afih'ij fig; of tilings to give tracing to all within its jurifdittion to aWfam from acts' that (hall contravene those duties, under the penalties which the laws of the land (of which the law of nations is a part) annexes to arts of contravention. This, and no more is conceived to be the true import of a proclamation of neutrality. It does not imply, that the nation which makes the declaratiou will forbear to pel form to any of the warring pbwers, gny stipulations in treaties which can be performed, without rendering it an ajjociate or party in the war. It therefore does not imply i<i our cafe, that the United States will not, make those dif tinaions, between the present belligerent powers, which are stipulated in the seventh and tweuty-lecond articjes of our treaty with Frapce; because thele diftinftions are not incompatible with a Itate of neutrality : they will ill no ftiape render the United States . tin' ajjociate or party in the war. This must be evident, when if is considered, that even to furnilh determinate succours of a certain num ber of (hips or troops, to a power at war, in consequence of antecedent treaties having no par. ttcular reference to the extjlivg war, is not incon sistent with neutrality; a polition well e(ia bliihed by the doctrines of writers, and the practice of nations.* But no special aids, succours, or favors having relation to war, not politively and precisely stipulated by some treaty of the above description, can be afforded to either partv, without a breach of neutrality. In stating that the proclamation of neutra- Jitydoesnot imply the non-perfoimance of any ftip'-alations of treaties, which are not of a nature to make the nation an associate or party in the war, it is conceded, that an ex ecution of the Clause of guarantee contained in the eleventh article of our treaty of alli ance.with France would be contrary to the sense and spirit of the proclamation ; because it would engage us with our whole force as an xjjveiatr, or auxiliary in the war t it wou'd be much more tnan the cafe of a definite limited fuccoui, previously ascertained. It follows, that the proclamation is virtu ally a manifeftation of the sense of the go vernment, that the United States are, under the cinumjlances oj the cafe, not bound to execute the claule of guarantee. If this be a just view of the force and im port of the proclamation, it will remain to fee, whether the President in issuing it acted within his proper fpbeie, or stepped beyond the bounds of his constitutional authority and dutv. It will not be disputed that the manage ment of tho-affhirs of this country with fo reign nations, is confided to the government of the United States. It can as little be disputed, that a procla mation of neutrality, when a nation is at li berty to keep out of a war in which other na tions are engaged, and means so to do, is a vjual and a. proper measure. Its main objefl and ejfecl are to prevent the nation being immediately ufponjihle Jor acts done b\ hs citizens, without the • fnvity ot lonntvanee of the government in contraven tion ef the principles oj neutrality.+ An obje& this of tlie greatest importance to a country, whose true interest lies in the pre servation of peace. The inquiry then is, What department of the government of the United States is the proper one to make a declaration of neutra lity in the cases in which the engagements of the nation permit, and its interests require J'uch a declaration. A correct and well informed mind will dis cern at once, that it can belong neither to the Jegiflative, nor judicial department, and of" conrfe mult belong to the executive. The legislative department is not the organ ofintercourfe between the United States and foreign nations. It is charged neither with making, nor interpreting treaties. It is there fore not naturally thaj organ of the govern ment, which is to pronounce the existing con dition of the nation, with regard to foreign powers, or to admonifli the citizens of their obligations and duties as founded upon ,that condition of things ; flill less is it charged with enforcing the execution and obfe-rvance of those obligations and those duties. It is equally obvious, that the a& in ques tion is foreign to the judiciary department of the government. The piovince of that de partment is to decide litigations in particular cases. It is indeed charged with the inter pretation of treaties, but it exercises this fun&ion only in the litigared cases, that is where contending parties bring before it a fpecific controversy. It has no concern with pronouncing upon the external political rela tions of treaties between government and go vernment. This position is too plain to need being insisted upon. It niuft