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Gazette of the United-States. (New-York [N.Y.]) 1789-1793, February 23, 1793, Image 3

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tim< limited sot fetling the accounts between
the United States and the individual Hates.
Mr. Dayton in the chair.
A motion was made to strike out the firft fac
tion of the bill—This fe&ion gous to repeal the
second fe&ion of tke former a&, which makes
the state of Vermont a party to the accounts be
tween the United States and individual states. In
fkpport of the motion it was said that Vermont,
participating in all the advantages of the inde
pendence of the country, and being a member
of the union, is justly chargeable with its quota
of all the expences that have been incurred; that
as on the one hand, were (fye a creditor state, ftie
doubtless would come in for her proportion of
the balances which (hall appear to be <iue from
the United States to the creditor states; so on
the other, if (he is a debtor state, it is but rea*
fonablethat ftie (hould be liable to pay her pro
portion of those balances; a contrary principle,
it was said, willencreafe the burthens of other
states. It was further said, that in all the great
questions relative to the finances and accounts
of the United States, the voice of Vermont has
had its proportional influence; and (he is there
fore on every principle to be considered as a con
stituent part of the union, and liable to all the
disadvantages resulting from the tonqe&ion.
In oppofftion to the motion it was said that
Vermont as a government bore her proportion
of the expences and facrifices of the war. She
was a frontier state, & only barrier between the
United States and Canada. Her exertions during
the war were made by her citizens alone, with
out afliftance from the other states. That in con
sequence of the peculiar confufions which pre
vai'ed in that state, the accounts of her Services
and fuppiies were left in a very deranged fit»a
tion—-That though the former a& allowed
17, months for her to bring in her claims, yet it
is said the other states have had a much longer
ume. fhat though it (hould be concluded that
Vermont ought to beconfidered as a part of the
confederacy prior to her adoption of the federal
eonftitution, the time certainly ought to be ex
tended for her to bring in her accounts. But it
was urged th.tt (he could not be so considered;
and therefore is not a party to the accounts, pri
or to that period. Since (he came into the Uni
on under the new constitution, (he has borne,
and will continue to bear her proportion of the
burthens of the United States, and will be oblig
ed to pay her proportion of the balances which
shall be found due from the Union. In answer
to the reasoning from her being represented on
the floor of Congress, it was said that the repre
sentatives of that state are representatives of the
Union; they a& in a legislative capacity, and
not as a committee of accounts.
The motion for striking out the I ft fe&ionwas
negatived. Some further amendments were mo
ved but difagrred to. The bill was reported with
out amendment. IntheHoufe Mr. W. Smith
renewed the motion for striking out the ift sec
tion, and called for the ayes and noes, which
were—noes 39, ayes 17, as follow:
A
Mess. Barnwell,
Boudmot,
S. Bourne,
B- Bourn,
Clark,
Dayton,
Gerry,
Gilman,
Huger,
N
Mess. Aihe,
Ames,
Baldwin,
Benfon,
Fitzfimons,
Giles,
Goodhue,
Gregg,
©rove,
Hartley,
Heifter,
Hillhoufe,
Kitchell,
Learned,
JLawrance,
Lirermore,
Madison,
Macon,
Mercer
The bill was laid on the table till to-morrow.
A bill conformable to the report of a fried:
committee on the petition of James Warrington,
was read twice, and referred to a committee of
the whole House to-morrow.
In committee of* the whole on a bill for ex
empting from impost duties, ufeful beasts im
ported for breed—Mr. Murray in the chair.
The bill being read, it was moved to add af
ter the words ,l for breed"—or on rags.
Mr. Livermore obje&ed to this motion. He
Observed that the objeA of the bill is to encour
age the importation of stallions, bulls and boars,
for the purpose of improving the breed of ufeful
animals. These, he said, ought to (land alone;
he thought it would be a very odd aflociation to
conned them with rags. Besides, said he, I d 0
not conceive there is any neceflity for bringing in
the article, for when the rage of calling for in
formation js abated, there will be such a dimi
nution of the business of printing, that he doubt
ed.not afufficsent quantity of rags might be ob
tained in the country by the paper-makers.
Other obje&ions were made by several mem
bers, and the motion being put, was loft. The
bill was then reported without amendment.—
Some verbal amendments were made in the
House. The bill was then ordered to be en
groflcd.
Mr. Barnwell laid the following motion on
the table:
Refohred, that a committee be appointed to
bring in a bill for altering the allowance to the
cpUcdors of impost and tonnage, so far a3 that
po colledor (hall receive more than per
annum - Adjourned.
For the GAZETTE of the UfJIT£E> STATES,
SONG,
For the PRESIDENT'S Bikth-Day —>793-
rAIR in the Poor Soldier, u Tho' Lcixjlif) is proud
r F , HOUGH Envy and Malice thrir crcfts have
X ere&ed,
While Calumny fcattcrs theii fiiebrands
around,
I'll (ing Freedom'§ Fav'rite, so justly refpr&ed ;
Each Patriot's bosom will ccho the found !
