3>ire& your attention aita to the fconduft of the nationalofocers
and let not any corruptions,frauds, extoniops, or criminal neg
ligencies, with which you may find any of them justly chargeable,
pass unnoticed. In a word, Gentlemen, Your province and your
duty extend (as has been before observed) to the enquiry and pre
sentment ot all offences of eveTy kind committed againftthe ni j"
cd States in thisdiftri&, or on the high seas by pcrfons in it.
in the performance bf your duty, you Ihould meet with difficulties,
the court will be ready to'afford you proper afliftance.
It cannot be too ftronglv imprefled on the minds of us all, how
greatly our individual prosperity depends on our national proipo
lity ; and how greatly our national orofperity depends on a well
organized, vigorous government, ruling by wife and equal laws,
faithfully executed, nor is such a government unfriendly to liber
ty to that liberty which is really inestimable. On the contrary,
nothing but a strong government of laws,irrtlillably bearing down
arbitrary power andlicentioufnefs, can defend it agaiuft those two
formidable enemies. Let it be remembered, thaf civ liberty con
sists, not in a right to every man to do just what he pleases—but it
consists in an equalright to all the citizens to have, enjoy, and to do
in peace, security, and without moleftaiion, whatever the equal
and constitutional law* of the country admit, to be confident
with'the public good. It is the duty and the interest, therefore, |
of all good citizens, in their several stations to support the laws
and government, which thus prote£l their rights and liberties. I
am persuaded, Gentlemen, that you will chearfully and faithfully
perform the tafknow afligned you: and I forbear, by additional
retparfcs, to detain you longer from it.
rTo the foregoing Charge, the following REPLY uvs made by the
Grand-Jury,for the Majfuhujctts DijfriH.]
IT PLEASE YOUR HONOURS,
THE Very excellent charge givrn lothe Grand-Jury of this d'«-
trift, by his Honor the chief Judge ot the Federal court, demands
our thanks', and particular attention : And that it may be more in
fluential, and iraprefs the minds of our It'll;) -v citizens at large, w
beg leave to ask a copy of it for the pre!.
Your Honou s may be assured, wr*fh i> <everal depart-
Tnents, when dismissed, exert our in&u* x promote peacc,
good order, and a ftrift regard to the la\A s of toe I niti d Stairs,
agreeably to the constitution so lately adopted • and we trust thr
judicial department will ever be filled, as ii now is with genuemei.
of the firll characters for learning, integrity aud a' .y.
We wiih your Honours the divine presence in jII your circuits,
and that you may be guarded by a got>d providence.
BENJAMIN AUSTIN, Foreman.
May 4, 1790.
f{3~ The Supreme Court of the United States for the Eaflcrn Circuit,
u'JJ held in the DiJlricl of New-York, on the \th—oJ Conne licut on the
tiidays of April— 0/ M.ijjachujetts on the 4M, and 0/ Nesu Hamfjhut
en the 20//1 dap 0/ May laji.
THE TABLET. No. CXXIII.
'< The belt institutions may appear imperfect,
-while the people are so, among whom they are
established."
, (Continuation and conclujion of the arguments infupport of the petition,
that the universal dijfujion of literature nujt precede and-prepare the way
Jor the universal prevalence of religion.)
THERE may b« *n objeflion brought agaioft tfie princi
ples of thii difcuflion. It may be suggested, and lam
-willing to concede to the truth of it, tbatin nauoni arrived to the
greatest degree of refinrn»ent in learning, every fpeciti of vict
and immorality his been carried to the grnteft degree of exceft.
To obviate this objrQion it must be confidcred, that these vices
proceed from eauici lotaUy alien from litenry improvements.
The corruption of learning,«f manner sand religion, are a neceflary
stage in the progress of nations, and inseparable from humanity.
