Fro:'t the A OU Si CiNNA.—No. il. Cancliuieit. By the 9th article of the confederatio*, " the United State-j in Congrcfs alicmWed, have th« sole and ex clusive right of euicriiig into treaties ai»4 alliances." Theft articles, w ere acceded to by tills state, by a Iblenrt aft of its legislature, palled the. 6th of February, The people of this (late, were as much jartie- tti the treaty of Paris, as if they had been pre eOt in L eir proper persons, and individually affixed heir fignjituresto it. How then could its binding force ip*n thein ever become a ejuellion ?—Has Greal-Britain cr entertained a doubt upon the fubjtifi 5 Can one !p rty to 'i contract annul it without the other' con l'jit ? llencc it follows iii'l onty that tteatres niade\in ei.-i the confederation were lupreme law* ot the land, but that they wot 10 in a fei.fe much more cxtenfive rutl emphatiiii than could be implied to an act of the While the latter coulti he repealed- or al t: reel, the ftirmejr could no ways be atfeiicd by a legif- Jtivc adr. OF little so re, therefore, is the observa tion 01 Camiiluii th.it *' in the opinion of the lei;iilnture o< Virginia, there were arts which had prevented and tnight prevent the rer-oyerv of dtbts, according to the t' -aty. ' The Jegiflature o? Vir jinia may make, but cannot expound even its own laws, much less laws or tn which that state was only owl of the pirties. Their belongs lolely and txclufive ly to the judicial department. These (hut perhaps it was unknosvn to Camillas) are sentiments of the legi il.iture of that very state: In an a.t of Oelobcr, 1787, it i» declared, " that rt does not b«long to the legiiia turf. todeide particular (pifftiens of which the judici ary have cognizance; and therefore it was unfit for them to determine on the validity of certain pay incrv s." The opinion, therefore, of any legislature on laws >vhirh already cxift, Is entitled to no attention ; niuch less eioes filch an opinion diminish the obligation or efficacy of them. Kven in piaffing laws if they ex \ ceed their'authority (which may be the cafe) courts of jultice will difregii d and reiufe to carry them into ef fect. If a cafe had (Seen cited of the fupreine. judicial tribunal eif Virginia rendering a judgment conformable j What is ftatcd as the opinion of its legislature, it would hate bcin in point, and not easy to reconcile to he injunctions of the treaty. After producing this opinion, Camillus demands, • ith an air of iruimph arid Satisfaction, as if he had de- jfted Mr. Jefferton in a mifreprefrntatiori, " with what has it been aSTerted, that it wa< »t all times per fedlly undefflood, that treaties coatrouled the laws of the ftatts ?" I answer, hecau'fe it could not be othrrwife, and that not- oitly Mr. Jefferfon, but several rrofeffional tnd other chamflers cf emincr.ee wliotfi he consulted (for extenCye aa hit o*ll experience was, "Tie did not think it derogated from a minifler of a free nation to fcollcCt information from hisfcllo«r-citizen>) concurred in his opinion. It inav well be doubted whether any lawyer has ever f*ri6nilv ativoeatenj a contrary propo rtion. "It resulted," lays Mr. JefTerfon, " from the inirrumcnt of confederation among the ftates,that trea ties made by C'Ongrtfs according to the confederation, were superior to the laws of the ltates." He acids "we rfuv fafely atfuin this to have been the general sense of thoi'e at least who were of the profc-llion of the law." Mr. JefTcrfon, we (hall fee, did not speak at randum, nor withofit authority, rior is be chargeable trith the tmall cft mifrcprefcntation. It fives mc pleasure, I confefs, 'a refeue the charanr of America. They Ihould be consulted by those who, like Mr. Jefferfon, " w ill be glad to find an ex culpation of our conduit," which is glanced at by this w ....;r as ? dythgenuojis trait in, hi* ministerial career. (iovtr'nor Livingston also in a letter, dated»J.;th June, 1 to the fame Tti'tnifter, declares, that " lie does not know a Jmile iifStatlce, in which the State ot New }.