He has oft coinpar'd with the fam'd
Alexander,
Whose prudence and valour led captive a
World !
But the Grecian rnuft yield to our nobler Com
mander,
Who Freedom's dread thunders at Tyranny
hurl'd.
Ju li us Caf.#A r is render'd immortal in story,
Who aim'd by new Conquejii his fame to in
crease;
Hut WASHINGTON'S virtues have gain'd that
true giorv
Which, radiant in War, glows still brighter
in Peace!
Charles, Lewis and Frederick, vainly
expeftcd
To build their Renown on the obsolete plan ;
But such Fabrics must tumble—because they're
erected
On the ruins of FREEDOM, that BIRTH
RIGHT of MAN!
111.
Fair COLUMBIA'S sous, by HER WASHING-
To rational Freedom a Temple have rear'd ;
Its Bajts* need only by D'fpots be dreaded —
By Freemen 'twill always be lov'd and rever'd !
Our Union (hould banish seditious discourses,
To prove that Good Order and Freedom agree ;
Then firm round THE PATRIOT let's rally
our forces.
And fnew all the World We defeivc to be free !
May our Federal Fabric, that wonder of Sages,
Cemented by Knowledge and Friendjhip sublime,
— Its beautv and firtnnefs increasing thro' ages—
Like WASHINGTON'S fame, be coeval
with Time! y ' 11
In all civic virtues THIS HERO furpafles;
Let's neVr from his tenets apostate be found
Toast " h?s health avd long life —to the brim
fill your glades—
Ye Winds, waft our wifties—ye Skies, catch
the found !
Philadelphia, 20th February, 179^
S.
liittera,
Lee,
W. Smith,
Sturges,
Sumpter,
Tucker,
Venable,
Willis 17
Philadelphia, Feb. 25.
Yellerday being the anniversary of the birth
day of the PRESIDENT of thfr United States,
the fame was observed with the usual demon
strations of joy and felicitation—Oil this aus
picious occasion the Prf.sidf.nt received visits
of congratulation from the members of both
Homes of Congress—the publicforeign Minis
ters —Heads of Departments—the Reverend
Clergy—Military Officers, and private Citi
zens.—Particulars will be more fully commu
nicated in our next.
S.
Moore,
Murray,
Niles,
Page,
Sthoonmaker,
Sedgwick,
I. Smith,
Steele,
Thatcher,
T readwell,
Wadfworth.
\yard,
White,
Williamfon,
Greenup,
Leonard,
Milledge,
Orr,
A letter from New-York of the 2lft inft.
fays, that an account is received by the Ship
Bn{iol, Capt. Macnamara, that, marvellous
as it might appear, yet it is not the less true,
that Spain has absolutely entered i.ito an al
liance with France.—The particulars not jet,
published.
Advice' from Europe by the Sriftol, arrived
at New-York, mention that Austria is making
the greatest preparations to continue the war
with France —That there is no profpeft of
peace—Kellerman is arrived in Savoy—and
Montefquiou in London. It does not appear
that any very interesting military event has
taken place.
Hindman, 39.
A decree has passed the Nrtiooal Conven
tion for banifting ail the members of the
Bourbon family, except the Ci-devant Duke
D'Orleans.
In the month of January, the School Com
mittee of the town ot tiofton, distributed twenty
one silver medals, with suitable inscriptions and
devices, to the most defcrvmg boys in the upper
dalles of the Free Schools in that town. These
medals are the amount of the annual income of
the Donation made by the late Dr. Franklin,
and were bestowed agreeably to hi* dirc&ion,
44 as honorary rewards for the encouragement of
scholarship in said free schools."
Extract of a Utter to a gentleman in this eity,Jroir
r- _ *t— --- - ---
li The year commenced in this part of the
globe y/ith profpefts that were unfavorable
to the Province. Some days frnce, a most
horrid plot was difcove ed (thro' the goodness
of divine Providence) which was to have been
executed by a part of the Prince's regiment.
They were to kill him, blow up the Maga
zine, and carry off the Military Chert towards
Boston. The Magazine contained 4000 bar
rels of powder; so that the crime would
have been increased by the deftfu&ion of the
whole city of Quebec, and perhaps not even
a person left to have told the horrid taJe.—
A general court-martial has been fitting for
some days, but they can do little, for want
of evidence. Twelve of the conspirators are
bound hand and foot.—l leave you to con
jecture the iflue."
Suvg at the Ball htji Evening.
of her clofc (hady Bowers."]
TON headed,
* Knowledge of " The Rights of Man." '
Canada, dated Jan. 31, 1793.
