Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, August 14, 1795, Image 2

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    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While the latter coulti he repealed- or al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 chara<fter of this gentleman, which has
forced the admiration of America, from the afpylions
of air anonimoiis writer, wtrofe lUcut»rations hitherto
may be regarded rather as a forma? censure of his o'Rcial
eonduet, than a vindication of the Englith treaty. Doss
i: xcite surprise tTiat Camillus wilhes to render him
odious— In his own writings the reafo'n may be cii/co
vered. " Mr. Jcfferfnn;" fays he; uis a candidate for
tht Presidential chair I''
riot•ernar Collin*, Mr. Chmn'np, ttdtrta attorney
for .'{hcfde-lilandj Governor Huntington, Mr. Lewis,
diftrift attorney for-Petrjnfylvaaia, Mr. Monroe, a Sena
tor from Virginia, a'rirt notv miniftcr in France, and
Mr. Harnfon, our diftfitSl attorney, and a gentleman
of well earned legal reputation, hive aUfanetioued an
opinion, which CamiUus would fain perfuadf us is r.
miiter of doubt. T'nc name of Hamilton, whole legal
acquirements, and other fplendld talents, have so ofttn
aitonilhed his fellow-citizens, and whose .luthority it is
iiretumcd, will not he disputed by Camillas, may also
l.e added to a lid already refpedable. In th* cafe of
AVaddinzton and Kutgens, which has been oftener men
tioned thai) irs importance deferred, ho was counftl for
the deSmlant, and advised his client to rely or. the
treaty ot peace, which plea was allowed by the court.
!l will not be impertinent here to notice a remark of
CamiHus, not as a proof of candour, but of hit fulici
tude to miflrad; " thoyjth," fays.he, " there may
j,, ve i, con no former decision of our courts, enforcing
the exceptionable principles', f the trefpafx aa, yet there
i,ever was * decision of a supreme Court 'agiinft it."
Did not Cami'.his know that the supreme court had de
cided against principles as exceptionable in other a<sts,
jikrelv becaute rhey were at war with the treaty of
rteac.e i Ile knew it, and it would have been no reflec
tion on his candour o have Stated the instances. Not
having done so, the following extract of a letter from
idr. I iarrifoil to Mr. JeiFerfon. will remind him of tome
rales in which he v.'as probably concerned as counter
fovSMie of the parties.— " The operation of this ail,"
f-tvs he, (peaking of the ael relative to debts due so per
sons within the enemies lines,- " became soon after the
• nee a fubjeiftof much complaint, gfounded upon that
-■rticle of the treaty which forbids ariv impediment to
the recovery of the full value in tlerlin- money of all
t.,.na fide debts, and thnt which declares that no person
all fuffer any future loss in his person, liberty,- or pro
taert v. With regard' ti British creditors who were fap
pofed* to be the proper objeiSs of the 4th article of the
tr aty the f :"perisr courts of the flute soon reflra'med the
oterition of the ait, and I do not tithv of a jngh in
fiaHti where they have been held to be aflVeted by it.
Here then we have not only decisions of our Superior
coufti in point, but are told by a {reitfletnas of great ac
curacy, that there is not one inftanceto the contrary.
Howpowerful is truth—deception may continue for a
dav, but the veil will soon be rent, and fallacy and
error,' however fophifticilly arayed, will b« Stripped
of its ornaments, and expofid to public view. Let this
be a caution to ail who read Camillus, to suspend their
opinion until his aSFertions are examined. I forbear, for
the fake of to transcribe the opinions.of the
other gentlemen who have Seen named, although they
sue *oually Strtmg, and more diredt in point than that
Ot ,vlr. Harrifon.' They are all as, positive at language
could render them, and hear honourable testimony in
»a»,>nr 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 <if J-utlice
adopted the treaty as a principle of the law."
Mr. Lewis—" the judge* have uniformly and
without he/itation declared in faverof the treaty, on
the ground of its being the fupretae law of the land."
