Gazette of the United-States. (New-York [N.Y.]) 1789-1793, September 07, 1793, Page 529, Image 1

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K,NATIONAL■ P;4PEk\ PUBLISHED WEDNESDAYS A'tttP'SATrfflDA'
[No. 155 of Vol. IV.]
June 2b, iftfr
NOTICE ishercbV given, that piopotals will
be received at the office of the Secretai y of
the'Freafury, antil the fourteenth d*v of Sep
tember netft inclufivcly, for the supply 61 all
Rations which may be required for the uie of
the United Slates, froin the fir ft: day of januaiy
!o thethirtv-lvft day of Dccemoti 1791, both
days inclusive, at the places, and within the
diltri6h hereafter men'ioned, vis.
1. At anv place or places bet wixt York-Town
and Carlifl \ in the state of P nntylv*ma. and
Pi:i{burgh,& ai Prilburgh.Yoi k-town&CarlifUv
2. At any place or places from to
the mon h of Big B-javcr Creek, and at the .mouth
of Big Beaver Creik.
3. At any placc or places from the said mouth
to the upper fails of the said Braver, and at
the upper falls.
4. At any place or pTaccsfjnm tie said upper
falls to Mahoning, and at M lhoning.
5. At any place or places Irom the laid Ma
honingover to theHcHti ion of the riv£r
Cavahc'pa, and at the said Head Navigation.
6. At any placc or places from the said Head
Navigation to the month of the said rw'tt Cuya
hoga, and at the said mouth.
Jf. /\t (Uty -, 1 v - 'H places betwixt the
of the B»s Beaver Creefc, to the mouth of the
riv r Mnlkingum, and uo the said river to the
Tulcarowas, and at the Tufcaiowas, and thence
over to the Cavahoga river, and thence down the
said river to its mouth.
8 At any place or places betwixt.the mouth
of the river Mufkingum and the mouih ps the
Scioio river, and at the mouth of £Kc said river
Scioto.
g. At any place or places betwixt the mouth
of Scioto river Sc the mouth of the Great Miami,
at the month of the Great Miami, and llom
thence to the rnpids or the ialls of the Ohio, and
at the (aid rapids.
10. At any place of places betwixt tne mouth
of the Great Miami, up the said Miami to and
at P.que Town. J '
11. At any place or places Irom lortWafh
ington to Fort Hamilton, and at Fort Hamilton.
At any place or places f 1 0111 F<>rr Haiiwltau 10
Fort St. Clair, aod at Fort St. Clair.
12. At auy place or places from hort St. Clair
t.o Fort Jefferfon, and at Fort J»ffcrfon.
13. At any place or oiacrs hrpm tort
to tne field ol a&i<»n of the 4th of November,
1701, andjfrtthe fqij field oS atiion.
iVt wy place or places from fffe TaiH*7lc 'J
of a&ion to the Miami Villages, and at the
Miami Villages.
15. Ac any place or places from thefaid Ms
ami Villages to the tails of the Miartij »iver,
which empties into Lake Erie, and at the said
falls, and from thence to its in»>uth, and at its
mouth.
16. At any place or places from the mouth of
the said Miami river of Lake Erie to Sanriufky
Lake, and at Sanduiky Lake.
17. At any place or places f rom the said San
dufky Lake, to the mouth of the 1 iver Cayanoga.
jB. At any place or places from ih> mhuth ot
the said river Cayahoga to Prefque Isle, and at
Prefque Isle.
19 At any place or places from Prefque Isle
to the Itream running into Lake Erie trorn to
wards the Jadaghque L«ik(, and thence over to
and at the said Jadaghquc Lake,and thence down
the Alleghany river to Fort Franklin.
20. At any place or places from Prefque Isle
to Le Beuf, and at Le Bcuf
21. At any place or places from Lc Beul io
Fori Franklin, and at Fort Franklin, and from
ihcnce to Piulburgh.
& — —. . t
22. At iny place or places frcun the rapidst
Ohio so ihe mouth of th'* Wiihafii i ivrr, atU*
from the ipoutb oJ the said Wdbafh liver to the
ipouth of the river Oho.
23 At any place or places on the Eafl fide of
the river Mifiifiippi, from the mouth of the- Ohio
river, to the mouth o{ the Illinois river.
