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,