then of necessity belong to the exe cutive department to exercise the function in question, when a proper cafe for the exercise of it occurs. It appears to be conne&ed with that depart ment in various capacities—As the organ of intercourse between the nation and foreign nations— a* the interpreter of the national trea t:es in thrffe cales in which the judiciary is not competent, that is, in the cases between go vernment and government— as that power which i% charged with the execution of the laws, of which treaties form a part—as that wiiich is charged with the com mand and application of the public force. This viev>.of the fubjeft is so natural and obvious, so analogous to general theory and practice, that no doubt can be entertained ot its justness, tmlefs such doubt can be deduced from particular provisions of the constitution of the United States. * $He Vat el, Beak 111. Ch. 6. Sec. toi. 4 Seel'at el Book 111. Chap. 7. Sec. 113. L?t u~> f?? then if cauftf for such doubt is to be found in tj)ftt constitution. "The article of the co'nftitution of the United States, ffe&ion firft, establishes this general proposition, that 44 the executive power fliall be belted in a President of the United States of America." The fame article in a succeeding fe&ton proceeds to delineate particular cases of exe cutive power. It declares among other things, that the President fha.ll be commander in chief of the army and navy of the United Srates, and of the militia of the several Rates, when called into the actual service ot the Uni ted States ; that lie fliall have power, by and with the advice and consent of the Senate, to make treaties; that »t shall be his duty to re ceive ambalfadors and other public ministers, and to take care that the taws be faithfully executed. It would not conlill with the rules of found confhu&ion to confjdcr thia enumeration of par ticular authorities as de>ogatmg fiom ihc more comprehensive grant contained in the general clause, further than as it may be coupled with express rcftri&ions or qualifications; as in re gard to the co-operation of the Senate in the ap pointment of officers and ihe making of treaties ; which are qualifications ofthegeueial executive powers of appointing officers and making trea ties: because the difficulty of a complete and perfect fpecifir.ation«ot all the cases of executive authority, would naturally di£late '.he use of general terjns, and would render it improbable that a fpecifi cation of certain particulars was de fined as a substitute for ihofe terms, when an tecedently used. Yhe different mode of expfef fion employed in the conftuution in regard to the two powers, the legislative and the execu tive. serves to confiim this inference. In the article which grants the legislative powers of the government, the exprrlhons are, 44 All legislative powers herein granted, fliall be vejled in a Longrefs of the United States." In that which grants the executive power, the expreflions are, as alieady quoted, 44 The executive power shall be velled in a Prefidenc of the United Stales of America." The enumeration ought rather thfwffore Id ba considered as intended by way of greater cau tion, to foecify and regulate the principal arti cles implied in the definition of executive pow er : leaving the reft to flow from the general grant of that power, interpreted in conformity to other parts of the constitution, and to the principles of free government. The general do&rine ot our constitution then is, that the executive power of the Nation is vefled in the President; fubje& only to the exceptions and qualifcations which are exprefled in the inftrumerit, Two of these have been already noticed—the participation of the Senate in the appointment of officers, and the making of treaties. A third remaim to be mentioned—the right of the legif- lauire " to declare war & grant letters of marque and reprilal." With these exceptions the t x ecutive pow er of the Union is completely lodged in the Prefiderit. This mode of construing the consti tution has indeed been recognized by Congress in formal a&s,upon full consideration and de bate. The power of removal from office is an important And since upon general principles, for reasons already given, the lifurng of a proclamation of neutrality is merely an ex ecutive ast; since also the general executive power of the Union is veiled in the President, the conclusion is, that the step which has been taken by him, is liable to no jult exception on the score of authority. It may beobferved that this inference would be just, 'if the power ol declaring war had not been vested in the legiflatiire, but that this power naturally includes the right of judging, whether the nation is under obligations to make