-r\ - v lxadcor./ravened the treaty." It would be end lets, to cite proofs ofvthis fubjeCt. Treaties then, frf>m the very nature of our union, *>eir laws of the land, it results neceffariiy th.itlts provifroiis iould not be controHled by the laws ~'j any State, and that no one tW)H reafonabty complain u .,> re existence of Such acts, by the treaty were rendered nugatory, until obedience to them was en • forced by iK«comts to whom the exposition of such aA« and treaties was delegated.. Let Camillus produce a G iglc jultancc of the supreme judiciary of any State , rrtdenng juf%aient t» ti c plain sense of the treaty —until luiii expiopies arc produced, it becomes ut t,i defend our country from the vliijuft imputations of the Briiiflijnimftry and their agents, and hot by fub ti!e and fine-fptm diltineiioni and doubts, give efficacy to their calumnies." Among the fubterfuges, calculated to fix a reproach#ipon the United States, may be classed the temark of Cjmillus, that, *' ander the confedera tion they had no courts of their own to expound asd enforce their treaties as laws." We arc at a loss which to censure most in this observation ; its want of can dour, or the- unqualified reflection it carries with it on the state judiciaries. If treaties were laws of the land, which perhaps was nerer ferioally duubtcd, v> ere not the state judges then, as much as the federal judges are now, fworri and bound to conform to, and make theiji the rule of their dcifiutl# ? He subjoins with becom ing delicacy, " it was believed that a majority of our fupreine court bcuch would over rule the plea of a mi litary order.'' How was this difeovery made: did the judfes favour him with an extra-judicial eipi tlion ? or was he gifted with the spirit of divina, non ? Thus, bclicl Tui-irtilcs, and lufpicions mufl be refoitcd to," to fix upon our state, the igno minious. charge of breaking her solemn engagements with foreign powers. To the credit of our bench it ought to be mentioned, thlt it has, ever finct the peace, been filled with characters of the molt unblemilhed re puiaticn and integrity, and that the confidence infpir cd by their decilioiis, has been fp great, that perhaps in 110 state in the union is less business done in the fe deral court, than in New York. It would hardly re ceive credit was I to'mention how very few civil anions have been commenced in thel'c courts since their orga nization in this State. It ci.inol be neceflarjr to follow Camillus through his invidious enumeration of the otliei aits of this, and other. States, which he conlidert as violations ofthc treaty ; the fame answer applies toall. The treaty could not be controlled by any State law ; but it is alledged, that in fume cases repealing a£ts were deemed necefTnry hv the legislatures of the dif ferent States. This does not alter the cafe. It was dune for the greater caution, and furiiiftics proofs of a sincere spirit of accommodation. In some States a repfal would prjbably not ha>e taken pface if their Icgiflatures bad not observed the laws in qucftion which had already yielded to the ftiperi or mandates of the treaty. But admitting for a moment, that legi I impedi ments once exitted to tlierecbveiy of British debts, will it he contended that they continued to operate at the time of the negociation between Mr. Jay and Lord Grenvillc ? if not, why fear to meet the question, and difenfs the refpe£tive "claims of the two countries ? if America had done wrong, what could Great Britain desire more than a redress of the in jury which had already taken place; Mr. Jay coulj have informed Lord Grenrille with confi dence,- that for fix years pad, our courts were open, to Britifn creditors, and that probably few, if any, remained unfatisfied. This would not hnve pleaded liis Lordlhip. Knowing that Great Britain had nothing at prcfentto complain of, and that-our de mands were of the most feriotis and extensive. na ture, h* fednloufly. avoided a discussion, which'a mere novice-in diplomatic coutroverfy, conld hare managed on our part, so as to refute every possible objection of his Lord Ship. Every " enlightened American," therefore, cannot but regard the pre tended apprehensions of our envoy to meet so jilriin a question, a a bate dereliction of his country's Ito —at * m«n fa«riiice of her right*—-As afl..ill timrd delicacy—and as a most unwarrantable coacftfi, fion to Great Biitain. P. S. It has been thought bell to fuhjoiu the o pinions ofthe gentlemen above referred to ; they harmonize, and are so much in point, that we shall tind it impoflible to withhold ouraflVnt fri.m Mr. JefieiTon'i proposition in its greatest latitude, " that treaties made by Cungrefi, according to the confe deration, were superior ts the laws of any state." Governor Collins fays, " the treaty in all its ab filute parts, has been fully complied with, and to thofc parts that