Gazette of the United-States. (New-York [N.Y.]) 1789-1793, June 20, 1792, Page 22, Image 2

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    Inch a law as is now fuppoftd necefTary. If the
refinance be finall (said a member from North-
Carolina) the magiitrates will be competent to
the business—is great, it would not be prudent
to attempt to cruih it. It is not to
make Jaws merely because the constitution au
thorizes a dangeroir. power.
Mr. Murray laid he was opposed to the last
notion, a» well as to that from the gentleman
from New-York. lie offered several remarks
to fh;w the necefiity of providing for an ener
getic execution of the laws, while at the fame
time he was fully imprefled with the importance
of having the power defined and guarded as
much as polUbie. He adverted to the Britilh
government, where a prompt and energetic ex
ecution of the law is considered of the firft im
portance, while at the fame time the military is
never called in but in the last extremity.—He
gave a short account of the proceedings of that
government in the infurre&icn railed in the ci
ty of London, by Lord George Gordon, &:c.
Mr. Clark was in favor «f striking out—lie
said the motion from the gentleman of New-
York went to call forth the military in tale of'
tiny opposition to the excise law —Co that if an
old woman was to strike an excise officer with
a broomstick, forfooth the military is to be cal
led out to fuppref'. an infurrc&ion.—The go
vernment lie obierved was in its infancy—and
lie saw no neceff.ty for fuppoling that the peo
ple would at tills early oppose the laws.
Mr. Benfon rose to explain—he said his ideas
were he had no such designs as
were imputed to him—his wilh was to provide
in the fnnpleft and belt manner for the object
contemplated in the bill.
Mr. Gerry said he was opposed to striking out
the section, but (till was not pleased with it al
together—and moved an amendment.
Mr. Mercer said he had not heard any pro
portion which pleased him—"ie liked the feclion
as it stood better than any of them, but thought
that required some efTential alteration or addi
tion; he had no idea that this government was
to depend on the several State governments for
carrying its laws into execution. He then ad
verted to the two different powers in a commu
nity, the civil and military—the firft is a deli
berative power, the other cannot deliberate—
and therefore in no free country can the lat.ter
be called forth, nor martial law preclaimed but
under great reftriftions. He observed that the
general government had refpe<st to the persons
of the citizens of the several States, and not to
the government of those States; on this prin
ciple the marshals of the several States have a
power to call forth the pojj'c comitatus—and addi
tional marshals should be appointed, and only
in the last extremity they may call forth the
military power ; he was in favor on the whole
of retaining the fettion, and concluded by read
ing a clause which he propolcd ihould be insert
ed as an additional fe&ion.
Mr. Seney was in favor of retaining the
clause, but he thought it ought to be qualified
by foine explanatory article.
(to be continued.)
FOREIGN INTELLIGENCE.
MADRID, March 28
THE Queen was delivered this day
of a son, which has been bap
tized by the name of Don Philip :
all the foreign Ministers, the Nuncio
not excepted, were acquainted with
the event too late to be present at the
ceremony, which was over before
they came.
PARIS, ApiH to,
NA TIONAL ASSEMBL T, April 14,
NEGOCIATIONS with AUSTRIA
All the ministers having entered
the Mali—M. Duniourier then read
the dispatches which he had sent to
Vienna, and the answer which he
had that night received by an extra
ordinary courier.
The minister, in his letter, takes a
view of the different motives which
might influence foreign powers to
arm against France. Could the af
fairs of the Princes who laid claims
to Alface,&c. be afTigued'as a motive ?
It was proposed to adjuftit amicably,
and this therefore could only be the
pretext, and by no means the real
cause. Cotild it be to support the
cause of the emigrants ?—The kin«
had declared against: them : it was
the king who wished to maintain the
new government. Was it the Clubs
who had formed, or the pamphlets
which had been publiflied ? In that
cafe, other powers might have lon<r
fincc undertaken a cruf.de again If
England.
