PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. C 9, HIGH-STREET, BETWEEN SECOND AND THIRD STREETS, PHlLA^Tphia"
[No. 57, of Vol. lII.]
FROM THE NEW-YORK JOURNAL, &c.
To the Gentlemen ej the GrarJ Jury of the County nf ABBEVILLE in
Ike State of Sou th-Caro l i n a.
A PRESENTMENT from your body t» one of the judical courts
of your State, has been published in several Gazettes in the
United States. As it applies solely to a national law, it is a pro
per object of decent com ment for any of your fellow citizens ;
and it cannot be doubted that you will be ready to hear any thing,
which can prove you are honestly mifhkcn in a matter which ts
deemed of so much importance to liberty, and which is also of
conlequence to the cridit of our common country abroad, and a;
home.
You fay the cxcife ast is a grievance of the highest nature. This
is (Irong language, brethren, and llronger, it is believed, than you
will find the fa£ls to support. If this law had been pafled with
out competent powers in Congress, aud to carry on an ambitious war,
it would surely have been a grievance of a higher nature. This is
no play on words, for grand juries are sober and important bodies
of men, have the mod serious duties to perform—(hould " enquire
diligently, and make true presentment." They (hould not mis
name man-daughter and call it muider, nor (hould they call b)
either of those criminal names, the lawful aflions of an individual,
much less of a government, though those actions should unhappily
end in death. It is never well in discharge of public duties to let
expressions go forth, which, by irritating, may produce lament
able evils. The more freedom is used with you, brethren, on
this point, because it is supposed the language of freedom will not
be oitenfive to you, and because you have (hewn all necessary mo
deration and reason in the conclusion of your presentment, by re
commendinga conftiiutional and lawfulapplication, through your
fenatois and representatives, for an alteration of the law.
You fay also, that all excifcs arc incompatible with liberty,
which history, you observe, will fully (hew. This is certainly a
miflake, lor the history of every nation that ever contra&ed debts,
and formed a fyftein to discharge those di bis (hews that they have
uniformly had recourse to them. The American provinces had
excises laid by their own legidatures, the popular branches of
which were freely chosen by the people—yet nobody ever thought,
or said, the provincial legidatures enslaved their conllituents. On
the contrary, it is well known they were conltantly engaged 111
druggies, against the crown, in favor of the people. The State of
Pennsylvania, which had only one popular house, for many years,
and no negative in the execuiive, had an excise through half this
century—The amount of it being eight pence, their money, per
gallon, was as near as poflible to nine cents, which is the rate of
country fpirils, per gallon, under the a£l of Congress, unless the
diftill: r, living in the country, chufes to pay sixty cents per an
num, for each gallon his (I'll holds, for the right of (tilling as
much as he can through a year -Then the duly will be lower, if
there is any industry in working the Hill. Massachusetts, a free
State, with a well conllituted government, had an excife—Con
nefheut, with a legislature chofrn half yearly, had an excise ; and
Co of other American States. Britain and Holland, two of the
freeft countries in Europe, had an excise ; and Fiance, now freer
than cither of them, or any other country in Europe, has anexcile.
All taxes (including excise) are equally compatible with liberty, if
the legijlature iifreely and frequently chosen. How can the cxcife of
Congress be incompatible with liberty, if the people veiled them
with power to lay it, and can turn out every Congress man that
voted for it, if they really think it bell, and chufe others instead
of them. Freedom can never be endangered by a law, the repeal
of which, a bate majority can any moment effect.
You suppose the dwelling houfesoi the people liable to be entered
at all times, night orday, by ihe oiticers. In this, brethren, you
are mistaken ; and it is a very great millake, for the officers are
not authorised to go into the dwelling houses, in ihe night or day
either. They can go into liquor (lores, liquor cellars, and liquor
vaults, and distilleries marked as such, but that only in the day
trmc. So tender is the law, that though it (hall be made to appeal,
on oath to a judge or justice of the peace, that spirits are fraudu
lently hid in a dwelling house, to deprive the country of the duty,
the officer cannot go into even that house without a warrant under
the hand and seal of a judge or justice, nor without a conft,.ble or
peace officer with him, nor can he go at any time, but only by
day. 1 1
It IS said, again, by you, brethren, that the dnty will not bear
theexpenceof coining in some places. This, also, mult be a
nunake, for a land tax, or poll tax, in a thin fettled country, must
be more cxpenfive and troublesome. Ailments, Uvics, dis
traints, advf rtifementss, and sales ot property for those taxes, are
much more inconvenient.
It fcems probable, that you were mifinformed about many
parts of the law, especially the manner in which the duty is laid
on country stills. Jomc have thought the duty to be sixty cents
for every gallon that the still (hould make ; bui this is a great error.
