'll't 1
t'ijhl
Kill
Governor Gerry s Speech
TO THE
J.r.GlSUTUE 9fJUSS,iClUSE'lT&
Ct
The? measures, which during the year
l;t pat Wfrc adopted by the Execu
lirecr.d legislative departments of this
ate. tnd which they were soloatousto
timpwith impartiality, moderation, and
fji.ice, appear to bate met the general
t pprebapan of the public ; and, in most
instances, to have allayed that unrelent
ing party spirit which, when indulged,
hasncver.failcd, on the ruins of liberty
to establish despotism. But a different
srsicm has been pursued by a few of our
tewns, and m particular by our metro
polis ; where of late, an assemblage"
of a majority of her electors, many of
them citizens whose talents, profession!,
property -nd influence hare placed them
iathcmVst respectable grades ofsoctety,
"and in hih offices of government, have
in the most deliberate manner, "unani.
rroiisly passed various resolntir.ns, too
important, in thrir nature and tendency,!
titioning the goTemmcnufbr a redress
d grievances ; or, in conformity to the
ccntituiion of this commonwtalth, 4rf
requesting, in an orderly ar.d peaceable
manner, the Legislative body by ad
dresses, petitions r remonstrances, to
retliess the wrongs done them, and the
yju varices they suffer," no rational ob
jrction could have b-en urged ajraln.t
tlem ; on the contrary their conduct, if
i I ad evt n rtsulted from mistaken zetl,
vt-utd have been justly applauded. But
their open avowal nf hostility to the go
vernment of the United States demands
tf us, in support of it, as a sacred official
duty, an ingenuous and efficient line of
conduct. t
The measures referred to were pre
dicted on assertions that our ancient
and respectable metropolis was the
tst to encourage commercial enter
pnxe That this was a great source
of our national prosperity ; that 4 its
ir.hihitants have been distinguished by
thejr quick discernment of and their vi
gorous opposition to all invasions of
thi ir rights ; that at the risk of their
lirrs and fortunes they had opposed the
ucroichments of arbitrary power;' that
they hsd expected a domestic govem
ner t which would protect them in the
lawful exercise of their rights that
amongst these, the mostinva,uble was
protection in the pursuit of commerce
that the government of the U. States
has for many yrars past manifested a
disposition alarming by hostile to com
xntrce,' noil eminently by the late act
cf Congress whirh uidcr certain pre
text, inflicts a deadly wound on our
commerce ;f that the only remedy
short of an appeal o force is to change
our national rulors and that this im
potent meaure can only be effected by
a cortetpondent change in the adminis
tration of this state m
In regard to these position it is pre
sumed.that.hisasemblage'willnot as
sume all he merit of encounK'tnK com.
mcrce, or of opposition to the invasion
f our riphts. or of opposing, at the
risk oflife ad fortune,' thccncroach-
mentw of arbitrary power ; but wii ao
mtt iu fellow citirens of ihe metropolis
an l of the state to equal honor with
il.cmselveson theic subjects. And it is
Iitlievcd, that the ajsemblage, in what
rvcr light it may view the federal go
vernment, will not deny the sovereign
rif AfofiU Tcllow citirens of the United
Staves to exercise their judgment on the
conduct of that government ; to declare
their conviction, that it is a' wise, just,
impartial and patriotic government; and
their testimony, that instead of inflict
ing, it has warded off by every possible
mean a deadly blow, aimed by foreign
powen on ourVommtrce ; and to ap
plaud, revere and support their govern
ment in opposition to those who have
pr claimed their disaffection to it, have
proscribed it, and doomed it to destruc
tion. , '
The assemblage,' in the first reso
lution, declare that htvjng reviewed
vith impartiality our foreign relations,
tliey are unable to discover any altera
tion, in the conduct of foreien nations
l,ich czci justify, or even apologize for j
to b unnoticed, lne puoiicaiion 01 - o
these measures, which in no instance merce wllh France ? But have be U. .b.
ae been disavowed, is so ma.ked, as and Grcat-Brman, or either o f ihe
to admit ne d-ubt of their authenticity, powers authonzvd this assemb ae
Had this assemblage- been content t be their ump.re ? If not, by what autho-
withtxerellng freely xllr riglm of . t ri-.y did it .it - judgment on the , eU.