Xiterary improvements flourifh moll in the period immediately
subsequent to the civilization of a kingdom, and their declension
always precedesitsdeftruQioor These stages are elTential to every
thing capable of progreflion. In the vegetable world we fee
plants spring from the earth, grow to muturity, and decay. Our
bodiesexhibit the tendernefa of infancy, the vigor of manhood
then the feeblenefs and deformity of age. Our intelleaual facul
ties pass through stages precisely corresponding to those of the bo
dy ; and we may as well impute the decays of old age to the en
largement of our intellectual jwweis, as to ascribe national decays
of religion to improvements in literature. These stages are in a
peculiar manner incident to nations. And as the growth of the
body must, in some measure, precede the improvement of the
mind ; so the introduftionof literature into a nation must, in fame
measure, precede the reception of religion. Then both flourifh
in their purity and are corrupted together. Literature, like the
body, ceafesto exist; religion like the intelleaual faculties is ex
tended to immortality. The obie&ion therefore amounts to no
more than this : that it is impofiible to give a perse& religion to
imperfect cteatures; that is, one fjiflicient, without miraculous in
terposition, to restrain their vicious Inclinations j or to express it
in other words,that it isimpoflible to give perfe&ion to the mor
al character of a race of beings, who are imperfect in all other ref
pefls.
. When therefore we reflcft that religion is cultivated most in a
{late of mediDcritv, equally removed from opulence and indi
gence, every rational mind must be convinced not only of the fu
tility of the objection just mentioned, but that religion, as well as
civil liberty, flourifhes best in a land of knowledge.
This enumeration of historical fafls, and the Ibfervations we
have made, may be comprised in the following concise deduflions,
—That mankind in the savage state are incapable of entertaining
any just notions of an infinite invisible Deity, or of understanding
the fundamental principles of ciiriftianity; ihatof couife it is na
turally impofljble they ftfoold believe r «uklllefs pra£ttfe its pre
<epts ; that this difpenfatien was firft publirtiei and propagated'
among the most learned nations on earth, the Greeks and Romans;
thai wherever it has been preached among faipges, it has been
immediately buried in ignorance, or blended with idolatry ; that
wherever it has been established, it has been preceded by the in
troduction of literature or fuppotted and promoted by progres
sive civilization ; that at present it exists only in nations whrrfc
learning is more or lefsencouraged ; that a corruption of liteiature,
of mannersand of religion are elTcptial to humanity and infepara
bie companions. From these principles, which wefind establish
ed by the invariable experience of the whole human race, we con
clude with all poflible certainty, that so glorious an event as the
vniverjal prevalence of religion mvjl be preceded by the universal diffu
literature.
fion oj
CONGRESS.
HOUSE OF REPRESEN TA I IVES,
MONDAY, MAY 17
JN the bill for extending the Judiciary laws to the state of N.
Carolina, a clause was infertcd by which the Diftritt Couit of
lite State of N. Hampfhiie was to have been held only at Ports-
Vnouth, instead of Portsmouth and Exeter alternately as in the ast
patted last session. was amended in the House by in
f< rting Exeter" : The Senate difagrced to this amendment—
2 conference was held, and the joint committee proposed that the
lio-Je lhbnld rccede from their disagreement. This was moved
:(i House accordingly—and the motion fupponed by Mr. Li
• {more, ;mi opposed by-Mr, Oilman and Mr. Foftcr.
Mr. Oilman called for the reading read!
committee on the M™™ al no doubt the fact, stated
Mr.Ltvermoreobferved thathehaon, hurtdrfd
in this report were true, and that IMBthat the ship
tons had been at K«*r;but I. nvcr llght
was Only built there . that ll.e i.awled by ropes over mud
without mails, or kad.ogof any f.ncc, |
, n d flats dowu to Portsmouth, ncvcr w3sor ci „ boa
w d will never go there »f£n. Th*&£ mhcr laccs th e
S»" 3 .»«"•»''" ,J "
The Maritime Court was always held there it ! P
the bell place for the Di drift Court, and I hope fa.d Mr. liver
more it will never be held any where elte. . , .