are merely recommendatory and depend upon th; legislative discretion, the moll candid atten tion hat been paid," plainly implying, fays Mi. Jeffexfon, that the abfolutepjirts did not depend upon the legislative discretion. Mr. Channing speaking of an acl passed before the treaty; lays, " this aft was copfidered by our court, as annulled by the treaty ofpeace." Gover Huntington fays, " the courts r effecls, or to retain the property there of at their difcretioij, that furh of them as /hall comti nuc to refid'C within the said boundary lines, Hull not be compelled to become citiaeris of the United States, but (ball be at liberty to do so if they tV.mk pioprr, making and declaring their elfiHion within a yeai af ter the evaluation, and that those wlto (hould conti nue after the expiration of' a year, without having de clared their, intent! r. of remaining fubjefts of his Britannic mijeity, (hall beconfidcred as ha»ing elected to become cjtufons of tjie United States. l iiis article, which accomplishes a primary object of oOr envoy's ir.ifuu;, ancfone of primary importance to the United Bt'tc has'been as much clamouruV again 11 as if had mide a -lonaal icefiion of the polls to Great- Britain. On this point an uncommon degree of art has heen exerted, and with no small iureef*. The value of the principal Dung obtained has been pur out of light by rriifreprefentations of incidental circum flances. But the faA'ii nevertheltfs, that an object lias been aeccmplil.'ied, of valt conlequente to our Country. The moS important Jifiderata in our concerns with foreign |.owers are, the nnflWfion of the Western I'olU, and i participation in the navigation of the river Mif fifippi. More or fewer of commercial privileges are of vai'tly inferior moment. The force of circUm fiances will do all we tan reasonably wish in this rtfpcil, and in a (hurt time, without any ftepe that may convulse our trade or endanger our tranquility, will carry us to our goal. The recovery of the Western Posts will hive many important fides. It will extinguish afourte, of contro versy with Great-Britain, which at a period, not dis tant, must have inevitably involved the two countries in war, and the* thing was b«coming every ilay, more and more urgent. It will enable us ciTcdlually to eon troul the hoflilitigs of the northern and weltern Indians, and in so doing will have a material influence oa th« fouthcrn tribes. r It will therefore tend to rescue the country from what it at'prefciit its greatest l'courge, Isolds Wars. When we confiderthat tbefe wars have, four years part, taken an extra million annually from our revenue ; we cannot be insensible of the im po i tance of terminating that fuurce of expellee. This million turned to the redemption of our debt, would contribute to complete its extinquifhtnent in about twenty 1 years.* The benefits of tranquility to,our frontier, exempting its inhabitants from the complica ted horrors of lavage warfare, speak too loudly to our homamtyi as well as to our policy, to need a commen tary. The advantage! of the recovery of the P. t> do not flop here ; an extension of tr de it to be added to the catalogue. This however need only he mentioned at thjs time, as it will come agam into y'Uw in consider ing the third article. _ But two consequences, not commonly adverted to, require particular notice m this place. There is jull ground of suspicion, corroborated by varioui concurring ciccymttances, that Great-Britain h2» entertained the projedt of contradtinp our bounda ries to the Ohio. This has appeared in Canada—at the British garrisons—at the Indian towns —at Phila delphia, an 3at London. The ftrrender of tk* pods forever cuts up by the roots, this pernicious proje&. The whole of our western lcteretls are immediately and deeply concerned in the queition. The harmonious an 1 permanent connc&irtn of our weflern with our Atlantic country, materially depends onoQr polfeftoß of the Western Posts. Already had great dilcor.tent been engendered in that country by their detention. That discontent was increasing anil rankling r.aily. It was a&ually oue of the aliments of the infurreflion in the western parts of Pennsylva nia. While the poll* femained in the hands of Great Britain, dangerous tamperings with the inhabitants of that country were to be apprehended—a community of views between Greaußritain and Spain might have taken place, and by force and feditien, events formida ble to our general