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nations, and the municipal law of this or
any other country* It was that excellent
principle of common sense, that did, or
should govern all mankind, that ought to
decide the present cafe. Old books in
Greek, Latin, and English; taken from
the dusty fh elves on which thty had repot
ed for centuries, had been pressed into the
service of thi's cause; nay, Pagan; Maho
metan, Jewish, Dutch, and almost every
other writer in the world, had been quot
ed ; but their fpcculations applied just as
much to one fide of the question as the
other. Sir James, with admirable wit,
exposed to ridicule the abflruf* specula
tions of these ancient writers, and pointed
out their inapplicability to the present
Soriie of them, he said, put him in
mind of the 39 articles, which had b«en
made to apply to a great variety of dif
ferent do6liir.es. Grotius had been in
troduced, -and often quoted as the Bible
of the Civilians; but it was high time to
have done with him. A gieat deal had
been said refpefting the law of nations,
but after all it was floating law. If
would have been a desirable circumftaace,
if it had occurred to the British Minis
ters, or to our Allies, to have provided
for the cafe of a recapture, like the pre
sent ; but no such provision had been as
yet made. Perhaps, before the present
cause reached its last tribunal, some new
ast or regulation might take place. In
the present cafe, the King of Spain, as
the claimant, comes and prays that the
ship might be restored, and submits to
• salvage, and to the decree of the English
Court of Admiralty ; he had pledged his
Royal honor to abide by the decinon ; —
this was very flattering to the? Judge, and
ought to be considered as a good fecu
A decree therefore ought to be made
that was consonant with good sense, with
politeness, and might tend to cement the
harmony subsisting between the courts of
England and Spain. It had been laid by
the Counsel that the law knew of no po-,
litenefs, but looked only at justice. Law
yers, it was true, were not polite, but
politeness in this cafe was good sense. Law
had been called the perfection of reason ;
but the perfection of reason was what the
law ought to be. The learned Judge,
after many observations upon the law of
nations, municip;J laws, the nature of
treaties, and policy of states, said he
(hould pronounce a provifionary decree,
which he trusted would give fatisfaftion to
both parties. He therefore decreed, that
the ship and cargo fliould be restored to
his Catholic Majesty and his subjects the
claimants, agreeable to their prayer, and
that one eighth of the value (after deduc
ting the expences on both fides) be paid
for salvage ; provided that, within fix
months, it shall be declared by his Ca
tholic Majesty, by' some public ast, that
all ships and cargoes that are, or shall be
captured by the King of Spain, together
with private ships to be fitted out, be
longing to the King of England, be re
stored upon the fame terms to his Britan
nic Majesty; otfierwife the said ship St.
Jago is to be confidcred as good and law»
ful prize to the captors.
Just, in the name of the Commit
tee of Public Safety moved, and the Con
vention adopted the subsequent decree.
Art. 1. All the Communes of the Re
public shall make out an account of the
patriots contained in each commune, to
gether with their names, places of abode,
their situation, and the lofTcs which they
2. The dire<Slors of each diftrift shall
fend these accounts to the committee of
Public Safety, who shall make a report in
which (hall be pointed out the means of
indemnifying the unfortunate patriots out
of the property of persons detained as
Danton wjfhcd that the division of
the little country property should be ad
ded to this measure ; and that the patri
ots who have fuflained losses should be al
lowed to cultivate it, even to the walls of
Paris. He moved that the Committee of
Public Safety, should take this suggestion
into confideiation. Agreed to.
A letter from Florent Guyot. inform
ed the Convention, that Fiancis d'Ecoflc
So years of age, had been kept in the
prison of Lisle, in irons, for forty-five "
His family, who resided at Stockholm,
had formerly allowed him an annual sum
of 300 livres, which had bsen withdrawal
for ttyree years.
This unhappy fnan had been taken by
a Lettre de Cachet after having served
with credit in the French army.
Tlie Convention decreed, that a peri
fion of 2000 livres should be granted to
him, and that enquiry should be institu
ted into the reason of this man's impri
sonment having bfcen kept from the know
ledge of the government fhice the revolu
Congress of the United States.
Saturday, April 19, 1794.
Air. Folter reported from the .commit
tee foi enrolled bills that they did ye Iter r
day lay before the Prefiderit of the Unit
ed States, the enrolled " Resolution, to
continue the present embargo on ships or
vefTels ii? the ports of the United States,
bound to any foreign port oi' place." _
That the petition of Ebenester Paribus
and others, praying for an exemption
from the embargo, be referred to a speci
It passed irt the negative.
Ordered, That Ebenezer Parsons and'
others, have leave to withdraw their peti
After the consideration of the execu
tive business, The Senate adjourned until
11 o'clock on Monday morning.
Monday, April 21, 1794.
The bill, sent from the House of Re-
for concurrence entitled "An
ast to eftaUifh the Poft-office and poll
roads within the United States, was read
the third time, and further amendments
being agreed to,
Resolved, That this bill pass as a
To reconsider the resolution that this
bill pass, for the puipofe of further a
It paired in the negative.
