Gazette of the United-States. (New-York [N.Y.]) 1789-1793, June 19, 1790, Page 493, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    4
* P . ... .1 -■ . —
PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FEXKO, No. |vBROA'D-STREET, NEAR THE EXCHANGE, NEW-YQKK.
[No. zo, if Vol. 11.]
THE TABLET.—r-No. CXX.IV.
*' A oftencr has tccafton to guide tht pub
r .:c opinion, than to bt guidtd ,by it."
IHAV.'J observed that there is a gajiera] dis
position in legiflarfct's to consult and follow
what they call the public opinion. Whether
c'his regard to the public voice proceeds from a
with to gain popularity, uu ,froni a real desire to
promote the public welfare, is not material la the
purpose of this eflay. It mult be prefunied that
legislators acft with as much purity of intentions
as other men, and that the tendency rather than
the motives of their conduct ihould be made a
fubjedt of examination. The frequent reference
to the public opinion, in legillative afiemblies,
seems to pre-fuppofe two things ; one u, that the
popular sentiment is fixed, and cun he definit
]y ascertained ; and the other, that it ought
to be deemed proper and obligatory upon the
legislature Boththefecenclufions however Ihould
be adopted under some iclh rdions. As I hive
before touched upon this subject, in the 7th and
Stli numbers of my speculations, I lhall be the
less diffufe on this occalion.
That the public opinion cannot be diltinguiih
ed by unequivocal marks, may be jnK;j*re<) from
its being quoted by persons, who, in the (amp de
bate, are advocating oppofue fides of the quef
lion. It is certain botli cannot be perfectly in
the right ; and yet neither seems able to prove
that the other is absolutely in the wrong. From
this circumstance, I conclude that the public
opinion is often too indefinite to be admitted as
a rule of conducfu If indeed we are to jrT.her the
public opinion by obtaining that of every indi
vidual in the community, it would be not only
ffn<siuating, It would amount
to nothing. Men, living ia different diftrkis of
the comm unity,or purfiung diifcrent occupations,
cftnnot be supposed to have an cxaft fTiuUarjty of
opinions and feelings. Were the various clafiis
of people to be confuked, it» fur.as
xo render their advice obligatory, tlicy would re
commend such a contrariety of meafui es,as would
lead to conlulion, and terminate in the dilfolu
tion of civil society. To avoid the perplexity of
putting into operation luch clashing views, a le
<jiflature is formed ; whole duty it is~to leprefent
those various diftriifis and occupations. Such a '
leprefentative bodylhould bring together all the '
inferefting faifts that relate to their constituents, ]
and from an aggregate view of their rircumftan
ces, adopt fucli expedients as will equalize rhe ad
vantages and burdens of government. In this
manner the lharp points of local interests and
willies may be worn off, and a fy Item of laws
enacted, that w ill in the greatest degree embrace
the general intereflandconvenience. The legi
llature therefore have only to consult the public
welfare, and their laws will generally create a
common consent in their favor, though there pfe
exifted 110 general sentiment relative to the af
fair ; or even though there did pre-exifta gener
al sentiment contrary to the tenor of luch laws.
There is scarce an individual who ascends from
a piivate into a public situation, but will find he I
liad entertained ideas refpetfting legislation that
were erroneous and partial. Mod men will have
the candor to confels, that their moll pertinent
opinions, in public matters, have been the result
of experience. And however they were disposed
to gratify the wishes, and promote the interest
ofevery class of their constituents, they are flill
conftrtuned to believe that the public good is a
very different thing from the views and prejudi
ces of individuals. There are some occalions
where the public opinion will be ftcady and uni
form, and where it inuft and will control the le
gislature.' In my next , number 1 will enter into
some exemplification of the subject.
Extraß from a late Proclamation of the Covtrnor of,
Vermont, appointing a Jay of fa fling and prayer.
■TMIA F tlie Supreme Governor of the Universe
-8- would remove every obstacle put of the way.
ct the reception of this State into the Federal Un
ion— tliat he would bless the Uiiited States of A-
Jiierica—fucceed their councils at home, and ne
gotiations abroad—preserve and ftrengtheti their
Union, bless their allies, and render the connec
tion formed with them mutually beneficial—that
he would grant wisdom and council to their legi
llativc, executive, and judiciary departments, v nnd
that he would prolonp and render eminently
ufehi! thelifc of the Preii'Jent oithe United States
of Amcrica.