M. de Noail'es, the French ambas
sador at Vienna, observed in his let
ter to the niinifler, that the yontio
king was eager for war ; that he
hiiiili.lt had experienced so manv
mortifications, that he thought it un
iiecefTary to present the above dis
patch. He complained of the im
peachment of M. de Leflart, the late
liiinifter for foreign affairs, and de
sired leave to resign.
M. Dumourier then read a cop)' of
another dispatch to Francis, which
concluded with stating, That iinlefs
the King of the French received a
categorical answer, he mnft consider
himfelf as at war wiih the King of
Hungary ; and that if the armaments
in the neighbourhood of France were
coininued, it would beimpoUible to
restrain the resentment of an offend
ed nation. The miniller added, thai
the King had written with hia own
hand to his nephew, to remind him,
for the lait time, that on his decision
for peace or war muit depend the
peace of Europe, and the fame of his
own dates ; and to recjneft him, in
the name ot glory and humanity,not
lo plunge into an unjuit war. " I
have," laid his majesty, " freely ac
cepted the conftitutioil. I havefworji
with the nation, whose Hereditary
Representative I am, to live free or
die. M. de Mault, my AmbaiTador
Extraordinary, will explain my sen
timents more at large."
M. de Noailles's refilling to com
municate the difpatchts tranfinitted
ro him, being considered as a breach
of trust ; a decree of accusation was
pafied against hinu
APRIL 15
Before the minutes of Saturday
were read over and finally fettled,
the minister for foreign affairs in
formed the National Aflembly that
he had received a letter from M. de
Noailles, flaring, that he had obeyed
the King's orders, in delivering the
dispatches transmitted to him to the
King of Hungary.
This brought on a debate on the 5
propriety of revoking the decree of
accusation again ft M. ,le Noailles,
which, after a reference to the Di
plomatic Committee, was adjourned
tor further consideration.
APRIL 20
Decree declaring -war againfi the King
" rr i r> r
• rr ° °
oj hungary and Bohemia
The National Aflembly deliberat
ing on the formal proportion of the
King, considering that the Court of
Vienna, in contempt of treaties, has
continued to grant an open protecti
on to French rebels ; that it has ex
cited and formed a concert wiih se
veral powers of Europe against the
independence and security of the
French nation:
That t rancis I. King of Hungary
and Bohemia, has, by his notes of
the 18111 of March and 7th of April
latf, refufecl to renounce this concert :
That notwithflanding the propofi
lion made to him by the note of the
111 hof March, 1792, to reduce, on
both fides, to a peace establishment
the troops on the frontiers, he has
continued and increased the hoflile
preparations :
That he has formally infringed the
[sovereignty of the French nation, by
declaring that he would support the
pretentions of the German Princes,
pofTeflionaries in France, to whom
the French nation have continued to
offer indemnifications :
That he has attempted to divide
the French citizens, and to arm them
against one another, by holding out
support to the malcontents in the con
cert of powers ; considering, in fine,
that the refufal of an answer to the
last dispatches of the King of the
French, leaves no longer any hope
to obtain, by means of amicable ne«o
ciation, the redrefii of these diffeiem
grievances, and amounts to a decla-
ration of war, it decrees that there
exists a cafe of urgency.
The National A(Tembly declares,
that the French nation, faithful to
the principles consecrated by the con
ftitntion, not to undertake any war
with the view of making conquests,
and never to employ its force against
the liberty of any people, only take
up arms in defence of their liberty
and their independence ; that the
war, into which they are compelled
to enter, is not a war of nation against
nation, but the just defence of a free
people against the unjust oppreflion
of a monarch: that the French will
never confound their brothers with
real enemies ; that they will neglect
nothing to foften the rigours of war ;
to preserve their property, and pre
vent it from sustaining any injury
and to bring down upon theheadsof
those alone, who league themfelve*
against Liberty, all the evils iisfepa
raU'e from war.
