legislature of the state, of New-York, entitled, "An act for the relief of insolvent debtors," passed the 13th day of April, 1786.
DANIEL STRANG. Dated this 13th day of Dec. 1787. 65—e.d.
Masters & Owners of Vessels
Are hereby informed, THAT they may be supplied with
cables, large or small of any length, and cordage of all sizes, made of Peterburg hemp, first quality, at Ivers's Rope-walk, at the head of Mulberry-street, the first left hand turn above the Tea-Water Pump, on such favorable terms as to merit the attention of any gentleman that would with to lay out his money to the best advantage. Cables spliced, with the addition of any length required, white rope of every sort for city or country use, hambo lines, deep sea lines, hand lead lines, log lines, houseline, and marine, &c. &c. by
H. IVERS, Rope-maker. N. B. The above articles, whether in large or small quantities, will be delivered to any part of the city without expence of cartage to the buyer. New-York, Dec. 7, 1787. 58 e.d.
NOTICE is hereby given, by the petitioning creditors of Frederick Selick, an insolvent debtor, to all the creditors of the said insolvent debtor, that they do appear before me Benjamin Blagge, Esq. one of the judges of the mayor's court of the city of New-York, at his office in Beekman-street, on Thursday the 3rd day of January, 1788, to show cause, if any they have, why an assignment of the estate of the said Frederick Selick, should not be made for the benefit of all his creditors, and the said Frederick Selick be discharged, pursuant to the directions of an act of the legislature of the state of New-York, entitled, "An act for the relief of insolvent debtors," passed the 13th day of April, 1786.
FREDERICK SELICK. Dated this 27th day of December, 1787.
BY virtue of a writ of venditioni exponas, issued out of the court of chancery, will be sold at PUBLIC VENDUE, at the Coffee-house, on Monday the tenth day of February next, at twelve o'clock, all that DWELLING HOUSE, and LOT of GROUND, situated, lying, and being, in the south ward of the city of New-York, fronting north to a certain street, called White-Hall-street, and bounded north by said White-Hall-street, on the west by a lot of ground belonging to Edward Nichols, on the south, in the rear, by a lot of land belonging to James Brown, on the east by a lot belonging to Anthony Hunter, containing in breadth in front, and rear thirty feet, and in length, on each side sixty feet, to satisfy a certain mortgage made by Israel Phillips, of the city of New-York, merchant, to Joseph Nathan of the said city, merchant.
M. WILLETT, Sheriff. New-York, Dec. 29, 1787. 73 m.b.w. 7
PUBLIC NOTICE is hereby given, that by virtue of a writ to me directed, issued out of the court of chancery of this state, I shall expose to sale, at Public Vendue, on the twenty-fifth day of January next, at eleven o'clock in the forenoon of the same day, on the premises, all that certain Dwelling-House, Mesuage, and Tenement, and Lot of Ground thereunto belonging, situate, lying and being in the city of New-York aforesaid, in Montgomery-Ward of the said city, on the north west side of Queen-street, bounded on the north east by the house and ground then or late of Charity De la Montagne, on the south west by the house and ground late of John Varick, deceased, and on the north west by the piece of ground formerly part of the said lot, but late belonging to John Alpinwall and John Lawrence, and by them laid out for and agreed to be a public street for ever, and on the south east to Queen-street aforesaid, containing, in breadth, in front to Queen-street aforesaid, thirty feet, and in breadth in the rear about twenty-three feet and an half, and in length, on each side from Queen-street to extend one hundred and seventy-one feet, together with all and singular the appurtenances. Given under my hand, this sixth day of December, in the year of our Lord one thousand seven hundred and eighty-seven. 60 m. 6w. M. WILLETT, Sheriff.
NOTICE is hereby given to all the creditors of the estate of Samuel Ketcham, jun. deceased, of Murder's Creek, that they produce their accounts to the subscribers for settlement; and all persons indebted to the said estate, are requested to make payment on or before the 1st March, 1788.
JOSEPH KETCHAM, } Administrators. RICHARD ELLISON, } Murder's Creek, near Smith's Cove, December 20th, 1787. 70 f w

POET'S CORNER.
FOR NEW-YEAR'S DAY.
I. AND now, my soul another year... II. Much of my dubious life is gone... III. Awake, my soul, with utmost care... IV. Now a new scene of time begins... V. Devoutly yield thyself to GOD...
NATIONAL CORRUPTION.
UNLESS corruption first deject the pride... And guardian vigour of the free-born soul...
Assize of BREAD,
As Established December 5, 1787. A Loaf of inspected superfine Wheat Flour to weigh Two Pounds Five Ounces for Six-pence.
HIGH WATER.
This Day, January 3. th. 22m. Aft.
THOMAS SMITH, BOOT and SHOE MAKER, LEATHER CUTTER, AND CURRIER, Queen-Street, No. 179, Corner of Beekman or Chapel Street,
BEGS leave to inform his friends and the public in general, that he carries on the above branches in an extensive manner.
Table with 3 columns: Item, Quantity, Price. Items include Gentlemen's best boots with the belt, Gentlemen's best boots turned down tops, Gentlemen's best boots with the belt York legs and bend-foles, bound with Morocco.
As also, all kinds of leather, whether for shoemakers, saddlers, or harness-makers use.—English boot-legs, bend foals as usual.
And likewise, that no shoes will be sent to any one for trial, except they be very well known, as he has already suffered too much loss on that account.
Country store-keepers, and others, will find it to their advantage to deal at the above store, as they can be supplied with upper leathers, foles, half foles, &c. by the dozen, on the most reasonable terms.
New-York RUM Of excellent Flavour and good Proof FOR SALE, By Charles Tillinghast,
At the DISTILERY, near the New-Market in Chery-street and nearest to the Ship-Yards. October 3, 1787
Just published by M. CAREY, In Philadelphia, and now to be SOLD, By THOMAS ALLEN, Book-Seller, in Queen-street, New-York
THE American Museum,
For NOVEMBER, 1787. CONTAINING, Strictures on the new Federal Constitution.
OBJECTIONS to the proposed plan of federal government. By an officer of the late continental army.
2 Answers to the preceding objections. 3 Address to the inhabitants of New-Jersey. 4 The federalist.
Rural Concerns.
5 Address from the Philadelphia society for promoting agriculture.
6 Chinese method of curing ginseng.
7 Tartarian ditto.
8 Instructions for the culture and use of maize, or Indian corn, as fodder for cattle.
9 Description of a plant of great utility in the improvement of poor and exhausted lands.
10 A valuable, cheap, and easily-procured winter food for cattle.
11 On raising potatoes.
12 On cotton planting.
13 Advantages of preserving parsnips by drying.
14 Receipts for preserving turnips from insects.
15 On the method of rearing young cattle.
16 On bee-keeping.
17 Receipt to preserve butter perfectly sweet whole year.
18 Quere addressed to the lovers of cyder.
19 Letter from Mr. Dennis Wadsworth to Col. Jeremiah Wadsworth, relative to the Hessian fly.
20 Letter on the same subject.
Medical Essays.
