PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, BETWEEN SECOND AND THIRD STREETS, PHILADELPHIA
[No. 100, of Vol. II- j
Discourses on Davila—No. 29.
( Concluded.)
THE affairs of the Hugonots were in a criti
cal situation. It was not doubted but that,
after the death of the Prince, the Admiral would
be chosen for their Chief, both because of the
distinguished employments which he had held in
the party, and the reputation which his prudence
had acquired. After the battle of Dreux, when
the Prince was made prisoner, the whole [party,
with unanimous consent, had deferred to Coligni
the honour of the command. But at present
there were several gentlemen, who, by their
birth, their riches, or their other qualities,
thought themselves not his inferiors. Some of j
these tore his reputation withflanders ; some de- j
tested the austerity of his character, mariners and
habits. Unhappy Admiral ! thy fortune however
is not Angular. Merit, talents, virtues, services,
of the most exalted kinds, have in all ages been
forced to give way, not to family pride, for this
alone would be impotent and ridiculous, but to
the popular prejudice, the vulgar idolatry, or
the splendor of wealth and birth, with which fa
mily pride is always fortified, supported and de
fended. The Admiral had 1011, by malignant
ferers, his brother Dandelot and his friend Bou
card: deprived of these two, the party which in
terested itfelf in the grandeur and elevation of
the Admiral, was considerably weakened. But
Coligni surmounted all obftaclesby hisaddrefs—
he began by renouncing in appearance those chi
merical titles with which a vain ambition would
have been fatisfied, proposing however, in fac r t,
to preserve all the authority of the command.
He resolved to declare Chiefs of the party and
Generals of the army, Henry Prince of Navarre,
and Henry Prince of Conde, lon of the dece»led
Prince. During the childhood of these, the Ad
miral remained neceflarily charged with the con
duct and administration of all affairs of import
ance. It was, among Protestants, as well as Ca
tholics, in the cause of liberty as well as that of
tyranny, the only means of reprefling the ambi
tion and pretensions, the envy, jealousy, malig
nity and perfidy of the grandees ; the only means
of answering the expectations of the people, and
of uniting minds which the diversity of sentiment
had already very much divided.
In this resolution, without demanding what he
felt, he could not obtain—The Admiral intreat
ed the Queen of Navarre to come to the army,
reprcfenting to her that the moment was arrived
for elevating the Prince her son to that degree
of grandeur for which he was born, and to which
she had long aspired. The Queen was not want
ing in courage or fortitude : already resolved at
all hazards to declare her son the head of the
party, flie came with all the diligence which a
stroke of so much importance required, and ap
peared with the two Princes at the camp at Cog
nac. Discord reigned in the army, notwithstand
ing the neceflity of union and unanimity, tofuch
a degree that it was on the point of disbanding.
The Queen of Navarre, after having approved
the views of the Admiral, aflembled the troops ;
she spoke to them with a firmnefs above her sex,
and exhorted all those brave warriors to conti
nue constant and united, for the defence of their
liberty and their religion. Sliepropofed to them
for Chiefs the two young Princes, who were pre
sent, and whose noble air interested the fpei'la
tors ; adding, that, under the auspices of these
two young shoots from the royal blood, they
ought to hope for the most happy success to the
just pretensions of the common cause. Thisdif
courfe animated the courage of the army, who
appeared no forget in an instant the chagrine
caused by the loss of the battle, and by the dif
fentions which had followed it. she Admiral
and the Earl of Rocliefoucault were the fir It to
submit, and to take an oath of fidelity to the
Princes of Bourbon ; the nobility and all the offi
cers did the fame, and the foldievs, with great
acclamations, applauded the choice which their
Generals had made of the Princes for Chiefs and
protelhrs of the reformed religion. This inhuman
imaginations is considered, and in human lan
guage is called, Dignity ! The greatelt States
man, and the greatest General of his age, must
resign the command of his own army, even in the
cause of religion, virtue and liberty, to two beard
less boys, because they had more wealth, and
better blood.