war or The answer to this is, th®t however true it may be, that the right of the legislature to de clare war, includes the right of judging whether the nation be under obligations to make war or not, it will not follow, that the executive is in any cafe excluded f/om a similar right of jodg mcnt in the execution of its own fun£lions. If the legislature have a right to make war on the one hand, it ?s, on the other, the duty of the executive to preserve peace till war is declared ; | and in fulfilling that duty, it mud neccrtarily j poflefs a right of judging what is the nature of ' the obligations which the treaties of the coun try impose on the government; and when in pursuance of this right it has concluded, that there is nothing in them inconsistent with a state of neutrality, it become* both its province and its duty to enforce the laws incident to that state of the nation. The executive is charged with the execution of all laws, the laws of nations as well as the municipal law, which recognizes and adopts thole laws. It is consequently bound, % by faithfully executing the laws of neutrality, when that is the state of the nation, to avoid giving a eauie of war to foreign powers. This is the dire£l and proper end of the pro clamation of neutrality— It declares to the Uni ted States their situation with regard to the pow er? at war, and makes known to the coihmunity, that the laws incident to that situation will be enforced. In doing this, it conforms to an established usage of nations, the operation of which, av before remarked, is to obviate a re sponsibility on the part of the wholefociety,for secret and unknown violations of the rights of any of the warring parties by its citizens. Those who ©bje£t to the proclamation will readily adinir, that it is the right and duty of the executive to judge of, or to interpret, those articles of our trcati< s which give to Fiance par ticular privileges, in order to the enforcement of tbofc privileges : But the neceflary confe quenreof this is, that the executive mud judge I what are the proper bounds of those privileges— what nghis are given to other nations by our treaties with them—what rights the law of na ture and nations gives and our treaties permit, in relpeft to those nations with whom we have no tieaties ; in fine, wha- are the reciprocal rights and obligations of the United States, and of all and cach of the poweis at war. The right of the executive to receive ambaffa- Jors and other public miniftcrs, may serve to il-. uftrate 'he relative duties of the executive and legifla-ive departments. This right includrt that oi judging, in the cafe of a revolution of 451 government in a foreign country, whether (he new ruK.-;s are competent ocgatfs of the national w 11, mid ought to b lecogiiized ov not: And v here a tie<ay antecedently exilts between the United Siates and luch nation, that right uWolves the power ol giving operation, or not, to (uch treaty. For until the new government is acknow ledged, the treaties between the nations, as tar at lealt as regards public rights, are of coutfeiuf pended. This power of determining virtually in the cafe supposed upon the operation of national treaties, as a consequence of the power to re ceive ambassadors and other public ministers, is an important instance of the light of the execu tive to decide the obligations ot the nation wuh regard to foreign nations. To apply it to the cafe ot France, it there had been a treaty ot alli ance offenjxvc and defenfive between the United Statr» and that country,the unqualified acknow jedgjnen* of the new government would have put the United Stiles ttt a condition to become an in the war in which France was en gaged— and would laid the legislature un der an obligation if required, and there was othtrvife no valid excufe,of exercifiug its power of aeclaring war. This serves a« an example of the right of the executive, in certain cafes,to determine the con dition of the nation, though it may consequen tially affect the proper or improper exercise of the power of the legislature to declare vrar. The executive indetd cannot controul the exercise of that power further than by its exercise of its ge neral right of objecting to all a6U of the legifla tui* ; liable to being overruled by two-thirds of both houses of Congress. The legislature is free to perform «its own duties according to its own sense of them ; though the executive in the ex ercise of its conftituiional powers, may eflablifh an antecedent state of things, which ought to weigh in the legislative decisions. From the division of the executive power, there results t in reference to it, a concurrent au thority in the diftributcd cafcs. Hence in the cafe ftattd, though treaties