r
MR. FENNO, i
THAT the sentiments contained in the sol-
lowing PROTEST may be more generally known
throughout the Union, yoir are requested to in
sert it in the Gazette'ok ibeUni:ed States.
The Minority on the Vote refpelling the Rifolution s
of the House of Representatives on the fubjett of
the Excifs Dill, now depending in the Congress of
the United States, having had permifton to enter
on the journals the reasons of their dijfent, have ac-
cordingly introduced the following :
ifi.T) KCAI'SE, the piecedent being once eftablilhed, that if is
II rxpedicnt foi the Stale Legislatures to enter into legisla
tive icfolutions. refpefling the aas and proceedings of Congress,
would be attended with the mod fatal confeo|uences to the peace
and tranquility oftheunion; for under the specious and seducing
plea, that is now alledgcd, of protefling from invasion the liber
ties of the people, an opposition to every a3 of the federal go
vernment, for impofwg taxes, might be juftified; now the state
lcgiflatures are chosen for the particular objefli of municipal jurtf
diflion ; the people have never committed to them an agency in
the bufintfs of federal legislation, rror have inverted them with au
thority to oppose legislative barriers to the discretion ot Congress,
in the exerrife of their constitutional powers ; for they mufl ne
ceflaril" be incompetent thereto, lor want of the colleifed wisdom
and ext'enfive information that the complicated affairs of the union
require.
2d. Because we cannot but express, in language of unqualified
disapprobation, the impropriety of the House of Representatives
of Pcnnfylvania, difcufling the merits of a report ot the Secretary
of the Treasury, at the very period that Congress was employed
in deliberation on the fame fubjeft ; and of foreboding the mlf
chicf that might enlue from its adoption, by the federal iegiflature;
this was drawing an inference of a necelfary perversion of power,
to the public detriment, from the exercil'c of their conftitutior.al
authorities; which was ungenerous, as the poflible sbufeof power
is equally incident to every trust; and as amon;ll the acts ot Con
gress there is no evidence on record that canjuftify so dreary and
unfavorable an anticipation of their acts, the intentions (hould be
never malicioufiy prejudged, nor (hould crnfure be implicated,
without the proof, or even appearance, of error or criminality;
the federal government merits kinder treatment! han to be brought
into disrepute from a mere apprehcnfion of meditated danger.
3d. Becaufc, on a fuppoGtion that Congress, regardless of their
duty to their country, and their condiments, should pass acts,
which contravene the constitution, by encroaching on those pow
ers, which the (fates have ixclufively retained, it is presumable
that there would be found such inflexible integrity and indepen
dence in the federal judiciary, so to expound the laws, as to pre
vent their being carried into execution; bcfides, an additional
security and salutary check, arifeoutof the enlightened patriotism
of our Chief-Magiftrate, who, we may reft allured, will never
fanftion a legiflauve ast, that indicates an encroachment on the
reserved rights and powers of the people.
4th. Becau(e,the federal and ilate governments, are, in their
refpeftive characters, agents andtrulUes of the people, totally dif
tinft from, and independent of, each other, instituted with dif
ferent powers, and designated for different purposes. Neither has
any right to interfere with theconftitutional acts of the other ; and
(bould either attempt to enlarge its sphere of jurisdiction, at the
expence of the other, there is an ultimate appeal to the sentiments
and fanftion of the people, who are their common condiments,
their common superior, and their common umpire. This res
ponsibility to, and dependence on the people, may not only be
deemed an effectual guard against the dangerous and improper ex
ercise of the legiflativetrufls, but as a fufficient controul, to prevent
undue encroachments on each other's authorities.
sth. Because, from the relative situation and circumftarices of
the federal and state governments, with refpeft to weight and in
fluence, there is too much reason to apprehend danger, from the
encroachments of the latter, on the acknowledged rights and con
{litutional powers of the former. The federal government, in its
infancy, encountered many difficulties, arising principally from
the ftrongrer attachments and predilection of influential charac
ters to their Hate anthorities. But its operations have been so in
strumental in meliorating the situation of the country, aggrandiz
ing it? interests, and rendering the people happy, that many of its
warmed enemies in this and other States, hare abandoned their
former propensities, and become its firm friends and supporters.
But there is still much to apprehend from an undue interference
of the state legislatures on the proceedings of Congress ; a disposi
tion to which, arises out of the qualities inherent in, and attached
to, all public bodies, but which will be much matured, from a
precedent being established, by so powerful a state as Pennsylvania
—and ftiould other states follow the example, of transmitting to
their delegates in Congress, legislative refolytions, on the various
matters that may be depending in that body, there is too much
reason to believe they would have an improper bias on the minds
of the members, who might pay too great a deference to opinions
fanftioned by such high and refpeftable authority ; this would
tend to disarm the federal government ot its power, and reduce it
to a slavish dependence on the state legislatures.