Ordered, That the Secretary commu
nicate this resolution to the House of Re
presentatives, and requell their concur
rence in the amendments.
A message from the House of. Repre
fentativesby Mr. Beckley their clprk :
" Mr. Prclident—The President of
the United States hath notified the House
of Representative?, that he did on the
18th instant, approve and sign " The re
solution continuing the present embargo,
until the twenty fifth day of May next
and that he this day, approved and signed
the ast, entitled, "An ast limiting the
time for prefenjing claims for dellroyed
certificates of certain descriptions And
The petition of MefTrs. Stewart and
Plunket was presented and read, praying
reimburfeqjent of the duties on a quantity
of coffee,' said to be destroyed by fire '
Oidered, 1 hat this petition be refer
red to Mr. Potts, Mr. Cabot and Mr.
Edwards, to consider and report thereon.
The petition of Henry Merchant dif
trift judge for Rhode Island, praying an
augmentation of his salary, was presented
Ordered, That this petition lie on the
A motion was made as follows :
" That the Journals of the Senate, and
reports from the heads of departments prin
ted by the order of the Senate shall be in
" That if the House of Representatives
concur, three hundred copies of Ae jour
nals of both Houses finae the commence
ment of the present government be printed
for the use of Congress."
Ordered That this motion lie for consi
After the consideration of the executive
The Senate adjourned to 11 o'clock
to morrow morning.
Tuesday April 22d. 1794.
The Vice President laid before the
Senate a letter from Monfr. Olive with
the plan of a forty gun ship.
Ordered, that they lie on the table. , '
Mr. Taylor from the committee to
whom was referred the bill entitled,'" An
ast allowing Lieutenant Colonel Toufard
an equivalent for his pension for life"
reported an amendment.
Ordered, That this report lie until to
morrow for consideration,
, ,J he r P?j tion ° f Ste P htn Parsons in be
half of William Parsons, was presented
i and read, praying corhpcnfation for mili
tary services to the said William, who has
been hitlfifrto prevented from applyi.ig,
by his absence from the coilatry.
Or3ered, That this peJtiOn lie on the
The Senate resumed the consideration
bf the motion made yesterday, relative to
the mode of printing the jonrnal?, bills
I ahd reports from the heads of depart
ments, and having amended the fame,
' " Resolved,. That after the present ses
sion, the bills, the journals, and all re
ports from the heads of departments, and
Sil official communications which may be
printed by order of the Senate, shall be
The Senate adjourned to 11 o'clock to
Wednesday, April 23.
The Senate resumed the consideration
of the report of the committee on the bill,
entitled, " an ast allowing Lieutenant
Colonel Tonfarcj an equivalent for his peri
fion for li&, and having adopted the
fame, and amended the bill accordingly.
Resolved, That the rhle be dispensed
with, and that this bill be now read the
third time. >
Resolved, That this bill pass with an
Ordered, That the Secretary desire the
concurrence of the House of Representa
tives in the amendment to this bill.
The petition of James Shaw was pre
sented and read, praying compensation
for military fervice9 and supplies.
That the petition be referred to a spe
It palfed in the negative.
Ordered, That the petitioner have leave
to withdraw his petition.
A message from the house of Representa
tives by Mr. Beckley their clerk :
Mr. President—The house of Reprefenta
ti4es disagree to some and agree to other
amendments of the Senate to the bill, enti
tled, " An a<sl to eilabliih the poll-office and
poll-roads within the United States."
" The House of Representatives have
palled the bill, entitled, " an ast directing a'
detachment from the militia of the United
States," and the bill, entitled, " an ast
providing for raising and organizing a
corps of artillerists and engineers," in which
al bills they desire the concurrence of
the Senate." And he withdrew.
The Vice-President laid before the Se
nate a letter from the Secretary for the
Department of State, enclosing the trans
lation of a letter from the members of the
committee of public fafety in France, the
original of which was aildieffed to Con
That it be referred to a committee to
take the fame into consideration and report
the draught of an answer.
It was agreed that the consideration
thereof be postponed until to-morrow.
The Senate proceeded to consider the
resolution of the House of Reprefeutatives,
disagreeing to sundry amendments of the
Senate to the bill, entitled, " an ast to
eftabliih the poll-office and poll-roads with
in the United States"—
Resolved, That they infill on their
tenth amendment to the firft feftion, and
to their amendment for adding a fiewfec
tion to follow the twenty-seventh feftibn ;
and that a conference with the House of
Representatives be requelled 011 the fub
jeft of difagieement, and that Mr. King,
Mr. Burr, and Mr. Jackson, be mana
gers at the fame en the part of the Se
On the qneftion, that the Senate re
cede from their amendment for llriking
out the twenty.firft "feftion—as follows,:
Sec. 21. And be it further enalted, That
every printer of newspapers may fend one
paper to each and every other printer of
newspapers within the United States, free
of pollage, under such regulations, as the
Poll-mailer-General shall piovide.