21 On the use of mercurial preparations in the scarlatina anginoso.
22 Observations on the cause and cure of the tetanus.
23 Letter from Dr. Thomas Bond to Dr. Fothergill, on the use of bark in scrofulous cases.
24 Relation of a cure performed by electricity.
25 Receipts for the cure of a dysentery.
Law information.
26 Statement of a cause decided in the court of common pleas, Charleston, March 5, 1785.
27 Statement of an important and interesting cause decided in the court of king's bench, London, July 20, 1787.
28 Interesting decision of the court of common pleas, in Philadelphia, August 3, 1787.
29 Law report—Green and Pollard vs. Shaffer. Judgment pronounced, Oct. 7, 1787.
Humour.
30 On the use of butlers.
31 Sufannah Troup's complaint of the badness of the police.
32 On pronouncing dictionaries.
33 Plan for a wax-work legislature.
34 Address to Gen. Burgoyne.
35 The old bachelor, No. 1.
State and other public Papers.
36 Letter from the Hon. Roger Sherman and the Hon. Oliver Ellsworth, Esq's. to governor Huntington.
37 Letter from the Hon. Elbridge Gerry, one of the delegates from the state of Massachusetts in the late federal convention, containing his reasons for not signing the new constitution.
38 General Burgoyne's pompous proclamation.
39 Speech of governor Hancock, October 18, 1787.
40 Premiums offered by the board of managers of the Pennsylvania society for the encouragement of manufactures and the useful arts.
41 Resolutions of the assembly of Virginia relative to a paper currency.
42 ——— of respectable inhabitants of Berkeley county.
43 ——— of the inhabitants of Fredericksburg, Virginia.
44 ——— of the freeholders of Fredericksburg county, Virginia.
45 ——— of the inhabitants of Petersburg, Virginia.
46 Memorial of the college of physicians of Philadelphia.
Interesting Laws.
47 Act for the receipt of tobacco in payment of taxes.
48 Act for the establishing religious freedom in Virginia.
49 Act to prevent the further importation of slaves into Virginia.
50 Act to prevent the slave trade, and to encourage the abolition of slavery in Rhode-Island.
Resolves of Congress.
Resolves relative to the devices and inscriptions of the federal copper coin.
—— relative to the Indian war in Georgia.
53 ——— relative to foreign consuls.
54 ——— relative to the Hon. John Adams Esq.
55 ——— relative to the chevalier John Paul Jones.
56 ——— relative to the territorial claim of N. Carolina and Georgia.
57 ——— relative to a complaint made the Dutch minister.
Miscellanies.
58 An oration delivered at Petersburg, Virginia, July 4, 1787, in commemoration of American Independence.
59 Account of the late revolution in Sweden. 60 Obs. on the means of extinguishing a fire. 61 Address to the ladies of America. 62 On the use of tobacco and snuff. 63 Account of three volcanos in the moon By W. Herschell. 64 Observations on the numb fish, or torporific cel. By H. C. Flagg. 65 Extract of a letter from the Hon. Thomas Jefferson, to Dr. Stiles. 66 Observations on the leech worm. 67 Letter relative to the devices and inscriptions of American medals. By Col. Humphreys. 68 Extract from an act to punish blasphemers.
Poetry.
69 Epistle to his excellency General Washington.
70 On the death of Col. John Laurens. By Philip Freneau.
71 Prospect of South-Carolina. By the late Dr. Ladd.
72 The man of sorrow. By William More Smith, Esq.
The subscription for the American Museum is 18s. per annum, for two volumes, of 624 pages.
This Work is also SOLD by Messieurs Berry and Rogers, Mr. Hodge, and Mr. Loudon. New-York, Dec. 17, 1787. 66—e.d.
At a Court of Probates of the State of New-York, held at the Probate Office in the City of New-York, on the nineteenth Day of December, in the Year of our Lord one Thousand Seven Hundred and Eighty-seven.
PRESENT.
The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS Richard Davis, and
Isaac Alling, administrators of Stephen Dwight, with his will annexed, late of Newark, in the county of Essex, and state of New-Jersey, deceased, have by their petition, presented to the said judge, set forth, that the said Stephen Dwight was at the time of his death, seized of a real estate with in this state, that the petitioners have made a just and true account of the personal estate and debts of the said Stephen Dwight, as far as they have been able to discover the same; and that thereby it appears, that the personal estate of the said Stephen Dwight was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates;" and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Stephen Dwight do appear before the judge of the said court of Probates, at the Probate Office, in the city of New-York, on the eleventh day of February next, to show cause, if any they have, why so much of the real estate whereof the said Stephen Dwight died seized, should not be sold, as will be sufficient to pay his debts.
70—th. 4w. PETER OGILVIE.
State of New-York, ss.
WHEREAS all the real estate of
which James McCluer, late of Southold, in the county of Suffolk, trader, deceased, died seized, has been sold by an order of Peter Ogilvie, Esq. judge of the court of Probates of this state, for the payment of his debts; all persons who have any demands against the estate of the said James McCluer are hereby notified and desired to produce the same to the said judge of the said court of Probates, at the dwelling-house of Ezra L'Hommedieu, in Southold, in Suffolk county on Nassau Island, on the twenty-eighth day of March next, when and where a final settlement and distribution of the said estate will be made. Given under my hand, at the Probate Office in the city of New-York the twenty-sixth day of December, in the year of our Lord one thousand seven hundred and eighty-seven. 75 th. 6w. PETER OGILVIE.
PURSUANT to an order of the
honorable John Sloss Hobart, Esq. one of the judges of the supreme court of the state of New-York:—NOTICE is hereby given, by the petitioners to all the creditors of Jonathan Douglass, an insolvent debtor, that they shew cause, if any they have, before the said judge, at his chamber, situate in Crown-street, in the city of New-York, by Monday the fourteenth day of January next, why an assignment of the said debtor's estate should not be made for the benefit of all his creditors, and the said debtor discharged, pursuant to an act for the relief of insolvent debtors, passed the 13th day of April, 1786.
JONATHAN DOUGLAS. Dated this 22nd day of Dec. 1787. 74 3t.
Petitioning Creditors, David Noble, Samuel Beech, by their attorney James Reed, William Grinding.
To the Afflicted with WORMS
LATELY received from the western country, and may be had at No. 21, Beekman-street, an extraordinary and never-failing WORM POWDER.—From long experience it has been found, that three doses of these Powders will effectually destroy the Worms, either in children or grown persons. N. York Sept. 13, 1787. 32—e.d.
A PERSON perfectly acquainted
with MERCHANT'S ACCOUNTS, would be glad of employ, in that line, either in Posting of Books, or adjusting intricate accounts. inquire of the Printer. New-York, October 25, 1787. 38—e.d.
FLAX-SEED,
STORED, Cleaned, Purchased and Sold at HARTELL and WOODWARD'S
Flax-feed store, lately occupied by Mr. JACOB SARLY, last by Mr. Nash, between Van Zandt's and Murray's Wharves. 38—e.d.
