I
ton rm. c.ii-rie.
HFLVrpH 11.
£Con'imed/ram our ft*per of Saturday U/t^]
r pHE logic employed T>y the writeV oil this
pccafton, will b* best underflot d by accom
modating to it the language of * proclamation,
founded on the prerogative and-pokey of fuf*
pemding the treaty with France.
Whereas a treaty was concluded on the
day of between the United' States and the
Ffench nation, through the kingly government,
whlclf then the organ will: And
whereat the said nation hath since exercised its
right (no wife abridged by the said treaty) of
changing the organ of it* will, by abnlifhing the
■ said kingly government, as inconflflent with
the rights and happinef- of the people., and efta
blifhinga republican in lieu thereof, as most fa
vorable to the public happihefs, and best suited
to the genius of a people become sensible of
their rights and alhamed of their chains: And
whereas,by the conftitncion of th United States,
the executive is authorised to receive ambafla
dor#, other public mwifters and consuls: And
whereas a public minister, dujy appointed and
commiflioned by the new Republic of France,
• hath arrived and prefeotcd himfelf to the execu
tive, in order to lie received in his proper cha
ra<fter: Now be it known,'that by virtue of the
said right veftbd irt the executive to receive am
bafiadors, other public minillers and consuls, &
of the rights included therein, the executive hath
refufed to receive the said minister from the said
republic, and hath thereby caused the a&ivity
and operation of all treaties with the French na
tion, hitherto in ferce 'as fuprerne laius of {he
landy to be lufprnded until the -executive, by
taking off the said fufpeniion, ftiMi revive she
feme; o£-which, all perfom concerned are to
take n tke, ta theif "irt r bi<'v/ j t i
The writer, as if beginning to feel that he
was grasping at more than he could hold, endea
vour?, all of a fudden,to squeeze his doctrine in
to a Tmaller and a less vulnerab'e shape.—»
The reader shall fee the operation in his own
words.
u And where a treaty antecedently exists
between the United States and such nation (a
nation whose government has undergone a revo
lution) that right (the right of judging whe
ther the new rulers ought to be recognized or
not) involves the power of giving operation or
not to such treaty. For until the new govern
ment is acknowledged, the treaties between the
nations, ai fur at leojl as regards public rights %
are of tourfe suspended."
This qualification of the suspending power,
though relu&antly and inexplicitly made, was
prudent, for two reasons; firft, because it is
pretty evident that fri*ate rights, whether of
judiciary or executive cognizance, may be carri
ed into effu& without the agency of the foreign
government; and therefore would not be fufj
pended of course by a rejr&ion of that agency.
Secondly, because the judiciunj, being an inde
pendent department, and a6Hqg under an oath
to purfne the law of treaties as the supreme law
of the laad, might not readily follow the execu
tive example, and a right in one expositor of trea
ties, to consider them as not-in force, whilst it
would be the duty of another expositor to confkief
them as in force y would be a phenomenon not
so easy to be explained. Indeed as the do&rine
(lands qualified, it leaves the executive the right
of fnfpcnding the law of treaties in relation to
fights of one description, without exempting it
from the duty of enforcing it in relation to rights
oranother description.
t But the writer is embarked in so unfnundan
argument, that he tfoes not save the reft ps his
inference by this facrifice of. one half of it. It
is fiot trite, that all public rights .are of courie
suspended by a refufal to acknowledge the, go
vernment, or even by a fufpenfioji.of the govern
ment. And in the next pUce, the right in
question does not follow flf.m the neceflary sus
pension of public rights, in canfequence of a rer
suss.l to acknowledge the government.
Public rights are of two forts; those whiclj
require the .igency of governments,thofe wlucfc
may be carried into efjeel without that ag?nc 1 /,
. As public rights are the rights of the nation.
not of the government, it is clear that wherever
they can be made good to the nation, without
the oflicp of government, they arc not suspend
ed by the want of an acknowledged govern
ment, or even by the want of an existing go»
vernment; and that there are-important rights
of this description, will be illustrated by the
following cafe:
Suppose, that after the conchifion of the trea
ty of alliance between the United States and
France, a party of the enemy had surprised and
put to death every member ofcongrel's; that
the octafion had been used by the people of A
• merica for changing the old confederacy into
such a government as now exi(ls„ and that in
the progrefsof this revolution, an interregnum
had happened. Suppose further, that during
this interval, the dates of South-Carolina and
—- Georgia, or any other parts of the United States,
hid been attacked,and been put into evident and
imminent danger of being irrecoverably loft,
without rhe interpoficion of the French arms; is
it not manifcfl, that a« the Treaty is the Treaty
of the United States, not of their government,
the people of the United States could not forfeit
their right to the guarantee of their territory
by the accidental fufjieiifion of their govern
ment; and that any attempt, on the part df
France, to evade the obligations if the Treaty,
by pleading the suspension of government, or by
refufmg to acknowledge it, would justly have
been received with universal indignation, as an
ignominious perfidy ?
