t'l .. ~ =: ~ " '~"~ : "*"' "'•■ ■1 ■ ■'" *'' "111 "■ ' '" ' ' I 11 ' ■ A NATIONAL PAPER, PUIipSHbD WEDty£SQAYS AND SATURDAYS BY JOHN FENNO> No. 34, NOPTH FIFTH-STftE&T, PHILADELPHIA. ' ~~ ,/" !"■ ' ' > f><t> (f\; . "■'/».,!) 1 Jim i i l,vyv- 1 ;'!" i, v . ,:i f . m f 11 111 /" "■ 1 '.'j""',' yy*' :' ■ [No. A :^->! F s*■" 1" : [Whol © .45'fsJ' FOR THL GAZETTE. TO TilE PEOPLE. HAVE the Americans a right to go a pri vateering agamft any nation, w-hile Ame rica is at peace wife all the world ? That they have 110 fiich right is declared by the President ; and the fudges of the supreme court are d.robtlefs of the tame opinion. Kut tlie-e is party in some of the States who sup port an opposite opinion. They contend that art American citizen may when he p eufies en ter 011 board a foreign privateer while the United States 1 afe at peace. When we con- Jider the conduct of this party in Philadelphia during the late trial of a privateer's-nun, the proofs of joy they afterwards exhibited, and the late publications that seem Xb have been made by some of them, indecent bevondd their usual efforts; when we consider also that the head of that party fcttnn to have appealed to the people'm oppofjtion to the fenfe'of the •executive, with the hope, as we mult Aippofe, ofcauftog infurrettions and overturning the government, it must be hig;h time for cvrrj citizen to consider the fribjeft fully and fay whether kw i« for war or pesice. Be not deluded my fellow-citizens by the icW? parade of wordy lawyers or frothy poli ticians, there is but one question before us.— It is the question of War or Peace—and the true object of all the privateer Vmen is d ge ruralWaj, whatever they may pretend to the contrary, for their measures tend to inevita ble war. You will be pleased to think on this subject an(i give your opinions. The argument used by the party in oppo sition to government, I do nos know whe ther they, are tifually called for the lake ot <lUlm&ion, pi ivateer's-men or Geneteens, is that a citizen of America, living in America, may when he pleases change his allegiance, that he may this minute be an American, and on the next minute, without change of place, he may, by a kind of hocus pocus or le&ev de main, be a French, an or a Dutch man. That being thus he may Chip him lie If ou board the armed fliip of Iris adopted foreign nation, he may go to. sea and plunder or take the (hips of people with Avhom the Americans are at peace, may bring thole lhips iqt" American ports and fell them a'; pood prizes. Le.t us trace the natural conclulions from this argument.— , French privateers tliey fay may be fitted in ! American ports and American citizens may j become Frenchmen in our towns. If part of the crew of a French privateer may be Ame ricans, nick named French, certainly the Whole crew may be of the fame class. If one man may purchase and fit out a vessel for eruifing against the trade of a nation with whom we are at peace, every other man .may do the fame thing. Our ship owners may be tranfrnufied into Freiichmen as well as ou/ teamen. In this cafe there may soon be fclty rtr an hundred privateers at sea, cruizing against ths trade of Spain, Holland, Jwvgland a«d Germany, mak'n&defcentsoo their iflinds or their European dominions, aivd plundering their ftibje&s. All tl*e prizes or plunder must come into the United States for the accom modation of the captors when they Iball think fK again t<* call tbemfelces Americans. It might so happen that not a finale man of afl this privateering armada had ever been in France—all of them birn in Amcrica and re taining the privileges of American citizens ; but the people of the United States are all this time supposed to be inofferfive and peace able ! Suppose any of the injured nations should complain that Americans had taken ■their veflels and (hould demand reparation, mirjfuhtile politicians are prepared with an an swer j—we are to reply that those Americans had changed their country, while they were cruizing, and we disowned them ? Would this, do you think, be a fatisfaftory answer ? Old Judiams make treaties of peace with us and •young Indians kill our fellow-citizens ; when we complain of the breach of peace, the blame is conftantjy ia»d, not upon people wbo ceafe«d to lie Indians, but upon di{orderlyyoung people; the nation do not make themselves anfwera b\e. The policy of out pi ivatter's-men is an -improvement on savage perfidy ; their out rages \rjll «urt be committed by aiforderiy peo yle of the United States,but bv frendirrm who <b<jd been Americans before they went oh Jboard and will be Americans when they come on fbore. Suppose wc should declare war to-morrow England, Spain and Holland, what is to be done ; it is generally supposed that our whole exertions must he confined to priva- sgainfl their commerce, bat this is the very th ner ©ur politicians would eifeft by their new fa/Kioned system of neutrality.*- T hie re would be no diiference in substance, finue ditferepice there might be in ftiadow.