3Ci)c PHILADELPHIA , WEDNESDAY EVENING, JANUARY 9. To the Committees of the Senate and House of Representatives, unto whom are refer red the Address of the Select and Common Councils and the Memorial of the Citizens of Philadelphia, requesting an enlarge ment of powers and a grant of efficient aid to the City Corporation for the purpose of obtaining and introducing a supply of good water into the city. GENTLEMEN, AS a Memorial of the President, Man agers and Company of the Delaware and Schuylkill Canal Navigation dated the 21ft and prcfented to the Degillature on the 22d instant, hath been attentively considered by us, and as its obvious tendency seems calcu lated to fruftrate any viws of the City Corpo ration for obtaining a supply of water, ex cept through the medium of that Company, it appears highly proper for us to offer some remarks threon, arid to prevent or remove a ny incorrect impressions which may take place if unnoticed. This Memorial after making mention of the exertions of that Company to complete the Canal, referring the communications to the Legislature on the fubjefts of their pro gress and the difficulties they had labored un der from sundry causes, as well as to. .their applications for aid, and after reciting their . authority, to supply the city of Philadelphia with water from the Canal, and their power by virtue of the 3d feftion of their act of in corporation, to take water from any of the streams lying within 8 miles distance from the North Bounds of the City between De . liware and Schuylkill, fcc. proceeds to mention a nejociwion which commenced I between the City Corporation and the Canal i Company in December 1797, quoting and Connecting separate parts of a report made to the Select anil Common Councils by their Joint Committe in a manner that, with the general context of some other parts of the memorial, has a tendency to give this ne gscistion the completion of an attempt on the part of the SeLdt and Common Councils to form an union of the City's and Canal Company's interest and resources for intro ducing water by a completion of the Canal. Though the quotation of the separate parts of that report is correft as to words and sentences, yet their connexion and different arrangements, together with the general Context of the memorial on this sent a view foreign to the object of the Coun cils ; true it is the printed report of the Council's Joint Committee is referred to, and that a recurrence to it would furnifh correct information, but a, she re is little pro bability, that those who nave heard or read the Memorial will have an opportunity of examining the report referred to, that mif takss and misapprehensions may be avoided, it becomes proper for the true iinderftand ini; of this bufittefs to state That though u r»o method then appeared" to. that Committee 41 so well calculated to ensure" the introduftion of water into the City ?s the completion of the Canal, they r.everthekfs neither contemplated or recom mended any union of interests or partnership ' with the Canal Company, but "on the con trary after Hating that the Stockholders had rejetted the proportion to alienate their right to water the City for £50,000 and also another proportion, viz. That the Stock holders fliould convey three fourths or the : whole of th.-ir flock to the City on receiving payments of monies advanced on such flock with interefl, &c, and that the Stockholders had in tdrn proposed the City Corporation*!, pnrchafing fliares and appointing Managers in proportion to the flock they might hold —The Committee fay 1 With refpeft to the proposition of a pur chase " of half the flock, it appears to us inadmifiable, many difficulties and objec tions present themselves, your committee will only mention the following ; a perfett harmony among Managers, having different interests to watch over could not beexpedted; jealousies would hereafter arise, and the ob feet of watering the City might be defeated, or at least procrastinated, a number of years —B?fides, the premium of 10 per cent, on the capital expended for watering the city, would not be relinquished, and is it not the duty *£ the Corporation to extinguish this premium, which in the 'opinion of some of the Stockholders will alone dou ble the value of their flock, and in a few years operate a* a diredttax on our Fel low-Citizens, equal, if not superior in a mount to what is now paid by them for a,l the purposes of the city. Upon the wh<~le, your committee are of opinion, that an application be made to the Legislature for 3 grant of the duties upon the sales at Auc tion, and in cafe this Ss obtained, a purchase of the whole of the stock of the Canal fliould be effected ai d an immediate attempt made to carry on the work by fif.aU and judicious con tracts under the superintendence of an engi neer of approved talents and integrity. 