24. At anv place or plates from the mouth o:
the f a d Wabafh liver up to Fort Knox, and ai
Fori Knox.
25. At any place or places From Fort Knox up
the id VVabalh to Ouittanon, and at Ouittanon.
26. Ar anv place or places from OuUta»»on,
tip the laid Wabafh, to the head navigation of a
branch thereof calk d Liftlc River, and at the
said head navigation of Little R^ver.
27. Ar anv pla eor placrs itoni the fald head
navigation ot Little River over to the Miami Vil
hgr.
28. At any place or places from the mouth ol
the river Tetu ITee to 0< eochappo 01 Bear Creek,
on the said river, inclufwely
29. At any placc or places from the mouth of
the river Cumber hud to Naihville, on the said
river, and at Nashville..
3©. And at any place or places within thirty
miici ol faui Nailiviiie to the Southward, West
ward or Northward thereof.
Should anv rations be required ar any places,
or wirhin other ciftn&s, not ("peered in
propofaU, the pr.ee of the fame to be heiwftcr
agiec.<l on betwixt the public and the contractor.
The be fuppticd are ;o consist of the
following articles, viz.
One pound of, bread or flour,
One pound of brcf, or £ of a pound of pork,
One quart qf fa}',
Mwo quarts of (
~ , . , > per too rations.
Iwo pounds or loap, ( 1
Oik pound ot candles, )
The rattouf are to be fui oifheel in such quanti
ties as that there frail at all times, during the laid
term, be fufficicm tor the confumptton of the
7, • 1793.
-■<-j ■ . 1 . .r^' s «. ■ •».-
troop! of ilie said poits, so- the space ot at
lea ft 3 months in advance, in good and whole
fume piovifions, if the fame IhuH be required.
It i> to be ur\rlerilood in each cafe,that all loiTcs
fu'llamed bv the depredations df the eneiriv, or by
means of the troopsof the Unwed Stat; s, fbaH be
paid for at the pi tees of the articK s c&pimt d 01
defttoyed, on the demolitions vf two or inoie
creditable characters, and the r.ci t tficate of a
commi fTic.ned officer, afccrtainin£ the circum-
Aaucesof 1 he losS, and the amount <>f ttic articles
tor which compcnlation is claimed.
The contract for the above fuppiws will be
made ciltu-r for one y< ar, or 'or two y<.«*s, a* m«jy
appear rfigtble. Pe»fou% disposed to conlraft
will therefore confine ilu-ir oIFom to our ve»»r. or
Lhcy ni'iy nuktf their propofiuom f* as to admit
an rl:ftion ofthe term of two \e^rs.
The offers n»jy corn priCe all the piaces which
have been fpecjfied, or a part of them ou'v.
War Department, ;
. ' 4"g»P t 793-
INFORMATION is hr»chy Rtveti u> ail %
Military Inval'ds of the United that
t he ftims '.o which are iiftitltd frti fix'iiifrnths
of ihci'r « unit a) r'romtb? day <*f
of September next, will be paid oh the laid
day V»y the Coninnrtioners of the with
in the Stales relpe6lively under the ufua-1 regu
lations.
By Command of tlif
President 0/ fir United States.
H. KNOX, Secretary ut War.
Treasury Department,
Attguft io, 1793.
NOTICE is herefty given, thac ' Proposals
will toe received at the Office of the Se
cretary of the Treafurv, until the i4*h day
ojf September next inctufively, to fuimfli by
contract the following a titles of Cloathing,
for the use of the Uiiited States, viz.
4 .800 Flats,
5, h2 r J Stock';,
5,12.0 Stock-CJafps,
2 Shirts,
5,12:> V.efts,
5,120 Cojit-,
9,600 Woollen Overalls,
9,600 Linen d'-tto,
of Sln e ,
9.6 0 0 i> ilng of Socks,
5,120 Blaftkets.