307
SUPRSIVTE COURT
OF THE
UNITED STATES.
dlezandtr Chijkolm, citizen of the
Jt&teof 6". and F.xecu- I
t**r 0} Rob en harquhar t deceuj- >
eti of the fme Jiatc> i>. f
The jtale of Georgia. J
This alt ion was instituted to August Term,
J79 2 - On the the MarftialJ for
the district of Georgia made the following re
turn : 44 Executed a&.within commanded,that
h to fay served a copy thereof on his excellen
cy Edward Telfair, Esq. Governor of the ftfete
ot Georgia, and one other copy to Thomas P.
CarnesjEfcj.the attorney general of said state."
Robert Forfyth, Marshall.
Upon which the attorney general of the
United States, as counsel tbr the plaintiff,
grounded the following motion made on the
nth of August, 1792. 44 That nnlefs the
state of Georgia (hall after reasonable previous
notice of this motion, cause an appearance to
be entered in behalf of the said state on the
fourth day of the next term or fliall thenftiew
cause to the contrary, judgment shall be en
tered against the said state and a writ of en
quiry of damages fliall be awarded."
But to avoid every appearance of precipi
tancy, and to give the state time todeliberate
on the measures she ought to adopt, on motion
of Mr. Randolph it was ordered by the eourt
that the consideration of this motion ftiould be
postponed to the present term. Accordingly
on Tuesday the sth inft. the attorney general
proceeded to discuss the interesting qneftion,
" whether a state could be sued by one or more
individuals of another state and in an ar
gument of about two hours and a half, ably
supported th» affirmative-fide of tlie queltion
—When Mr. Randolph had closed his speech,
the court after remarking on the importance
of the fubjeft now before them, and the ne
ceffitv of obtaining every poflible light on it,
exprefled a wifli to hear any gentleman of
the bar, who might be difpoled to take up the
gauntlet in opposition to the attorney general.
As 110 gentlemen however were so dilpofed,
tlie court held the matter under advisement
until Monday the 19th inft. when, in presence
of a numerous and refpeftable audience they
feverallv declared their opinion on the ques
tion that had been argued.
Judge Iredell was firft called on by the chief
jufticefor his opinion—ln an argument of
one hour and a quarter, he maintained the ne
gative of this question ; he considered the
states as so many separate independent sove
reignties. He relied much on the books of
Englilh jurisprudence in proof that no sove
reign could now be sued unless with confer,t
of the fame—He was aware that the states
had transferred certain prerogatives of their
sovereignty to the United State-,, but what>
ever tliey had not clearly transferred were
certainly retained—the right of commencing
a suit against the states he did not think clear
ly veiled in the government of the United
States, nor recognized by the judiciary law
palfed in pursuance of the article of the
constitution—Judge Iredell referred to many
authorities, and 011 a variety of grounds de
clared his opinion to be agaiuft the motion of
the attorney general
Judge Blair thought the question turned
wholly on the word'! and intention of the con
stitution, and of the judiciary law—he regard
ed the spirit but more particularly the plain
and.obvious meaning of the words in this light
—he was fatisfied that this court had cogni
zance of actions against states, at the suit of
individuals, and he thought the provifioi. in
the constitution wife, and promotive of the
general good of the people of the United
States—he was averse from the court a (Turn
ing powers which did not fully belong to it;
but he thought he ihould betray the ge
neral interests if he did not lend his aid in
support ofthe real jurifdi&ion of the court.
On the whol« he was clearly and decidedly
in favor of the motion of the attorney general.
Judge Wilson next took a very broad and
enlarged view of the question, which he tho't
would again resolve itfelf into a question of
no less magnitude than whether the people of
the United States formed a nation. He exa
mined the fubjeft by the great and general
principlts of law and jurifprudence,by the laws
and usages of nations, and by our own consti
tution and the judicial law of the United
States,. His argument was elegant, learned,
and contained principles and sentiments high
ly republican—!t occupied one hour, and con
cluded pointedly and unequivocally for the
motion of Mr. Randolph.
Judge Cufhing confined himfe'f to a narrow
compass, to the constitution and laws of the
United States; his argument was fiiort but so
lid and judicious. He saw no room for doubt
but fanftioned by his opinion that of his two
brethren who had immediately preceded him.
Chiefjuftice Jay delivered one of the most
clear, profound and elegant arguments per
haps ever given in a court of judicature; he
took a view of the United States previous to
the late revolution, when we were the fub
jefts "f a sovereign; after our independence
he considered the people as becoming indivi
dually so vereign. In this capacity they form
ed the present government; be then examined
the reafbns of adopting the present constitu
tion as expreflVd in the preamble to the fame;
he examined the distribution of powers which
they had made in this instrument, more par
ticularly those of the judiciary department,
among which he was clearly of opinion, was
that of compelling the of a state
in the supreme eourt of the United States,
even at the suit of an individual of another
state; he commented on the wisdom and found
policy of this arrangement, and concluded
in faror of the attorney general's motion in
the pre'ent cause.
