Gazette of the United-States. (New-York [N.Y.]) 1789-1793, June 13, 1789, Page 71, Image 3

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    . f m nf>rlin"; and '' iat ■' been found neceftary to
fcttr'ft B»"' h n<l ' aD m ' pS t0 thC POrt ° f London ' to P revem
frauds U P®? were m3de—when the question onthe
jmcndment propofcd by Mr. Fitisimons being tafeen, it palled
'"rIKWt" being then taken on the whole, it patted also in the
a8 The Mr'ts to be eftablithed by this claufc are not yet named.
Further progress was made 111 the bill, and fcveral amcnd
° ThVcommittee then rose, and the House adjourned,
Friday, June 12-
The House formed into a committee of the whole, on the bill
ulatethe coJleftion of the import oil goods, wares, and mer
chandize imported into the United States.
u Mr. Trumau l l in the chair.
Considerable progress was made in the bill this day, by pafling
of the claufcs, chief of them with amendments—The com
was proceeding in the difcuflion, when a meflage from the
Senate was announced —The Secretary then appeared on the floor
f the House, and informed, that he had it in command from the
S ,ate to inform the honorable House, that they had concurred
«ith amendments, in the bill for laying an import on goods,
wares and merchandize, impojted into the United States—and
hoped'for the concurrence of the honorable House in those amend,
meots—He then delivered in the bill, with a draft of the amend
ments, and withdrew. —These amendments were read to the
House-—and then the Chairman of the Committee having resumed
his place, further progress was made in difcufling the bill.
At three o'clock the committee rose, and the House adjourned
till to-morrow.
fie following are the Amendments to the New Con
ftitutiou, prvpefed by the Hon. Mr. Maddifon—
as mentioned in our laji—viz.
Rf.solvid, That the following amendments ought to be pro
filed by Congress, to the legislatures of the States, to become, if
ratified by three fourths thereof, part of the Conflitution of the
United States.
First. That there be prefixed to the Conflitution a declaration—
That all pewer is originally veiled in, and consequently derived
from the people.
That government is inflituted, and ought to be exercised for
the benefit of the people ; which consists in the enjoyment of life
and liberty, with the right of acquiring and using property, and
generally of pursuing and obtaining happiness and fafety.
That the people have an indubitable, unalienable, and indefea
fible right to reform or change their government, whenever it be
found adverse or inadequate to the purposes of its institution.
Secondly. That in article 1 ft, feaion 2, clause 3, these words
beftruckout, to wit, " The number of representatives shall not
41 exceed one for every thirty thousand, but each State (hall have at
44 lcaft one representative, and until such enumeration (hall be
44 made," And that in place thereof be inserted these words, to
wit, " After the firft attual enumeration, there (hall be one re
-44 prefentative for every thirty thousand, until the number shall
44 amount to after which the proportion shall be so regula
-44 ted by Congress, that thenumber shall never be less than
4< nor more than but each State shall after the firft enumera
-11 fion, have at least two representatives ; and prior thereto"
Thirdly. That in article lft, fe&ion 6, clause 1, there be added
to the end of the firit sentence, these words, to wit:— 44 But no
44 law varying the compensation last ascertained shall operate be
-4' fore the next ensuing ele&ion of representatives."
Fourthly. That in article lft, fettion 9, between clauses 3 and 4,
be itofertcd these clauses, to wit: The civil rights of none shall be
abridged on account of religious belief or worship, nor shall any
national religion Le eftablilhed, nor shall the full and equal rights
of conscience be in any manner, or on any pretext infringe^.
The people (hall not be deprived or abridged of the right to
speak, to write, or to publish theii sentiments ; and the freedom
of theprefi, as one of the great bulwarks of liberty, ihall be in
violable.
The people shall not bd restrained from peaceably assembling
and consulting for their common good ; nor from applying to the
legislature by petitions, or remonflranccs for redress of their
grievances.
The right of the people to keep and bear arms shall not be in
fringed ; a well armed, and well regulated militia being the best
fecunty of a free country : but no person religiously scrupulous of
bearing arms, shall be obliged to render military fervicei n person.