SATURDAY, JUNE 19, 1790
AT THA IEQOKO JESfiION.
Begun and held at the City 00 Monday the fouith
of January, one th(*u(a^ickfevenhundred and, ninety.
AN ACT for giving E(Fec> to the fcveral Ads
therein juentiopro, in r-ei;>3& to the State of
Rhode Island and Providence Plantations.
BE it mailedhvticSeijle mid Hats: d •?eprcfrttitivcs of (he Uni
ted States of 4*ttlCtitt. £ait,rtt/t afjti hUd, Thai the fevcral and
r(.if\c£h?c ilutus aui laid n» ,i"(t by the a& t intituled,
11 An aCi far laying a duty pp (*oor!s, \4trrs ->nd merchandizes im
pottirtl into,the Unittß S;Mcs,'* an din c*vkl by the aef, intituled,
" An att iiupofing <fu tflts- on toniaf)' shall p<? paid and coll
ed upon all wares and metchandmrs, which after the ex
piration of five days from the palling astmj ast, lhall be imported
into the S*ate of Rhode-Island and Pru/.dence Plantations from
any foreign port or plice, anc( upon <\c tonuagr of ail tbip> and
veirels which afirr the f a ,d d*y fh.vil he entered wit .in the said
State ot Rhode-Jfljnd and Providen-e Plantauons, fubjeft to the
exceptions, qualifications, alk>* <*oce» syid abatements in the said
atts contained or which atUlhall be deemed to have
the like 'force and operation within thr hid State of Rhode-Island
and Providence Plantations, as elffcwhetc Wuhin the United
States.
And bf it further /na£UJ % That collision of- ihe said
t here fhjlJ be m the said Slate oi Rhode-Island and Provi
dence flirtation's. t4ro diftridts, to wit* the diitridfc of Newport,
and the tiiftnft of Province. The diftnft of Newport thall
comprehend all the waters, shores, bay*, harbors, creeks and in
lets, tiom the Will line of the all along the fea-coalk,
and noi ihwaid up the jr ragout, ! .i. 1. twit »»Ic-• !y
Mnnimuut point at high water mark ; arid fhill in<Jw(ie
the fcveral towns, harbors and landing peaces at Westerly, Charlef
town, South-Kingstown, NOl Eaft-GTeenwich, and
alj that part ot the town ot Warwick Southward of the latitude of
Kmnimicul-potnt ; and also the towfts, harbors and landing
plaees of Barrington, Warren, Bristol, Tiverton, Little-©ompton f
and all the towns, harbors and landing places of the island of
Rhode-island, Kinnunicut, Prudence, New-Shoreham, and eve
ry oiher island and place within the said State Southward of the
latitude of the (aid Kinnimicut-point. The diftri£l ot Providence
shall comprehend all the waters, shores, bays, harbors, creeks and
inlets within the laid State Northward of the latitude of said Kin
nimicut-point. The town ot Newport shall be sole port of entry
in the said diftrift of Newport, and a collc&or, naval-othcer and
surveyor ihall be appointed to reside at the said town of Newport;
and North-Kingllown, Jkaft-Greenwich, Barrington, Warren, Bris
tol, and Pawcatuck river in Westerly, shall be ports of delivery
only, and a surveyor shall be appointed to reside at each of the
ports of North-Kingstown, East-Greenwich, Warren, Bristol and
Pawcatui k river, and the surveyor to reside at Warren (hall be
surveyor tor the port ot Barrington. The town of Providence
shall be the sole port of entry in the said diftnft of Providence,
and Patuxet in the fame diftrift shall be a port of delivery onlv ;
and a colledor, naval-officer and surveyor shall be appointed to
reside at Providence, and a surveyor lhall be appointed to reside
at Patuxet.