STAGE.
THE subscriber informs the public, and his friends in particular, that he now runs the STAGE from this to RYE, which Mr. HALL formerly ran. This stage starts from Mr. C. BEEKMAN'S, No. 49, Cortlandt-street, on Mondays, and Thursdays, at five o'clock in the morning, and returns on Wednesdays, and Saturdays, at six o'clock in the evening. As the subscriber has furnished himself with a very convenient new Wagon, and good Horses, for the purpose, he flatters himself, that he shall be able to give those Gentlemen and Ladies, who please to favor him with their custom, universal satisfaction.
N. B. The subscriber likewise keeps a very genteel COACH, with a good pair of HORSES, To LETT; likewise, Horses and Chairs, and Saddle Horses. Any order, left with Mr. Beekman, or at his stable, in Cortlandt-street, will be immediately attended to, by the public's most humble servant, OBADIAH WRIGHT.
Good STABLING for HORSES. New-York, Nov. 27, 1787. 49—e.d.
THE PROPRIETORS of the STAGES,
Which ply between
New-York & Philadelphia,
Respectfully inform the PUBLIC,
THAT, after this date, their
stage will leave Paules-Hook at three o'clock in the afternoon, and proceed to Elizabeth-Town; and that in order to accommodate passengers, one stage will leave Elizabeth-Town at day-light; and another stage leaves Newark at eight o'clock, and both stages go as far towards Philadelphia as the weather and roads will permit, during the winter season. December 13th, 1787. 46
THIS DAY, Is PUBLISHED in this City, The American Magazine,
For the Month of DECEMBER. CONTENTS.
INTRODUCTION, On education,
1 Gen. Lincoln's letter from Jemima Loveleap, Floretta, or the Four-
Anecdote of the Duke of Gordon, Life of Sir William Jones, Kt.
Advice to matrons, and Titus Blunt, on fashion,
to husbands that have scolding wives, and Anecdote of a sailor,
wives that have peevish husbands, Letter from Philander,
on marriage, Principles of government and commerce, Dr. Dwight's valedictory address, &c.
On bills of rights, Mr. Pope's letter to the Bishop of Rochester,
Letter to Doctor Stiles, Letter from Guy Gumbleton,
accounting for the fortifications west of the Allegany, Curiosity,
Abridgment of Smith's London review of Dr. History of Virginia, Adams's defence.
POETRY.
VERSES on the New Year,
how he took his degrees and went to keeping school; how
Lydia, The Virgin's first love, afterwards he became
The seasons moralized, a great man and wore
On a lady's striking a fly with her fan, a wig, and how any
The rare adventures of Tom Brainless; shewing what his father said of him; how he
went to college, and what he learned there; Invocations to the Nightingale,
Foreign intelligence, American intelligence, Marriages and deaths.
Subscriptions twenty shillings a year, ten shillings for six months advanced.
** Subscriptions are taken by Mr. Loudon, Messrs Berry and Rogers, Mr. R. Hodge, Mr. S. Campbell, Mr. T. Allen, Booksellers, and by the Printer hereof.
New-York, January 1, 1788. 75—e.d.
This Day PUBLISHED, And to be SOLD at this PRINTING-OFFICE [Price TEN PENCE.] The Mother's Catechism.
THIS Catechism is designed for the First, and should be taught to infants as an introduction to those Catechisms which are so easily understood. It is universally recommended by Divines.
FOR the Encouragement of the PAPER MANUFACTURES in America, the Printer hereof pays CASH, and the highest Price, for LINNEN, and COTTEN and LINNEN, RAGS
— LETTERS of INTELLIGENCE—occasional PARAGRAPHS—speculative PIECES—ESSAYS, &c.—are gratefully received at this OFFICE.— For the greater CONVENIENCE and SAFETY of which COMMUNICATIONS, a LETTER-BOX is placed in the Window. SUBSCRIPTIONS for this PAPER (printed EVERY DAY, at Six, and ONCE a Week, at Two, Dollars per Annum) are also received here—and ADVERTISEMENTS, REASONABLY INSERTED. * * PRINTING, in all its Variety, performed with NEATNESS and DISPATCH.

THE ADDRESS and REASONS OF DISSENT OF THE MINORITY OF THE CONVENTION OF THE
State of Pennsylvania to their Constituents.
[Continued from last Thursday.]
THE continental convention met in the city of Philadelphia at the time appointed. It was composed of some men of excellent characters; of others who were more remarkable for their ambition and cunning, than their patriotism; and of some who had been opponents to the independence of the United States. The delegates from Pennsylvania were, six of them, uniform and decided opponents to the constitution of this commonwealth. The convention sat upwards of four months. The doors were kept shut, and the members brought under the most solemn engagements of secrecy. Some of those who opposed their going to far beyond their powers, retired, hopeless, from the convention, others had the firmness to refuse signing the plan altogether; and many who did sign it, did it not as a system they wholly approved, but as the best that could be then obtained, and notwithstanding the time spent on this subject, it is agreed on all hands to be a work of haste and accommodation.
Whilst the gilded chains were forging in the secret conclave, the meaner instruments of despotism without, were busily employed in alarming the fears of the people, with dangers which did not exist, and exciting their hopes of greater advantages from the expected plan than even the best government on earth could produce.
The proposed plan had not many hours issued forth, from the womb of suspicious secrecy, until such as were prepared for the purpose, were carrying about petitions for people to sign, signifying their approbation of the system, and requesting the legislature to call a convention. While every measure was taken to intimidate the people against opposing it, the public papers teemed with the most violent threats against those who should dare to think for themselves, and tar and feathers were liberally promised to all those who would not immediately join in supporting the proposed government, be it what it would. Under such circumstances petitions in favor of calling a convention were signed by great numbers in and about the city, before they had leisure to read and examine the system, many of whom, now they are better acquainted with it, and have had time to investigate its principles, are heartily opposed to it. The petitions were speedily handed in to the legislature.
Affairs were in this situation, when on the 28th of September last, a resolution was proposed to the assembly by a member of the house who had been also a member of the federal convention, for calling a state convention, to be elected within ten days, for the purpose of examining and adopting the proposed constitution of the united states, though at this time the house had not received it from congress. This attempt was opposed by a minority, who, after offering every argument in their power to prevent the precipitate measure, without effect, abstened themselves from the house, as the only alternative left them, to prevent the measures taking place previous to their constituents being acquainted with the business. That violence and outrage which had been often threatened, was now practiced; some of the members were seized the next day by a mob; collected for the purpose, and forcibly dragged to the house, and there detained by force, while the quorum of the legislature so formed, completed their resolution. We shall dwell no longer on this subject, the people of Pennsylvania have been already acquainted therewith. We would only further observe, that every member of the legislature, previously to taking his seat, by solemn oath or affirmation, declares, "That they will not do or consent to any act or thing whatever that shall have a tendency to lessen or abridge their rights and privileges, as declared in the constitution of this state." And that constitution which they are so solemnly sworn to support cannot legally be altered but by a recommendation of the council of censors, who alone are authorized to propose alterations and amendments, and even these must be published at least six months, for the consideration of the people. The proposed system of government for the United States, if adopted, will alter, and may annihilate the constitution of Pennsylvania; and therefore the legislature had no authority whatever to recommend the calling a convention for that purpose. This proceeding could not be considered as binding on the people of this commonwealth. The house was formed by violence, some of the members composing it were detained by force, which alone would have vitiated any proceedings, to which they were otherwise competent; but had the legislature been legally formed, this business was absolutely without their power.