February Term, 1793.
For the GAZETTE of the UNITED STATES.
To GEORGE WASHINGTON'.
ID
DECEIVE tbe gratulations of a heart
Unknown to fcrvile adulation's art;
A Heart that Virtue loves, and loving her,
Mud ever love thee, Vice'* Conqueror.
Tho' strong, yet gentle is thy generous mind.
And long confefs'd the friend ol all mankind;
Tho' great thy toils in war to set us free
From Britiih chains, and give us Liberty ;
Yet thro' some breaib such blood degenerate
flows,
Those who were brethren once, are now thy
While yet thy fame hut equal'd their's they grew
Impaflion'd with thy worth, and praises due
To thy great merit liberally bestowed,
Yet as we knew paid only what they owed.
But those who fee the subtle aits that dwell
In haughty fouls, that with ambition swell,
Know that in praising you, they gave to praise
What in themselves they tho't deferv'd the bays.
For while your fame assumes a bolder flight,
And rising, spreads around a stronger light,
(As when a blazing ball whirls high in air
Its sparks more bright and glorious appear)
By malice struck, they lift their scowling eyes,
And ft ill purfuc thee, but with envious cries.
Yet,WASHi ncton ! be firm,complete thy plan,
Undaunted, still remain the friend of man ;
For Wisdom speaks this truth, round Virtue's
gate
The howling whelps of Envy ever wait.
COMMUNICATIONS.
Peace ftould be the wish of every benevo
lent heart. War throws mankind bick in
their projjrefs <if improvement—.it ii
my to the happiness of the human rar/e. But
ifwarfliould spread in Europe, ar\d Gieat-
Britain engage in ir, it is happy for America
that we are at liberty to remain fit peace
Let others fight—peace and profperitv are
companions and fellow travellers. It be
hpves our government to ta'/e care that our
fiery spirits are kept in rjftraint—left the
raflinefs of individuals ihovild involve the na
tion.
Half the trouUes and altnoft all the quar
rels that vex human life tyring rather from
little ill humours that ought to be governed
and sweetened, than from any real adve-fity.
We make or mar our own hippinefs. This
being true, it only remains for those who
would breed dlfcontents among the people to
watch for little thing's—for flight events that
stir the fretful—that alarm the timid, or that
irritate the proud and envious. Thus by
negle&ing nothing, they may accomplish
every thing. But why lhould they do
this? it will be demanded—Arfvcr, to
get cbofen into Congrefn. Many indeed are
hunting finaller game. It is more proper to
fay, they are kept for their barking—and the
expedled reward is, to get the bones when
their masters shall lie seated at the table.
Mr. Fen no,
P leaje to publijk the following Impromptu, J*om
an Auditor oj Debates.
THE Secretary makes reports,
Whene'er the House command him ;
But, for their lives, some Members fay
They cannot understand him.
In such a puzzling cafe as this,
What can a mortal do ?
'Tis hard for one to find reports
And under {landings too.
The Senate of this state, on Tuesday last,
palled a resolution, for the appointment of a
Federal Senator, by joint vote of both houfqs.
The resolution will, no doubt, be concurred
in by the house of Representatives.
PRICE OF STOCKS.
6 per Cents, 18/2
3 per Cents, 10/3
Deferred, tl j 2
Full /hares Bank U. S. 13 per cent, prem
in the Insurance Company 75
PROPOSALS
For re-printing a new, entertaining and
inftru&ive Work, intitled,
the
Errors of Education.
BY Mas, XLIIA I* a lONS.
Injlability of mind impedes our road tori* fiction ;
and youth, if net animated by ex ample, to
illujlrate the precepts «/vi*tui, aill
ever Jail into ERROR.
The European edition of this work, printed
last year, fella at 12s. the two volumes, (and few
copies, ij any, to be had at that price This JirJi
American edition, -which fliall be well executed,
on an entire new type and fine paper, will be
delivered to fubferibers in one volume of about
420 pages i2mo. neatly bound, at a FrenckCroxv*
each, to be paid on receiving the book, which
will be put to press as soon as a fufficient num
ber of fubferiptions are obtained to defray the
expenfc of the undertaking.
ftT Subscriptions will be received at the Book/lores
oj Me firs. T. Dob [on, W. Young, J. Crukjhank, and
B. Johnson, and at Mr. Henry Karnmerei' /, No. 24,
North 7hird-Jlreet, Philadelphia \ by MeJf.R. Hodge,
S. tampbell, and T. Allen, Booljellers, New-York ;
by Mejfrs. Day & Co. Printers, Trenton ; by the
Subscriber, in Burlington ; and by others in whose
hands subscription papers are lodged.
Feb. >8, 1793. ISAAC NEALE.

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