And be ♦/further er.afied, That all the regulations, provisions,
exceptions, allowances, compeniations, directions, authorities,
penalties, forfeitures and other matters whatsoever contained or
cxpreired in the ast, intituled, " An ast to regulate the collection
of the duties imposed by law on the tonnage of lhips or vefTels,
and 011 goods, wares and merchandizes imported into the United
States," and not locally inapplicable, shall have the like force and
ctfeft within the said State of Rhode-Island and Providence Plan
tations, for the collection of the said duties, as elsewhere within
the United States, and as if the fame were repeated and re-enaCted
in this present act. Provided always ■, and be it declared, That the
thirty-ninth ftftion of the said ast, and the third seCtion of an aCt r
intituled, 44 An ast to suspend part of an ast, intituled, " An aCt
to regulate the collection of the duties imposed by law on the ton
nage of (hips or vessels, and on goods, wares and merchandizes
imported into the United States, and for other purpof s," did, by
virtue ot the adoption of the Confiitution of the United States by
the said State of Rhode-Island and Providence Plantations, cease
to operate in refpcCt to the fame.
Andbeit further enafled, That the ast intituled, "An ast for
regiflering and clearing vessels, regulating the coasting trade, and
for other purposes," shall, after the expiration of five days from
the palling of this ast, have the like force and operation within
the State of Rhode-Island and Providence Plantations, as else
where within the United States, and as if the several clauses there
of wcie repeated and re-enacted in this present act.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Reprefentattves.
JOHN ADAMS, Vice-PrcfidentoJ the United States.
and President of the Senate.
Approved, June the fourteenth, 1790.
GEORGE WASHINGTON, President of the United States.
(Tku£ Copy)
THOMAS JEFFERSON, Secretary of State.
ANECDOTE.
THE poor old Man who quitted his native hills, and from the
summit of Mount Ju it a, undertook a journey to Versailles,
to behold and retuin thanks to the National Assembly for the vote
which had freed him and his poor countrymen from the feudal
yok.r, died litely at Pans, at the prodig'ous trz 0 f 1;1 years.
493
CONGRESS.
HOUSE OF REPRESENTA I IVES.
TUESDAY, MAY 25.
Mr. Gerr\'s motion $nt e ajjumf fion oj th: 'State debts, ivfiicK wat
injerted in this piper of the I6M, under confi deration
MR. m man.— Ilic (jutllion now under conlider.;liou i ,
whtliujf the State debts that have been contrived fbr ihe be
nefit of the Union ftiall be aflutned by the I) iiiied Stales. Tins
11 eircniul pan of thefyftenl repotted by the Secretary of thr
Tredfui y for funding the National debt. The fubftan eof the at
gumenrsin favor of the affuuipticn are . *
1. That the debts were contracted on behalf and for the benefit
o the United States, and therefore jufticc that thev ibouid
be assumed.
2. That fame ftatcs have t?.kcn upon thcmfelvcs giea;er {firni
t! an othets, and beyond ihcir just proportions or abilities to pa).
3. That the funds oiitof which thefc debts outfit to be paid, are
by tiie constitution put under the direction of tta fedual govern
ment, and this has been done by the authority of the people, since
the debrs were ( outraged, and tor the cxprei's purpose of payinj*
the debts of the United States, ot which these are a par., and there
fore ought to tbllow the funds
4. That the imports andexcifes, f« far as excises may be neces
sary, can be best managed under 1 one dirc&lon,
5. That equal justice ought to be done to all the creditor?;, but
this cannot be done by the individual ftatrs, some of th< tn
unable to make the nccefTary provilion, they bein-j burchcnod be
yond their quota, and deprived of their former revenues.
6. That the mcature is founded in good policy, as well as juftit e
as it will promote harmony among the ditlerent clafies or credit
ors, and among the fevcra! fhtes, and attich them to the gov; rr.-
m nt, fnd facilitate its operations.
I (hall now take notice of some of the principal obje&ions.
1. It is said that the accounts ot the teVeral ftatcs with the Uni
t d ought 10 be felllcti. X agree that no pavmeut to
le made to thelites unfil their accounts are fettled. But that
not to etfeft the rtyjits ot individuals, who have liquid, ted
claims for (Vrviccs or fupphts tendered for the ben: fit of the Uni
on, whc.h r the contrail was made with a member, or an offi
cer ot the United States. It is not in the power of thele crcduois
to compel a fettleineni, nor ought their claims to be p< llponed or
affiled for want ot Inch f.-ttlement, tut suCh of the fccunties is
may be the property ot a state are on a different footing
2. It is objected that when the it ites Look tne debts eta thenj
felves, they expected 10 pay then. This cannot br admitted with
out some explanation—by the confederation all charges of war,&c.