In this situation of affairs were the subscribers elected members of the convention of Pennsylvania. A convention called by a legislature in direct violation of their duty, and composed in part of members, who were compelled to attend for that purpose, to consider of a constitution proposed by a convention of the United States, who were not appointed for the purpose of framing a new form of government, but whose powers were expressly confined to altering and amending the present articles of confederation. Therefore the members of the continental convention, in proposing the plan, acted as individuals, and not as deputies from Pennsylvania—the assembly who called the state convention acted as individuals, and not as the legislature of Pennsylvania; nor could they, or the convention chosen on their recommendation, have authority to do any act or thing, that can alter or annihilate the constitution of Pennsylvania (both of which will be done by the new constitution) nor are their proceedings in our opinion, at all binding on the people.
* The Journ. of the conclave are still concealed. The continental convention, in direct violation of the 13th article of confederation, have declared, "that the ratification of nine states shall be sufficient for the establishment of this constitution, between the states so ratifying the same." Thus has the plighted faith of the states been sported with! they had solemnly engaged that the confederation now subsisting should be inviolably preserved by each of them, and the union thereby formed
The election for members of the convention was held at so early a period, and the want of information was so great, that some of us did not know of it until after it was over, and we have reason to believe that great numbers of the people of Pennsylvania have not yet had an opportunity of sufficiently examining the proposed constitution. We apprehend that no change can take place that will affect the internal government or constitution of this commonwealth, unless a majority of the people should evidence a wish for such a change; but on examining the number of votes given for members of the present state convention, we find, that of upwards of seventy thousand freemen who are entitled to vote in Pennsylvania, the whole convention has been elected by about thirteen thousand voters, and though two thirds of the members of the convention have thought proper to ratify the proposed constitution, yet those two thirds were elected by the votes of only six thousand and eight hundred freemen.
In the city of Philadelphia, and some of the eastern counties, the junta that took the lead in the business agreed to vote for none but such as would solemnly promise to adopt the system in toto , without exercising their judgment. In many of the counties the people did not attend the elections, as they had not an opportunity of judging of the plan. Others did not consider themselves bound by the call of a set of men who assembled at the state-house in Philadelphia, and assumed the name of the legislature of Pennsylvania; and some were prevented from voting by the violence of the party who were determined at all events to force down the measure. To such lengths did the tools of despotism carry their outrage, that in the night of the election for members of convention in the city of Philadelphia, several of the subscribers (being then in the city to transact your business) were grossly abused and insulted, while they were quiet in their lodgings, though they did not interfere, nor had any thing to do with said election; but, as they apprehend, because they were supposed to be adverse to the proposed constitution, and would not tamely surrender those sacred rights which you have committed to their charge.
The convention met, and the same disposition was soon manifested in considering the proposed constitution, that had been exhibited in every other stage of the business. We were prohibited by an express vote of the convention, from taking any question on the separate articles of the plan, and reduced to the necessity of adopting or rejecting in toto . It is true the majority permitted us to debate on each article, but restrained us from proposing amendments. They also determined not to permit us to enter on the minutes our reason of dissent against any of the articles, nor even on the final question our reasons of dissent against the whole. Thus situated we entered on the examination of the proposed system of government, and found it to be such as we could not adopt, without, as we conceived, surrendering up your dearest rights. We offered our objections to the convention, and opposed those parts of the plan, which, in our opinion, would be injurious to you, in the best manner we were able; and closed our arguments by offering the following propositions to the convention:
First. The right of conscience shall be held inviolable; and neither the legislative, executive nor judicial powers of the United States, shall have authority to alter, abrogate, or infringe any part of the constitution of the several states, which provide for the preservation of liberty in matters of religion.
Second. That in controversies respecting property, and in suits between man and man, trial by jury shall remain as heretofore, as well in the federal courts, as in those of the several states.
Third. That in all capital and criminal prosecutions, a man has a right to demand the cause and nature of his accusation, as well in the federal courts, as in those of the several states; to be heard by himself and counsel; to be confronted with the accusers, and witnesses; to call for evidence in his favor, and a speedy trial by an impartial jury of his vicinage, without whose unanimous consent, he cannot be found guilty, nor can he be compelled to give evidence against himself; and that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.
Fourth. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.
Fifth. That warrants unsupported by evidence, whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are grievous and oppressive, and shall not be granted either by the magistrates of the federal government or others.
Sixth. That the people have a right to the freedom of speech, of writing and publishing their sentiments, therefore, the freedom of the press shall not be restrained by any law of the United States.
Seventh. The people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game, and no law shall be passed for disarming the people of any of them, unless for crimes committed, or real danger of public injury from individuals; or as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; and that the military shall be kept under strict subordination to and be governed by the civil powers.
Eighth. The inhabitants of the several states shall have liberty to fowl and hunt in seasonable times, on the lands they hold, and on all other lands in the United States not enclosed, and in like manner to fish in all navigable waters and others not private property, without being restrained therein by any laws to be passed by the legislature of the United States.
Ninth. That no law shall be passed to restrain the legislatures of the several states, from enacting laws for imposing taxes, except imposts and duties on goods imported or exported, and that no taxes, except imposts and duties on goods imported and exported, and postage on letters, shall be levied by the authority of Congress.
Tenth. That the house of representatives be properly increased in number; that elections shall remain free; that the several states shall have power to regulate the elections for senators and representatives, without being controuled either directly or indirectly by any interference on the part of Congress; and that elections of senators be
Eleventh. That the power of organizing, arming and disciplining the militia (the manner of disciplining the militia to be prescribed by Congress) remain with the individual states, and that Congress shall not have authority to call or march any of the militia out of their own state, without the consent of such state, and for such length of time only as such state shall agree.
That the sovereignty, freedom and independency of the several states shall be retained, and every power, jurisdiction and right, which is not by this constitution expressly delegated to the United States in Congress assembled.
Twelfth. That the legislative, executive, and judicial powers be kept separate; and to this end, that a constitutional council be appointed, to advise and assist the president, who shall be responsible for the advice they give; hereby the senators would be relieved from almost constant attendance; and also that the judges be made completely independent.
Thirteenth. That no treaty which shall be directly opposed to the existing laws of the United States in Congress assembled, shall be valid until such laws shall be repealed or made conformable to such treaty; neither shall any treaties be valid which are in contradiction to the constitution of the United States, or the constitutions of the several states.