Henry of Bourbon, Prince of Navarre, ?ged
I S, had however a lively spirit, a great and ge
Wednesday, April 15, 1791-
nerous foul, and difcoveved a decided inclination
for war : animated by the councils of his mother,
he accepted without hesitation the command of
the army, and proinifed the Hugonots, in a con
cise military eloquence, to protect their religion,
and to persevere in the common cause, until death
or victory Ihould procure them liberty. The
Prince of Conde, whose tender age permitted not
to express his sentiments, marked his consent
only by his gestures. Thus the Prince of Na
varre, who joined to the superiority of age the
prerogative of firft Prince of the Blood, became
really the head of the party. In memory of this
event, the Queen Jane caused medals of gold to
be (truck, which represented on one fide her
own bust, on the other that of her son, with this
infeription—Pax certa, victoria Integra,
mors ho nest a—A faj'e peace, compleat viflory, or
honorable death.
Coligni remains charged with the conduct of
the war, by reason of the youth of the Princes—
he divides his troops, and throws them into the
cities which adhered to him. Ihe Duke of.An
jou pursues his victory, and forms the siege of
Cognac, which he is obliged however to rail'e, by
the vigorous resistance of the besieged : he takes
several other cities. A new army of Germans,
commanded by the Duke of Deux Ponts, enters
France to aflift the Hugonots. Wolfang of Ba
varia, Duke of Deux Ponts, excited by the money
and the promiies of the Hugonots, with the aid
of the Duke of Saxony and the Count Palatine of
the Rhine, at the solicitation of the Queen of
England, had raised an army of 6000 infantry,
and 8000 horse. In the fame army was William
of Naflau, Prince of Orange, and Louis and
Henry his brothers, who, after having quitted
Flanders, to avoid the cruelty of the Duke of
Alva, supported the interests of the Calvinifts of
France, whose religion they profefled. Thisar
my marches towards the Loire, takes LaChaiite,
and pafles the river. The Duke of Deux Ponts
dies of a fever, and is succeeded in command by
Count Mansfeld. The Princes, and their Mentor
the Admiral, march to meet this succour. The
Duke of Anjou, for fear of being surrounded by
thele two armies, retires into Liuioufin, The
Hugonots, combined with their allies, follow the
royal armv. A spirited at Roche-Abeille.
The fterifity of the country forces the Hugonots
to retire. Ihe Queen Mother comes to the camp.
The resolution is taken to feperate the royal ar
my, to leave the forces of the Hugonots to con
sume by time : it is separated, in facft, and the
Duke of Anjou retires to Roches in Touraine.
CONGRESS.
HOUSE OF REPRESENTATIVES
SATURDAY, Feb. 7.
The BANK BILL under conjideration,
MR. GERRY's Speech concluded.
THE third rule of the Judge relative to the
" fubieift matter" of a law, it is unneceflary
to apply, because the members agree in then
ideas relative to the meaning of the terms taxes,
duties, loans, &c.
The fourth rule which relates " to effects and
confluences" is important ; and here the learned
Tud<re observes that" as to effedls and confe
rences, the rule is where the words bear none,
or a very absurd fignification if literally under
stood we must a little deviate from the received
fenfeof them." I" the present cafe the gentle
men in the oppofitioii generally, as well as the
gentleman firft up from Virginia, give the whole
clause by which Congress are authorized to
make all laws neceflary and proper, &c no
meaning whatever ; for they fay the former Con- |
cress had the fame power under the confedera
don without this clause as the present Congress
have with it. The federahft is quoted on this
occasion, but although the author of n
ed great ingenuity, this part of his performance
I co S „fider as a political heresy His dodtr.ne in
deed", was calculated to lull the confcicnce. o.
those who differed in opinion with lum at tnat
time, and havii'g acconiphflied his object, he.