Mr. Monroe—" both court and counsel jin Vir
ginia, avowed the opinion, that the treaty would
comj'oul any law of the slate opposed to it."
rhe Senators and Representatives in Congress
fiom Maryland, in a note to Mr. JefFerfon inform
him " that the legiflaturc of Maryland enacted a
law declaring the treaty thefupreme law of the hind.
which was, they add, but a compliance in form with
what had, in effect, taken- place, immediately after
the exchange of the ratifications of the diiinitive
treaty."
William "Tilghman, a lawyer of Maryland,
writes as follows: we have recognized the treaty
as the law of the land, by a particular aft of aflTem
bly, and our Judges have given one very linking
proof of their impartiality in the conflrudion of it.
I allude to the decision of the general court in favor
of Eritifh creditors, against a number of Maryland
citizens, who, ddi iag the wa-depofited paper mo
ney in the treasury, uuderthe fin&ion of a law, at
that time existing, in fatisfaflionof their debts: whe
ther the treaty fhutild have such retrofpedt as to a
voidthefe payments was certainly a doubtful point."
If these instances, an enumeration of which would
have occafioHed 110 " tedious rtfetrch," (Mr. Jef.
ferfon having been at the pains of collecting them}
do not difiipate the doubts of Camillus, if he really
entertains any, neither will he believe, if one rife
from the dead. It affords matterfor ferioua teflec
tion, that the talents of this gentlemen, (hould be
so ftreniloufly exerted to traduce his country, when
*mple materials were at hand, not only for excul
pation, but for eulogy and commendation. C.
From the. Argvs:
THE DEFENCE.—Np. VII.
THE svcond article of the treaty stipulate*,
that his Britannic majelly will withdraw *11 hi» troops
and garrison} fj-om M pq/lt and places within the
boundary lines aligned by the treaty, of peace to th«
United States; ind that this evacuation still take"
place un or befort tbe firll day of Juns, T796 J the
United Stiti's in the .nean time at tbeir liifiriUoH, ex
tending their settlements to anv part within the said
bound iry line, except within the precinfls or jurijdic
tions of any of the said polts—that atl fettiers a.:d trad
er» within the precinils or of the fairf pofte,
(hall continue to enjoy, unmolested, all their property
ot every kind, and (hall be protefhd therein . that
they (hall be at liberty to remain there, or to remove
with all or any part of tbeir effeifts ; also to fell their
lands, hotifes <>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 effe<fted ; he has
brought Great-Britain to abandon the dispute, and to
fix a precil'e determinate time when at furtheft the
!>oft« 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 <wiJJbheli'
was ever denied to.the initruuient wilicli procured it.
But the picture given of the situation of Great-
Biitain to wanant the inferences which are .drawn,
it exaggerated and falfe. It cannot be denied that
(he is triumphant on the ocean ; that the acquisi
tions which (he hai made upon Frvice,' are hither
to greater than those which France has made upoy,.
Iter. If, on th« one hand, (he owes an iromenfe
debt, on the oth«r (he poTfcilct an immense credit,
w:iich there is no symptom of being impaired
Britifli credit has become in a BntifV mind, an ar
ticle of faithMknd is no longer an object of reufon.
How long iß"'pay last, how far it ma;/ g», is in
calculably. it is evident, that it ilill affords,
prodigious reiources, and that it is likely toi ionic
time to come,' to continue to affoid them. In ad
dition to thii, ii is a well afccruined taci, that her
government poiTefTcs, internally, as much vigor,
and has as much national support, as it perhaps eir«r
had at any former period of her hiiWy. Alarmed
by the unfortunate exccfles in France,' moll men of
property cling to this government, andcairy vit hi
thern the great bulk of the natii»i), alaiuA, tl.e
of the farming interell, and 1 much the greaftett pro
portion of other industrious ctafTes. Her manufac
tures, though pjyibably wounded by the war, aie
Hill in a comparative ffoiinfhing condition. 'I hey
fu*c'e not only for her own fitpply, but for tl.e full
extent of foreign dem.ind, and the maikeii lor them
have not been materially contracted by the' war.—-
Her foreign commerce continues to be i-nmcuic j
as a specimen of it, it m-iv be mentioned, that the
(hips from India this year, auiiounced to have been
seen upon or near'the Britiih' coatt, En;oU;ited,to
35 in number, computed to be w<irth between four
and five millions Itcrling. It is no light circtim
(lanee in the eSimatc of her relourccs, that a vast
preponderaney in that quarter of the. globe ccQti
nue» to nonrilh her wealth and power.