f..- ; or agreeably to the constitution tivc measures of the two nation ? It
of the United States of peaceably pe- conitu e 1-r baps one parhn four hun-
' the late measures of the Government of
the United States." Admitting the fact,
that the a?semblage could not discover
any such alteration,1 still it may have
existed; and it did exist, in regard to
France, in the opinion cf the 'sole con
stitutional Judge, the national Govern
ment ; and penerally of the State Go
vernments. The measures alluded to
were the President's proclamation ofthe"
2d of November last, and the act of Con
gress of the 2d of March last : And
when it is considered, that the Emperor
or France, by his official declarations of
a revocation of his Berlin and Milande.
crces, had rendered indispensable, that
proclamation ; that the neglect toisme
it vould h: ve given just cause of offence
to the Emperor, and have hazarded a
war ; that had this been the rtsult, no
apology cruld have been offered, for the
President ; that even if the Emperor
had been strongly suspected of intention
al perfidy, the proclamation was wise
and politic ; as it wjs revocable in such
an event, and would thus hsve placen
him consfiicuously in the wrong. When
! these things are considered, where was
I th- imnnlicv or imu&tice of issuing the
. j j
small a port' on to govern the whole ?
The assemblage h ut a right uy me rc
deial Constitution, not topss such re
solutions, but to petition, for a redres of
grievances ;' and it is the greatest of all
absurdities, and destructive of all order,
to ndnVu that three thousandof our fellow
citizens, bavins only equal rights with
! the rest, can be ou horizrd in proclaim
ing that our national rulers, in relation
to a foreign power, cannot justify or
even apologize for their conduct. Did
this assemblage manifest a quick
diernment pending a negotiation on
which may rest our future peace, thus
to condemn our national governmen,
whilst supporting our just claims ; and
to encourage a foreign power in unjust
... . i mi
,4m-inH. which n Dcrsisien in wiu
in.
WW
evitably produce a rupture Can it, on
any ground, justify or apologize' fo
such imprudent conduct ? And how will
it be viewed when the measures of G.
Britain towards as for a aeries of years
have been marked by every apecies of
insult, injury and injustice ?
The assemblagc affirm that the fi'st
flagrant violation cf our neutral rights
was inflicted by the Berlin Decree.
Tbis decree was undoubtedly a manifest
violation of our neutral rights ; but it
hasbet-n demonstrated tothe suifaction
of the Federal and generally .f the State
Governments, that G- Britain for more
than half a century has carried into ef
fect a maritime tule of her own, which
has derogated essentially fom our neu-
tral rights, as established by the law of
nations. And it is well known that the
armed neutrality during our revolution
ary war, was formed by European pow
ers, for the express purpose of asser:mg
their maritime rights, and for opposing
a violation thereof on the part ot Great
Britain. And ot what consequence is it
tothe United States which of the belli
gerents was foremost in depredations ?
In municipal crimes there is no discri
mination between convicts, whethet first
or last in robbing unoffending travellers.
And where is the difference on the land
or on the ocean, between a public and a
private robbery, except that the former
is pre eminent in criminality.
Aga:n it i stated that 'no proposal
or hope is offered to us, of a restoration
of the vast property unjustly surprised
by thar perfidious meaning the French
nation Arc the secrets thenof cur
National Government, or ought they, in
regard to pending negotiations, to be
public? If not, how can it be asserted that
there is no proposal or.m -----o
restoration?' The Government of the
U. States, on every occasion, with unri
valled ability, has contended for our na
tional and indiv.tlual rights ; and I is it
noisurpmincthdttbeassemblageshouid
thus attempt to condemn our national
measures without the least knowledge
6f them ?
The assemblage have resolved last
ly, that they consider the statute of
Ccn-ress of the 2d March last, as an un
just, oppressive ami tyrannical act,' and
that the only means short of nappcal
to force, to prevent its calamitous, ef
fects, is the election of such men to.thc
. ,mi nn. nr l rpnewinp our -uui-
Hrt-fi oi tne ittierai electors aim u
various offices of the State Government
as will oppose, by, peaceable but firn
measures, the execution .of laws, whicii
if persisted in, must and tvilLbe resisted.'