can only be made by the President and Senate, their a&ijvity may be continued or suspended by the Present alone. Noobje&ion has been made to the Preftdeni's having acknowledged the Republic of France, by the reception of its minister, without having consulted the Senate ; though that body is con nefled with hini in the making of treaties, and though the consequence of his ast of reception is to give operation to the treaties hereio f ore made with that country. But he is censured for having declared the United States to be in a Date of peace and neutrality with legard to the powers at war ; hecaufe the right of changing that (late and declaring war belongs to the legil lature. It defcrves to be remaiked, that as the partici pation of the Senate in the making of and the power of the legislature to declare war, are exceptions out of the general " executive power" veiled in the P/efidcnt, they are to be construed ftriftly, and ought to be extended no further than is eflential to their execution. While therefore the legislature can alone de clare war, can alone actually transfer the nation fiom a state of peace toa ftateof war—it belongs to the 11 executive power" to do whatever else lUc ]*W3 of nations, co-operating with the trea ties of the country, enjoin in the intercourse of the United States with foreign powers. In this distribution of powers, the wisdom of our constitution is manifeftea. Jt is the pro vince and duty of the executive to preserve to the nation the blcflings of peace. The legifla t»re alone can interrupt those blessings, by plac ing the nation in a ftateof war. But though it'has been thought advifeable to vindicate the authority of the executive on this broad and comprehensive ground, it was not ab fokitely necessary to do so. That clause of the conilitution which makes it his duty to "take care that the laws be faithfully executed," might alone have been relied upon, and this simple process of argument pursued. The Pfffidcnt is the constitutional r. x ecu tor of the laws. Our treaties and the laws of na tions forma part of the law of the land. He who is to execute the laws, must firft judge for himfelf of rheir meaning. In order to the ob servance of that conduct which the laws of na tions, combined with our treaties, prescribed to this in reference to the present war in kut'ope, ir w<*» necefTtry for the Prelident to judge for himfelf, whether there was any thing in our treaties incompatible with an adherence to neutrality. Having judged that there was not, he had a right, and if in his opinion the interests of the nation required it, it was his duty as executor of the laws, to proclaim the neutra lity of the nation, to exhort all persons to ob serve it, and to warn them of the penalties which would attend its non-obferv««nce. The proclamation has been represented as en a&ingfome new law. This is a view of it en tirely erroneous. It only proclaims a fait with regard to the exifiingjlaU of the nation, informs the citizens of wh««t the laws previously ellab 11fHed require of them in that state, and warns thein that thefc laws will be put in executiou against the infra&ors of them. Philadelphia, June 29 AbJirtH oj fuithcr European Nezcj. Seven thourand Engliih troops have arriv ed at Oftend—lt is expefteri that Dunkirk will be attacked—The extent of territory which his Majesty the King of Prussia has ac quired io Poland, is estimated at lopo square leagues ; with a population of twelve or thir teen hundred thousand fouls—The Pollfh No blemen at Vienna are set out to pay homage to the Empress and the King of Pruilia—lt is reported that the French minillryare taking nieafures to detach Great-Britain from the general combination of powers—A Spanish (hip, the N. S. de la Conception, from Vera C'UZ, taken by the French privateer Dumou rier, K retaken by the Achilles privateer of Weymouth, anA carried into Baltimore, in Ireland —this is another Regiftei Ship, which was taken in company with tUat re-captured by the Ph*ton Frigate—The bank of England difcotmteri in one d i v , Vi, ; K f - 10'V!