I ton rm. c.ii-rie. HFLVrpH 11. £Con'imed/ram our ft*per of Saturday U/t^] r pHE logic employed T>y the writeV oil this pccafton, will b* best underflot d by accom modating to it the language of * proclamation, founded on the prerogative and-pokey of fuf* pemding the treaty with France. Whereas a treaty was concluded on the day of between the United' States and the Ffench nation, through the kingly government, whlclf then the organ will: And whereat the said nation hath since exercised its right (no wife abridged by the said treaty) of changing the organ of it* will, by abnlifhing the ■ said kingly government, as inconflflent with the rights and happinef- of the people., and efta blifhinga republican in lieu thereof, as most fa vorable to the public happihefs, and best suited to the genius of a people become sensible of their rights and alhamed of their chains: And whereas,by the conftitncion of th United States, the executive is authorised to receive ambafla dor#, other public mwifters and consuls: And whereas a public minister, dujy appointed and commiflioned by the new Republic of France, • hath arrived and prefeotcd himfelf to the execu tive, in order to lie received in his proper cha ra<fter: Now be it known,'that by virtue of the said right veftbd irt the executive to receive am bafiadors, other public minillers and consuls, & of the rights included therein, the executive hath refufed to receive the said minister from the said republic, and hath thereby caused the a&ivity and operation of all treaties with the French na tion, hitherto in ferce 'as fuprerne laius of {he landy to be lufprnded until the -executive, by taking off the said fufpeniion, ftiMi revive she feme; o£-which, all perfom concerned are to take n tke, ta theif "irt r bi<'v/ j t i The writer, as if beginning to feel that he was grasping at more than he could hold, endea vour?, all of a fudden,to squeeze his doctrine in to a Tmaller and a less vulnerab'e shape.—» The reader shall fee the operation in his own words. u And where a treaty antecedently exists between the United States and such nation (a nation whose government has undergone a revo lution) that right (the right of judging whe ther the new rulers ought to be recognized or not) involves the power of giving operation or not to such treaty. For until the new govern ment is acknowledged, the treaties between the nations, ai fur at leojl as regards public rights % are of tourfe suspended." This qualification of the suspending power, though relu&antly and inexplicitly made, was prudent, for two reasons; firft, because it is pretty evident that fri*ate rights, whether of judiciary or executive cognizance, may be carri ed into effu& without the agency of the foreign government; and therefore would not be fufj pended of course by a rejr&ion of that agency. Secondly, because the judiciunj, being an inde pendent department, and a6Hqg under an oath to purfne the law of treaties as the supreme law of the laad, might not readily follow the execu tive example, and a right in one expositor of trea ties, to consider them as not-in force, whilst it would be the duty of another expositor to confkief them as in force y would be a phenomenon not so easy to be explained. Indeed as the do&rine (lands qualified, it leaves the executive the right of fnfpcnding the law of treaties in relation to fights of one description, without exempting it from the duty of enforcing it in relation to rights oranother description. t But the writer is embarked in so unfnundan argument, that he tfoes not save the reft ps his inference by this facrifice of. one half of it. It is fiot trite, that all public rights .are of courie suspended by a refufal to acknowledge the, go vernment, or even by a fufpenfioji.of the govern ment. And in the next pUce, the right in question does not follow flf.m the neceflary sus pension of public rights, in canfequence of a rer suss.l to acknowledge the government. Public rights are of two forts; those whiclj require the .igency of governments,thofe wlucfc may be carried into efjeel without that ag?nc 1 /, . As public rights are the rights of the nation. not of the government, it is clear that wherever they can be made good to the nation, without the oflicp of government, they arc not suspend ed by the want of an acknowledged govern ment, or even by the want of an existing go» vernment; and that there are-important rights of this description, will be illustrated by the following cafe: Suppose, that after the conchifion of the trea ty of alliance between the United States and France, a party of the enemy had surprised and put to death every member ofcongrel's; that the octafion had been used by