Xhu* it adopts all ibofe foreigners
who, abjuring the cause of its ene
mies, fiiaii join its standard and co> -
fecrare their efforts in the defence of
freedom ; that it will even favour,
22
by all means in its power, their efla
blifliinent in France.
Deliberating 011 the formal propo
sitions of the King, and after having
decreed the cafe of urgency, decrees
war againlt the King of Hungary and
Bohemia.
THE KING'S ANSWER
" 1 (hall take the decree of the
National Afiembly into deep consi
deration. It involves the molt im
portant interelts of the nation."
Next day the Minilter of Juflice
informed the Assembly that the King
had faniftioned the Decree.
LONDON,
KING OF SWEDEN.
The prayer prescribed by the Coun
cil of the regency of Sweden, to be
tead for his Swedish MajeHy, in all
the churches of that kingdom
" O God, be propitious 10 thy peo
ple, and forfake us not when we pros
trate onrfelves before thee. Our
King, solemnly acknowledged by a
people, whole gratitude lie desires,
and has preferred ; who was protect
ed by the fafety which the religion
of a country giants toils Chief-—this
very king, for whom we have so of
ten befeeched ihy grace and blefling,
and have been heard by thee ; this
gracious King has been wounded by
the (hot cf a traitor, fuffers the moit
excruciating pains, and is in danger
to lose a life, the objedt of our love
and thy protection- Extricated from
the danger of war by thy aid,
where a thousand deaths encouipalled
him—peace maker among a divided
people, and now in the bosom of the
tranquility which he hiinfelf procu
red to the public welfare—it is the
lot of this great King to be wounded
by a murderous (hot, fired off to be
reave hiin of life and happiness, in
the metropolis, in his cattle, under
the fafe guard of the laws and socie
ty. —But the King lives, and only
through thee, OGod, he lives. This
melts our hearts in gratitude. We
may entertain hopes of the recovery
and health of the King, if thou, O
God, heareft our prayers and solici
tations in the time of need. O God,
mitigate the fufferings of the King,
help him, strengthen his fortitude,
give him life, health and thy blefling
for many years to come, to the com
fort of his worthy fpoul'e, whose se
paration from him could never take
place without numberless tears ; to
fiuifh the education and the example
of a Prince, who could never af'ceud
the Swedish Throne with a right
greater than that which he may ac
quire by paternal love from his peo
ple ; to the consolation of the Royal
Family, who bell forefee the conl'e-
I quences of an event so fatal to the
kmpire, and which nothing but thy
grace can avert. God, be merciful
to thy people, and forfake us not
while we call upon thee. If it be
possible, yet nothing is impolfible to
thee, we supplicate thee, O Loid, ne
ver to let the blood shed by an assas
sin come upon this country, where
theie is 110 man so bale, so hard, so
heathenish not to deielt and abhor
(his deed. God be with us, as with
our fathers. Forsake us not, with
draw not thy hand from us, for the
fake of Jesus Christ, thy Son, our
Lord, Amen."
The present diflnrbances in Swe
den cannot be ascribed to the influ
ence of liberty fentimfnts ; it is the
struggles of one tyranny against ano
ther. The nobles formerly exircifed
an unlimited oppreifive power, which
was overturned by the present King,
who took it into his own hands ; and
although the finances of the country
had been invoked by his schemes of
ambition, to which he was (limulated
by the old French government, yet
i he people nave enjoyed more privi
leges under him, and therefore pre
fer his despotism to that ofthfc no
bles.
A severe inquiry is on foot concern
it'g ihe accomplices of the aflaflin
Ankeiitroin ; but a degree of commo
tion in Stockholm rendeis it uncer
tain whether the prcfent Government
of Sweden may not yieid to a return
of tile former influence of the Order
of the Nobles and Gentry.