No soldier shall in time of peace be quartered in any house,
without consent of the owner ; nor at any time, but in a manner
warranted by law.
No person shall be fubjeft, except in cases of impeachment, to
more than one pun'fhment, or one trial for the fame offence ; not
Ihall be compelled to be a witness againfl himfclt; nor be depri
ved of life, liberty, or property without due prucefs of law ;
nor be obliged to relinquish his property, where it may be neces
sary for use, without a jufl compensation.
ExcefTive bail shall not be required, nor eXcessive fines impoied,
nor cruel and unusual punishments infli£led.
The rights of the people to be secured in their persons, their
honfrs, their papers, and their other property from all unreason
able searches and seizures, shall not be violated by warrants issued
without probable caule, supported by oath or affirmation or not
particularly describing the places to be fearch«d, or the persons or
things to be lei zed.
In all criminal prosecutions, the accused shall enjoy the right
to a fpecdy and public trial, to be informed of the caafe and na
ture of the accusation, to be confronted with his acculers, and
the witnefTfs against him ; to have a compulfary process for ob
taining witnefTes in his favor ; and to have the afliftance of coun
sel for his defence.
The exceptions here or elsewhere in the Conflitution, made in
favor of particular rights, shall not be so construed as to diminish
thejuft importance of other rights retained by the people ;or as
enlarge the powers delegated by the Conflitution ; but either
as limitations offoch powers, or as infertedmerely for greater
caution.
fifthly. That in article ift, fettion 10, between clauses 1 and 2,
be inserted this clause, to wit:
No State shall violate the equal rights of conscience, or the free
dom of the press, or the trial by jury in criminal cases.
Sixthly. That in article 3d, feflion 2, be annexed to the end
0 clauie 2d, these words, to wit : but no appeal to such court
will be allowed where the value in controversy lhall not amount
® dollars: nor shall any fatt triable by jury, according to
e courfe of common law, be otherwise re-examinable than may
c °n ift with thr principles of common law.
tventhly. That in article 3d, feftion 2. the third clause be
° Ut ' 3nC * ln be inlerted the clauses following.
ne trial of all crimes (except in cases of impeachment, and
CS . a^ ln .S 'n 'he land or naval forces, or the militia when on
ua service in time of war or public danger,) shall be by an im
partial jury of freeholders of the vicinage, with the requisite of
ammity forconviftion, of the right of challenge, and other
cu omed requisites ; and in all crimes punishable with loss ol
h° r p em ! )Cl ' P re sentment or indi&ment by a grand jury, shall
v!' P relin »nary, provided that in cases of crimes com
c wuhin any county which may be in poffeflion of anene
bv 1 ° r >> n general infurreflion may prevail, the trial may
nJ, 3VV C 2ul horifed in fomc other county of the fame State, as
l„ as ? a y l . &t he feat of the offc nee.
mav KCS r c " mes committed not within any c ounty, the trial
corn" nU i count y as * aws have prescribed. In suits
n on law between man and man, the trial by jury as one
of the best fecuritics to the rights of the people, ought to remain
inviolate. °
Eighthly. That immediately after article 6th, be inserted, as ar
ticle 7th. the clauses following to wit :
The powers delegated by this Constitution, and appropriate d to
the departments to which they are refpe&ively dillributed : So
that the legislative department (hall never exercise the powers
veiled in the executive or judicial; nor the executive exercise the
powers vetted in the legislative or judicial ; nor the judicial exer
cise the powers veiled in the legislative or executive departments.
The powers not delegated by this Constitution, nor prohibited
by it to the States, are reserved to the States, refpe&ively.
Ninthly That article 7th, be numbered as article Bth.
NEW-YORK, JUNE 13, 178^
Extract of a letter from Virginia, dated 'June i, 1789.