Fourteenth. That the judiciary power of the United States shall be confined to cases affecting ambassadors, other public ministers or consuls; to cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of different states; between citizens claiming lands under grants of different states, and between a state or the citizens thereof and foreign states; and in criminal cases, to such only as are expressly enumerated in the constitution; and that the United States in Congress assembled, shall not have power to enact laws, which shall alter the laws of descent and distribution of the effects of deceased persons, the titles of land or goods, or the regulation of contracts in the individual states.
After reading these propositions, we declared our willingness to agree to the plan, provided it was so amended as to meet those propositions or something similar to them; and finally moved the convention to adjourn, to give the people of Pennsylvania time to consider the subject, and determine for themselves; but these were all rejected, and the final vote was taken, when our duty to you induced us to vote against the proposed plan, and to decline signing the ratification of the same.
During the discussion we met with many insults, and some personal abuse; we were not even treated with decency, during the sitting of the convention, by the persons in the gallery of the house; however, we flatter ourselves that in contending for the preservation of those invaluable rights you have thought proper to commit to our charge, we acted with a spirit becoming freemen, and being desirous that you might know the principles which actuated our conduct, and being prohibited from inserting our reasons of dissent on the minutes of the convention, we have subjoined them for your consideration, as to you alone we are accountable. It remains with you whether you will think those inestimable privileges, which you have so ably contended for, should be sacrificed at the shrine of despotism, or whether you mean to contend for them with the same spirit that has so often baffled the attempts of an aristocratic faction, to rivet the shackles of slavery on you, and your unborn posterity.
Our objections are comprised under three general heads of dissent, viz.
WE DISSENT, First, Because it is the opinion of the most celebrated writers on government, and confirmed by uniform experience, that a very extensive territory cannot be governed on the principles of freedom, otherwise than by a confederation of republics, possessing all the powers of internal government; but united in the management of their general, and foreign concerns.
If any doubt could have been entertained of the truth of the foregoing principle, it has been fully removed by the concession of Mr. Wilson, one of the majority on this question, and who was one of the deputies in the late general convention. In justice to him we will give his own words; they are as follows, viz. "The extent of country for which the new constitution was required, produced another difficulty in the business of the federal convention. It is the opinion of some celebrated writers, that to a small territory, the democratical; to a middling territory (as Montesquieu has termed it) the monarchical; and to an extensive territory, the despotic form of government, is best adapted. Regarding then the wide and almost unbounded jurisdiction of the United States, at first view, the hand of despotism seemed necessary to controul, connect, and protect it; and hence the chief embarrassment rose. For we knew that, although our constituents would cheerfully submit to the legislative restraints of a free government, they would spurn at every attempt to shackle them with despotic power."—And again in another part of his speech he continues—"Is it probable that the dissolution of the state governments, and the establishment of one consolidated empire would be eligible in its nature, and satisfactory to the people in its administration? I think not, as I have given reasons to shew that so extensive a territory could not be governed, connected, and preserved, but by the supremacy of despotic power. All the exertions of the most potent emperors of Rome were not capable of keeping that empire together, which in extent was far inferior to the dominion of America."
We dissent, secondly, because, the powers vested in Congress by this constitution, must necessarily annihilate and absorb the legislative, executive and judicial powers of the several states, and produce from their ruins one consolidated government, which from the nature of things will be an iron-handed despotism, as nothing short of the supremacy of despotic sway could connect and govern these United States under one government.
As the truth of this position is of such decisive importance, it ought to be fully investigated, and if it is founded, to be clearly ascertained; for, should it be demonstrated, that the powers vested by this constitution in Congress, will have such an effect, as necessarily to produce one consolidated government, the question then will be reduced to this short issue, viz. whether united with the
of so recently asserting their unalienable rights, against foreign despots, at the expence of so much blood and treasure, and such painful and arduous struggles, the people of America are now willing to resign every privilege of freemen, and submit to the domination of an absolute government, that will embrace all America in one chain of despotism; or whether they will, with virtuous indignation, spurn at the shackles prepared for them, and confirm their liberties by a conduct becoming freemen?
That the new government will not be a confederacy of states, as it ought, but one consolidated government, founded upon the destruction of the several governments of the states, we shall now shew.
The powers of Congress under the new constitution, are complete and unlimited over the purse and the sword, and are perfectly independent of, and supreme over, the state governments, whose intervention in these great points is entirely destroyed. —By virtue of their power of taxation, congress may command the whole, or any part of the property of the people. They may impole what imposts upon commerce; they may impole what land-taxes, poll-taxes, excises, duties on all written instruments, and duties on every other article that they may judge proper; in short, every species of taxation, whether of an external or internal nature, is comprised in section the 8th, of article the 1st, viz. "The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States."
As there is no one article of taxation reserved to the state governments, the Congress may monopolize every source of revenue, and thus indirectly demolish the state governments, for without funds they could not exist; the taxes, duties and excises imposed by Congress may be so high as to render it impracticable to levy any further sums on the same articles; but whether this should be the case or not, if the state governments should presume to impole taxes, duties, or excises, on the same articles with Congress, the latter may abrogate and repeal the laws whereby they are imposed upon the allegation that they interfere with the due collection of their taxes, duties or excises, by virtue of the following clause, part of section 8th, article 1st, viz. "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof."
The Congress might gloss over this conduct by construing every purpose for which the state legislatures now lay taxes, to be for the "general welfare," and therefore as of their jurisdiction.
And the supremacy of the laws of the United States, is established by article 6th, viz. "That this constitution and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding." It has been alleged that the words "pursuant to the constitution," are a restriction upon the authority of Congress; but when it is considered that by other sections they are invested with every efficient power of government, and which may be exercised to the absolute destruction of the state governments, without any violation of even the forms of the constitution, this seeming restriction, as well as every other restriction in it, appears to us to be nugatory and delusive; and only introduced as a blind upon the real nature of the government. In our opinion, "pursuant to the constitution," will be co-extensive with the will and pleasure of Congress which, indeed, will be the only limitation of their powers.
We apprehend, that two co-ordinate sovereignties would be a totum in politics. That therefore as there is no line of distinction drawn between the general, and state governments; as the sphere of their jurisdiction is undefined, it would be contrary to the nature of things, that both should exist together, one or the other would necessarily triumph in the fullness of dominion. However, the contest could not be of long continuance, as the state governments are divested of every means of defence, and will be obliged by "the supreme law of the land" to yield at discretion.
It has been objected to this total destruction of the state governments, that the existence of their legislatures is made essential to the organization of congress; that they must assemble for the appointment of the senators and president general of the United States. True, the state legislatures may be continued for some years, as boards of appointment, merely, after they are divested of every other function, but the framers of the constitution foreseeing that the people will soon be disgusted with this vain mockery of a government without power and usefulness, have made a provision for relieving them from the imposition, in section 4th, of article 1st, viz. "The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations; except as to the place of choosing senators."