—- in one cate ve ihouki cruise with a striped cockle, in the otber cafe with a black one. In 01 tv cafe we fhottkt cruize under a falfe n:wiie, in the other cafe withotir proper name. S»ch a -did imftion mav be good for children at plwy. for sober men or for nations it is too coi. iciuptible to b* mentioned. in M n wivily a pity tfeat tbe property, the T7TT | J; i&V}sv:iv,'c'i ' jS. i.. ,!,7' I vfSfOfir 5 fteo W fee ifn3?ps«*td fry'St teW, ,f*riv < ' »».{, *fc* F ,a ft.« f »fi wlio K»M * to work arc delirousoj -Ahbing ,qa fiie rng.n I Rav' "* fiavv *tia 1 France 'wftl jlfttfy fertii* fii»lfe«fe^4tno»«fßrtia * rtis* d Vfft'liwi trfJlieutnJltM, but jehefei *er« > men are going to crui»e .*B%"s t[#j ,putcb T ai*l .fcnvw t?o ,e 0,1 ' oyr accoijijt fh« war than th? * FieiuMi; wliya'jes.gWititucte' tW H<ilTai|ri<.Vputi ii4 J (i«'ttrt?rij?®Strch ■' rtfcrv he* rrtifelMfotfto Wte'ftian wl»«'\vi(htn Jur an'icKUfcw IVi»i property "that, is; '*,1 1 njyri; by injtjir«i ?)*►"'>* they »ib 4 be. r*- , girded as intuit tqtojjjr;r-. Th?y. will ' not fail to di'covir that tiiey Wve been struck ■ by"Afi>erVcar>y. • 1 »*' "" ""* ', 'fiV* toWd'tny'fWiW'-tWizart'v r> ! We ititjfrfirmly frt dar flipoxteri ' agaSnftsthhtwicle' ol" privateering, 1»r rant ' ttes ni.jn of American Frcnch \ ▼e'oiuft go t" , >v?.r with . Spaiiij E«- i giand anff jtojtand.' 'If toil prefer ftea'ce' you wtfl'aft iscordi'rfgly. ! W * ~'. Mjto'Wßg • FOR THE CAZFJTf. , Mr. Fen.no, Please to give a place in your tfazeVt to the fo'low. ing ohfervatioru The Printers xu'w may have re publifked the piece*. Pacific us, are a/si requeued to re-puhhjh theft, and wiU w doubt be candid enough to do Jo. O £VERAL pieces with t'te (igrfature of Pa- O cific-js were lateJy puMi filed, whith have "been read with (angular and applftufe, by the foreigners and degenerate citizens a mong us, who hate our republican govern ment, and the ,French revolution; whilst the publication seems to have been too little re garded, or too mfcch despised by the steady fVier.ds to both. Had the do<Shines inculcated by the writer, with the natural consequences from them, been nakedly presented to the public, this treatment might have been propei. Their true character would then have (truck every eye, and been rejectee! feelings of eve ry heart. But they offer themselves to the rea der in the drefsof an elaborate differtattan ; they ate mingled with a few truths that may serve them as a paflporr -to .credulity $ and they are introduced with profeffions ol anxi ety for the preservation of peace, for the Welfare of the government, and for the re fpeft due to the parent heßd of the execu rive, that may prove a snare to patriot!fin. Ititbele difgut:fes they have eppeared to claim tlie attention 1 propose to lieftow on them; with a view to (hew, front the publi cation itfelf, that under colour of vindicating an important public act, of a chief magif trnte, whoenjoys Hie confidence and love of his country, principle 1 ! are advanced whirii ftrilpe at the vitals of its constitution, as well as at its honor and true interest. As it is not improbable that attempts may be made t<> apply inlinnations which are fel doni spared when particular pnrpoles are to be anfwercd, to the author of the ensuing »b ---fervation.», it may i»t be improper to pre mise, that he is a friend to the constitution, that he withes for the preservation of peace, and that the present chief magistrate has not a fellow-citizen, who is penetrated with deep er refpeft for his merits, or feels a purer so ltcitude for his glory. ' This declaration is made with no view of courting a more tavorable ear to what may be said than it deserves. The I'ole purpo'e of it is, to obviate imputations which might weaken the imprcffions of truth ; and wtiich are the more likely to be resorted to, in pro portion as solid and fair arguments may be wanting. The substance of the firft piece, lifted from its inconsistencies and its vague expressions, may be thrown into the following' propor tions : That the powers of declaring war and | making treaties are, in their nature, execp- ! tive powers : That being particularly vested by the con stitution in other departments, they are to be confrdered as exceptions out of the general grant to the execmtve department r That being, as exceptions, to be construed ; ftriftly, the p<»wers not ftri&ly within them, remain with the executive : That the executive consequently, a< the organ of iiltercoiwfe witn foreign nations, and the interpreter and executor of treaties and the law of nations, is autborifed, to ex pound all articles of treaties, thnfe involving quelt'ions of war and peace, as well as others; —to judge of the obligations of the ITrtWed States to make war or not, under any cafus federis or eventual operation of the cont raft, relating to war {» «and, to pronounce the Rate of things refuUing from the obligation- of the United States, a§ understood by the exe cutive : That in particular the executive bad au thority to .judge whetber in the ca4« ol th« ?' ; Number I, 513 » .