320 Caps,
320 pairs of Leather Breeches,
6 df Boots,
320 pairs of Spurs,
640 pairs of Stockings,
1.520 Rifle Shirts.
The clouthing to be delivered at the city
of Philadelphia ; one fourth pai rof thp whole
number of fnits on or before the 15th of Fe
bruary, one fourth on or before the 15th of
April, and the remaining half on or before
the 15th of June, 1794-
Tha a riclomuft be agreeably to such pat
terns as fliall he directed by the Secretary syr
the'Dopa ; tmeut ps War.. Pavmenf will be
in.i'ic a.s soon as the whole of the articles ftiatl
have been deliver-d. ' eptl^S.
To the Public.
r Editor of the Gazette of the United
I. StaTk.S,propofes publishing the Paper,
Hauler that Title, every Evening, Sunday's
excepted.
To render it interesting as a Daily Publi
cation, it shall contain foreign and domeftir,
commercial and political Intelligence Ei
fays and Observations, local and general :—
Maritime information .—Prices Current ot
Merchandize and the Public Funds. Also a
fu miliary of the proceedings of Cong re ft, and
of the L?gifliture of this Slate with a
{ketch of Co'igreffional Debates, &rc.
Advertizing favors will be gratefully re
ceived.
TERMS.
To be printed on paper of the demv lize ;
but a larger lize lhall be substituted in Decem
ber next.
The price Six Dollars per Annum, to he
paid half Yearly.
When a fuSicient number of Subscribers is
obtained, the Publication (hall commence.
In the interim, t ie Gazette will be pubii/h
---cd twice a week as ufua'.—Subscript ons arc
refpeftfully solicited by the Public's humble
ferrant,
JOHN FENNO
%T Subfi rtbtions are received at the ( ity 1 avert,
South Second Stieet—by Mr. Dobfin, at the Stone
Houfe —by other perjons who are in pojje/jton oj Sub
scription papers. 4'"d bv the JLdito?, at his houje,
No. 34, Monk bijth.Street.
THE £DIT 0 R
MOST eatne/iiy requejti those 0/ his dijlanl Sut.
firibers who are in arrears for the Ouzeltc % to wake
pjfmeat as far, as po/fti>le.-rTh,</e perjons who hate
receivedfabfeription money on his account are dejtred
to remit the fame. The arrearages jo' the Gazette
hive atcumu'ated to a furious amount —ierioas, as
they are He out) refouue to very fernus
engJiremnts incurred in tkepiofeculion of tins e>-
feijivepublication. Philadelphia, Juae ib.
529
70V/* fktfttO, No. ,34. NOP! H FIFTH-STREET, PHILADELPHIA.
FOR 7 til GAZ&rVE.
HELVIDIUS—Ko. 1 IK
IN order to give color to a l i&ht in the K*-
ecurive to exercise the Le illative power
r»: judging whether t-Jiere be a caute ot' war in
a public ftipulation—»-two oilieV arguments
are fubjoinecl by the writer to that iaft exa
mined.
The-fiWHs- (imply this, " It is tbe right
and duty &f the Executive to judge of and in
terpret those aifities of rtuf treaties which,'
gfve to Fr'aivce particular privileges, in iwitr t
to Ha ejthtjc pHwUgrs" frail Which]
it is stated as a eonlctjjuenre,'that?
the Executive has Certain other amoiigj
which is the ri"hi in qu'ellion.' . , i
This aigqmeii? i? apfwe'ed Ivy a vcty, ott
vioiis diftipftion, lT|be si. ft l ight is. efrentittj
ti> she execu'ion ol the treaty as «t-late in opy
interferes witb.no riglic (nw'eftci) ijnj
another Department. The fei oncl is net ef-j
fcntial to the txecutinn of the treaty or, .any.
other law; on the .contrary tl>s article
which the riftht is «a,oiiOt a,s has
been jhcwn, from the very #ature of it be in
oW' 'f«! as *-Uu* li'refe-j
of the XegSflarae ; and-- *11 ttx? Uws lo
be enforced by the Executive remain in the,
mean time precisely t'x- (aire, whatever bej
the disposition 01 judgment of the Executive,'
This J'ccond right wouM alio interfere with a;
right acknowledged to be in the Legislative
Department.
If nothing else could fugge# this diftintf inn
to tie writer, lie ought to have been reminded
of it by his own words k< in order to the en
forcement of those privi)eges''~was it in or
der to the er>/or cement of the article of guaranty,,
that the right is alcsibed to the Executive ?
