therefultof a liberal conftinu<tion. I will mention but two. The firft relates to the eltablifhinent °* 'he executive departments and gives to the President th< power of removing officers. As the confutation is silent on this fubjecS, the power mentioned by the gentleman's own reasoning, is veiled in the states or the people: he, however contended for an afumptio/i of the power, and when alliuned urged that it flionld be verted in the 1 refidenr, although, like the power of ap pointment, it was by a refpetfiable minority in both Houses, conceived that it should have been verted in the President and Senate. His rule of interpretation then, was therefore more liberal than it is now. In the other cafe Congress deter mined by law, with the fanrtion of the President, when and where theyfhould hold their next ses sion, although the conrtitution provides that this power /hall reft solely in the two Houses. The gentleman also advocated this measure, and yet appears to be apprehensive of the conf'equences that viay reliilc from a conrtruiftion of the con stitution which admits of a national bank. But from which of these measures is danger to be ap prehended ! The only danger from our interpre tation would be the exercifc by Congress of a general power to form corporations: But the dangers resulting from the gentleman's interpre tations, in the cases alluded to, are very diffe rent ; for what may we not apprehend from the precedent of having assumed a power on which the constitution was silent, and from havin K an nexed it to the supreme executive? If we have this right in one instance, we may extend it to others, and make him a despot. And here I think it neceflary to declare, that such is my confidence in the wisdom, integrity and iniH'ce °f the chief magistrate, as that 1 should be at V 1!, 6 ' rn y Il^c > liberty and property were at his tlifpofal: but this is a trust which lam not au thorized to make for my constituents; and as his luccef.ors in office will poflefs equal powers, but may not poflefs equal virtues, caution with ref petft to them is necelTary. Again—what may be the result of the precedent relating to the session of Congress ? ]f we had a right by law to deter mine where the next Congress should hold their lemon, one Congress may oblige another to fit at Kentucky, or in the intended state Yazoo un der the protection of a Chiclaw Chief, or his ex cellency Governor Tallan. It must therefore be that the usage of Congress in both in ltances is against the gentleman, and that the clangers from the precedent of eflablifhing a bank are comparatively small to those resulting from the other measures referred to. to The gentleman from Virginia has endeavored to support his interpretation of the conltitution, by the sense of the federal convention ; but how is this to be obtained ? By applying proper rules of interpretation ? If so the sense of the conven tion is in favor of the bill ; or, are we to de pend on the memory of the gentleman for an hilrory of their debates and from thence to col lect their sense ? This would be improper, be cause the memories of diffef-ent gentlemen would probably vary, as they have already done, with refpetf to those fadts ; and if not, the opinions ot the individual members who debated are not to be considered as the opinions of the conven tion. Indeed if they were, no motion was made in that convention, and therefore none could be reje<sted for establishing a national bank : And the measure which the gentleman has referred to, was a proposition merely to enable Congress to erecft commercial corporations, which was and always oaght to be negatived. The gentleman's arguments refpedting the Fenfe of the State conventions, haveas little force as those relating to the federal convention. The debates of the State conventions, as publiftied by the short hand writers, were generally partial and mutilated ; in this, if the publications are to be relied on, the arguments were all on one fide of the question, for there is not in the record which is said to contain the Fennfylvania de bates, a word against the ratification of the con ltitution : Although we all know that arguments were warmly urged on both fides. The gentle nian has quoted the opinions, as recorded in the debates of this State and North-Carolina, of two ot our learned judges : But the speech of one member is not to be cohfidered as exprefli ng the sense of a convention ; and, if it was, we have no record which can be depended on, of such speeches. Indeed had even this been the cafe the union was at that time divided into two parties, one of which feared the loss of the union, if the conltitution was not ratified uncondition ally, and the other the loss of our liberties, if it was. The objetft on either fide was so important ' as perhaps to induce the parties to depart from candor, and to call in the aid of art, flattery, pro lelhons of fnendfhip, promises of office, and even good cheer, were recurred to : And when tliefe failed, the federal Bull was published, denoun cmg political death and de(lru<ftion to antifede ral infidels.