(C *• .• ' ■){ : . "II ' «».«4»l«u|Nntnri blttWOMt Itif United ftfttM , .France, b«mnd by if to , «iW in the.war s ' ; * . . ? 'VTliat piliAiancfe «f : fferta-fitWity, decided tliat ihe United Stiates i *»•* A»t I>ound f»- Amt r " °i That its proclamation of the 22d of April i lafl, kto be taken as the efFect and exprefiion | of that decifioti. The basis of the reasoning : s, we perceive, the exttaordinary do&rine, that the powers j of making war and treaties, are in their na- | ture executive ; and therefore comprehended in the general grant of executive power, where not fpeciaUy and itii&ly excepted out of the grant. Let us examine this d'o&rine ; and that we may avoid the pofflbillty of miftating the writer, it fhallbe laid down in his own words : a precaution the more neccflary, as scarce any thing else could outweigh the improbabi lity, that so extravagant a tenet ihould be hazarded, at so early a day, in the face of the public. His xrftrds ate— 44 TRwo of [excep- qualifications to the executive pow ers] have been aJrendy .noticed —the partici pation of the Senate in the appointment of offi cers. and the making 0/ treaties. A third re mains to be mentioned—the right of the le gislature to dedare war, and grant lettets ej marque and riprifa/S' Again—'"Vdeferves to be remarked, that is the participation of the Senate in the mak ng treaties, and the power oi the legislature :o dec/art war, are exceptions out of the general recutivepower, veftcd In the Preficienr, they ire to be court rued jiri<7/v, and ought to be ex- ; rnded nofarther than izejfcntial to their exe rution." If there be any countenance to these pofi lions, it must be found e-ther I ft, in the wri ifcrs, of Authority, on public law ; o'r 2tl, in :he quality and operation of the powers to nake war and treaties ; or 3d, in the con di lution of <thc United Stares. 11 would be of little nfe to enter far into he? firft source of information, not only be- . our owil reason and our own conttitu ion, are the best guides ; but because a just malyfiK and discrimination vi the powers of government, according to tiieir executive, egiflative and judiciary qualities are not to >e expected in the works of the most receiv ed jurffts, who wrote before a critical atten ;ion was paid to rhofe objects, and with their eyes too much 00 mooarehical governments, vhere all.powe/s are confounded in the fovc eignty of the prince. It will be found how ever, I belive, that ajj of them, particularly W.olfius Burlamaqui and Vattel,fpeak of the lowers to declare war, to conclude peace, and 10 form alliances, as among the highest a&s )f tie sovereignty ; of which the legislative >ower must at least be an integral and pre eminent part. Writers,fuchas Locke and Montesquieu, who lave difcufled more particularly the principles if liberty and the ftru<sture of government, lie under the fame difadvantagc, of having writ ten before these fubje&s were illuminated by the events and discussions which diftinguifli a very recent period. Both of thein too are evidently warped by a regard to the par ticular government of England, to which one of them owed allegiance; * and the other pro feijed an admiration bordering on idolatry. Montesquieu, however, has ratherdiftingui/h ---ed himfelf by enforcing the reasons and the importance of avoiding a confufion of the several powers of government, than by enu merating and defining the powers which be long to each particular class. And Locke, notwithstanding the early date of his work 011. civil government, and the example of his own government before his eyes, admits that the particular powers in queflion, which, af ter some of the writers on public law he calls federative, are really dijiinQ from the executive, though alinoft always united with it, and hardly to be feperated into dijlinft hands,. Had he not lived under a monarchy, in which thele powers were united ; or had he written by the lamp which truth now patents to law givers, the last observation wbuld probably never have dropt from his pen. But letusqmt a field of research which is more likely to per plex than to decide, and bring the question to other tests of which it will be more easy to jud^e. 2. If we confidt for a moment, the nature and operation of the two powers to declare war and make treaties it will be itnpoffible not to fee that they can never fall within a proper definition of executive powers. The natural province of the executive mag'fttate is to execute laws, «is that of the legislature is to make laws. All his atts therefore, pro perly executive, must pre-fuppofe the exig ence of the Jaws to be executed. A treaty is not an execution of laws : it does not pre suppose the exifient e of Uws. It is, on the contrary, to have itfelf the force of a law, and to he carricd into exuulioty like all other * Tht-chapter on prerogative, Picks houi much tke rffon t>f the phi/ofipner uas by tU roy a-'ifm of tic kngltjhmj*. /aw.r 9 by the executive magi-jf?