The other of the two arguments i educes, it
felf into the flowing form : The Executive
h:ts the right to receive public Ministers; this
right includes the right of deciding, j.| the
cafe of i\ revolution, whether the new go
vernment fending the M'nifter, ought to be
recognized or not ; and this again, the right
to give or refufo operation to pre-cxltting
treaties.
The power of the Legiflaturi
v *r and judge of the causes for
one of tire ffioft express and explii
of the Conflituticn.
of tff'ctf it by ftraincrl inferences, a r
potuericar or lingular occurrence^naturally
warns the reader of" lorr.e 'inking fallacy.
The word > of the Constitution are " he (the
Prefide'nt) (hall receive Ambailadorr, other
public Ministers and Ct»t)fuls." I fliall not '
undertake to examine what would be the pie
cife extent and efiert of this fun£t on in various
cases which-famy may suggest, or which time
may produce. It will be more proper to ob
serve in g'-neral, and every car.did reader
wil) second the observation, that little if any
thing more was intended by the claule, than
to provide tor a part cular mrde of commu
nication,•*/»»«/// grown into a right among mo
dern nations ; by pointing out the depart
ment oftKf Government, inoflf proper tor the
ceremony of admitting public 1 Mi h i Iter s, of
examining their credentials, and of authenti
cating their title to the privileges anexed to
their cfi irafter bv the law of nations. This
being the apparent design of the Conilitution,
it would be highly improper to magnify the
function into an important prerogative, even
where no rights of otbsr departments could
be affecfted by it.
To (hew that the view here given of the
clause is not a new conitru<stion, invented or
(trained for a particular occaiiou—l will take
the liberty of recurring to the coteniporary
work already quoted, which contains the ob
vious and original gloss put on this part of the
Constitution by its friends ant! advocates.
4< The President is also to be authorised to
receive Arnbafladors and other public Minif
te•«. This, though it has bien a rich theme
of declamation, is more a matter of
than of authority. It is a circninflance, that
will be without confcqup.cc in the adminidratiou
of the government, and it is far more con
venient that it (hould be arranged in this
manner, than that there (hould be a necefliry
for convening the Legiflatu.e or one of its
branches upon every arrival of a foreign Min
ister, though it were merely to rake the plate
of a departed Fed. yo!. 11-p. 237.
'Had it been to e'told in the year I 7&S when
t'ais woik was publlhtd, that hifoie the end
ot the year i 793» y writer, aSuxnine the 1112-
Of being a frieAd to the Collitution, would
appear, and gravely maintain, that tbis
fdncttOn, which was to be uiihont cot! fjmnce
ih the adniiniftrat on of the goven.ujent,
might have the con sequence of deciding on
tho validity of revolutions in favor of liber
ty, *♦ of putting the United States in a con
dition to become an afiociate in war/' —
nay 44 of layjrg the LcgyLuure urder an obliga
tion oi'declaring war/' what wquid,have been
thought and fatd of so virion a >-y a prophet ?
The moderate opponents of the Constitu
tion xvould probably have dtfo*ntd his extra
vagance. By the advocates cf the Constitu
tion. his prediction must have been treated
as 44 an experiment on public crcduliry, die
Tp endeavor t«
!?o
[Whole No. 45.).]
• "**i • ' ■ '
by-a inieMtio© jo 'V
c£i vt, or by the q\ crfiawiiiff* of a zi'al torn iii
tcnipe rare to be Viifttrnttofis.* ' ■ '*• :
But how does ir follow from tHe -ftmAfon
to receive Ambs3adwis and .other piib; : c
MiiVinevs that lo fcohfequeuti?! a
may be exeni-ed by fix- £xe£bt've ? Nyhen a
foreign JVTtniller prefer ts himself, two mirf
tions tlTi»iircH«(tely ari*e : Are i is oedenci'd 3
* roin the-ex ifting; and afStaiifc poive:lUliflnt of
hi"? country ? Are tl.ey properly a.nthent cated ?