With refpeA to public rights that cannot take
rfTrc} in favour of a nation without the agency
of its government, it is admitted that they are
fiifpended of course whfie there is no govern
mem e*iAeftet, an.! a rffufal to re-
mtt <XiHmj» giovernriJert.' Sut uo
in favour to Intend the ope
ujatiftn of lyrc&ies, can either
■ale. }Vhcre exiftenjre of the government
isfufpentledv it m a hsCestf neCciSiy would
be a cai'r happening withau? the a& of tke «*c-
C*tive, and eonfequcrttly could prove nothing
for or"againfl. the right.
In the o'ther cafe, to wit, of "a refufal by the
. executive t* recognise an cxijliug government,
- however cetcain it maybe,-tnat a Cuipenfion of
some of the public rights might epfue, yet,it is
equally certain, that the tefuW would be with
out right or authority; and that or
authority could be implicd*or prptf £he
unauthorised a<st. If a right to da lfr»ateyer
might bear an analogy to the necessary conle- i
quence of what was done without right, could
be inferred from the analogy, there, would be
no other iimit to power than the limit tQ its in
genuity.
Tt is no answer to fay that it may be doubtful
whether a government do<? or does noyt exilt;
or doubtful which may be the existing and a<s
- Government. The cafe stated by the wri
ter i», that there are existing rulers; that there
i an acting Government ;..but that they are new
rulers; and that it is a new Government. The
full reply, however, is to repeat what has been
already oljferved ; that flueftiows of thi& fort are
mere questions of f.i&j us such only, they
belong to the executive ; that they would equal
ly btiong the executive*. if it was tieddown to
the rtception of public ministers, without any
diferetion to receive or reje& them; that where
the fail appears to be, that no government ex
lfts, the confeqnenrial suspension is independent
of the executive; that where the fa<st appears to
be, that the Government doesexift, the execu
tive nitdl be governed by die fa&, a*d can have
no right or difcrecion, on account of the date
or form of oho Guven*£?te;?fc, •"> p-Tuft so ac-
either by reje<shng ltfcpfific mi
nister,. or by any other step taken <*n that ac
count. If it does icfufe on that account* the
refufal is a wrongful a<ft, and can neither prove
nor illustrate a rightful power.
I have spent more time on this part of the
difcufiion than may apsear to some, to have
been requisite. But it was considered as a pro
per opportunity for presenting some important
ideas, conne&ed with the general jArtajeA, and
it may be of life in (hewing how very fuperfi
cially, as well as erroneously, the writer has
treated it.
In other refpeilsfo particular aninvefligati
on was iefs necessary. "For allowing it to be, as
contended, that a fufperifion of treaties might
happen from a consequential operation of a right
to receive public minifrcts, which its ail express
right veftcd by the constitution < it could be no
proof, that the fame or aftmilar effe<sfc cOuld be
produced by the dirc& operation of a conjiruc
five power.
Hence the embarraflfments and grbf? contra
dictions of the writer in defining, and applying
his ultimate inference from the operation of the
executive power with nrini
tlers. \
At firft if exhibits an " important • instance
of the right of the executive to decide the obli
gation of the nation with regard to foreign naf
tions," v>
R.ifit)g from that, it confers on the
a right " to put the United States in a condition
to become an associate in war."
And, at its full authorises the execu
tive " to lay the legislature under an obligation
of declaring war."
From this towering prerogative, it suddenly
brings down the executive to the. right of " con-
Jfjkrt:ti*iliy ujj\ cling the proper or improper ex
ercise of the power of the legislature te declare
war.
And then, by a caprice as une*pe&ed as it i$
sudden, it espouses the cause 01 the legislature ;
rescues it from the executive right " to lay it
under an obligation of declaring war"; and aftwrts
it to be "free to perform its own duties, accord
ing to its own sense of them," without any other
eontrdul tjian what it is liable to,in every other
legifhtive ail.