> To fay then that t'»e power of making treaties which are confefledly law*, belongs naturally to the de partment which is toe.xecute law-?, is to Fay, that the executive department naturally in cludes a legiflativc power. In theory, tiais is an absurdity—in practice a tyranny. The power to declare war is fuhjeft so si milar reasoning. A dfcclaratidn that there fliall be war, is nor an execution of* laws : it does not fuppofc pre-existing laws to be exe cuted : it is not in anv refpeft, an a& merely executive. It is, on the contrary, one of the moil deliberativea£ts that can be performed ; and when performed, has the etfeft of re pealing all the law? operating in a ft Ate of peace, so far as they are inconsistent with a state of war : and of enabling as a rule for the executive, a netvcode adapted to the relation be tween the society and its foreign enemy. In like manner a conelufion of peace annuls all the latui peculiar to a state of war, and revives the general laws incident to a state of peace. These remarks will be fireiVgthened by ad ding that treaties, particularly treaties ot peaee, have fofae times the efife<sl of Changing nor only the external laws of the fociery, but operate alto on t)»e internal code, which is purely municipal, and tQ which the legislative authority of the country is of* itfe'f compe tent and com pleat. From this view of the fubjeft it mnft be evident, that although the executive may be a convenient organ of preliminary commu nications with foreign governments, on the fubje&s of treaty or war ; and the proper agent for carrying into execution the final determinations of the competent authority ; yet it can have no pre ten (tons from the nature of the powers in question compared wirh the nature of the executive rruft, to that eflen tiaJ agency which gives validity to such de terminarions. It must be further evident that, if these powers be not iti their nature purely legisla tive, they partake so much more of that, than of any other quality, that under a confHtu tion leaving then) to r.cfult to their oiott na tural department, the legiflatuie would be without a rival in its cl-aint. £ The rejidut of this rtumber will appear in our next J F&H mE-^A2»tc£: f m l i • 1 Mr. F f.n Mo, I HAVE obfe-ved with fonie pTtafute fche 'gradual of certa : n terrtvs fefr merly irt lift? amongst U«*, invidioujly calculated todiftinguifh I'ome men, polfeHing met it in public stations, or eminently virtu ous in private life, iVom others, in whom those qualities are not To conspicuous, as.d having a dangerouk tendency to destroy rlriit equality without which we cannot be said to be jree* In the room of tlie-fe disparaging epithet*!, we have happily introduced other phrases Co congenial to the rpirit or freedom, that hay ing at the befl: no meaning at all, they may be moulded by a temporizing incendiaiy to the purposes, firft of m.fleading his followers, and, when his party becomcs ltrong enough, of bearing down his opponents. It is not without fatisfa&ion that I find the term Prefideut becoming so very offenfive to, some citizens, though I must con&fs, that my joy i 1? considerably abated on this occa sion, bv the mortifying lefletfion that few or none t>f the true citizens of the United States have Qtlopttd this or include in it, person of our chief magistrate—the rape of modern liberty having not, as yet, entirely destroyed that reverence for eminent talents and virtue which have heretofore been deemed neceflary In oor .rulers. I have unfortunately made use of the word magijlrate, and indeed, as matters are yet cir cumstanced—l could not well get over it it has an ugly found, and a more dejlrufrive meanivg char. Prefidenr, which tignifies no more in this country, ev£n jn the mouths of mo dern reformers than one man unanimouily chosen bv his feHow-cifizens to preside over a government rationally free and framed by themselves—by which his power and duty is unequivocally prescribed.—Whereas the other l>einfif applicable under various modifications to all governments y gives us a general idea of order, and the fhameful neceflity of fubmittHig to it.—An alarming idea ! which strikes at the very root of •* the plartit we have laboured to rear"—our darling mongrel exotic, J-iberty and Equality. But fear not my fellow-reformers—behold Avjiocral and Democrat coming to your aid—- these unmeaning giants fliall work wonder* for you.—The magical founds of Aristocrat and Democrat, in the mouth of any jug/er, fliall turn your chaff into wheat, transform an honed man a knave and a pimp into a patriot. t have msrMfcr Mmarked with ttrach de light, tb« advancement of our cult iM.tkc augmentation of our force* from V j udicio oi management of the vprdi »»d KenHmtn.—lf* a Virtuirul Aiherican, ants con feqfefttly a lover of Ftact and LBtrty, fltebld fpvfck ;n general termi M'*He fatal cafeHuitiat
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