Mr. Oilman replied to Mr. Livermore : Hrobfcrved that there
was a majority of the representation rom . cv.- »
vor of adhering to the original arrangement. Helbougl tome
.raid (hould be paid to their opinion—that a jn j ;or ty ■ h
nature of that siate, it was to be perfumed, werealio .n favor ol
it. He further obfcrved that he had no doubt hi. Hon. WlMgue
was inftrufted to fay, what he did ; but he beg d kavto oblerve,
that the gentleman's information was falfc re
water in the navigation to E.vtcr so (ai 10 . r jat
mud creek, there was from Bto ,oeet water at h.gh .nd a
Ipring tides feet ; and it „ fact that veflcl. from 5 o tom tom
partly load there, and bring their cargocsto tliat place Ihe dil
puteisa meer scramble between two towns, and if Col.gr
hould agree to the alteration «Vr alterations wi.l be found ne
jelTary, when theExcife law fii.H be paffed-for m .he aeirtbor
oodofF.xeter more than three-fi-mth. of the will
b- co efted-and there are noplaces bef.de, in thev.c.n.ty, which
can accommodate Courts,but Exeter He w.lhed therefore that the
House would adhere to the original arrangement.
Mr. Thatcher hoped the House would not agree to the report ol
> ioint committer, but would intift on then amendment It
f emed to*be a party matter between the towns ot Portsmouth and
Exeter, and the former only has bren heard before tins house.
So ne gentlemen from Portsmouth have com. forward and prayed
Congress to grant them a particular privilege, to the injury ot
Ex- ter The feting of Courts in a place is efleemed bv the inhab
itants thereof, a confiderablc privilege ; but Exeter has not yet
been heard—He therefore hoped this House would not agret to
remove the Courts from Exeter to Portsmouth, till time enough
has elapsed for the gentlemen in Exeter to come forward arid itate
their reasons why the Courts should be continued as they now are.
And this undoubtedly would be done by next session of Congress.
N.» iniuftice can accrue to Port (mouth til I that time. There will
not be more than one or two sessions of the Court before C ngrefs
meets again. He could nociielp observing, that the Senate, in this
cj'.c, had not aaed with their ufua) {lability, but seem to have at-
I tempted to change the place of holding the Courts in Hampfhue
without due consideration. They have attended to the pi aver ot
the gentlemen from PoTtlmouth, and have not given the gentlemen
of Exeter an opportunity of lhewing why that prayer ought not to
he granted It is a fact that Portsmouth and Exeter are, in some
refpefts, rivals—and this House ought not to favor one to the injury
of the other. Portsmouth has many natural advantages for carrv
ing on frade and commerce, while Exeter labors under every in
c ivenu nce, and therefore Congress will do well to extend to her
everything that may promote and cncouia je her trade. ihe gen
tleman firlt up from N. Hampftme, ( Mr. l.iveimoi cf) 'ays, that he
has been informed there is not more than 3 or 4 lect of water
t> Exeter; but another gentleman, from tint State, ''Mr. Gil
mau,) who has lived many years in Exeter, and been engaged in
Commerce there, declares the 1 c is a depth ot water ol 8 or 10 feet
leading to that town. It is to b pre fumed the latter <*-ntlcin>n
is best acquainted with this fact, I therefore lh.ill take it tor grant
ed the depth of water greater than has been repref u:<d
by those who advocate rem >val ot the Court.
It has been said the nitUiooevs are refpe£table fherchants in
Portsmouth—He doubted not but maoy ot them were very refpcc
table merchants—but hexiad rc.it >n to believe tome of them were
not in the mercantile lino—lt '.s laid the mat itime courts were ne
ver he'd Exeter ; but during the war were established, by the Le
gifl.iture of that ftatc, at Portsmouth—the reason was because the
maritime courts were then erected folcly for the purpose of trying
captures—and at that time there was but little, or no commerce
carricd on at Exeter, which if he had been rightly informed, is
not the cafe now. It the law tor ettablifhing the courts be
infpc&ed, it will apocar, that in several in(lances,thev are appoint
ed to be held at phces where they were never held betore ; he be
lieved that was thf cafe in th<- diftrift of Maine—the courtis now
held twice a year for that didrift, at Wifcafiett, which begins to
be a flourifhing place, though but a few years ago there might be
no commerce there. This he took to be the cafe with Exeter.