uuion might have been haiarded. The disposition or prevention of that community of views, is a point of the greatcft moment in ovrfyftc-m of national policy. It preflci us to terminate differ ences, and exftinguifh mifundedUndings withGuat- Britain ; it urges us to improve ' the favorable moment, and stamps with the charge of raadnefs, the efforts, to let g® the hold which the treaty, if mutually ratified, would gi\e nj. CIN N A Whoever will cast his eye upon the map of the Uni ted Statei, will survey the position of the W'eilern poflj, their relations to our western waters, and their general bearings upon our western country • and is at the fame of making the refkftions, which an accu rate view of the fubjett fuggeils, will discover multi plied confirmations of the position, that the poffeffien ot those polls by us, has an intimate connexion with the preservation of union between our western and Atlantic territories ; and whoever can appreciate the iromenle mifchiefs of a difumon, will feel the prodigi ous value of the acquisition. Tofuch a man, thequel tion may be confidently put: Is there any thiny in the treaty conceded by us to Great-Britain, to be pls ced in competition with this fir.gle acquisition ? The an Twer could not fail to be in the negative. But it isfaid by way of objection, that admitting the polls will be surrendered at the time flipulated, it is no acquisition by this treaty ; it is only the enjoyment of a right which was secured by the treaty of peace. With as much good f, nfe might it be said, that the ltipslation ot reparation for tlyr spoliations of our pro perty, or even immediate aHaal reparation, if it had beeu obtained, was nothing gained • because the laws of nations gave u» a right to such reparation ? and it might 111 this way be proved to have been impossible for our envoy to h»ve effected any thing ulcful or me ritorious. , Let u« fee what is the real state of the ease. Creat- Bntairi ha«t engaged by the treaty of peace, to furren 'der the Western Posts ivith all connxnient speed ; but without fixing aprecife time. For the cause, or on the pretext of our not having complied with the treaty on our part, especially in not removing the imncdi menu nthich the antecedent laWs of particular states oppafed to the recovery of British debts, (he delayed! and afterwards refufed to make the furrendcr; and Vrhe* «ur envoy Idft this country, there was too much appearance of an imentiori on her part, to detain them indefinitely, and this after having actually kept them ten yfirs. The treaty of peace wat consequently in this particular suspended, if not fuperceded. It was either to be reinflated by a new agreement, or enforc ed by arms. The firft our envoy has effeoft« are to be delivered up. It it therefore, to thi* lew agreement, that we (hall owe the enjoyment of *««» «»* of course, entitled to the merit of hav ng obtained them ; it is a poUtiye ingredient in its /alue, which cinnot be taken from it; and it may be idded. that this i« the firft time that the merit nf pro- f but It c&M6i' materi aUftrrv . arlng, by nejjnciat'cn, rejliht'.hn of ; right » extracted from her, compared with thcfcale of the WAi, have been infTgnificant. But it is conjettured, that as much has not been done as might have been done ; that reltiiuti on of the pofls has not been procured, btit only 3 pronme to restore them at a remote period, i> ex change for a former promiic, which had vio lated. 1 hat there is no good ground of leliance upon the fulfilment of this new promifc, for the performance of which there ought to have been fomc iurety or guarantee. That the rcUitution of ti>« potts ought to U.ive been accompanied with indent -111 heat ion for the detention, and for the of the Indian wars which have been occafionrd bt that detention, and by the mitigations of Pritith intrigue. 1 hat it was better to go to war than ♦<> re mquifh our claim to Inch indemnification; oi if our piefent cireumllanccs did not recommend this, it was etter to wait till it was more convenient to us to enforce our claims, than to give them up.— I heie arc the declamations by which this part of the treaty is arraigned. Let us fee if they .ire the random (eflufioiis of entliufiafm, oi tlie rational die fates of Touikl policy. As to the fuygeftion, that more might have Urn "one than v » done, it mult of neccllity b? mere conjecture f*»d imagination.. I; t \, thi (ituat)jn of Great Britain, 'bate, juttsii .