the people of A • merica for changing the old confederacy into such a government as now exi(ls„ and that in the progrefsof this revolution, an interregnum had happened. Suppose further, that during this interval, the dates of South-Carolina and —- Georgia, or any other parts of the United States, hid been attacked,and been put into evident and imminent danger of being irrecoverably loft, without rhe interpoficion of the French arms; is it not manifcfl, that a« the Treaty is the Treaty of the United States, not of their government, the people of the United States could not forfeit their right to the guarantee of their territory by the accidental fufjieiifion of their govern ment; and that any attempt, on the part df France, to evade the obligations if the Treaty, by pleading the suspension of government, or by refufmg to acknowledge it, would justly have been received with universal indignation, as an ignominious perfidy ? With refpeA to public rights that cannot take rfTrc} in favour of a nation without the agency of its government, it is admitted that they are fiifpended of course whfie there is no govern mem e*iAeftet, an.! a rffufal to re- mtt <XiHmj» giovernriJert.' Sut uo in favour to Intend the ope ujatiftn of lyrc&ies, can either ■ale. }Vhcre exiftenjre of the government isfufpentledv it m a hsCestf neCciSiy would be a cai'r happening withau? the a& of tke «*c- C*tive, and eonfequcrttly could prove nothing for or"againfl. the right. In the o'ther cafe, to wit, of "a refufal by the . executive t* recognise an cxijliug government, - however cetcain it maybe,-tnat a Cuipenfion of some of the public rights might epfue, yet,it is equally certain, that the tefuW would be with out right or authority; and that or authority could be implicd*or prptf £he unauthorised a<st. If a right to da lfr»ateyer might bear an analogy to the necessary conle- i quence of what was done without right, could be inferred from the analogy, there, would be no other iimit to power than the limit tQ its in genuity. Tt is no answer to fay that it may be doubtful whether a government do<? or does noyt exilt; or doubtful which may be the existing and a<s - Government. The cafe stated by the wri ter i», that there are existing rulers; that there i an acting Government ;..but that they are new rulers; and that it is a new Government. The full reply, however, is to repeat what has been already oljferved ; that flueftiows of thi& fort are mere questions of f.i&j us such only, they belong to the executive ; that they would equal ly btiong the executive*. if it was tieddown to the rtception of public ministers, without any diferetion to receive or reje& them; that where the fail appears to be, that no government ex lfts, the confeqnenrial suspension is independent of the executive; that where the fa<st appears to be, that the Government doesexift, the execu tive nitdl be governed by die fa&, a*d can have no right or difcrecion, on account of the date or form of oho Guven*£?te;?fc, •"> p-Tuft so ac- either by reje<shng ltfcpfific mi nister,. or by any other step taken <*n that ac count. If it does icfufe on that account* the refufal is a wrongful a<ft, and can neither prove nor illustrate a rightful power. I have spent more time on this part of the difcufiion than may apsear to some, to have been requisite. But it was considered as a pro per opportunity for presenting some important ideas, conne&ed with the general jArtajeA, and it may be of life in (hewing how very fuperfi cially, as well as erroneously, the writer has treated it. In other refpeilsfo particular aninvefligati on was iefs necessary. "For allowing it to be, as contended, that a fufperifion of treaties might happen from a consequential operation of a right to receive public minifrcts, which its ail express right veftcd by the constitution < it could be no proof, that the fame or aftmilar effe<sfc cOuld be produced by the dirc& operation of a conjiruc five power. Hence the embarraflfments and grbf? contra dictions of the writer in defining, and applying his ultimate inference from the operation of the executive power with nrini tlers. \ At firft if exhibits an " important • instance of the right of the executive to decide the obli gation of the nation with regard to foreign naf tions," v> R.ifit)g from that, it confers on the a right " to put the United States in a condition to become an associate in war." And, at its full authorises the execu tive " to lay the legislature under an obligation of declaring war." From this towering prerogative, it suddenly brings down the executive to the. right of " con- Jfjkrt:ti*iliy ujj\ cling the proper or improper ex ercise of the power of the