These bejongot ueceflity to the Ex
ecutive ; but they involve 110 cognizance of
the queiiid;}, whether those exercising the
government have tVie light along with she
polTtitioM Tim bel«M»gs >0 the nation,' and
to the nation alone, on whom the govern
ment operates. The qnsltions before the
Executive merely (jueltions of fad; ai d
the Executive wotifd have precileiy the fatse
rn*ht, or father be undpr fame neeeflHy
of deciding them, if its fun<sV:on was (imply
to receive without any difcrcticti to rejcci pubHc
It i". evident, » iei'-e't>-c, thatjF
the Executive has a right to reject a public
Minister it must he founded on (ome other
confiders»tion than a change n the government
or the ueWne 1 . • >fir n nt ; and ton.
right to rcfu'e to acknowledge a
n?sw government cannot be implied by the
rignt to refute a public Minilk r.
It is not denied that there may be ca r es in
which a refpeft to the general principles' of*
liberty, the eTentiai rights of the people, or
the over-ruling fcntimeiit* of hiundnitV,tifight
J'eqirie a government, whether new or o!d,
to be treated as an ; .llegitiina*-e tie -otifir..
Such are in facl cii 'culled and admitted by the
moil - approved authorities. But they are
great aj.d extraordinary cases, by no means
Submitted to so limited an organ of t!ie na
tional will as the Executive of the United
Stares; and certainly not to be b'oii !<f, by
any torture of wo# ds, within the right to le
ceive Ainbaiiadorj}.
That the authority of the Executive doe?
not extend to question. whether an exilting
government to be recognized or ncft,
w 11 it ill more clearly appeal from an ex nti
nation of the next infeience of tne-writer, to
wit, that the Executive has a rift'.t to gve or
refine a&ivity and operation to pre-jgxiftirig
trvSrie <f.
If the e be a principle that not to I-e
questioned within the Uuited States, it
that every nation has a right to aboliih an old
government and eftabliJh a new one. This
principle is not ojijy recorded in every public
archive, written in every American heart,
and scaled with the blood of a host of Ame
rican inarrvrs ; but is the only lawful tej;u i e
by which the United States hold tlieir exiit
ence as a nation.
It is a principle incorporated with t !- >e
above?, that govern merits a e eihiMiflicd for
the national good and arc organs of the na
tional will.
From these two principles results a third,
that featies formed by tfcic government, a*, e
treaties of the nation, unleis otherwiie ex
prefied i.rf the treaties.
Another roiifeqijenee is that a nation, by
the right of changing the organ of
its will, can neither disengage it ft If front the
obligations, not forfeit the benefits of ifs
treaties. This is a truth of vast importance,
and happily reus with fuftice.it firir.r.els on
its own authority. To silence or prevent ca
vil, I insert however, the following extracts ;
4% Since then iuch a treaty (a treary not per
-44 fonal to the fovereig") directly Teiates to
44 the body of the State, it fiibfntjs though the
44 form of the republic happens to be changed,
44 and though it fliould even transformed
44 into a monarchy-—For the State aid th«
44 nation are always the fame whatever r.-han
-4< ges are made in the t'oriu of the govern
-44 ment—and the treaty concluded with tie
44 nation, remains in force as long as the
t4 nation exists." Vattel, B. 11. § 185 —
44 It follows that as a treaty, in twithftand
-44 ing t!ie change of a democratic govern
-44 ment into a monarchy, continues in force
44 with the new King, in like manner ; it a
44 monarchy becomes a republic, the treaty
44 made with the King does not expire on
44 that accou.it, un'efs it was manifeftly per
-44 fonal." Uurlam. part IV, c. IX, § 16,
A; a change of government then makes no
change in rhe obligations or rights of the
party to a treaty, it is clcar that the Execu
tive can have i>o more right to fpfpend or
prevent tiie operation of a tieaty, on ;.ccount
of the change. than to suspend or prevent the
operation, where no such change has happen
ed. Nor can it have any more right to sus
pend the operation of a treaty in foice an a
law, than to suspend the operation of aay
other law. /To be continued.J
Tonr.agc of Vessels which hate been entered at thi
(. ujl wi' Hvu/e. port oj (./lar/ejion, in the months oj
j.
'i ->1 D >-»-
16.368
12
2,»47
Fnrsii'n vefffls
Amei ican d.i.
Licenl'ed do.
X«ni
3>,-63
r-Jfrv . - - tJmii /
Ct«.
°S
18
86
8184
771
11 j
9,066