<c I never supposed Congress would hurry over the obje&s com
mitted to their deliberations. They are too important to beadled
upon without being di feu fled; aud they arc too numerous and
intricate to be difcufled in a moment. But when I make theft
remarks, I do not mean to insinuate that it is not poiliblc Con
gress may not in some instances attend too minutely to the detai
of business. I know that the habit of difcuflion, like al other ha
bits, has an imperceptible effe£l, and that men fall into thefnare
before they think of it. Those who discuss a great deal upon im
portant fubje&s forget to drop a temper of difcuflion when they
are upon points less interesting. You ask me if the patience ol
people this way is notexhaufted, that so much time has elapsed,
and so little business accompliflied ?—I am happy to a flu re you,
that people do not yet complain, as they are disposed to make
allowances for the difficulties that attend the firft organization ol
the government. Rut how long this patience will continue is un
certain. Impatience is a weakness to which the mind of man i
extremely liable; and it may, 110 doubt, be discovered in this
as in many other instances where it ought not to be."
" Were mankind but as innocent y as blind, they
would in their fondnels lor fafhionable follies,
luxuries, and extravagancies, compleatly re
semble the lamb described by the poet:
The lamb thy riot dooms to bleed to day,
Had he thyreafon, would he skip and play ?
Pleas'd to the last, he crops the flowery food j
And licks the hand that's rais'd to flied his blood.
The cure of evils that have taken deep root in
a community requires time, patience, and reso
lution.—Complaints are unavailing—and perhaps
in no country is it more difficult to fele<3: proper
fubjetfls, on which a general odium can be fixed
with propriety, than in America: Every man
woidd therefore do well to lay his hand on his
heart, and fay, " is it I"—for a general refor
mation, and universal liappinefi, mull begin with
INDIVIDUALS.
While we are obliged to delve and toil to make
remittances to the merchants of Britain for ma
nufactures, many of which we pay for, at jo per
cent, more than we could furnilh them from among
ourselves, we are but a little removed from a
state of tributary slavery.
The young Gentlemen under the care of Mr. Hardie, will be
examined on the Greek and Latin languages, on Tuesday next,
in hisfchool-ioom, near the Baptist Church, in Gold-Street. The
examination will begin at 10 o'clock, forenoon,and at 4, afternoon,
when their parents and guardians, and the friends of literature
are eafnellly requested io attend.
THEATRICALS. 7ohn-Street.
Last night the School for Soldiers, an elegant, tender, sentimental,
ind well conduced Dramatic Entertainment, written by a citizen
of the United States, was performed, amidst repeated buifts of ap
plause, to a crowded house. The principal characters were ex
tremely well supported by Meflri Henry, Hallam, and Harper—
while Mrs. Henry and Mrs. Harper, added greatly to the inter
cft of the a£tion, and often difTolved the audience in tears. A more
profound attention was never known to be given to any piece
through the whole performance; A circumstance, which indica
ted the real interest which the galtery took in the fate of the De
fer ter< ought not to be omitted : as soon as the soldiers on the
ftaae demonstrated their joy, by huzzaing, for the pardon which
was announced to have beert obtained from the late Commander
in Chief for the Defcrter, the audience in the gallery spontaneously
gave the fame proof of sensibility and *atisfa£Uon.
In the Farce of Who's the Dupe, Mr, Morris distinguished him
felf—and the whole performance wasunufuallycorre£l and spirited.
LITERARY ARTICLE>
This Day is published, (Price of 6)
And to be fold by Berry by
Robert Hodge, Corner of King and Queen-Street, and by
the Editor hereof;
twentY-sijc <
LETTERS,
U.pon INTERESTING SUBJECTS,
respecting the REVOLUTION OK AMERICA.
Written in Holland in the Year M, DCC, LXXX.
By his excellency JOHN ADAMS,
WHILE HE WAS SOLE MINISTER HKKIIOTEN TIAR Y FROM
THE UNITED STATES OF AMERICA,
FOR NECOCIATING A PEACE, AND A TREATY OF COMMERCE*
WITH GREAT-BRITAIN.
Never before published.
ADVERTISEMENT.
Prefixed to the Letters.