It would give rife to a legislative warfare betwixt the federal
and municipal governments, and instead of a system of legislation
that should be founded on a spirit of mutual conceflion and ac
commodation, which connects by ties of sympathy the various
interests of the union, it would flow from the discordant and dif
tinft views and wifhe? of the separate members of the . confede
racy.
6th. Because in the interference of the House of R<?pref ntatives.
there exists such a palpable inconfiftencv of conduct and dere
liction of principle ; for whilst they express the mod fearful ap
prehension of an attack on the liberties of the people, from the
operation of an excise bill, now depending before Congress, their
patriotifrn has not extended so far, as to propose the repeal of an
ast of this State of a similar nature, but wh ch involves powers
far more obnoxious and oppi eflive to the people, than those which
are in the contemplation of the ast of Congress.
The people have for a long series of years, submitted to this spe
cies of taxation, without murmur or complaint, and gave a pre
ference to it at a time when the fifcal administration was not pref
ftd for revenue. We have too much refpett for the house to har
bour a wifti of tainting their resolutions by a suspicion of infidu
ousdefign; the fame confidcration induces us to regard their
conduct in this instance, with very serious concern.
7th. Because it is well known that government, in a great mea
sure is founded on, and supported by. public opinion ; it there
fore becomes necelTary, for those who are favorably inclined to
the federal government, to cherish every sentiment, propitious to
its existence : but these resolutions, cloathed in the garb of legis
lative suspicion and distrust, mult have a strong tendency, to en
list on the fide of oppofuion to federal authority, lome of the moll
popular prejudices ; and thereby to diffufe among the people, a
want of confidence in the wisdom and purity of the federal
councils; the feeds of dilTention and jealousy being once sown
(without timely care and precaution to prevent it) they will in
sensibly ripen into a harvest of difafFettion.
Bth. Because, as the federal government is intended as a bond
of union, to cement the States together by a tie of general interest,
and a general fvftem of legislation, equally operative on every
member of the confederacy, it is neccflarv that the fulleft con'-
derce should be evinced of a general disposition to acquiesce io
the afls of federal legislature; the Stale governments, like the ra
dius of a circle,have a common centre in the federal government :
,he further they individually depart from it, the more they ret
necfively recede Irom each othe-, and the further they remove
from the influence of that authority, which can alone prevent the
dreaded disunion of the subordinate parts. Now ll one Slate in
terferes in the proceedings of the federal government, 11 not only
b ct ra>s an indiipofition to comply with the result ot the federal
arrangements, but induces an ide.i of the exertion of an undup
influence; which mud necedarilv inflame the prejudices ot the
djfaff fled, and create alarms »nd jealousies n the other States of I
the union. , , . _ ...
qth. Bccaufe, the people of this State, in ratifying the federal
constitution, made a solemn compact with the peopleof the other
Sates to veil certain Ipecific, and defined powers, iri the fedetal
government, tor thecommon good of the union.
Whilst the government ot the United States, confines itfelf with
in conftituiional hounds it is incompatible with the duties arifan j
out ot its engagements, for a State legislature, to interfere by
legislative resolutions, in opposing the exeicife of their powers ;
for however anxious a State may be to disengage itfelf from its fe
de-al obligation, yet it cannot effect it, without the confcnt of the
other States, which are joint parties to the contrafl.
Under the influence of the ideas exprefled in the foregoing ob
servations, and as friends to the conftituiional and acknowledged
rights of the federal and State governments, we feel ourWves cat
led u; on foltnmly to enter o«r reasons ot difieut, against so fatal
a precedent, as that eltablithed by the resolutions of the House of
Reprefent.itives, and to deprecate the pernicious consequences
that may arif.- therefrom. WILLIAM BINGHAM,
JAMES COLLINS,
JONATHAN ROBERTS,
HENRY TYSON,
]OHN CHAPMAN,
WILLIAM M'PHERSON,
BENJAMIN MARKLEY,
THOMAS LILLY,
JOHN STEWART,
RICHARD DOWNING,
DANIEL CLYMER.
This day is publijltcd,
By C arey, Stewart, and Co.
No. 22, in Fhont-St ieei,
The American Museum,
For JANUARY, 1791-
CON TENTS.
ORIGINAL ARTICLES.
PROSE.
METEOROLOGICAL obfeivations, made in Philadelphia,
December 1790
Observations on the weather and diseases in do.