813
[Whole No. 204.]
probably desirous that it may die with the oppo
sition itfelf. The rule in this cafe fays, that
where the words bear no fignification we must de
viate a little, and as this deviation cannot be
made by giving the words less than 110 meaning,
it mult be made by a more liberal conitrnctiou
than is given by gentlemen in the opposition.
Thus their artillery is turned on thenifelves, for
their own interpretation is an argument againlt
itfelf.
The last rule mentioned relates to the spirit
and reason of the law, and the Judge is of opin
ion " that the most universal and effectual wny
of discovering the true meaning of a law when
the words are dubious,is by considering the rea
son and spirit of it, or the cause which moved the
legislature to enaift it." The causes which pro
duced the conftiiution were an iniperfe<ft union,
want of public and private j lift ice, internal com
motions, a defencelefs community, neglect of the
public welfare and danger to our liberties.—
These are known to be the causes not only by
the preamble of the constitution, but also from
our own knowledge ol the history of the times
that preceded the eftabliflnnent of it If these
weighty causes produced the constitution, and it
not only gives power for removing them, but al
so authorizes Congress to make all laws liecefiary
and proper for carrying these powers into effedt:
shall we listen to assertions that these words have
no meaning and that this constitution has 110 c
more energy than the old ? Shall we thus un
nerve the government, leave the union, as it was
under the confederation, defencelefs against a
banditti of Creek Indians, and thus relinquifii
the protection of its citizens ? Or fliall we, by a
candid and liberal confirmation of the powers ex
prefTed in the constitution, promote the great
and important objects thereof? Each member
mult determine for liimfelf ; I fliall without he
sitation cliufe the latter and leave the people and
States to determine whether or not I am pursuing
their true intereft.—lf it is enquired where we
are to draw the line of a liberal coriftrucftion, I
would also enquire, where the line of restriction
is to be drawn ? The interpretation of the con
stitution, like the prerogative of a sovereign,
may be abused ; but from hence the disuse of
either cannot be inferred. In the exercise of
prerogative the minister is- refponlible for his ad
vice to his sovereign, and the members of either
House are responsible to their constituents for
their conduct in construing the constitution. We
a<-t at our peril : if our conduct is directed to the
attainment of the great objects of government,
it will be approved and not otherwise ; but this
cannot operate as a reason to prevent our dis
charging the trusts reposed in us.
Let us now compare the different modes of
reasoning on this fubjed:, and determine which
is right, for both cannot be.
The gentleman from Virginia (Mr. Madiftm)
has urged the dangerous tendency of a liberal
confirmation ; but which is most dangerous a
liberal or a deftrußhe interpretation ?—The li
berty we have taken in interpreting the constitu
tion, weconceive to be afceffary, and it cannot be
denied to be u/eful in attainingthe objects of it:
but whilst he denies us this liberty he grants to
himfelf a right to annul part, and a very impor
tant part of the constitution. The fame princi
ple that will authorise a deftrudtioti of part will
authorise the deftrutfion of the whole of the con
stitution, and if gentlemen havea right to make
such rules, they bave an equal right to make
others for enlarging the powers of the coimitu
tion, and indeed of forming a defpotifin. Thus,
if we take the gentleman for our pilot, we fha'.l
be wrecked on the reef which he cantions us to
avoid. iin..
The gentleman has referred us to the ialt ai
ticle of the amendment proposed to the constitu
tion by Congress, which provides, that the pow
ers not delegated to Congress or prohibited to
the states shall reft in them or the people: And
the qneftion is; what powers are delegated?—
'l)oes the gentleman conceive that such only are
delegated as are exfirejfed? If so, hemull admit,
that'our whole code of laws is unconlhtutional.
This he disavows and yields to the iieceHity oi
interpretation, which, by a fair and candid ap
plication of established rules of conftrurtion to
the constitution, authorizes, as has been fliewn,
the meafurc under consideration.
The ufuge of Congress Ims also been referred
to • and il we look at the> arts under the ex.i.-
iuf constitution. we (hall find they are general.y
tit&o