incuned tor the common defence and geueral welfare were to be
paid out of a common Treasury, which was to be supplied by the
fcveral totes, paying in their refpcttive quotas, and a final adjuft
mcnt ot the accounts was to b« made ; and the individual ilatcs ex
petted that all the sources ot revenue would remain in their hands,
out cf which if.-, v expe&td to pay ti*t:r <juyut of«H thedchtt and
expences of the Union : But by a revolution in g&vernmem, rh£.
revenues are put undtr the power of the federal government, tor
the express purpose of paying the debts, fj that the Qiode of pay
ment is materially altered, and the obligation transferred froau it:c
individual Hates to the United Scares,
3. It is objected that this is a new proje£l— and not mentioned
in the conAitutioo. The novelty of it is no just objection againlt
adopting it— if the measure be just. It was mentioned in the ge
neral convention—but it was nor thought necetfary 01 proper to
insert it in the conllitution, for Congrels would have lulticieut
power to adopt it if they Ihould judge it expedient.
4. It is favd that the Hates mod urgent tor this mcafurc are not
incapacitated by adopting the new constitution for paying their
debts. .
Anf. The states moflburthened with debts, and the only ones
who expected to have sums greater than their quotas assumed, are
Massachusetts and South-Carolina, and these depended chiefly on
impost, of which ihey are now wholly deprived.
Connecticut docs not wish, or expect to have n*>re of her debt
assumed, than her just quota of the whole sum to be assumed, so
that no other state will bear arly greater burthen on her account.
The debt of New-Hampshire will not amount to half the sum of
her quota, of ihe 4 bts proposed to be assumed, but i"he has been
id favor of thcjmealure on principles of justice and national policy.
But a very fallacious argument has been advanced refpefting the
ratio in which some dates contribute to the common funds by way
of import : And it comes with a very ill grace from the gentle
man who advanced it, bccaufe it is so fully refuted by the report
of a committee of the late Congress, of which rommittee, he was
a member. It appears on the journal of the 29th April 1783, page
203, whereby it is (hewn that the several states contribute- by *
general impo«t, in portion to the number of their inhabitants,
whether the articles are imported, and the duties paid, in the state
in which they are consumed or not, as the tax is ultimately paid
by the confumers—(Here a part of the journal was read.^
5, It is odjefted that it will be difficult to discriminate the
state debtscontracted for the Union, from their other debts : But
what neceflity is there for such a difcrtmmation, if only certain
sums are assumed, and the states charged with them, the whole
will be adjufL-d among the states 011 the settlement of their ac
counts ; besides their debts for other purposes arc lnconfidcrablc.
6. Objection, if only part of the state debts be assumed, equal
justice will not be done to all the creditors.
Anfwcr, The small sums that will remain of the debts of any of
the states can, and doubtless will be, as well provided for by the
lefpeftive states, as those assumed, will by the United States.
It is proposed to assume the whole of the debts, of the states ot
New-Hampshire, New-York, New-Jersey, Pennsylvania, Deli
waie, Maryland, Virginia and Georgia* and the small sums that
will remain of the debts, of Maffachufctts, Connecticut, North-
Caroling and South-Carolina, can easily be provided lor by those
Slates. —
j. It has been obje&ed that Virginia has made great exertions
in complying with the specie requilitions of Congress, and in fink
ing a considerable part ot the principle of her debts, since the
peace, and therefore it would be inequitable to incrcafe her bur
then by alfuming the debts of other States which have not made
like exertions.
The answer is, that it is not proposed to lay any additional bur
then on that State. The amount of the State debis to be assumed
will not exceed 23 millions of dollars ; the debt of Virginia to
be assumed amounts to 3,681,000 dollars, which is something
more than that State's quota ot the whole sum to be assumed, in
proportion to its number of Representatives, so that the mteretfcof
Virginia would be no otherwise affected by the assumption than
by transfering its debt, from its particular fund to the common
fund?. It is also proposed, to aflume of the debts of Connecticut
end North-Carolinr, the just amount of their refpechve quous of
the whole lum proposed to be assumed.
[Whole No'i ; i'24-]