1 he Seledt and Common Councils fully ap p eciate the value and importance of naviga ole Canals, to the interests and prosperity of both city and country: and believe their pro motion and encouragement by ever)' prudent measure, countenance and aid, is well wor thy the attei tion, not only ot the Common- \ wealth and of the City Councils, but of eve ry citizen whovifhestbe growth and advance ment of the commercial wealth and prosperi ty of Pennsylvania. But considering the diitrcfTes the citizens of Philadelphia have sustain -d from the prevalence of pestilential disease ; the impending ruin threatened by its annuil return, and that the introduction of pure and wliok-fome water, in the general be lie promises to be one of the mc't effectual iE.nediec, this object alone hath become para mount to every other inferior confitkration, and thi reforv che Stledt and Common Coun cils at this time, confining theii views to the teJth and tafety of the city only, are de- iitous that th'.s - ~Jki f t rimary importance, (tJj.ll ujt uy auy act ot the Legislature be made io aay dfrgrce dependent on the comple tion of a navigable Canal, as it may totally defeat the de fired obiedt or proenftinate its attainment 1 for a lenjth cf time, ruinous to the welfare of the city. They are desirous, (if the neceflary powers and aid are granted to the City Corporation for the purpose) to introduce waters, not only for washing the streets, but suitable for drinking and culina ry uses ; such, as for that end may be defirea ble to the great body of their conftituents— and to introduce them by such modes and means as on mature examination (hall be found, not only molt effectual, but at the ' fame time, molt couducive to the advantage of the citizens of Philadelphia, inall refpe&s unconnefted with any view for the promotion ■ of private or partial interests whatever. Without better demonstration than hath :; yet appeared, the City Councils do not admit i that the waters of the Schuylkill conveyed by • means of the Canal is the only source of fup | ply, or the only tract of conveyance. If the aids are granted and the management fliall be : committed to them, the Srleit and Common Councils wish to be left unrestrained in the j choice of sonrces of water and modes of an oyance guarding and rtfervhig' to the Canal Company unimpaired all the rights and pri vileges anting out of their afi cf incorpora tion ; and IhoulJ the medium of the Canal, prove, on the result of the on ly practicable, or (under a full view of all circumstances) the most eligible means where J by the intention of watering the city can best be answered, the City Councils on such 'ventual result are desirous they lliall be then at liberty to apply the funds committed to their trust to purchase the whole flock of the Canal Company, and to complete the Canil, with the special view however, that the pro fits, (if any (hall arifeontof the tolls there of) shall in the first instance be applied to reimburse the costs andexpencesofcconstru- t i lion and completion, and thereafter to be ap j plicableto nopurpofe other than the creating of a fund for the purpose of aiding the com pletion of the Sufquehanna and Schllylkiil Canal, and for the further purpose of gradu ally extending the chain of Inland Caii.il Navigation from time to time to the con •neftion of the western with the eastern waters of this Commonwealth. It hath been a favorite Theory that pub lic advantages arc best promoted and obtain ed, when it is made the interest of private persons, or associated companies to advance the public good. The history of companies incorporated on this basis in Pennsylvania, since 179 1. gives the evidence of that the theory fliould be received with some caution, and that it cannot be fafsly admitted without some limitation. In the present in (lance, it now reds with the Legislature to pursue that speculative policy with the aid of Legislative grants, or to try the effect of . promoting the pnblic good on the basis of public spirit; that is, to obtain the means, or peceffary capital, for carrying on and ef- } fefting a great work of public utility and | public fafety, by providing and appropriating Funds to ensure the punftual corapenfation. of legal interest, and to secure against iol's in preference to incitements for risque, on a view to the contingent compensation of ex traordinary profit. here will conclude with observing, that in preferring their request for aids to enable tiie City Corporation to introduce a ftipply of suitable Water into the City; the Seleft and Common Councils have been en tirely governed by a (Irong deGre to promote the Health and Safety oi the City, without views of personal or private interest or advan tage whatever. They trust the Legislature, under a conviftion of the neceflity of the measure, will, with a liberal hand, promote the wishes and