—Under such circumstances the opin ions of great men ought not to be considered as authorities, and in :jnny instances could not be recognized by theniJelves. Mr. Gerrt then observing that the sense of the States refpediing a bank would be best ascer tained by their legislative a«fts, fbewed from the journals of Congress, that when retrained by the confederation from exercising any powers but what were exprtfsly delegated, Congress had without any authority established a bank, whose capital might extend to ten million dollars ; and had not only pledged the faith of the union not to eredt any other, but liad recommended it to the States to prohibit any State eftablifliment of the kind, and had also determined that the bank bills fliould be receivable in the taxes and duties of every State : That the States did not remon strate againlt or tacitly acquiesce in, but atfiually supported the measures of Congress relative to the bank, wliillt the war conrinued and after the peace : That this w4s the ftrongeit evidence the States could give, that they thought the measure salutary, and had no objection to it, on the ground of its being conllitutioiiaj. He then urg ed that if the States and the people at large had no objection to a bank in that cafe, they certain ly could not in this ; and enquired whether there was any evidence of their disapprobation of such an institution in the debates of their conven tions or propofitioris for amendments ? To this he answered in the negative, and urged that whilst the conventions were silent on this fubjedt, and had no objedions to such a measure, several of them had proposed amendments to the consti tution, for retraining Congress from eftabli/hing commercial corporations ; which evinced their dis approbation of such inditutions and admitted at the fame time, in some degree, the power of Congress, under the existing conilitution, to form them. . Mr. GERRythen shewed, that as a monopoly has been urged as an objection to the bill, 110 fucb consequence could refitk from it : For the bill does not restrain State or private banks, or even individuals, from negociations of a similar nature withthofe permitted to the stockholders ; nor does it restrain the States from forming simi lar corporations. This plan has not a feature of monopoly,and thegentlemen whooppofe it, con tend for a bank which according to its original institution was founded in monopoly. He then answered the argument urged ao*ainft the authority of Congress, to enable corpora tions to hold lands, when they had no power them selves of purchasing and holding land ; and shew ed that although Congress are reflrained from purchasing lands (except in certain cafes)and from exercising over the fame exclusive legislation ; yet that they may hold lands obtained by execution, conquest, and by other means as well as by those clauses of the constitution which relate to lands now belonging to the union ; and that Congress had often inveftedothers with powers which they themselves could not exercise. He then noticed the argument, that, by a law of Virginia, notes payable to the bearer, or or der, could not circulate in that State ; and ob served that this law could not be fuppofedto ex tend to bank notes ; and if it did, it would be null and void, becaule the constitution of the union and laws, made in pursuance thereof, were paramount to the laws and conllitutions of the leveral States. Havingconfidered the arguments againlt the conflitutionality of the bill, he en tered into the policy and utility of the measure. —In his remarks on this head we ffiall not fol low him. The foregoing Speech of Mr. Gerry is copied from •e General Advertiser. LONDON, February 8 T AST week, when the new Bifliopof Versailles A-* was about to take the civic oath before the National Aflembly, on his promotion, with nn powdered hanging locks, a lady exclaimed " What a nasty til-combed Bi/bop /" to which a gentleman near her answered « The time is over, Madame, when tt sbe flowed Bishoprics ; they are now conjerred on virtue, and virtue needs no ornament." Of all enemies, the Empress raoft dreads that of Pruflja—and her officers and soldiers enter tain similar apprehensions. To fix the Black Ea gle on the walls of Constantinople is a common idea at Peterlburg but to mention Berlin, makes a Ruffian ftrink within himfelf. In :he last year, woolen goods were manufac tured in the diftricfl of Yorkfliire, taking Roch dale (a space of ground not more than 30 miles square) to the value of three millions four hun dred thousand pounds. ' A quantity of ambergris, to the amount of 360 ounces (which has since fold for 19s. per ounce) has lately been found in the head and body of one whale. _ Hitherto the whales were supposed to contain little or no ambergris, and the quan tity of this article brought to market was fai'd to be found floating on the furface of those seas where whales were supposed to reside. The par ticulars of this very ufeful and valuable dis covery have been attested before the pi ivy coun cil, and an account