DR. CALKOEN, an eminent Civilian at Amflerdam, to whom these
letters were written, composed, by the means of them, a comparison between
the revolt of the Low Countries from Spain, and the revolution of the
United States of America', in which he concluded, upon the whole, that
" as it was a kind of miracle that theformerfuceceded, it wouldbe a greater
"miracle JIM if the latter should not."—This ctrmpoftion was read by
him to afociety of gentlemen of Utters, about forty in number, who met
sometimes at Amjlerdam ; and by its means juJI fentim nts of American
affairs began tofprtad in that country, and to frei'ail over the continual
mfreprefentations of certain gazettes and emiJJaries—Th'e publications
of General Howe and Burgoyne, in vindication of themfe'.ves, were
procured to be translated intp French,andpropogated, together with many
other pamphlets, which affied in the fame design, and contributed to ex
cite the citizens Ho those applications, by petition to the regencies oj the
ftveral cities, which finally procured the acknowledgement of American
Indi tendency, the Treaty of Commerce, and a loan of Money.
y 1 . JOHN ADAMS.
The firft of these Letters contains a couciie atcount of American
Affairs before, during, and after the commencement of the la;e
war. Dr. CAi-Kotx'spropoJitions and enquiries are as follow.
1. " To prove, by striking fails, that an implacable hatred and
aversion reigns throughout America."
2. " To Ihew that this is general, at least so general, that the
tories arc in so small a number, and of such little force, that they
arc eountcd as nothing."
3* tl To (hew that America, notwit'nftanding the war* daily
incrcafes inftrength and force."
4. " Whether America, in and of itfelfj by means of pur
chasing or exchanging the productions of the several provinces*
would be able to continue the war for fix, eight, or teh years,
if they were ent inly deprived of thetradewith Europe; ortheir
allies, exhausted V.y the war, and forced to make a separate peace*
were to leave them ?"
5. " Whether a voluntary revolt of any orle or more of the
States in the American confederation is to be apprehended : And
it one or mote were to revolt, whether the others would not be
able to defend thetnfelves ?"
6. " That no person, in America* i$ of so tnuch influence*
power, or credit, that his death, or corruption by English money,
could be of any hameablc consequence."
7. " Whether the commoh picople in America are not inclined,
nor would be able, to find fufficient means to frUftrate, by force,
the good intentions of the (kilful politicians ?"
8. " What England properly ought to do, to force America to
fubmiflion, and preserve her in it ? How much time, mo.nevs
and how many velTels, would be wanted for that pur{>ofe ?"
9. " How strong the fcnglifb land force is in America? How
strong it was ai the beginning? And whether it increases or di
minifnes ?"
10. " How great is the force of America? The number of
men ? llieir dicipline, &c. from the commencement of the
trouble* ? Is there a good supply of warlike (lores ? Are these to be
found,partly or entirely in America ? Ormuftthey be imported?"
11. " How great is the present debt of America ? What has
(he occasion for yearly to a£l defenfively ? Are those wants sup
plied by the inhabitants themselves, or by other nations ? If in
the latter cafe, what does America lose of her strength by it ?
Are they not, in one manner or other, recompenfcd again by
sOme equivalent advantage ? If so* in what manner ? What would
be required to aftoffenfively, and by that means (hortenthe war?"
12. " What countenance have the finances ? How much does
the expense exceed the yearly income ? Does the annual revenue,
derived from the taxes, increase or diminish, in the whole, or in
any particulars ? And what arc the icafons to be given for it ?"
13. " Of what resources might America hereafter still make
use of ?"
i - " What is the quantity of paper money in circula
tion ? What credit the inhab'itanns have for it, in their business P
What designs the inhabitants have by maintaining its credit
What by preventing its increase ? And in what manner do they
realize it ?"
15. " Does not the English army lay out its pay in America ?
At how much can the yearly benefit be calculated ? Are not thg
prifoneri provided for in America ? Who has the care of their
maintenance ? How was Burgoyne's army supplied ?"
16. " Who loses most by delertion ? Do the English and Ger
man deserters fcrve voluntarily and well in the American army ?
How can those who do not enter into the army subsist ?"
17. " Whether We have any information that we can rely on,
concerning the population ? Has it increased or diminished, since
the war ?"
18. u Does fufficient tranquility, contentment, and profperi
tv, reign in those places where the war does not rage ? Can one
fufficiently subsist there without feeling the oppreflion of the tax-
PS ? Does plenty abound there? Is there more than is nceffirr
For consumption ? Are the people well afFetted and encouraged
the war, and endure its calamities ? Or is there pover
:y and deje&ion
19. 44 Is not peace Very much longed for irl America ? Might
not this desire of peace induce the people to hearken to proposals
ippearingvery fair, but which really are not so ; which the people
might be too quick in listening to, and the government forced to
iccept ?"