As congress have the controul over the time of the appointment of the president general, of the senators and of the representatives of the united states, they may prolong their existence in office, for life, by postponing the time of their election and appointment, from period to period, under various pretences, such as an apprehension of invasion, the factious disposition of the people, or any other plausible pretence that the occasion may suggest; and having thus obtained life-estates in the government, they may fill up the vacancies themselves, by their controul over the mode of appointment; with this exception in regard to senators, that as the place of appointment for them, must, by the constitution, be in the particular state, they may depose some body in the respective states, to fill up the vacancies in the senate, occasioned by death, until they can venture to assume it themselves. In this manner, may the only restriction in this clause be evaded.
By virtue of the foregoing section, when the spirit of the people shall be gradually broken; when the general government shall be firmly established, and when a numerous standing army shall render opposition vain, the Congress may complete the system of despotism, in renouncing all dependence

The celebrated Montesquieu, in his Spirit of Laws , vol. 1, page 128, says, "That in a democracy there can be no exercise of sovereignty, but by the suffrages of the people, which are their will; now the sovereign's will is the sovereign himself; the laws therefore, which establish the right of suffrage, are fundamental to this government. In fact, it is as important to regulate in a republic in what manner, by whom, and concerning what suffrages are to be given, as it is in a monarchy to know who is the prince, and after what manner he ought to govern." The time, mode and place of the election of representatives, senators and president general of the United States, ought not to be under the controul of Congress, but fundamentally ascertained and established.
The new constitution, consistently with the plan of consolidation, contains no reservation of the rights and privileges of the state governments, which was made in the confederation of the year 1778, by article the 2d. viz. "That each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States in Congress assembled."
The legislative power vested in Congress by the foregoing recited sections, is so unlimited in its nature, as to be so comprehensive and boundless in its exercise, that this alone would be amply sufficient to annihilate the state governments, and swallow them up in the grand vortex of general empire.
The judicial powers vested in Congress are also so various and extensive, that by legal ingenuity they may be extended to every case, and thus absorb the state judiciaries, and when we consider the decisive influence that a general judiciary would have over the civil polity of the several states, we do not hesitate to pronounce that this power, unaided by the legislative, would effect a consolidation of the states under one government.
The powers of a court of equity, vested by this constitution, in the tribunals of Congress; powers which do not exist in Pennsylvania, unless so far as they can be incorporated with jury trial, would, in this state, greatly contribute to this event. The rich and wealthy suitors would eagerly lay hold of the infinite mazes, perplexities and delays, which a court of chancery, with the appellate powers of the supreme court, in fact as well as law, would furnish him with, and thus the poor man being plunged in the bottomless pit of legal discussion, would drop his demand in despair.
In short, consolidation pervades the whole constitution. It begins with an announcement that such was the intention. The main pillars of the fabric correspond with it, and the concluding paragraph is a confirmation of it. The preamble begins with the words, "We the people of the United States," which is the style of a compact between individuals entering into a state of society, and not that of a confederation of states. The other features of consolidation, we have before noticed.
Thus we have fully established the position, that the powers vested by this constitution in Congress, will effect a consolidation of the states under one government, which even the advocates of this constitution admit, could not be done without the sacrifice of all liberty.
3. We dissent, Thirdly, Because if it were practicable to govern so extensive a territory as these United States includes, on the plan of a consolidated government, consistent with the principles of liberty and the happiness of the people, yet the construction of this constitution is not calculated to attain the object, for independent of the nature of the case, it would of itself, necessarily produce a despotism, and that not by the usual gradations, but with the celerity that has hitherto only attended revolutions effected by the sword.
To establish the truth of this position, a cursory investigation of the principles and the form of this constitution will suffice.
The first consideration which this view suggests, is the omission of a BILL OF RIGHTS ascertaining and fundamentally establishing theseunalienable and personal rights of men, without the full, free, and secure enjoyment of which there can be no liberty, and over which it is not necessary for a good government to have the controul. The principal of which are the rights of conscience, personal liberty by the clear and unequivocal establishment of the writ of habeas corpus, jury trial in criminal and civil cases, by an impartial jury of the vicinage or county, with the common law proceedings, for the safety of the accused in criminal prosecutions, and the liberty of the press, that scourge of tyrants, and the grand bulwark of every other liberty and privilege; the stipulations heretofore made in favor of them in the state constitutions, are entirely superseded by this constitution.
The legislature of a free country should be so formed as to have a competent knowledge of its constituents, and enjoy their confidence. To produce these essential requisites, the representation ought to be fair, equal, and sufficiently numerous, to possess the same interests, feelings, opinions, and views, which the people themselves would possess, were they all assembled; and so numerous as to prevent bribery and undue influence, and so responsible to the people, by frequent and fair elections, as to prevent their neglecting or sacrificing the views and interests of their constituents, to their own pursuits.
We will now bring the legislature under this constitution to the test of the foregoing principles, which will demonstrate, that it is deficient in every essential quality of a just and fair representation.
The house of representatives is to consist of 65 members; that is one for about every 50,000 inhabitants, to be chosen every two years. Thirty-three members will form a quorum for doing business, and 17 of these, being the majority, determine the sense of the house.
The senate, the other constituent branch of the legislature, consists of 26 members, being two from each state, appointed by their legislatures every six years—fourteen senators make a quorum; the majority of whom, eight, determines the sense of that body; except in judging on impeachments, or in making treaties, or in expelling a member, when two thirds of the senators present, must concur.
The president is to have the controul over the enacting of laws, so far as to make the concurrence of two thirds of the representatives and senators present necessary, if he should object to the laws.
Thus it appears that the liberties, happiness, interests, and great concerns of the whole United States, may be dependent upon the integrity, virtue, wisdom, and knowledge of 25 or 26 men. How inadequate and unsafe a representation! Inadequate because the sense and views of 3 or 4 millions of people, diffused over so extensive a territory, comprising such various climates, products, habits, interests, and opinions, cannot be collected in so small a body; and besides, it is not a fair and equal representation of the people even in proportion to its number, for the smallest state has as
branches of the legislature; and from the mode of election and appointment, which is under the controul of Congress; and from the nature of the thing, men of the most elevated rank in life, will alone be chosen. The other orders in the society, such as farmers, traders, and mechanics, who all ought to have a competent number of their best informed men in the legislature, will be totally unrepresented.
The representation is unsafe, because in the exercise of such great powers and trusts, it is so exposed to corruption and undue influence, by the gift of the numerous places of honor and emolument, at the disposal of the executive; by the arts and address of the great and designing; and by direct bribery.
The representation is moreover inadequate and unsafe, because of the long terms for which it is appointed, and the mode of its appointment, by which Congress may not only controul the choice of the people, but may so manage as to divest the people of this fundamental right, and become self-elected.