exertions of the Citizens of Philadelphia. And the City Councils hav ing discharged their duty so far as to request the jlecefTary aids, and to offer exerti on, which means in their pqw&r, or 'means which might be granted to them- would per mit them to make, how submit the business to the wisdom of the Senate and House of Representatives. Anxiouflv solicitous only that the great object of a supply of pure and good water for the City -may be effeftually attained, by whatever agency the Legislature may deem it proper to 'devise. JOHN MILLER, Tun. THOMAS CUMPSTON, H. SIMS, HENRY DRINKER, Tun. DANIEL SMITH, Joint Committee of the Select and Com mon Councils, appointed to present their Memorial, and attend to its ob jefts while before the Legislature. December 29, 1798. The Creditors of Samuel Rut tir are informed, That the Truflees will cen tmue to attend at the House of Chriflopher I hotnplon, in Robefon Township, Berks coun ty, on the 18th ar.d 29th day, of the present month, and on the Bth, 9 th, and 10th days of January next, in order to receive proof in support of their refpeflive claim,—And at Nor nftown for the purpose, at the hotife of Jere miah Will,, on the nthand nth day, of Fe ruary next, of which all person, concerned, are requeued to take NOTICE. rrifr L D,^l S i^ NS :ndeb 'e d to the said SAM UEL RUTIER, previously to the 39th day o June last, are informed that, unless pay ment is made t® Tome one of the subs ribers, be ore the ift day of February next, suits will be commenced against them without refpefl* of perrons. r SAMUEL BATRD } MOORF. rTruftees. SAMUEL POTTS 3 jjn - The Creditors of William Steed man of Derr»-Town, in the county of Northum- ' herlard, ilate of Pennsylvania, are hereby inform eJ, that the said William Steedrsan ha, applied to the Court of Common Pleas, of the said County, to be admitted to the Benefit of the Insolent Lav. s of the state of Pennsylvania, and that the Judge-, of the fad Court have appointed the fourth Mou day ot January 1799, « Sunbury, in the said Coun ty, to hear him ana his Creditors. WILLIAM STEEDMAN. | January 7 The Creditors of John Lawflie, of Derrs-Tewu, in the county of Northumberland Stat* of Pennsylvania, are hereby informed, that she said John Lawfhe has applied to the Court of Common Pleas of the said county, to be admitted to the benefit ot thclnlolvent Laws of the State of Pennfylvaßia, and that th- Judges -/ the said Court have appointed the fourth Monday of Janu ary, 1799, at Sunbury, in the said eounty, to hear him and his Creditors, JOHN LAWSHE. j an * 7- H3t CONGRESS, HOUSE of REPRESENTATIVES. Debate on Mr. Grisvjold's motion. (conti nu 10.J Friday, December 28. Mr. Gallatin, having obtained leave to speak a third time to the fame question, ac knowledged, that many of his remarks yes terday were of general nature, and not per feftly applicable to the question under consi deration; but he had been compelled to fol low the gentleman from South Carolina, him felf, who according to his uf'ual habit, had i left the question, in order to introduce a | general declamition upon the supposed mo tives and aftions at gentlemen who differ 1 from him in opinion. It was some of those geperal itmarks which he called offenfive war, because it was a deviation from the ' manner 111 which he himfelf had been in the ; habit of d. bating questions before this house, j a"d notwithftandiug what the gentleman from South-Carolina had insinuated to the contrary, he believed it would be allowed j that the manner in which he argued upon ! any proposition was as unexceptionable as i that of any other member. It wai not hiscuf ' taji to depart from a question under difcu'f- I fion ; (till less had he done it, and that limes ; wi hout number, at that gentleman had I dene, for the purpose of introducing decla -1 mati»n on>the conduft and motives, not of , one man, but on all who differ from him in ' opinion with refpeft to his faorite measures. By offenfive war, Mr. G. said he did not mean personal attack ; but a retaliation of that kisd of attack which the gentleman from South-Carolina himfelf made. If that gentleman tl ought proper to misrepresent the motives of the party opnofed to him, he would himielf retaliate, not by personal ity, nor by vague sflertions, but by bring ing forth fafts to (hew the true motives of the party to which that gentleman belongs As to the personal attacks, said Mr. G. which he dates I have made upon him, what are they ? That 1 have charged that gentlemin two years ago with not under standing the fnhjeft of revenue. Is this, said Mr. G. personality ? Certainly not. How could I refill an argument on the fub jeft of revenue made by'hat gentleman bet ter than by (hewing that he-does not under stand the fubjeft, if that is true ; and I think indeed the gentleman ought to be o bliged to me for having told biro so ; because it led