Exports from Baltimore, from Oft. 1, 1789, toOft. 1,1790
P:an of a Ruflia voyage
Number of fouls in the territory of the united states, north weft
of the river Ohio, in 1790
" I have seen—and I have not seen." By the late gov. Livingfton
Series of letters from a gentleman to his friend
Observations 00 gaming
Sketch of the nature and causes of diseases—explained upon lcien
tific principles
SELECTED ARTICLES
Letter from general Varnum to his lady—written a few days be-
fore his death
Progress to bankruptcy of an honed tradefmar.
Cursory thoughts on duelling
£xtrafts from the introdu6lory le&ure of the hon. James Wilson
efq. L. L. D.
Anecdote of Thomas Paine
Anecdote of an American, at a theatre in London
Bon mot, refpe&ing the king's evil
Bon mot, refpe&ing a musical performer
Some account of the shape, manners and customs of the Hottentots
Calamitous events entertaining to the mind. By the rev. Joseph
Lathrop
EfTay on appearing what we neither are, nor wish to be
Curio, a chara&er. By miss Bowdler
EfTay on the influence of religion in civil society. By the rev.
Thomas Reefe, A.M. pastor of the presbyterian church at
Salem (S. C.)
Revolutions of Englifti literature. Tranfhted from the Italian
Curious particulars discovered by the microscope
On the improvement of worn-out land. By Richard Peters, esq.
Expcnfe, culture, and profit of half an acre of hemp. By rnr.
Curvcn
Expense and product of an acre of hops
Mode of destroying canker-worms, and of preventing the blading
of grain. By John Cufhing
Precautions against fire
Mode of purifying tallow, to make candles
A lingular accident
Method of tempering edge-tools, of too brittle a quality
Method of checking the too tree pcrfpiration of the hands
Lift of the moll material articles exported from'the state of New-
York, in July, Auguft,and September, 1790
Arrivals at the port of New-York, from January 1, 1790, to Ja.
nuary 1, 1791
Lift of the sea-vessels, which arrived in the port of Philadelphia,
from January 1, to January 1, 1791
Account of the patients in the Philadelphia dispensary, from De
cember 1, 1 789, to December 1,1790
Bill of moitality, tor the town of Salem, for the year 1790
Extra&s from the ccnfus of the inhabitants of MalTachufetts
Census of the inhabitants of the state of New-York
Census of the 'nhabitauts of the city and county of New-York
Statement of the tonnage of veflels, entered in the united states,
from O&ober 1, 1789, tp September 30, 1790 Jf
Obfcivations on the artifices of animals. From Smellie's philo
sophy of natural history
The negro equalled by few Europeans. Translated from the French
Anecdote
Charter of Rhode-Island.
Verses, addressed to the trustees of the college and academy o!
Philadelphia. By the rev. Nathaniel Evans
The hermit's vision. By the rev. Thomas Penrofe
Inftru&ions to a porter. By mr. Bedingfield
Verses on the new year
Hymn, written for Sunday-schools.
The nest
Invitation to the country. By Lefbia
triendlhip. By the rev. Thomas Penrofe
Home—?.n extempore effufion
Song, written in Maryland, during the late war.
Philadelphia, Feb. 1, 1791
Wanted a Ground Rent, of
15 or 20J. pr. annum, wellfecu'red, Enquire of
732
PROSE
POET R Y
By William Hayley, esq.
Jos 1 ah Hewes,
Law#. ance Seckel, J
Ow en Jones, jun'r.
MASSACHUSETTS STATE LOTTERV.
THE Managrrs as the STATE LO T i ERY, present the Public
with the Firt! C'afs of the Majfachufttts fcmi-annual State Lot
tcry, which will coinmencedrawuigin the RcpreJcntctneVLhamLer.
in Button, on the Seventeenth of March next, or fooncr, it the
Tickets (hall be disposed of.
SCHEME>
NOT TWO BLANKS TO A PRIZE.
25,000 Tickets, at Five Dollars each, are
125,000 Dollars, to be paid in the,following Prizes, lupj. ft io 4
<ledudion ot twelve andan half per cuit. lor the ule of the Com.
raonwealth.
Prizes.
1 of
2
3
6
10
3°
80
90
100
120
161
2 00
7565
8388 Prizes.
.1661 a Blanks.
25.000.
TICKETS may be had of the several Managers, who wil
Ipay the Prizes on demand—of the TREASURER of the Common
wealth—of WHITE, at his Book-Store, Franklin's-Head
Court-Street, and at other places as usual,
BENJAMIN AUSTIN, jun. *|
DAVID COBB, 1
SAMUEL COOPER, ). Managers.
GEORGE R. MINOT, '
JOHN KNRELAND, j
Boflon. July 28. 8790.
'pf* Tickets in the above Lottery are to' tefo'd ly Stephen Auffirt,
corner of Front and Pin: Streets, Philadelphu.