11 from a view of Great-Britain lingly wc pals to
a view of her in her foreign connections, wc (hall
And no cause to conlider her as a proflraf? "nation.
Am»ng her allies, are th ■ two greatelt pnWeis of
Europe, (France excepted) namely, Rullia .'nil
Autlria, or the Emperor : Spain and Sardinia con
tinue to make a comir.an eaufe with her. There
is no of 1 liur»p« which ha* displayed a more
ttnifo/m cfiSra&er ot perfeverence than Auitiia ;
for which she has very strong motives on the pre
sent occasion. Rufiia, too, is remarkable for her
fteadintfs ia her purpose, whatever it may be. It
it true, that heretofore Hie* has not difeovered much
real itj the coalition, but there arc fviiiptoms of her
becoming mine elofcly anil cordially engaged. If
/he does, (he is a great weight ill the scale.
Against this will be fct the altonithing victories,"
heroic exploits, and vast armies of France, her ra
pid conqucfts to the Rhine, the total r.du&ion of
Holland, the progrets of her arms in Spain and
It aly, the detaching of the king of FroHm from the
eoslivio-n, and the profpeft of detaching f.,me others
of the German ptinces; and it will he added that
the continental eneihies ot France appear cxhaulleil,
despairing and unable tt« continue (he Mr. '
1 iiis, if offered only to ihrw that there is no
probability that the enemies of Fiance can fuccccd
in the original •bjett of the ivar ag.tinft her, or L »i.
divest her of her icquiflttoni on the conmicnt, httt
all the force that may be defirjd to be given to it ;
but when it it used lo prove that the lituation of
Great-Bntaiu i» so desperate and Humbled as to o
blige lier to receive from France, or the United
States, any conditions which either of them mv.y
think fit to impose, the argument is carried infinite
ly too far. It is one thing for a country to he in
a posture not to receive the law from oihtis, and a
very difierent thing for her to be in a fitiwtion which
obliges others to receive the law from her, and
what is dill stronger, from all her frieittffc France
evidently cannot annoy Rufiia—(he can, with grt»t
difficulty, from their geographical pofi:ion, ' make
any further acquit".: ions upon the territories of Auf
tria. Britain and her possessions aie efientially late,
while (lie maintains a decided maritime fuperiorily
As long as this is the cafe, even ftippofing her a
bandoned by all her allies, (he never can bt in the
fituatidn which is pretended by the oppofers of tht
treaty,
But in Jefcribinjj the situation of France, only
one fide ot the rwdal is prefcMed. There is ano
ther fide far less flattering, ami which, rn ordeF
to a just conclusion, mnll be impartially viewed.
Jf the allies of Great-Britain -ark; t.itigucd
exhaulted, France cannot he in j| better condition.
I he efioits of the latter, in proportion to intrinsic
refourccj, haYC'iio doubt been much greater than
tbofe of the fai jncr. It is a coniequence from this,
physically certain, that France must be It ill more
fatigued and exUautted even than her advtrfarien.
Her acqiufitionj cannot matciially vary thi* coneln
fiuß : the low countries, long the theatre of the
war, mull have been pretty well emptied before they
fell i»to her hands. Holland is an artificial power t
herhf« and ftrenoth were in her credit ; this perish
ed with her reduction. Accordingly the tnc<o>»
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 .