him to attend to the fubjeft, and I believe he underitands it much better now, than be did then. Mr. G. said, that un cor.fcious as he was of having made any per fo»al attack upon the gentleman from South Carolina, o; any other, he should not, how ever, be detered on a pr-per occasion from carrying into effeft that kind of offenfive war he alluded to, from that invelligation of the t«»e motives of that gentleman's party, by any threats of pe.fonal retalia tion, efpetjally from that gentleman. Of whatever materials his house might be com posed, it was at least proof again ft any peb ble which that gentleman might call agffinft it. He.believed that both his private and political charafter, when compared with that of that member, were not in much ddnger of being hurt by any insinuations coming from that quarter. But the gentleman from South-Carolina has faid,.that it is »ot cujtomary for him to ascribe wrong motives, or'to milreprefent the aftions of his opponents. Permit me. said G. to a few remarksupon what has fal len from him in thecourfe of the present de bate. What were his arguments, or asserti ons yesterday ? Tbey were these j It is im. poffibie, said he, that the person who went to France should bnve gone of his own ac cord, that he could be so Wy and vain, since he could not pollibly expeft to pro duce any effeft, therefore he must have been sent by other persons, and have taken ere dentials with him. He brings no proof of this, or that he was sent or authorised , but it must be believed, because he chufes to suppose it. This Mr. G. considered as one of those general attacks which it wou d be proper to repel. But the gentleman d®es not flop here. The person who went to France, according to his assertion, was sent th»re by 'ndividuaU who gave him creden tials. And who are these individuals ? They are a party in -he United tales, which the gentleman chafes to call a French party -a party, he tells the world upon which the trench depend for afli'tanc Nay, on this very day, that gen tleman, following the gentleman from Maf fachufeti#, baa gone upon ground nearly si. niilar. - He has said that the oppofer of this refuluiion, fuppogs a J fiiliiiMl or Jacobini c:il dpArin'-, thai the cr.d of a thing juftifies the means bj which it. is pccomplifhed. This doftfine. said Mr. G. si) contrary to eve 1 y principal of integrity, is charged upon tis« without the 1 aft pr"of What does this mean, but that all those who oppose this rcfolution, and all others t f rep üblican opin ion, are deficient in integrity, morality, and every ihing sacred. Who ha* ever said, that the end juftifies the means by which it i 9 attained ? Has it been said by any member oppoficd to this resolution, that it was wrong in this person Crft to aft, but that if good effefts were produced, the wrong ought to be overlooked ?No such thing. It had been on the contrary said, that if there was no criminality in the aft, no bad intention, and no bad effeft produced, the whole wa* innocent. It had never been said, that pro vided the effeft was good, though the aft was criminal, it ought not to be punifbed ; but that the aft itl> If was not criminal; and that the resolution ought to be confined to the punishment, not of any correspondence whatever, but of criminal correspondence only ; whilst its supporters infill, that every aft of that kind, however innocent in itfelf, ought to be punished, because the effeft Blight be u.ilchievous. Mr. G. said, as he was up, he now would consider fonie other arguments which had been used in favor of this resolution. The gentleman from Maflachufetts has said, that it was right to lay this resolution upon the table, and his argument in favour of it was, that it had bean understood at the beginning of this feifion, that it was intended to bring forward a motion to repeal the alien and fe ditton laws, and that th_n gentlemen would ot couife bring forward every argument to influence the paflions of the public, and that therefore the friends of the present resolution had thought it right to give the firft blow, and chufe their own ground to fight upon. This, said Mr. Ci. is an acknowledgment that this proposition is nothing more than a man®uvre, and juftifies what I have already laid, that the friends of the Alien and Sedi tion bills chose rather to attack us on this ground, thaji to wait till a proposition for a repeal of those laws is brought forward, where they feel we jniift have the advantage. Mr. G said, he gave credit to gentlemen for having felefted this ground, as the resolution has iomething specious on the face »f it. It is a good manceuvre ; but it is nevertheless a man®uvre, according to gentlemen's own acknowledgment. In support, however, of the proposition, the fame gentleman has told us, that it waj at least very likely that if the person who was htelji in France, had ever rilked