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.