The act of Congress of the 1st May,
1810, intrrdicled 4 from and after the
passage of it, every British or French
armed vessel (with certain exceptions)
from entering our harbors or waters
and provided for its ceasing to operate
against either .of thce p..wtrs which
should revoke or modify to certain, pur
poses, before the 3rd March, 1811, its
obnoxious edicts, &nd also for continu
ing in full force again&t the other power,
who should not, within three months
thereafter, i evoke or modify her edicts
in like manner, certain provisions of an
act to .interdict the commercial inter
course between thv Um;ed. States' and
Great-Britain and France.' The Empe
ror of France 4 officially made known to
our Government that on the first of
ov. 1810, her obnoxious edicts would
cease so have effect ; and the President
by his proclamation of the 2d of the same
month, 4 discontinued all the restrictions
tmpostd by that act in relation to France'
Great-Britain had three months, by
'he act, to adopt a similar measure, but
refused or neglected it ; and our Go
vernment, at the end of four months, by
its act of he 2d of March last, carried
i he interdicting act into effect ; and this
is the statute which the 4 Assemblage'
have declared unjust, oppressive and
.yrannicd,' and one of the laws,4 which
if persisted in, must and will be resisted.'
Ths ass.mbl'ge having declared as
the only means to avoid certain calami-,
lies, a change of our Government, or,
;he alternative, force (or resistance)
makes use of these as convertible terms,
and they are such, the definite mean
ing of resistance being the 1 not yield
ing to force, or opposing force to force.
And why must force be opposed to the
execution of these laws I Bcause, says
the assemblage every ci izen had a
riht to construe the act of the first of
May, 1810.' and 4 to govern hU conduct
accordingly;' and that any law which
houkl have the effect to make his con
struction crime, 4 must not only be an
ex post facto act, but unjust, onpressivc
nd tyrannical ' This doctrine of the
right of every citizen thus finally to con- j
sirue a law, and to govern nis conguci
accordingly, is novel ; such authority
being invested only in the judiciary. If a
person chaiged with having violated a
law, has by due process been convicted
hereof and received his sentence this
will 8c ouRht to be carried into effect, his
construction of the law notwithstanding.
It often happens that a law in some
instances operates unjustly, and the ef
fect of it, in such cases, is u-ually pre
vented by petitioning the Legislature
(whdseduty it is) to redress' the griev
ance ; or by a recommendation (btfore
sentence) of the Judicial Court, for par
doning the person convicted. Jt all de
ft ctive laws are ex pot facto acts, be
caus- in a few instances they may have
jeratcd as such, our national and state
codes abound with them j and every le
gislature hrS been Justly chargeable
wi n injusucc, ucmh hu
Ma-y laws are ot great lengin ana in-
tricacy, anu ine,twHauui,iiii .,
by individuals may be right or wronji,
or partaking of both these qualities ;
sail these constructions, eccuruing i
the opinioinof the 'assemblage,' are to;
be so many'criteria redetermining whe- ,
ther the law is an eXpost tacto act, or
unjust,, oppressive and tyrannical. If
everv citizen (according to the declarati
onsrecited) hasaright thustoput his con
struction on any law ; to declare other
laws, if opposed to that construction, un
just, oppressive and! tyrannical ; to, pre-
cluce by itau suppieraewvai j w.-..--tory
laws of the legislature, and to resist
them by force ; our constitutions are
nullities, our constituted authorities are
usurpers, and we are reduced to a state
of nature. .
Again if our national rulers are just
ly charged, as it is stated by this 4 assem
blage,' with having passed a tyrannical
act, and laws that must and will be re
sisted, they have rebelled against the
sovereignty of the people, are subject to
punishment, and have forfeited forever
a claim to public confidence. But if the.