any thing [ in writing, or in public, every thing foid or written had been extremely proper in itfelf, iuchas no person need be aflained of, and such as would rather operate in his favor, when known, than otherwise ; at the fame time, he remarked, that we do not know the lubjefts of his private conventions with the members ot the French government ; so that all hii ostensible afts were right, and all his secret ones wrong. Now, said Mr. G. it a law is puffed on this fubjeft, it can only have effeft upon oftenfibie correspondence, and yet the gentleman fays that ofUniible afts will always be right. Mr. G. believed the gentleman had tokl the house what it true ; and that if any person wished to carry on a criminal correspondence with a foreign goverhment, they will doit fecrctly, and not in the open manner in which the gentleman alluded to has lately done. He believed the publicity of this proceeding, is the bell argu ment in its tavor. He spoke, however, only trora conjefture; when he was better ac quainted with that business, it was polTible he might be obliged to condemn it. hen he had heretofore attacked this re solution, it was said he had attacked its de tails only, and not its principle, yet those details made up the whole of the rcfolution. Mr. G. here repeated the objeftions which he had before stated to the resolution, infill ing that no unauthoril'ed individual could usurp the Executive Authority ; and that a diftinftion was not made between private correspondence and public negotiation. Mr. G. said, lie had also made a diftinftion be twixt an individualaftingon hisownaccount, and a person being sept tD a foreign govern ment by a party. He thought this distinc tion correft. If a person, from enthufiafin or any other cause, not criminal, undertakes to open a correspondence with a foreign go vernment not intended to defeat any negoci ation of the government, or to involve the country in a war, or to invite foreign aggres sion, he believed it would be perfeftly inno cent ; but, if a combination of men were to combine themfejves as a party against the government of their country, and for that purpose to feleft an envoy in order to nego ciate for them, he fiiould consider such a conduft as highly improper. A gentleman from Connefticut made use of an argument yesterday, which had not been noticed. He said, that a foreign na tion who means to confer a benefit upon ano ther nation, will never negociate with an un authorised individual; that if one govern ment was difpoi'ed to treat with another, they would forever rejeft the interference of private individuals, and that when a govern ment opens a Correspondence with an indi vidual, it shews, upon the face of the tranf aftion, a want oi sincerity to obtain the ob jeft in view ; and that the French govern menment, therefore, ihaving lent an ear to an individual-American citizen, had (hewr, a want of its sincerity ; that it is always crimi . t0 * u£ h a correspondence, «nd that « ought to be restrained. But did the gen tleman who laid this doctrine down, perceive *suther it would lead to f If it be criminal tor an individual to negociate with a govern ment, is it not equally criminal in a govern ment to negociate or correTpond with an in dividual ? If it be, and a proof of a want of Sincerity, how will this apply t» the conduft of our government? Take the resolution ' upon the table, and transfer it on that of the council of Five Hundred, and it will appear in the (hapeof law for punishing MeflVs. X and Y for carrying on an unauthorised cor • rcioonJence with the American gov . J ; through oar commiffiftners. iAitiv' * . rn-mber;.*d that ouf cwv v; did t >,>. n .j' " I rcfpond-uce with X and'Y.; one of aC," i avarred that he was not an av e ,',t of ;hi ; French government, and that he had no ab i ject except that of promoting the welfai- a .' . the L mted States, and that when I ed that negociation they had no proof tii , even the other was authorized". Would t it be fa id, then, that our government w r not lincere m their wishes to '.Obtain peacr r from their having carried 01i such a corrcf' 1 pondence ? Mr, G. said, as he did not , in the dodnne, he did not agree in the con | clulion. He believed there are cases In , which governments are obliged to have'm. course to mdiredl means of negociation, and a? our comnjiffioners were not accepted, w , haps .t was right for them to do a s thev did, in order to get finally heard by the ?o vernment. In the fame manner, after\n intercourie had been cut off between the two countries, the French government mieht correspond with an American citizen in France, without given any evidence of their insincerity. Whether they had done Co or stew C ° Uld not ! tlleir muf! The fame gentleman spoke of what it called the diplomatic skill of France. Thi,' Mr. G. said, had lring been a favourite ex! preluon to