The point at which it reft,is,
that «' tlit executive in the exercise of its conjlh
tutional fo-wc i, may eftabliih an antecedent (late
of things, which ocght to -weigh in thelegjflative
dttijions ; a prerogative which will import a
great deal, or nothing, according to the handle
by which you take it; and which, at the fame
time, you can take by no handle that does not
clalh with some inference preceding.
If " by weighing in the decisions"
be meant having an influence on the expediency of
this or that decision in the opinion of the legisla
ture ; this is no more than what every antece
dent (late of things ought to have, from whate
ver cause proceeding; whether from theufeor
abuf of conflitutional powers, or from the ex
ercise of conflitutional or aflumed powers. In
this sense the power to eftabliih an antecedent
(late of things is not constituted. But then it is
of no use to the writer, and isilfoin dire# con
tradiction to the inference, that the executive
may " lay the legislature under an obligation to
decide in favor of war.
If the meaning be as is implied by the force
of the terms « conflitutional poyv;V" thjt the
antecedent (late of things the exe
cutive, pught to have a coifitutional Height with
the legislature : or, in plainer words, imposes a
conjlitutional obligation on the legislative decifwnl,
the writer will not only have to combat the ar
guments l.y which such a prerogative has been
disproved . but to reconcile it with his lad con
ceflion, that "the legislature is free to perfoim
Its duties according to its own lince of them."
He miift (hew that the legislature is, at the
fame time, conjiitututianally fr:e to purfxe its own
judgment and conjlitutionally bound hy the iuihment
of tlx executive. ' "
534
Foreign Intelligence.
FRANCE.
NATIONAL CONVENTION*
JUNE 20.
B4RRERE, in rhe name of the
committee of public fafety,
made a report refpe&ing the trou
bles in Oorfica. " The whole island,
fai<3 he, is in a (late of coijnter-re
volution, and your commillioneis
have been obliged to act on the de
fenfive in the maritime parts of the
republic, which yet remain faithful.
You recollecft the decree againlt
Paoli ; perhaps it was impolitic ;
and although you suspended the ex
ecution of it, Paoli found means to
interefl the inhabitants in his favor,
by making them believe you would
give them up to the Genoese, whom
the Corficans dread and abhor; or
that you would crown theci devant
Dtike of Orleans, who is equally de
tested by the Corficans, who Inve li
berty, although they have been led
oftray by Paoli and the priefls. Your
fW(> commiffiorers, Amibonl & Baux,
have been flopped at Aix, in the
name of the federative republic of
the louth.
The following letter fr<gp your
cojliirifljoners at $aftia, jilXftrfica, (
d*lte<l from that town, June 27, will
more fully explain to you tlie trou
bles in this island :
Letter from the Gomm'tjfionirs.
" All is loft—the counter-rev«vlo
tion is compleated. Paoli is named
generaliflimo, that is to fay, sove
reign of the island. The clergy
have been reinstated ; the emigrants
have re entered. Paoli, under the
malk of religion, has abased himfelf
to be eletfted President of the con
fulta (an extraordinary convocation
of all the deputies of Corsica) : the
inhabitants have been led astray,
relpecting the situation of France,
and the intentions of the conven
tion. The iiiifurgents are armed to
the number of 1000, or 1200, and
maintain theinfelves at the expence
of the republic. They have leized
on the stores and treasure, and those
who (how attachment to the French
republic are shot The towns in
the interest of the republic, are de
clared rebels, and are kept in awe
by Itrong garrifoiis placed in them.
Paoli has published a writing against
the Convention, whom he calls the
agenrsof the Genoese. St. Floient,
Baftia, and Calvi, are still in the re
publican interest, and well garri
soned with republican troops.
" The confulta opened on the
26th May. Paoli was declared Pre
lident, Leonardo Vice-Pi efident, &
Pozi di Borgi Secretary.
" Paoli has published a pretended
letter from Marseilles, which,among
other things, aliens, that all the
communes ps France have declared
themselves in infurretftion against
the capital.
(Signed) " Dalcher, Comm'r,"
Comho.n.—" Do you not fee, that
Paoli holds the fame language in
Corsica, as Gaudet, Vergniaux, Gen-
I'onne, and other confpiratorsdid in
the Convention ? It is time that
France fhonld know who are her
friends."