charge is unfounded, if they have con
ducted agreeably to our national char
ter, which ris manifestly . the general
sense or the nation, have not those who
hv denounced the government of the
f TmtPrl Sraies as oppressive, tyrannical
and unjust, and who have declared an
intention iq resist the execution of their
laws, unwarrantably, adopted measures,
tending o excite a spirit of insurrection
and rebellion,; and to. destroy our inter
nal peace ani tranquility I "And is" it
expected that! a correct and well inform
ed people, will rally round the standard
of disaffection hazard their right of self
government, j which they hold by the
charter of God and nature, and-present
to the world jan unparalleled phenome
non, of a sovereign people in rebellion
against their own sovereignty ? It is be
lieved the people in general of the U
States are irlcapable of such political
suicide. .Antlhere it may be remarked
that. the assemblage have been lavish
in their encomiums on tG reat. Britain,
and in their strictures on France. . In
respect to th conduct of prance, hb jus
tification or even apology will be offer
ed ; but it -may still be enquired, why
Great Britain has not availed herself, (as
France has done) of the benefits prof
fered to bojh, by the liberal act of
Congress, of the first of May, 1810 f
She has condemned the French Emperor
for ndt having been definite in revoking
his edicts ; and at the same time, in
every instance," has refused to revoke
her own. If he is culpable for not doing
any thing required by justice, why has
she not supported her condemnation of
him, and raised her own fame, by supe
rior acts 6f jequity and liberality ?
I it because fearful of the competi
tion of the United States, she is opposed
to a enrrfl renewal cf their commerce ?
Will the only be satisfied by a monopo
ly of. this ? ! Is she not convinced that
the mutual linterests of the two nations
demand an amicable adjustment of their
differences ? . Our Government has gi-
v?n unequivocal proofs of an ardent de
si re to obtain that object But, because
of that, does Great Britain, expect; to
draw or drive us into measures, which,
contrary to our essential interest, must
end in unnecessary war ? If so if) she
will not listen to her wisest statesmen,
but will upport an administration -inimical
to this country, in a system of
evasions, pretensions, procrastinations
and prevarications, she will too late dis
cover her error ; and by enlisting these
s'ate in tjie interest of her adversary,
to which all her measures tend, will has
ten her national overthrow ; and by such
a deplorable event, will extend far and
wide calamitous consequences. j
To diminish, and exterminate, if pos
sible, a party spirit, the Executive of
this'commonwealih during the last year,
has confirmed in his place, or re-appointed
when requisite, every state offi
cer,' under its controul, who has been
correct8 in his conduct, and faithful to
his trust .5 disregarding his politics, and
requiring only his support of the fede
ral and I state Constitutions, Govern
ments and Laws, with a due regard to
the richts of officers and individuals,
subiect ib his official discretion, j But it
cannot be expected of any Executive,
so fafto disregard the sacred obligati
ons of duty and honor,, as to preserve
in official stations, such individuals as
would abuse the influence of their pub
lie characters, by sanctioning resistance
to law, 'or by such other conduct ' as
will beguile peaceable and happy citi
z,ns into a state of civil warfare.
For our metropolis, I have, ever en
tertained an affectionate esteem and re
spect;; and regret exceedingly, that
she has not supported the'salutarf mea
sures cf this government, of the last
ri.-wt this hppn done- we mieht
have silenced tne, demon or party ois
eord ; havi manifested such an invin
cible determination to preserve Our U-
nion, as would have animated opr sister
states to similar measures ; and might
have destroyed the germ of every hope
to sever the United States. Of latp
years,' " the dismemberment 6T our II
nion" has been ah avowed object jq the
ministerial papers pf Great Britain ; &
to effedt it a warf has been Urgd a
gainst these states. How mortifying
would it be for any of our fellow-citi
...... r ' Aj.M1
zens, to find that their proceedings, un
intentionally, had promoted sucti neta
rioUs designs ; and had thus entailed
on them and on their 'posterity,, anjn
delible stain ? ft is seldom admitted
as art apology, that individual in the
adoption of such dangerous means, had
laudable and hootstyiewS ; orhat they
possessed fair reputations; for, these
prcumstanccSt servingto increase and
extend the evif, excitc. a proportionate
degree of public resentment.; j , . , ; :
Kumerousjnstances of this kind, ex
isted at the commencement of
Imionarv war, and compelled; our fel
low citizens to exile themselves, and to
spendthe residue of their mournfully a
- . v. .r . - t
gislaturs The ,reaohxassigned ihave (.
been the- influx of j foreigner, and,, la
collection in those- grjeat seaports, of
the declarcft malcontents of the Nation;
al and State Governments ; individuals,
who with the uniform ; of Washingtmr,
have corobatted the fuodamental prih-$
ciplcs of our revolution, as delineated by; L
that revered Patriot. May bur Metro- I
polis, by regaining, the high ground
which she once held, when Americans'
throughout Europe were denominated
Bostbritansi jLnd Boston was. consider- 1
cd as the cradle iff Kberti?. sanctify ;
these walls as the permanent seat of
the Legislature,; and firmly; support
our National - and State s Governments, j
our Unjon and Independence Bui aI- j
though the great body of the people, !