No more is laid than sixty cents tor a whole year upon thequantity
that would fill t he still once, and if enough fpiiitslhould notbemade
to amount to that at nine ccnts per gallon, the owner may have
it deducted, by taking care to keep an account of what he makes
in the manner the law dircdls. More than nine cents on what is
made will, therefore, never be paid by those who take proper
care of their own business ; but less will be paid by all those who
arc so induftiious as to make more spirits than sixty cents, on the
measure or capacity ot the still. will come to. This will have an
effect very favorable to the planters and farmers, because industri
ous men, who will make a trade of distilling, will set up work-,
ant! making considerable profiti by this, and by distilling largely,'
will be able to buy larger parcels of grain at better prices, to
manufacture into spirits.
You complain, that the northern distillers will have the ad
vantage, but you will think otherwise when you have examined
this point. Spirits from molafles pays two cents per gallon more
than that from grairror fruit, which is above twenty-two percent,
or twenty-two pounds in the hundied. This is too clear and
plain to dwell upon. It would be to queftian your candor or
understanding to do more than mention the tact.
'»u appear to labor under the fame want of information, when
you complain about theexcife being too high in proportion to the
jmpoft «)i) foreig/t spirits. The loweit proof of foreign rum,
randy, See. is at twenty cents ; the lowest proof of country grain
or fru't spirits is at nine cents. The difference is prodigioufiy in
h°f 1,0 homc anf * ' s Plainly better for him to have
1 e ftnall du y on country m.-de spirits, feeing it is accompanied
with one so much greater on rival foreign spirits.
It is but right to remember how much the States are made free
• « he occafiori to lay taxes by the aflumption, which part of the
P u ',c a "d the defence of the western country, this duty is
appropriated to. If South-Carolina is averfc to the excise, she
Saturday, September 5, 1791.
ought not to avail herfelf of the opportunity of getting four mil
lions of her debt on the United States. The ineafure comes re
markably easy to your State, because little foreign rum is used on
the sea coast countie , on account of the small number of whites,
and great number of blacks : and in the western country the
h' ne made spirits are to pay only nine cents, which is less than
half the duty.
I am, gentlemen,
Your friend and humble servant,
A New-York Grand Jury Man.
J'ROM THE NORWICH PACKET.
Mr. Trumbuli.,
In a late paper of your's, there appeared a para
graph respecting a meeting of the Clergy at
New-Haven, on the ensuing Commencement.
Some have supposed that said publication 111 if
took and mifreprf fented the object of the pro
posed meeting ; you may explain the true ori
gin and design of the fame, by publishing the
following
Extra:! 1 jrovi the Minutes of the Genera! Assembly ef
the Prejbyterian Church in the United States,
" A GREEABLY to the appointment of the
General Afleinbly, lalt year, directing
Dr. Rodgers, and Dr. M'Whorter, to correspond
with the congregational churches in Connecticut,
in order to renew and flrengthen the bonds of
union between ihofe churches and the presbyte
rian church in America, Dr. M'Whorter reports
that some progress has been made in opening a
planof correfpondtnce with said churches. That
three modes of oorrefpondence are proposed for
consideration, viz. — ift. By letter from a com
mittee ot this body, with a committee of the <*e
neral aflociation of Connecticut. 2d. By reviv
ing a convention similar to one which fubfiited
between those bodies before the late war. 3d.
By fending delegates reciprocally from each bo
dy, who shall fit in their refpecftive meetings, to
answer the important purpose designed by this
correspond en ce.
, ni otion, resolved, That in order to carry
intoefFeft the proposed plan for a correspond
ence with the congregational churches in New-
England, a committee confiding of Dr. Witlier
fpoon, Dr. Rodgers, Dr. M'Whorter, Mr. Chap
man, Dr. Samuel S. Smith, Mr. Tenant and Mr.
Auflin, or any three of them, be, and they are
hereby appointed to meet at New-Haven on the
second Wednesday in September next, to confulr
with such minitters from the New-England
churches as may be there present, on the subject
in contemplation, and ro determine on such plan
of correfpondenceandintercourfe as fliall appear
eligible. And that the profpeiftof accomplishing
the desire of the General Aflbmbly in this ap
pointment may be the more favorable, Doctor
M'Whorter is hereby directed to write immedi
ately to Dr. Timothy Dwight, of Connecticut,
and inform him of this measure, requeuing him
at the fame time, to lay it before the General
Allocation of Connecticut, that they may be pre
paid! to meet at tile time above-mentioned, and
do what they may think expedient in this con
cern.
FROM THE COLUMBIAN CENTIXEL.