Lacroix —" Couthon have
said more. There exists a document
in the committee of public fafety,
in which a conyerfatiori is repre
sented to have taken place on the
fir ft of April last, between Dumou
rier and the Prince de Cobourg ; in
which the latter prop ifed, that Ma
rat ftjou'.d be declared in a ilate of
arrest, the primary assemblies be
convened, and the Convention tranf
ferred to some other place than Pa
ris. It is worthy of remark, that in
this month propositions of a "similar
tendency were made in this afl'eun
bly, by Gaudet, Genfonne, Jtfriflot,
and others, whom you have declar
ed in a state of arrest."
, Barrere.— " Your coinmiuee has
charged nie ro present you ihe pro
ject of a decree, which ought 10 be
carried into immediate execution.
Your committee h*s thought fit to
calhier tljis confultniof Corsica, whose
power would soon vie with your
own. We hare ahnulled all its
a<sts, as bei'ng high cfeafon ngninlt
HELVIDIU3.
Tnfurreftton in Corfi'ca.
the sovereignty of the people Tut
must lend luccours to thole towns m
Corlica which remain faithful toihe
republic. Your committee has like
wise thought fit that you (hould en
lighten the people by fending com
millioneis among them ; for, accord
ing to every report, t hey are not in
imical to the republic, but only niif
led by the rich. Every thing gives
us reason to hope, that within one
month all will be right, and that we
(hall be able to ftril'e some deciftve
blow againlt the counter revoiu
tio'nifts."
llarrere then presented a decree,
conformable to the above principles.,
Decreed.
Chabot—" Rouyes and bis coU
league have been recalled from their
commiilion, but are not returned.
They have remained behind, in or
der to foment troubles in ihe de
partment of Herauli, and have pro
tested againlt the Decrees of the
Convention of the 31 It of May. I
move that they may bedifplaced." •
A deputy contradicted this Itate
nient, and the Convention palled to
the order of the day.
Decreed, that the Armies fhobld
in future be paid in bills on the
Treasury instead of affignats.
July i.
The Envoy of the United States
having demanded a suspension of
the decree which •permits thepriva
teers'of tW Repubtifto attack Ame
rican (hips: —In consequence, the
committee proposed the following
decree :
The National Convention, defir«
ous to maintain the union ertablifh
ed between the French Republic
a/id the United States of America,
declares, that the veflels of the Uni
ted States are not included in the
dispositions of the decree of the 9th
of March, according to the 16th ar«
ticle of the treaty made on the 6th
February, 1 788. —This decree wai
adapted.
LONDON, July 27.
It has frequently been alTerted,
and with great appearance of truth,
that without good air, good exer
cise, and good hours, scarcely any
person has good health, or attains
old age ; yet on Stiriday lift died at
Chomes, in the county of Bucks,
after a life of 92 years of uninter
rupted health, Mary, widow of
William Baidwynne, who had been
mother, grandmother, and g?eat
grandmother to above 200 persons,
more than I}o of whom are now
alive. The greate'.l part of her life
the palled in a sick room ; as her
employment until within these tea
years, has been that of nursing the
sick, in which situation (lie was fre
quently many months without go
ing into a bed, and took the little
flcep flie had in the day more fre
quently than in the night. The
writer of this paragraph a/ked her
by what expedient she had, in such
an employment, enjoyed such a
lhare of health, and iiad fa long a
life ; her reply was memorable ; —
" 1 have never, during my whole
life, drank any thing in the night,
except tea ; I have never fuffered
any event, however calamitous, to
depress my mind or prey upon my
spirits ; and I have made it my
constant endeavor to live in as good
a humour with myfelf and all
around me, as I pofiibly could.'
Prince Ernest had lately a very
narrow efcrfpe before Valenciennes.
A csnnon ball had parted Co near as
to kill a grenadier in the file behind
him.
General Dampierre's Monument
in the camp of Fa ma is is not yet
destroyed ; on the contrary, a sen
tinel has been placed over it, to
protect it.
A Courier, who arrived lately
from Vienna, brings intelligence
t-hat the Emperor is very ill with a
spitting of blood.
United States.
WILMINGTON, Sept. 7.
We are informed that the Lonv
mittee of Correlpoiidence have late
ly received from John Dickiiifoii
Efi]. of the Stale of Delaware, 2(X
Dollars, for ibe relief of the tugi
lives from St. Domingo,