We cannot observe without regret
and indignation, the efforts of certain
> efllefs, turbulent, and fanatical fpi
its, who seek for employment and
distinction to themselves in confu(ioi)
and turmoil to their country, a- i
we hope that there will not be a i y
rapid or great increase, in number 0 ,
consequence, to thole perfong who
have had several meetings, and, we
underitand, regularly meet together
under the name of Friends to a Con
stitutional reform.—There is nothing
in the present situation of our
bouring kingdom, France, thatouHic
to encourage innovation and revolu
tion in this country.
Extrafl oj a letter fro,,, Madrid,
Murc'n 29.
" M. Garcioqui who replaced M,
de Lerena ad iuieriin, has been defi
nitively appointed miniller of finan
ces. The King has reserved to him
fclf the nomination of the governor
of the council of finances, and that
of the fiiperiiuendant general of (he
revenue. 1 hel'e polls were formerly
held by the fame person.
Count d Arsnda has withdrawn
the Royal edidt ofthe 2cth of July,re
quiring an oath from Grangers. This
edict, though explained and frequent
ly commented upon by itsau hor.M.de
Morida Blanca, dill contained verv
great inconveniences, served as a pre
text for vexations of every kind, and
greatly checked the freedom of trade.
April 13.
" The place of counsellor of the
Council of War, vacant by the death
of M. d'Hcredia, has been conferred
on Don Michell d'Ottamendi, who
presides at the head of the office for
Foreign Affairs, and will be succeed
ed by Don Dominique d'Yriarte, Se
cretary to the Embaflfy at Paris."
Tlie la'l accounts from this new co
lony are of a dreadful nature. The
whole settlement were put upon (hurt
allowance, on account of the extreme
scarcity of provisions—and the crops
raising at Fort Jackson were of the
mod unfavorable kind—themollpro
mifing not likely to yield three bush
els for onelown ; and, in many parts,
even the (eed was not expedted to be
returned. Norfolk Jfland did not
produce corn enough for its own in
habitants. In short, the profpetl of
the whole settlement was deplorable
in the extreme.
In confequeiice of tliefe accounts,
orders are fuid to liave been fcnt to
Portfmoiuh, that the ftiips destined
for that place 111 mi Id be detained.
The intelligence of the death of
the King of Sweden produced, as
might be expected, the most lively
effect upon the French Princes. M.
de Conde was very much afFetfted ;
the grief of M. de Artois was so great
hat for fume time he was unable to
suppress his tears. This Prince, and
his brother Monsieur are at present
examining the ftaie of the French
cantonments. The Marquis de Bro
glio had traced the plan of a camp
between Luxembourg and Treves;
but it is probable the declaration of
war will put a flop to this encamp-
ment
THF. KING OF SWEDEN'S WILLS.
Supplement of the fir ft of June, 1 789,
to the will made by the King in
1 780.
Article I. We confirm his Royal
Highness the Duke C harles in the
gurrdianlhip and regency, with the
exceptions ; all of which being men
tioned in our will of 1780, and in
this ast of Ift June 1789, and pre-
Icribed to his Royal Highness :
1. Not ro create, convocate, and
nominate, any CounfellorsofllieEm-
pi re.
2. We forbid his Royal Higbnefi
to convocate the States ofthe Empire,
on accountof theaftual machinations.
3. Nor to change nor dismiss the
persons which attend our son, with
out special order given by our hand.
11. This article concerns the oath
his Royal Highness is to take.
111. This article is relative to the
Governor and Tutor of the young
King.
IV. In this articlethe Puke Charles
is requefled to look out for a conf»rt
for the Young King, when fcventeen
years old, and to accelerate the mar
riage. She mull be of Royal or
princely Mood. Mention is made a
f'refh of (he reservation, that the
young King, when wronged during
his minority, may claim it afterwards
again, and every thing done without
his co 11 Pent fiiall be deemed void.
Was signed, GUSTAV.
&tockho!:n, June ift, 1759.
NEW SOUTH WALES
A PRI L 27,