him it always appeared ridtu. ° us ,' if any nation has given p :0 of of their want of wisdom in this refpeftthe French have done it in their diplomatic in tercourfe with this country. Amongftall the foreign ministers who have been fentt. this counsry, it mud be acknowledged tia: none have evinced so little diplomatic skill a ". those of the French republic. The French Mr. G. laid, appeared to him to have in their enthukilm at firft, and then in the intoxica tion of yiaory, very unwisely set as.de thoft rules which had been adopted by all other nations in their mutual intercourse, and, in so doing, they had been guilty in his opini.n, not of a display of diplomatic fliilj, tot of egregious folly They had made a most cu rious di.play of diplomatic skill in having called home their minister from this country? and in havmg sent back ours unaccepted. that « though there is in this country, ac- 4 fording to the representations of certain gentlemen, a party ready to join the French nation in any of their schemes againt this country; and although the French with t» countenance and promote that party, they have themselves cut off every means of cor. refpondence, through which those doiheftic traitors might have carried on their nefarious projects, without any suspicion whatever. But, Mr. G. bdie\*d it was immaterial to us whether the French have not diplomatic skill or not; whether her views upon this country are inimical, or not, as it refpefts this resolution. He had himfrlf never been alarmed, as the gentleman from Maflachu. setts had exprefled hirafclf to be from the view of what has passed in other countries. He had not been alarmed, because he confi dertd the internal situation of this countrj'j and our distance from £urope as two fuffict ent lifeguards. He considered our internal lituation to be such, (divided in opinion as we unfortunately are) as not to admit the supposition that there can be a party in this country difpoled to make any change in the form of government which we have the hap. pinefs to enjoy. There, are, said he, I know, men in this country who are diffatis fied with iome ot the measures of adminiftri tion, and not only with the meafirres of ad ministration, but also with l'ome of the a&s of Congress ; but th- remedy which they wilh and seek for, is not a revolution, but by the meahs pointed out by the confUtution, by enlightening the minds of the people, the medium of the pfefs, with refpeft to theif true interests ; by convincing them certain meaiures are wrong, and by persuading them to effect a change inthefe measures by means of elections. Any other change which could be accompliflied, would undoubtedly, as the gentlelYian from Maflachufetts had said, ( plunge a dagger in the brtafts of thole who opposed it. No man in this country can possibly have an interelt in changing thecon« ftitution. Men who generally enjoy inde pendence, or more than independence (whick is mostly the cafe in that part of the country where foine of the measures of the ment are most condemned) have nothing to hope from such a change. They may wilh to fee other perlens in the administration of government ; but would never conlent to any revolutionary risk to obtain this end. And if there are no men in this country who wilh toeffefta revolution, said Mr. G. still less are there any who wifli for foreign aid to allift them in such a work. But if they did, how was it to be obtained ? Did notour diftanceftom Europe, and the lyant of naval resources of that nation whose in terference was apprehended, secured us from that danger, that alarm appeared to him too ridiculous sos serious consideration. Mr. G. had already observed, that if any laws were passed upon this fubjeft. it ought to be founded upon a resolution which fliould define what is criminal, and what is not; ami he was confirmed in this opinion, by no nation ever having palled a law of a nature like the one now proposed. He re collected having seen printed, during the present war, a correspondence between an F.nglKh fubjetfl and an agent of France on the fubjeft of the dispute between the two coun tries ; and he recoliefted that on a trial for treason, it had been stated, that where a cor respondence tends to lead an enemy to deflft from their violence against the country to which the correspondent belong, it is so far from beihg criminal, that it is worth} of praise. He had never heard (fa nation legi llating on the genei al ground proposed; and though it has been i'aid, that when a bill is redoitei, it will be more defined ; gentlemen by their arguments, tell us the reverse, for they fay any ki.d of conefponrence ought to be ; unifhed. Mr. G. mentioned this on account of What had fallen from the gentle man from G.orgia, Mr. G. concluded by faying, that he was fenfib" that the ground felef'ed by gentlemen for this delmte is a one, and had