20. 4{ Have there not been different opinions in Congress, with
regard to this (i. e. to proposals appearing fair, which were not so)
From whence animosities havearifen?"
2t. " Are there no mal-contents in America, against the go
vernment, who are otherwise much inclined for the American
cause, who may force the nation, or congress* against their resolu
tions and intercfts, to conclude a peace ?"
22 —23 " General Monk repaired the King's government in
England : Might not one American General or another be able,
by discontent or corruptiori, to do the fame ? Would the army
follow his orders on such an occasion ? Coiild one or more politi
cians, through intrigues, undertake the fame with any hopes of
success, (hould even the army aflift him in such a cafe ?"—244
li The revolution must have made a great change in affairs, so
that many people, though at present Iree of the enemy's incursi
ons, have loft their daily subsistence. Have the accupations,
which come instead of their old ones, been fufficient to supply
wants ?
25, — 44 Dothey who have loft theit pcflcflions and fortunes by
the war, endure it patiently, as compatriots, so that nothing can
be feared from them?"— 26. I( How has it gone with the cultiva
tion of the lai\d, before the troubles, at the commencement, and
at present? Whit change has taken place ?"
27.— 41 How Vrus the situation of manufactures, manual arts
and trade in general, at the beginning of this war? What change
have they fuffered ?
28; " Has America gained, or loft, by the mutual capture of
(hips ? How much is the benefit, or prejudice, of >t,by calculation ?"
29. 44 What are the real darfiages sustained, or still to be fuffer
ed, by the loss of Charleston? And what influence it has had
upon the minds of the people ?*'
■ ■■■*'■ ■*» ■ in ■ ; -
To PACIFICUS.
IF I have appeared at any time to favour any particular feft, or
religious tenets, it is, probably, for the lame reason that you ap
pear an advocate for some other; betaufc each thinks himfclf
right—which may be true, if it be admitted that " as a manlhinks,
"so is he." But as in a publication, in the "Gazette of the
44 United States," No. V. " on religious toleration," I hive ad
mitted the poffibilrty of doubt, in all cases not mathematically
demonstrable, it cannot be rationally fupjpofed, that I (hould I<>
soon after conclude, that every man was in an error who should
differ from me in opinions notoriously problematical;—l will,
therefore, prefutfne, that the inferences wT.ich you have drawn
from the publication to which you refer, do by no means neccf
farily follow : —But no consideration should induce rfie to engage
in religious difput s ; betaufe they have been rarely found, as ap
pears from history, and the experience of ages, to tend to the con
viction of either paity; but on the Contrary) have only ferveu, in
general, to irritate, to inflame, and to fivet prejudices, which
never fail to warp the judgement, mi (lead the unwary, and fre
quently to produce those evils, which maugre your suspicions—
no man can hold in greater abhorrence than I do.—Persecution o£
every species, difqualification, ot even discrimination for differ
ence of opinion in religions matters, appear to me in every view
totally repugnant to the great purposes of religion, as well as to
justice, reason, and good policy; and would probably soon evince
to America, that*fhe had spent her blood and treafurc to no good
purpose :—But while yoii appear to be jealous, and tenacious of
your particular tenets, permit me to urge a doe and decent re
gard to th»fc which I may poflibly thirtkof equal importance, and
deserving equal reverence and respeCt from those who profefs the
fame opinion ; but, at the fame time, I hope never to fee those*
or any other rtligious opinions, supported, defended, or incul
cated, but with a spirit of meekness, and by a conduCt perfectly
consistent with the genuine principles of toleration; wfttt the
most liberal candor, unbounded charity, univcrfal philanthropy,
and every moral virtue. E. O.
In the (ketch of Mr. Madison's Speech ia our last, in 26tia
line from top of middle column 3d page, for 44 out of the power
of the Legislature to infringe" readout of the power of the State
kegiflaturcs to infringe, &c.