It pal Ted in the affirmative—Yeas 17
The yeas and nays being required by
one-fifth of the Senators present
Those who voted in the affirmative, are
Mefirs. Bradford, Bradley, Brown,
Burr, Butler, Edwards, Folter, Freling
huyfen, Gunn, Henry, Jackson, Lang
don, Livermore, Martin, Monroe, Ro
bin son and Taylor.
Those who voted in the negative, L ,re
MeiTrs. Cabot, Ellfworth, Hawkins, I
zara. King, Morris, Potts, Rutherfurd,
Ordered, That the Secretary commu
nicate these resolutions to the House
The bil), feht from the House of R e _
prefentatives for concurrence, entitled
" an a£t direfling a detachment from the
militia of the United States," was
the firft time.
Ordered, That this'bill pass to a fecund
The bill, sent from the House of R e .
prefenftitives for concurrence, entitled
" an ast providing for raising and organi!
zmg ( a corps of artillerifU and engineers,"
was read the hr.il time.
Ordered, That this bill pass to the fe.
The Senate adjourned to 11 o'ckick to
The TIMES, No. X.
TA K£ heed to yourfewes, Tories, or you
may soon fufier a general hueep, the n'ea
e has been proposed already more than
once, fays the General Adverser in Phii,.
delphia. If I understand this threat, it means
that there may be soon a general MaTacr'
One wo,lid flunk by reading the lan*,u«
o the incendiaries of America, that we liv
ed under the dominion of a pope, a Snanifh
lnqUilttioii, or the dey of Algiers. The'at
tempts made to frighten their opnofers,- and
controul their opinions, rank tho Democrats
of the southern states among the molt fan
gmnafy persecutors, the popes rnd the Ne
roes of ancient times. It. is ilrange, hut true,
thatmen are always the fame proud, blood
thinly, perfecting tyrants. In all countries,
in all governments, give men power, and
they become tyrants. Opinions arc never
dangerous, to pejfecute them is always deffio
tifm. Jhe constitution and laws of America,
have no where ;aid a man (hall not believe
in the Pope, the Turkish Sultan, in Mahomet
or George 111. There is no law in America
to punilh a man for thinking a monarchy the
bcjl form of government. So long as o' ini-'
ons do not produce overt-acts against the go
vernment, the opinions are Itgtil, thev are
not crimes, they are not punishable. A'man
is under no legal or moral obligation to think
our republican government.« betlrr form,
tnan the government of the Six Nations or
the Chinefc. Crinus consist only in cbert
a3s : and when crimes are committed, the
lci<ws will puniili them, not men. A man
has the fame right to be a toy, an arif.ucrut
or a monarchy man, in the United States? as
has to be an antifedercU <5r oppofer of the
exjfti.'ijj government.—The opinions of each
of these descriptions of men are equally op
posed to the general sense of America, and
equally hostile to our republican conftitotton.
It is no more a erirrre to bciievcrrrmarcby a m
good government, than it is to believe our
federal constitution a bad~one. So far ascri
m nality is concerned, the tories and ariilo
crats, if there are any who wilh our govern
ment changed to monarchy or ariiiocracy,
and the autifederals, who wish to render it
more deniocratical, are preeifely on the lame
footing. Their opinions differ from the ge
neral will. But the truth is. there no
crimes in either cafe, while opinions reft in
theory and argument. —Our government
guarantees to every man a full right to speak
his ramd freely on'all fubjt<<ls ; jnd to be in
heart a tory, an aristocrat, a Mahometan, a
Jew, a Pagan, a Jacobin or an ant federal.
Our government is a government of tniver
fal toleration. The freedom of America, its
greatefi blefim;>£ feenrts to every citizen the
right of thinking, of speaking, of worihip
ping and adting as he pleases, provided he
does not violate the laws. The onlvpeoole
in America who have dared o violate this
freedom, are tlie.dcmocratical
who have proceeded to threaten violence to
tories, and arijlccrats and federal republicans;
that to people not of their paity. Every
threat of this kind is an ail of tyranny ; an
attempt to abridge the rights of a fellow
citizen. If a man is persecuted for his opi
nions, it is wholly immaterial whether the
perfection springs from cne man or from a ,
society of the people. When men are dis
posed to persecute, power is always right:
weakness always wrong. Power is always
info lent and despotic ; whether exercised in
throwing its oppolers into a baftile ; burning
them at the flake ; torturing them on a rack;
beheading them with a guillotine ; or taking
them off, as at the massacre of St. Bartholo
mew, at a general Jkueep: Power is the fame
in 1 urkev as in America. When the will of
men is raifcd above /aw, it is always tyranny,
and despotism, whether it is the will of a
balhaw or of bastard patriots.
The faction that used to clamour for un
funded paper money now fee a legion of de
vils in a system of funded paper. The
problem may be ealily solved. Paper to
cheat with is a glorious machine. It-is a fort
jf hocus pot:us that Vnakes the lender the fer
•am of the borrower. The debtor cliahs
liis cPsditor, crying, I tender you this gold
ind filvejr, the printed com. If you refufe
t. you are an er.emy of your country.-—
This honejl paper iufiuence seems to be to!era«