PLEASE TO NOTICE
tCy FOR the-accommodation of those who mould
tiiijh to be,come Adventurers in the Firjl Class of the
IWAssACHUSETTsSbM i-ANNUAL ST atp Lottery,
letters, port paid, direCted to Samuel Cooper, at
his Office, North fide State-House, Boston, enclaftng
Philadelphia, New-York or Boston Bank-Billy, or
other good Bills, will he particularly attended to, and
Tickets forwarded immediately upon the receipt of
fitch letters.
Boston, Dec. 22, 1790.
N. B. A Lift of Prizes will he deposited with the
Printer hereof, immediately ester the drawing is
compleated. 71 iaw tf
The Managers of the STATE LOTTERY assure the
public, that the fir Clefs of the Semi-anuual Lottery will pofitive
lv eommeiice drawing on the day appointed, viz. the 17th of
March next. As the Managers have in their fevernl Monthly Lot
teries commtnCrd drawing at the h<iur assigned, £0 they are deter
mined to be equally as punctual in this. Jan. 95.
New Line of Stages.
THE Subscriber has eftabliflicd a line of STAGES from Hart
ford to Bonon, by way of Norwich and Providence, which
will run thro twice a week during the Winter Season, and three
times a week during the Summer Season.
Carriages, Horses, and careful Drivers are provided.
Pafl'engers pay three Pence per Mile, and are allowed 14 pound
Baggage each. Extra Baggage pays at the rate of three Pence
per Mile lor every 150 wt. As the Mail is to go in these Stage's
for the year 1791, fixed hou-rs for darting from the refpeftive Stage
Houses is abfoiutely necefrary—from which there can be no devia-
tion,
The Stage for the Eallward leaves
Hartford Mondays and Thursdays,
Norwich Tuefdavs and Fridays,
Providence- Wednefdavs and Saturdays,
For the Weft ward, leaves Boston Mondays and Thursdays,
Providence Tuesdays and Fridays,
Norwich Wednesdays and Saturdavs.
J E S S E BROWN.
—lwgm
The seat of the late governor
L ItV 1 N G S T 0 N,
lunate about a mile from Elizabeth-Town, on the public road to
Morris Town. The farm contain;, between 90 and 100 acres of
land, 15 or 20 acres of which are wood land ; there is also apper
taining to the said farm about 19 acres of fait meadow. Particular
attention having been paid to the cultivation of fruit ; there is on
the farm a very large collection of various kinds of the choicest
fruit trees, See. in full bearing; the house is large 1 , convenient,
well built and 'in very good repair*.
Enquire of the Printer, for further particulars.
Neiu-York, Jan. 1791.
Forty Dollars Reward.
LOST by theSubfcribcr, on the 12th day of January 1791, be
tween Penollopon and Freehold, in the county of Monmouth,
and State of New-Jersey, the following Certificates, illued by the
said State, to sundry Soldier l , for the three-fourth parts of the de
preciation of theit*pay ; all of which are signed by John Sievcns,
jun. Treasurer, and counteriigned by James Ewlhg, Auditor, viz.
No. Dated, Payable to Amount.
323 June 26, 1781, Powel Alston, £.60 8 9
399 January 27, do. Jacob Long, 30 16 10J
593 June 29, do. Oliver Cromwell, 60 8 9
664 June 30, do. James Kinfey, ,57 12 6
740 July 2, do. George Long, 5 4 4;?
869 july 4, do. Ananias Clark, 312 aj
938 J lily 30, do. Samuel Dotey, 13.5 7
1060 March 20, 1782, Kphraim Patten, 31 13 9
1128 August 8, do. James Coulfton, 30 7 i°\i
11 33 August 8, do. Moses Thompson, 150 5
123° January 27, 1783, Asa Gilderfleaves, 63 7 5Z
1237 Aprilg, do. Michael Lane, 61 1.6 ioj
841 July 4, 1781, James Clark, 417 'i°k
Any perfoti who may have found the fold Certificates, and will
return them to the living at Penollopon aforelaid, (hall re
ceive the above reward ; and in proportion for any part of them
which may be returned.
All persons are hereby cautioned against purcbafmg any of the
above Certificates, as payment is stopped at the public offices.
If any of them fhouid be offered for Calf, the peiTon to whom they
are offered is requeftcd to flop the fame, and give notice thereof
to their humble fervanti ' KENNETH HANKINSON.
Monmouth County, Ncz» - JerJey, Jan. 15, 1 791.
Dollars.
10000 is,
3000 are
2 coo
1000
s°°
aop
100
53
4°
20
10
8
Norwich, Dec. 14, 1790.
TO BE SOLD,
$oUa.Ts n
ICftOO
-1
6-o»
5?°3
4S°°
4 en,
3&9<?
■ sflW
6(h8»
125000
80 3m