legislature te declare war. And then, by a caprice as une*pe&ed as it i$ sudden, it espouses the cause 01 the legislature ; rescues it from the executive right " to lay it under an obligation of declaring war"; and aftwrts it to be "free to perform its own duties, accord ing to its own sense of them," without any other eontrdul tjian what it is liable to,in every other legifhtive ail. The point at which it reft,is, that «' tlit executive in the exercise of its conjlh tutional fo-wc i, may eftabliih an antecedent (late of things, which ocght to -weigh in thelegjflative dttijions ; a prerogative which will import a great deal, or nothing, according to the handle by which you take it; and which, at the fame time, you can take by no handle that does not clalh with some inference preceding. If " by weighing in the decisions" be meant having an influence on the expediency of this or that decision in the opinion of the legisla ture ; this is no more than what every antece dent (late of things ought to have, from whate ver cause proceeding; whether from theufeor abuf of conflitutional powers, or from the ex ercise of conflitutional or aflumed powers. In this sense the power to eftabliih an antecedent (late of things is not constituted. But then it is of no use to the writer, and isilfoin dire# con tradiction to the inference, that the executive may " lay the legislature under an obligation to decide in favor of war. If the meaning be as is implied by the force of the terms « conflitutional poyv;V" thjt the antecedent (late of things the exe cutive, pught to have a coifitutional Height with the legislature : or, in plainer words, imposes a conjlitutional obligation on the legislative decifwnl, the writer will not only have to combat the ar guments l.y which such a prerogative has been disproved . but to reconcile it with his lad con ceflion, that "the legislature is free to perfoim Its duties according to its own lince of them." He miift (hew that the legislature is, at the fame time, conjiitututianally fr:e to purfxe its own judgment and conjlitutionally bound hy the iuihment of tlx executive. ' " 534 Foreign Intelligence. FRANCE. NATIONAL CONVENTION* JUNE 20. B4RRERE, in rhe name of the committee of public fafety, made a report refpe&ing the trou bles in Oorfica. " The whole island, fai<3 he, is in a (late of coijnter-re volution, and your commillioneis have been obliged to act on the de fenfive in the maritime parts of the republic, which yet remain faithful. You recollecft the decree againlt Paoli ; perhaps it was impolitic ; and although you suspended the ex ecution of it, Paoli found means to interefl the inhabitants in his favor, by making them believe you would give them up to the Genoese, whom the Corficans dread and abhor; or that you would crown theci devant Dtike of Orleans, who is equally de tested by the Corficans, who Inve li berty, although they have been led oftray by Paoli and the priefls. Your fW(> commiffiorers, Amibonl & Baux, have been flopped at Aix, in the name of the federative republic of the louth. The following letter fr<gp your cojliirifljoners at $aftia, jilXftrfica, ( d*lte<l from that town, June 27, will more fully explain to you tlie trou bles in this island : Letter from the Gomm'tjfionirs. " All is loft—the counter-rev«vlo tion is compleated. Paoli is named generaliflimo, that is to fay, sove reign of the island. The clergy have been reinstated ; the emigrants have re entered. Paoli, under the malk of religion, has abased himfelf to be eletfted President of the con fulta (an extraordinary convocation of all the deputies of Corsica) : the inhabitants have been led astray, relpecting the situation of France, and the intentions of the conven tion. The iiiifurgents are armed to the number of 1000, or 1200, and maintain theinfelves at the expence of the republic. They have leized on the stores and treasure, and those who (how attachment to the French republic are shot The towns in the interest of the republic, are de clared rebels, and are kept in awe by Itrong garrifoiis placed in them. Paoli has published a writing against the Convention, whom he calls the agenrsof the Genoese. St. Floient, Baftia, and Calvi, are still in the re publican interest, and well garri soned with republican troops. " The confulta opened on the 26th May. Paoli was declared Pre lident, Leonardo Vice-Pi efident, & Pozi di Borgi Secretary. " Paoli has published a pretended letter from Marseilles, which,among other things, aliens, that all the communes ps France have declared themselves in infurretftion against the capital. (Signed) " Dalcher, Comm'r," Comho.n.