It has been said the Gentlemen at Portsmouth are willing the
circuit court (hould be held alternately at Portsmouth and Exettr,
and he conceived there was the fame reason why the diftri& couit
(hould be held at Exeter also. He thought this reason would be
much stronger when the excise laws were contemplated as a source
ot judicial buGnefs.
He sard he had one observation to make on the method the Se
nate had taken to effe£l the removal of the court'from Exeter. A
clause is tucked in at the very close of a bill for eflablifhing the
judicial courts in the state of North Carolina—lt is of great impor
tance to have the courts eftablifhcd, as soon as pofTiblr, in thit
State, and withou doubt the Senate presumed the House, under
this impreflion, would consent to the clause refpefting Exeter, ra
ther than retard the pafling of the more essential parts of the law.
But he hoped the House would perfitl in their original amendment,
and if at the net feflion it thould appear necellary to remove the
court from Exeter to Portsmouth, it will then be time enough to
do it, and a law may pass for that purpose.
Mr. Sedgwick said that some obfervationshad been thrown out
against the Senate, which he did not conceive their conduct me
rited ; and from the known canddr of the gentlemen who had
used them, he did not doubt that on mature retlcftmn they would
confidcrthcm in the fame light that JTe did. The fubjett now be
fore the House has been canvallcd by acomnfittee from both Houf.
es ; every member of wh£ch except one, was in favour of the re
port which had been ma<)e —they arc gentlemen of undoubted in
tegrity—they had the fulK.lt opportunity of investigating the fub
jeft, a much better opportunity than (tie House can poflibly have—
and if the reports of such committees are not to be a rule to the
House, their utility is deltroyed. He had foimerlv been in favor
of the court's being held at Exeter, as a majority of the members
j from that State had represented it as eligible , but fincc t has be
come a fubjeft ofdilpute, and the matter has been carried to such
lengths, and the result has been the repoitnow read, he was in fa
vour of receding.
Mr. Foster observed that the Gentleman from MafTachufctts was
mistaken, as there were two members of that committee against it
—he added some observations which we did not hear.
The queflion for receding being put, was loft—and the house
v oted to adhere to their amendment.
MONDAY, JUNE 14, 1790.
The Committee to whom was re committed the
bill for the relief of Nathaniel Twining, report
ed an amendment to said bill, which was, to flrike
out the firft clause. The bill as it nowitands,
provides only for a remiflioi} of the penalties in
curred by said Twining for failures in his con
tra<sl for transporting the mail The amend
490
ment re ported was agreed to, and the bill ordered
to be engrofled for a third reading.
In Committee of the whole oh the bill for re
pealing, after the lalt day of the duties
heretofore laid on spirits of foreign manufacture,
and laying others in their (lead.
Mr. Seney in the Chair.
The Committee proceeded in the difcullioii of
the bill, andfinifliedit.—They then rose, and the
Chairman reported the fame to the Houl'e, ■with
sundry amendments.
Mr. Sedgwick madefoine objections to entering
into a consideration of the amendments proposed
to this bill.—He vvifhed that the question of as
sumption iliould be firlt decided upon.
Mr. Sherman was in favor of fiuilhing die bill
at this time—He wilhed and expected that the
aflumption would be taken up,'before the dole of
thefellion —andfaid, it may be made the fubjed
of a separate bill.
Mr. Bloodworth offered several objections to the
bill. .„. .
Mr. Madison was in favor of fimfluug it.