The number of members in the house of representatives may be encrased to one for every 30,000 inhabitants. But when we consider, that this cannot be done without the consent of the senate, who, from their share in the legislative, in the executive, and judicial departments, and permanency of appointment, will be the great efficient body in this government, and whose weight and predominance would be abridged by an encrease of the representatives, we are persuaded that this is a circumstance that cannot be expected. On the contrary, the number of representatives will probably be continued at 65, although the population of the country may swell to treble what it now is; unless a revolution should effect a change. We have before noticed the judicial power as it would effect a consolidation of the states into one government; we will now examine it; as it would affect the liberties and the welfare of the people, supposing such a government were practicable and proper.
The judicial power, under the proposed constitution, is founded on the well known principles of the civil law, by which the judge determines both on law and fact, and appeals are allowed from the inferior tribunals to the superior, upon the whole question; so that facts, as well as law, would be re-examined, and even new facts brought forward in the court of appeals; and to use the words of a very eminent civilian, "The cause is many times another thing before the court of appeals, than what it was at the time of the first sentence."
That this mode of proceeding is the one which must be adopted under this constitution, is evident from the following circumstances: 1st. That the trial by jury, which is the grand characteristic of the common law, is secured by the constitution only in criminal cases.—That the appeal from both law and fact is expressly established, which is utterly inconsistent with the principles of the common law and trials by jury. The only mode in which an appeal from law and fact can be established, is, by adopting the principles and practice of the civil law; unless the United States should be drawn into the absurdity of calling and swearing juries, merely for the purpose of contradicting their verdicts, which would render juries contemptible and worse than useless.—3d. That the courts to be established would decide on all cases of law and equity, which is a well known characteristic of the civil law; and these courts would have constance not only of the laws of the United States, and of treaties, and of cases affecting ambassadors, but of all cases of admiralty and maritime jurisdiction, which last are matters belonging exclusively to the civil law, in every nation in Christendom.
Not to enlarge upon the loss of the invaluable right of trial by an unbiased jury, so dear to every friend of liberty, the monstrous expence, and inconveniences of the mode of proceedings to be adopted, are such, as will prove intolerable to the people of this country. The lengthy proceedings of the civil law courts in the chancery of England, and in the courts of Scotland and France, are such, that few men of moderate fortune can endure the expence of; the poor man must therefore submit to the wealthy. Length of purse will too often prevail against right and justice. For instance, we are told by the learned judge Blackstone, that a question only on the property of an ox of the value of three guineas, originating under the civil law proceedings in Scotland, after many interlocutory orders and sentences below, was carried at length from the court of sessions, the highest court in that part of Great-Britain, by way of appeal to the house of lords, where the question of law and fact was finally determined. He adds, that no pique or spirit could, in the court of king's bench or common pleas at Westminster, have given countenance to such a cause for a tenth part of the time, nor cost a twentieth part of the expence. Yet the costs in the courts of king's bench and common pleas in England are infinitely greater than those which the people of this country have ever experienced. We abhor the idea of losing the transcendent privilege of trial by jury, with the loss of which, it is remarked by the same learned author, that in Sweden the liberties of the commons were extinguished by an aristocratic senate; and that trial by jury and the liberty of the people went out together. At the same time we regret the intolerable delay, the enormous expences and infinite vexation to which the people of this country will be exposed from the voluminous proceedings of the courts of civil law, and especially from the appellate jurisdiction, by means of which a man may be drawn from the utmost boundaries of this extensive country of this extensive country to the seat of the supreme court of the nation, to contend perhaps, with a wealthy and powerful adversary. The consequence of this establishment will be an absolute confirmation of the power of aristocratical influence, in the courts of justice; for the common people will not be able to contend, or struggle against it.
Trial by jury in criminal cases may also be excluded by declaring, that the libeller, for instance, shall be liable to an action of debt for a specified sum, thus evading the common law prosecution by indictment and trial by jury. And the common course of proceeding against a ship for breach of revenue laws by information (which will be classed among civil causes) will, at the civil law, be within the resort of a court where no jury intervenes. Besides, the benefit of jury trial, in cases of a criminal nature, which cannot be evaded, will be rendered of little value by calling the accused to answer far from home; there being no provision that the trial be by a jury of the neighbourhood or county.—Thus an inhabitant of Pittsburgh, on a charge of a crime committed on the banks of the Ohio, may be obliged to defend himself at the side of the Delaware, and so vice versa. To conclude this head: we observe that the judges of the courts of Congress would not be independent, as they are not debarred from holding other offices, during the pleasure of the president and senate, and as they may derive their support in part from fees.
fees, is the 'undue and dangerous mixture of the powers of government; the same body possessing legislative, executive, and judicial powers. The senate is a constituent branch of the legislature; it has judicial power in judging on impeachments, and in this case unites in some measure the characters of judge and party, as all the principal officers are appointed by the president-general, with the concurrence of the senate, and therefore they derive their offices in part from the senate. This may bias the judgments of the senators, and tend to screen great delinquents from punishment. And the senate has, moreover, various and great executive powers, viz. in concurrence with the president general, they form treaties with foreign nations, that may controul and abrogate the constitutions and law of the several states. Indeed, there is no power, privilege or liberty of the state governments, or of the people, but which may be affected by virtue of this power. For all treaties, made by them, are to be the "supreme law of the land, any thing in the constitution or laws of any state to the contrary notwithstanding."
And this great power may be exercised by the president and 10 senators, being two thirds of 14, which is a quorum of that body. What an inducement would this offer to the ministers of foreign powers to compass by bribery such concessions as could not otherwise be obtained. It is the unvaried usage of all free states, wherever treaties interfere with the positive laws of the land, to make the intervention of the legislature necessary to give them operation. This became necessary and was afforded by the parliament of Great-Britain, in consequence of the late commercial treaty between that kingdom and France.—As the senate judges on impeachments, who is to try the members of the senate for the abuse of this power?—And none of the great appointments to office can be made without the consent of the senate.
Such various, extensive, and important powers combined in one body of men, are inconsistent with all freedom. The celebrated Montesquieu tells us, that "when the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty, because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner."
Again; "there is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary controul; for the judge would then be legislator. Were it joined to the executive power, the judge might behave with all the violence of an oppressor. There would be an end of every thing, were the same man, or the same body of the nobles, or of the people, to exercise those three powers; that of enacting laws; that of executing the public resolutions; and that of judging the crimes or differences of individuals."
The president-general is dangerously connected with the senate: his coincidence with the views of the ruling junta in that body, is made essential to his weight and importance in the government, which will destroy all independency and purity in the executive department, and having the power of pardoning without the concurrence of a council, he may screen from punishment the most treasonable attempts that may be made on the liberties of the people, when instigated by his coadjutors in the senate. Instead of this dangerous and improper mixture of the executive with the legislative and judicial, the supreme executive powers ought to have been placed in the president, with a small independent council, made personally responsible for every appointment to office, or other act, by having their opinions recorded; without the concurrence of the majority of the quorum of this council, the president should not be capable of taking any step.
We have before considered internal taxation, as it would affect the destruction of the state governments, and produce one consolidated government. We will now consider that subject as it affects the personal concerns of the people.