will always be careful to preserve inter
nal peace, they rrjust be prepared f to
meet incessant plots, to divide and con
quer themii And let me, gentjemeh
address your reason, not your feelings,
on this important subject. Who can .
contemplate, without chills of horror
the dismemberment of our Onion; and
a civil war ? What is to be expected
from 4 the concomitant eviU ? We. are .
now blessed by Divine Providence above
any other nation.; We have National
ancf State Constituhons, which, fjy se-
curing ihe frtedem and frequency of e
lections ; by the short tenure of, legis- !
lative and executive offices ; by .the re ! ' ;
quisite qualifications of hose in office ; s
by the numerous checlw requiredf'in !
free governments;; and above all?' byr
the entire dependance of those systenis f
on the sovereignty of the people, re p
rendered in apable of a sudden changer '
to an arbitrary system cf govern menu
We are blessed jvith the free exetcise J
of our civil and religious rights, with j
the prompt and due administration of .;
justice-with a country capable of sup- !
plying all our wants and wishes with 1
a flourishing rotate of universities, jand
other, seminaries of literature and ofsci-
ence in general j-with a local situation,
distant from the terrific scenes ."of, unpre
cedented carnage with an efficient na
tional defthce, i by a patriotic and rw (
erful militia ; rendering unnecessary ? ;
those expensive military establishments
which are oppressive and dangerous to
liberty withr the extension Over the j
globe, of a lucrative commerce ; sub
ject indeed at present) to great" and in
evitable embarrassments and with in
numerable other benefits. ;AndiV is it
possiblefbr us j by ingratituejhe
deepest dye, to that' Omnipotent Being
who hits so- favored us,' to violate every
moral, religious and political obliga
tion ?; by destroig the gfeatfesvpf soj
cial enjoyJnentSf internal pence and
tranquility by placing in military ar
ray, re latins j r friends, fellow-citizens
agamsi eacn otner ; Dy exciung ,ioem
to ungovernable fy by urging them,
to profane ourl temples, to sack $hd
burn our tovvns, to ravage our count fy' v
to lay Waste pur cultivated .and beauti
ful fields, to strew them Iwtthf theJjo
dies of odr most iVafuable citizens, to
embrue their hands in the blood, of our
innocent women? ajnd children and tr
pursue a ferocious warfare, which youldl1.
extend through the" land, plague pesti
lence and famine. ' This is-but a faint.
picture of a civil war. Ten foreign wars
are a luxury, when com pared with one
civil conflict. At all events, let. us pre
serve'pece at homeinQ'gc.Warr.if
intiisperisabW, with any nation hdwtTer
powerful.
4 .0C'
John & Rbhert'St uart?;
Have i ust received from their D isttflery in Ta
SPIRITS OWlElfc!
WHICH fhe oler-fof ialertlw hml,
gallon or smaller quantity . ori modeaid
terms. v supply ot Ami atticte ana aiso ici
VARNISH, n.ade-at the same.Distiliery, M
be constantly kept on band. . ?. ..
10 kV ra&t;LWAt5Q18itti.
- i'- O --. ' - w i L i
COMMITTED
7o the Jail of Waie County on the 2Ut InxUmt
A, Negro man who say & be beiongs toP
and Harrfs or Harrison, and escaped from
thm on their- way to Georgia, abcur rheft
inssays3 wa purchased in Noto a nd
formerly belonged to atthew Huo?td He
isa Wacfc; ieoval? 5 feet 7 ot a inches
high, wears bis hairioi before and hi'be-.
bind, and tfas on a rttliflannel jacet fff ?
hluexoand about. -The owner oiMieisIa
jtquested tp come forward, pa poperty,
pay charges, and take hira away IjA i .
M:i'McW.. MaV22. latl v: , r 31.9 I i
in ioreign climes. It is, remarkable
like wise, that such of late years has
been the politics- of al most every com
mercial metropolis of our sister states,
as to have driven from it, t hastate Le
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