Mr. Kitzfuuons observed, that the gentlemen
who are for delaying the pafljge of this bill, do
not explicitly object td the mode pointed out fur
1 ailing the additional revenue—They donotfay,
that if this plan is rejetfied, they will agree to sub.
ftituting other objects of revenue—so that those
who are in favor of providing the Ways and Means
to carvy into e(Fe<ft the funding system, are em
barralfed how to proceed.—lf the gentlemen vill
be explicit—and declare that if the proposed du
ties are not taken by the general government,
they will point out, and agree toothers, we (hall
know wliatto do—but at present, it is utterly im
poflible to determine, from their mode of proce
dure, what their objecft is.
Mr. Sedgwick replied to Mr.Fitzfimons. He said
for his own part, he had always aimed to be open
and explicit on this fubjedt— and that he was now
ready to declare, that on the principle of not af
funiing the State Debts, the duties contemplated
by the bill would be impolitic and unjnll—tliey
will operate in a molt inauspicious manner, both
with refpetft to the creditors of the States, the tran
quility of the State Governments, and the peace
and honor of the peneral government —This liad
been he said the invariable tenor of his obierva
tionson this fubjetfl, from the firft to thelaft.
Mr. Si one read a statement which he h?d pre
pared, containing several duties on Imports and
Tonnage, in addition to those already laid—and
some new ones—which he supposed might befub
ftitnted, in lieu of the Excise proposed in the bill,
to which he was oppofied.
Mr. (Jerry was oppoftd to proceeding in the
consideration of the bill—He wilhed it
for a few days, till the House could poflefsthem.
fclves of the opinion of the Senate—whom, he had
been informed, now had the fubje<ftof aflumption
under consideration.
Mr. Fitzfimons replied to Mr. Gerry. He tho t
it a very extraordinary propofit ion, tnat the house
(hould wait for the determination of the Senate
upon any fubjet r t, more especially a question of
this kind—besides he very much doubted the l ight
of the Senate to originate any thing on the busi
ness ofthe aflumption—but we arc not to decide
hastily, said he,becaufe a majority may determine
differently froni what some gentlemen appear t»
wiih should take place !
I would ask, said he, how this legislature is ever
to go on with the important business before tlieni,
except they are to abide by the decilion ot the
majority. Some gentlemen appear to be opposed
to the principle ofthe bill—others are oppoie't
to all duties except the State debts are aliened.
Let us reflect 011 our situation, provided no pa
vilion is to be made for the doineftic debt ot the
United States. He hoped the consideration 0
the bill would be delayed no longer.
Mr. Gerry replied to Mr. Fitzfimons ; he con
tended that the Senate had a right to originate
the business of the aflumption, and that it hat
been customary for that house to wait for theue-
of the Senate, when they had been inform
ed that they were on a fubjeel which the hou e
had contemplated taking up; he declared t iat
no man realized more than he did, the nnpor
tanceof funding the public debts—but then e
wilhed the system to be commensurate to the 0
jed:—to be impartial, liberal, and just.
On the question to take up the report 0 t
Committee, Mr. Vining moved for the Ayes an
Noes, which being called, areas follow:
AYES.
Meflrs A (he, Bald win, Brown,
Contee, Fitzfimons, Floyd, Foster, Galft, Giln» a >
Griffin, Hartley, Heifter, Jackson, Livermore,
Madison, Matthews, Moore, Sehureman, s>en J r
Sherman, Sinnickfon, Smith (M.).St°n e >
er, Vinin<;, White, Wynkoop, Williamfon.—3
NOES.
Meflrs Ames, Bloodworth, Boudinot, B" 1 ' e >
Coles, Gerry, Goodhue, Grout, Huger, Lawranc >
Leonard, Page, Partridge, Parker, Sedgwic »
RanfeSlaer, Sylvelter, Smith (S. C.) Steele,
ges, Thatcher, TrnnAull, Tucker, WaJfwo
2 4.