The power of direct taxation applies to every individual, as Congress under this government is expressly vested with the authority of laying a capitation or poll-tax upon every person to any amount. This is a tax that, however oppressive in its nature, and unequal in its operation, is certain as to its produce, and simple in its collection; it cannot be evaded like the objects of imposts or excise, and will be paid, because all that a man hath will be given for his head. This tax is so congenial to the nature of despotism, that it has ever been a favourite under such governments. Some of those who were in the late general convention from this state, have long laboured to introduce a poll-tax among us.
The power of direct taxation will further apply to every individual, as Congress may tax land, cattle, traders, occupations, &c. to any amount; and every object of internal taxation is of that nature, that, however oppressive, the people will have but this alternative, either to pay the tax, or let their property be taken, for all resistance will be vain. The standing army and select militia would enforce the collection.
For the moderate exercise of this power, there is no controul left in the state governments, whose intervention is destroyed. No relief or redress of grievances can be extended, as heretofore, by them. There is not even a declaration of RIGHTS, to which the people may appeal for the vindication of their wrongs in the courts of justice. They must, therefore, implicitly obey the most arbitrary laws, as the work of them will be pursuant to the principles and form of the constitution, and that strength of all checks upon the conduct of administration, responsibility to the people, will not exist in this government.
The permanency of the appointments of senators and representatives, and the controul the congress have over their election, will place them independent of the sentiments and resentment of the people, and the administration having a greater interest in the government than in the community, there will be no consideration to restrain them from oppression and tyranny. In the government of this state, under the old confederation, the members of the legislature are taken from among the people, and their interests and welfare are so inseparably connected with those of their constituents, that they can derive no advantage from oppressive laws and taxes, for they would suffer in common with their fellow citizens; would participate in the burthens they impose on the community, as they must return to the common level after a short period; and notwithstanding every exertion of influence, every means of corruption, a necessary rotation excludes them from permanency in the legislature.
This large state is to have but ten members in that Congress which is to have the liberty, property and dearest concerns of every individual of this
nia, will not be of the choice of the people, nor amenable to them. From the mode of their election and appointment they will consist of the lordly and high minded; of men who will have no congenial feelings with the people, but a perfect indifference for, and contempt of them; they will consist of those harpies of power, that prey upon the very vitals; that riot on the miseries of the community. But we will suppose, although in all probability it may never be realized in fact, that our deputies in Congress have the welfare of their constituents at heart, and will exert themselves in their behalf, what security could even this afford; what relief could they extend to their oppressed constituents? To attain this, the majority of the deputies of the twelve other states in Congress must be alike well disposed; must alike forego the sweets of power, and relinquish the pursuits of ambition, which from the nature of things is not to be expected. If the people part with a responsible representation in the legislature, founded upon fair, certain and frequent elections, they have nothing left they can call their own. Miserable is the lot of that people whose every concern depends on the WILL and PLEASURE of their rulers. Our soldiers will become Janissaries, and our officers of government Bathows; in short, the system of despotism would soon be completed.
From the foregoing investigation, it appears that the Congress under this constitution will not possess the confidence of the people, which is an essential requisite in a good government; for unless the laws command the confidence and respect of the great body of the people, so as to induce them to support them, when called on by the civil magistrate, they must be executed by the aid of a numerous standing army, which would be inconsistent with every idea of liberty; for the same force that may be employed to compel obedience to good laws, might and probably would be used to wrest from the people their constitutional liberties. The framers of this constitution appear to have been aware of this great deficiency; to have been sensible that no dependence could be placed on the people for their support; but on the contrary, that the government must be executed by force. They have therefore made a provision for this purpose in a permanent STANDING ARMY, and a MILITIA that may be subjected to as strict discipline and government.
A standing army in the hands of a government placed so independent of the people, may be made a fatal instrument to overturn the public liberties; it may be employed to enforce the collection of the most oppressive taxes, and to carry into execution the most arbitrary measures. An ambitious man who may have the army at his devotion, may step up into the throne, & seize upon absolute power.
The absolute unqualified command that Congress have over the militia may be made instrumental to the destruction of all liberty, both public and private; whether of a personal, civil, or religious nature.
First, The personal liberty of every man probably from six in to sixty years of age, may be destroyed by the power Congress have in organizing and governing of the militia. As militia they may be subjected to fines to any amount, levied in a military manner; they may be subjected to corporal punishments of the most disgraceful and humiliating kind, and to death itself, by the sentence of a court-martial. To this our young men will be more immediately subjected, as a select militia, composed of them, will best answer the purposes of government.
Secondly, The rights of conscience may be violated, as there is no exemption of those persons who are conscientiously scrupulous of bearing arms. These compose a respectable proportion of the community in the state. This is the more remarkable, because even when the distresses of the late war, and the evident disaffection of many citizens of that description, inflamed our passions, and when every person, who was obliged to risk his own life, must have been exasperated against such as on any account kept back from the common danger, yet even then, when outrage and violence might have been expected, the rights of conscience were held sacred.
At this momentous crisis, the framers of our state constitution made the most express and decided declaration and stipulations in favour of the rights of conscience; but now when no necessity exists, those dearest rights of men are left insecure.
Thirdly, The absolute command of Congress over the militia may be destructive of public liberty; for under the guidance of an arbitrary government, they may be made the unwilling instruments of tyranny. The militia of Pennsylvania may be marched to New-England or Virginia to quell an insurrection occasioned by the most galling oppression, and aided by the standing army, they will no doubt be successful in subduing their liberty and independency; but in so doing, although the magnanimity of their minds will be extinguished, yet the meaner passions of resentment and revenge will be increased, and these in turn will be the ready and obedient instruments of despotism to enslave the others; and that with an irritated vengeance.
Thus may the militia be made the instruments of crushing the last efforts of expiring liberty, of riveting the chains of despotism on their fellow citizens, and on one another. This power can be exercised not only without violating the constitution, but in strict conformity to it; it is calculated for this express purpose, and will doubtless be executed accordingly.
As this government will not enjoy the confidence of the people, but be executed by force, it will be a very expensive and burthensome government. The standing army must be numerous, and as a further support, it will be the policy of this government to multiply officers in every department; judges, collectors, taxgatherers, excisemen, and the whole host of revenue officers will swarm over the land, devouring the hard earnings of the industrious, like the locusts of old, impoverishing and desolating all before them.
We have not noticed the smaller, nor many of the considerable blemishes, but have confined our objections to the great and essential defects; the main pillars of the constitution; which we have shown to be inconsistent with the liberty and happiness of the people, as its establishment will annihilate the state governments, and produce one consolidated government, that will eventually and speedily issue in the supremacy of despotism.
In this investigation we have not confined our views to the interests or welfare of this state, in preference to the others. We have overlooked all local circumstances; we have considered this subject on the broad scale of the general good; we have affected the cause of the present and future ages: the cause of liberty and mankind.
Nathaniel Breeding, John Smilie, Richard Baird, Adam Orth, John A. Hanna, John Whitehill, John Harris, Robert Whitehill, John Baughman.