of it was 1 ead on Thursday night last at the Royal Society. Col. Smith, who was one of the aids-du-camp 814 to General Walhington, is now i n London and though he has not appeared in any public can city, is supposed, in foine measure, to s up | the place of an Envoj from the United States' 1 * Every one has heard of the voyage round th world, undertaken some years ago by M, p ' rouse, by order of the King of France, as wdi as of the misfortunes attending theftiipseinp] ed in that enterpi ife ; the crews of which having been heard of, for these last two yean from any part of the world, it is imagined the' may polfibly have been shipwrecked on some in. and. In this hope, an address was presented to the National Aflembly by the Society of Natural His toiy at Paris, petitioning that foine new velTets might be fitted out for the double purnofe 0 f seeking those unfortunate men, if they vet ex ift, and pursuing the fame researches in Natural History and Geography that the unfortunate Peyroufe was coinmiffioned to investigate. Mr. Pitt, ro his honor be it recorded, has made the proceedings in the trial of Warren Haflinos a government question, and the friends to the present administration will therefore fupportthe vote of the House of Commons when taken into consideration by the House of Lords. The mi miter, with the reft of the impartial part of man kind, thinks, that if it was justice to bring Mr Hastings to trial, it is but justice to finifh that ttial in a legal manner. The Duke of Marlborough's book of Gems is perhaps the most valuable that ever was publish ed—not so much for the fineneft of the printing as for the beauty of the copper plates. The book consists of two volumes, and contains roo engrav ings, all of them done by Bartalozzi. Only 200 copies have been worked off, and thev are so scarce, that ijo guineas have been offered for a copy. The Dnke of Marlborough has preferred all the crowned head; in Europe with a copy of his book, which has likewise been sent to the two Universities here, and the principal Academics abroad. The explanation of the plates is in La tin and French. Feb. 15 —24. M. Conde and Artois are still ab sent from Paris, and the former is fa id to be mak ing the tour of Italy, the latter to be stationed at Venice. They have refufed to comply with the decree which enjoins them to take the Civic Oath on pain of forfeiting their pensions; and this circiiiiiftMr.ce, with their removal from Ttr rin to the Southward, preserves the hopes of the Aristocrats that a counter-revolution will be at tempted. M. de la Fayette is nearly recovered, and is expected to appear soon at the Club dts Jacobins. Four millions due, though almolt upon a dor mant claim, to the family of Orleans, will it is supposed, be paid to the Duke by the National Aflembly, upon a condition, that it shall be ap propriated to the payment of his debts. The murderers ot the Abbe du Bois who was absurdly charged with a design of adaflinatiug the Count d'Artois, are to be tried in the ensu ing month. The Cardinal de Rohan, once so much the topic of conversation, has written a filly letter to the National Aflenibly, who will Ihew very lit tle resentment of his folly. The lare Archbilhop of Paris has sent a sedi tions letter to the press, which has been return ed by the Printer. Extratt of a letter from Petcrfourg y Dec. 22 " An authentic lift has been published here of the forces of the Ruffian empire, with a state ment of the lofles fuflfered, both by the land ar my and that of the sea, during the lafl three years. This loss, including the sick and deser ters, is estimated at 130,000 men. " The Ruffian army consists of four parts, the guards, the Campaign Troops, the Garrifonsand the Irregular Troops. The Guards amoanted to 9967 men, but the Swedilh war has reduced them to 5036 men ; the Campaign Troops were 48,441 cavalry, whom the war has reduced to 25,300; and 121,554 Infantry, which now amount to on ly 61,300. The garrisons, which were 103,226 men, are reduced to 69,100 ; the Irregular Troops were 127,000 strong, but now are reduced to 63,500. The army of the Empress, therefore, before the war, amounted to 409,978 men; her lofles amount to 223,180; but as above 100,000 recruits have been railed, the armv has not left above 130,000 men, and of course there still re main about 280,000 men at present." A cafe is said to be preparing; to be laid before the Royal Society, of a person in a severe paroxysm of the hydrophobia, who was effectually cured by oil, taken internally, and applied outwardly, as an unguent, for three days, without remission. Opinion of tile Judges on the protesting of bills. The court were clearly of opinion, that inland bills of exchange, drawn after fight, could not be protested for non-payment, as those only which were drawn afterdate were within 'l ,c words of the statute of King William, by which protests were introduced, and for which, it ex pressly fays, that sixpence only shall be taken. 1 he Court were also unanimouflv of opinion,
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