—" Do you not fee, that Paoli holds the fame language in Corsica, as Gaudet, Vergniaux, Gen- I'onne, and other confpiratorsdid in the Convention ? It is time that France fhonld know who are her friends." Lacroix —" Couthon have said more. There exists a document in the committee of public fafety, in which a conyerfatiori is repre sented to have taken place on the fir ft of April last, between Dumou rier and the Prince de Cobourg ; in which the latter prop ifed, that Ma rat ftjou'.d be declared in a ilate of arrest, the primary assemblies be convened, and the Convention tranf ferred to some other place than Pa ris. It is worthy of remark, that in this month propositions of a "similar tendency were made in this afl'eun bly, by Gaudet, Genfonne, Jtfriflot, and others, whom you have declar ed in a state of arrest." , Barrere.— " Your coinmiuee has charged nie ro present you ihe pro ject of a decree, which ought 10 be carried into immediate execution. Your committee h*s thought fit to calhier tljis confultniof Corsica, whose power would soon vie with your own. We hare ahnulled all its a<sts, as bei'ng high cfeafon ngninlt HELVIDIU3. Tnfurreftton in Corfi'ca. the sovereignty of the people Tut must lend luccours to thole towns m Corlica which remain faithful toihe republic. Your committee has like wise thought fit that you (hould en lighten the people by fending com millioneis among them ; for, accord ing to every report, t hey are not in imical to the republic, but only niif led by the rich. Every thing gives us reason to hope, that within one month all will be right, and that we (hall be able to ftril'e some deciftve blow againlt the counter revoiu tio'nifts." llarrere then presented a decree, conformable to the above principles., Decreed. Chabot—" Rouyes and bis coU league have been recalled from their commiilion, but are not returned. They have remained behind, in or der to foment troubles in ihe de partment of Herauli, and have pro tested againlt the Decrees of the Convention of the 31 It of May. I move that they may bedifplaced." • A deputy contradicted this Itate nient, and the Convention palled to the order of the day. Decreed, that the Armies fhobld in future be paid in bills on the Treasury instead of affignats. July i. The Envoy of the United States having demanded a suspension of the decree which •permits thepriva teers'of tW Repubtifto attack Ame rican (hips: —In consequence, the committee proposed the following decree : The National Convention, defir« ous to maintain the union ertablifh ed between the French Republic a/id the United States of America, declares, that the veflels of the Uni ted States are not included in the dispositions of the decree of the 9th of March, according to the 16th ar« ticle of the treaty made on the 6th February, 1 788. —This decree wai adapted. LONDON, July 27. It has frequently been alTerted, and with great appearance of truth, that without good air, good exer cise, and good hours, scarcely any person has good health, or attains old age ; yet on Stiriday lift died at Chomes, in the county of Bucks, after a life of 92 years of uninter rupted health, Mary, widow of William Baidwynne, who had been mother, grandmother, and g?eat grandmother to above 200 persons, more than I}o of whom are now alive. The greate'.l part of her life the palled in a sick room ; as her employment until within these tea years, has been that of nursing the sick, in which situation (lie was fre quently many months without go ing into a bed, and took the little flcep flie had in the day more fre quently than in the night. The writer of this paragraph a/ked her by what expedient she had, in such an employment, enjoyed such a lhare of health, and iiad fa long a life ; her reply was memorable ; — " 1 have never, during my whole life, drank any thing in the night, except tea ; I have never fuffered any event, however calamitous, to depress my mind or prey upon my spirits ; and I have made it my constant endeavor to live in as good a humour with myfelf and all around me, as I pofiibly could.' Prince Ernest had lately a very narrow efcrfpe before Valenciennes. A csnnon ball had parted Co near as to kill a grenadier in the file behind him. General Dampierre's Monument in the camp of Fa ma is is not yet destroyed ; on the contrary, a sen tinel has been placed over it, to protect it. A Courier, who arrived lately from Vienna, brings intelligence t-hat the Emperor is very ill with a spitting of blood. United States. WILMINGTON, Sept. 7. We are informed that the Lonv mittee of Correlpoiidence have late ly received from John Dickiiifoii Efi]. of the Stale of Delaware, 2(X Dollars, for ibe relief of the tugi lives from St. Domingo,
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