JUST COMPLAINTS ought to be heard and
REMEDY AFFORDED
\X7HAT compensation are the right worthy
* V citizens likely to receive, who not finding
it in their hearts to put any confidence in our
State or Continental Governments, never pur
chased any of their fecuriiies—and now, contra
ry to their belief, Publick Securities have risen
so amazingly as to make fortunes for fume com
mon folks—folks, we may fay, who never dream
ed of such a thing ?—We despise fpecularion ; —
if it had been right, we should have f:en through
it, and gotten twici as much by it, as anv of thel'e
moon-ftiine fortunes—lt's all delusion now, they
will go to ruin falter, ten times, than ever they
role, and our solid ellates will, ten chanccs to
one, be taxed yet, to (uppoi t these pretenders to
money—lt is impoflible there iliould be such a
golden fliower and we not catch ic—Thiy hug a
phantom, therefore, good people all don't wor
ry your gizzards about them—don't make wry
faces, nor look melancholy—Stocks fall already
— tksir faces are half as long as our's now let
'em alone, we'll measure with them by and by.
145
SKINFLINT & Co
Hkso
[Whole No. 245.]
W A R S A VV, May 15
different supreme tribunals have fern de
, . P ut ' es Co the King and the States, acknow
ledging their fidelity and fubmitiion to the new
conlliiution.
June if. The following articles have been
added to the New Coiittitution, and have receiv
ed the unanimous fantfion ofthe Diet of Poland.
Of the King, the Executive Power.
" No Government, though it were the mod
perfect that can be imagined, can subsist unless
the executive power be enabled to act with the
fulled energy.
[Would to Heaven that this principle, which
is incontrovertibly just and true, were every
where admitted ! Owing to the non-obfervaiice
of this indif'penfible axiom, the revival of liber
ty has become odious to all those who have Hill
a regard for social order.]
" Jult and equitable laws are the foundation
of national happiness.
All the good effects to be expected from
them, mutt depend on their having been vigor
ously executed.
" Experience has taught us, that to a want of
this executive energy, Poland owes all its mis
fortunes.
" For these reasons, after having insured li
berty to the Polish nation, and having made it
independent ; after having secured to it the
right of making laws, and of watching over the
executive authority, and also of chooling all pub
lic magistrates ; we entrull the King and his
Council (which shall hereafter be Ailed the Su
pei intending Council) with the Supreme execu
tion of the laws.
'[ executive power fliall be under a ftritft
obligation to superintend the execution of the
laws, and exemplarily to ,conform to them, k
(hall at't in all cases permitted by the law ; in all
such cases which require a fuperintendance, exe
cution, and even a coercive force. All Mapif
trates are bound to obey it implicitly ; and by it
they are liable to bepunifhed for neglect of duty
or disobedience.
" The executive power fliall neither make
laws, nor explain them. It (hall not impose tax
es, or levy contributions. It fliall not contract
public debts, nor make the lealt alteration in
the collection of the revenue. And finally, i c
fliall neither declare war nor make peace ; not
make any treaties with other powers. It fliall
only be enabled to have a temporary correspon
dence with foreign courts, so far as the fafery
and tranquily of the ftatc may require ; and for
this ir fliall be accountable to the following Le
gfflature." °
ROME, June 3.
The chagrin experienced by his Holiness, oc
casioned by the revolt of Avignon and the de
crees of the National AHembly of France relative
to the Clergy, is a little alleviated by learning
the progress of the Roman Catholic religion in
some of the provinces of North-America, and
chiefly in Acadia, Maryland, and part of Penn
sylvania. Charles Walmefly, Bifliop of Rama
has consecrated Mr. John Carroll, superior of the
foreign milfions, in quality of Bifliop of Balti
more, the Congress of Philadelphia having per
mitted the free exercise of the Roman Catholic
i eligion in the aforefaid provinces.
L E Y D E N, June 9.
The accounts from the empire are confirmed.
The Count d'Artois has been at Ulm, but is re
turned to Augfbourg. M. de Calonnc does not
mean to go there, for which reason the Prince
de Lambefc, and other emigrants of the old
French nobility, have quitted Manheim and Deux
Pouts, where they had aflfembled to wait the re
lult of the attempt on Huninguen, which itfeenis
has not answered their expetfation.
HAMBURGH, June ro.
The King of Sweden, who landed at Rostock
the 2 d inft. went the fame evening to LudwigC
t>urg to wait for his carriages. They arrived
the sth, and his Majesty remaining incognito, un
der the title of Count Haga, continued his jour
ney to Aix-la-Chapelle. The 6th in the evening
he arrived at lirnnfwick, where the Court was
very brilliant on the occasion.