*r <;i twelve hundred t!;ouland pound*-— j be iiiJii Catholic convention have voted an addre:s o* thanks to the-King, acknowledging their gra titude for his generous recommendation, by which they have received substantial benefits from the wisdom and liberality of Parliament —also an addtefs to the Lord Lieutenant— they also voted 2350.1. for a petjeitrian ftattie of the King, and donations to j'undry of their friends—After exhorting their brethren to join in every conftifutional mode o* promot ing a Parliamentary reform, they concluded by declaring that they now look upon tnt-'in feives as freemen—farad rheo d <fok*d tile convention. The Custom H >use Revenues ( r ays an Irifti paper) of tlie port of London have fallen in che month ending the 25th April, fifty per cent! The communication between France and Oftend was wholly flopped the sth May. The French in their late attack on ti»e Ac ftrian lines made great Havoc in the prince de Ligne's Regiment. The Englifti and Ha noverian troops under the command of the Duke of York it appears have been in some of the late engagements with the French. —A. number of valuable captures have latel> been made by the French privateers from the En-, glilh and Dutch. On a motion for receiving a petition from the town of Birmingham rel pe&ing; a Parliamentary reform, Mr. Pitt was in the «iajority for receiving the fame. The partitioning of Poland by the Empress and King of Prussia is a measure that meets with general execration. The Snow Pallas, Capt. Avery, arrived at New-York iaft Monday afternoon, from Lon don. Advices by this velfel are to the May. The May Packet is also arrived at New- York, from Falmouth, but brings no intelli gence later than has been already pubKflicd. The Ship Laurens of Chark-fton, South- Carolina, bound to Loudon, was taken by a French privateer carred into jfiavre-de- Grace, on suspicion of having Bririth proper ty on The ca r e of thh velTel having been investigated by the Court of Commerce at Havre, it was decreed that the ship should be restored to her Captain and owners—and the owners and Captain of the privateer was condemned to pay all damages. Governor Moultrie of South-Carolina, has iflWd a proclamation, prohibiting all veiTe's from the windward Iflards from immediately proceeding to the city of Charfcfton, or until they Jiave been previously examined ; this or der is in eonfequence of information received that a peflilential disease has lately been pre valent inGrenada and other Weft-India iflauds to windward. Preparations are making in almost all parts, of the United States for a splendid celebra tion of the great American Anniversary, the 4th July— Hail the day ! its triumphs tell, Then the pow'r of Dejpots fell — Raijetoferaph Jlraim the /ay, This is freedom's Holiday 1 The militia guard which had been put on board the prize Ship William, was on Tucf day last removed, and the veflel delivered up to the captors—the Pre fid exit of the United States having, it is said, previously decided the question relative to her capture. A French merchant fliip, mounting 4 cannon, 4 swivels and 2 blunderbuflcs, is arrived at Bal timore, after having beat off an Englilh priva teer Hoop mounting 10 or 12 guns. By recent information from the Southward, it appears that only four towns of the Creek nation are hofttle to the United States. In the demolition of these towns, the Creek Chiefs fay they are ready to co-operate with the whites. The old American Company of Comedians, are arrived in town from New-York, we hear, the Theatre is to be opened the beginning of next week. Extratl of a Utter from a Captain of a vejfel at Falmouth, dated April 28. ci There is a very hot press here but not a man taken from any of the American vefieU."' An India paper of the 29th Dec. printed at Calcutta—contains a melancholy account of the fate of Mr. Munro—only son of Sir Hec tor Munro—«-who loft his life by a Tyger.— Mr. Munro and some others had landed on Cox's Island to divert themselves with (hoot ing deer—having fatigued themselves, at half past 3, P. M. they fat down on the edge of a jungle or thicket, to eat some cold meat— when a royal Tyger sprung on them from the buflies, seized Mr. Munro, who happened to be fitting down, by the head, and ran oil with him as easily as a dog would with a kitten.— Three /hot were fired which wounded the beast, who dropped his prey, but so horribly mangled that he died in great agonies 24 hours after. The Tyger was foppofed to be 9 feet long and about 4| feet high. PACIFICUS. By an A& of Congress, passed at the lad ses sion, the Gold Coins of England and Portugal, are to pass at the fame rate as at present, after the firft of July—that is, 89 cents the penny weight. But the Gold Coins of France and Spain, and the dominions of Spam, will from that period pass at the rate oi 87 cents the pen nyweight. Married, at Shirley, Virginia, his Excelltney Henry Lee, to Miss Ann Carte*., daughter ot Charges Carter, Esq. ARRIVED*/ the PORT oj PHI LA DEL PHI A. Ship Fame, Blunt, New-H.^mpfhire Brig Houlbrooke, Hughes, Gibraltar Charlotte, Pride, Liverpool Schr. Recovery, Fortefcue, Trintdada rwoStftria, Post, Xev.-p i.vultriLe Nor:is, Cape- Fran.-ois Freedom, Cooper, St. Croix PRICE OF STOCKS. Slooi 6 per Cents, , , 7 / 7 3 perC-nt», s /,o Deferred, io j 2 full ihares Bank U. S. 5 per ctat. a^r, f.
Significant historical Pennsylvania newspapers