CONGRESS. .
HOUSE OF REPRESENTATIVES
Wednesday, Match 16.
Debate on Mr. Livingilnn's resolution continued.
Mr. W. Lyman began with remarking that trie
gentlemen opposed to the resolution bad at fii ft
contended' that the Houfi^had not a right by the
Constitution to requite papers of the Executive,
relative to any fubjfc& whatever, and that it would
">e wholly optional with the executive, whether they
liould be disclosed or upt : To this he replied, that
.he House poflefled the powers of impeachment
fdlely, and that this authority implied the right to
infpett every paper and tranfadtion in any depart
ment, otherwise how could the power of impeach
ment ever be exercised ; belides, this right had been
f4iiflioned by the uniform and undeniable pra&ice
ps tht House ever (luce the organization of the go
vernment : They had called for papeis whenever
they had judged it fxpedient ; and he affertrd that
the House had the fulled right to the pofleffion of
any papei s in the executive department ; they were
the special guardians of the people for that purpose,
and he would undertake to fay that this was the
firft time it |iad ever been controverted. But he
Ihould not longer dwell upon this point, as it had
been abandoned, nor should he charge gentlemen
with any incoaGftency in so doing ; he thought
they had «fled confidently and judiciously in .giv
ing up a position so untenable—as the authority of
the House was therefore admitted, the only quedion
was whether it was proper it Ihould now be exer
cised. This, he said, brought into confideratiori
the powers of the several branched of government,
and what limits had been marked foi them in the
Constitution j to what objedls the legislative pow
ders extended, and to *hat bounds the power of
making treaties w3s confined } and in what manner
they were controled by the Wgiflative power. It
was, he faid 4 obvious that if the House had a Con
ftifutional power to enter upon the confidertttipn of
the treaty, and.give it an effecl or'uot, a«-they
fhotfld js3ge bed—That then they ought to he
poflefTed of the papers in qnellio:!, and the reso
lution ought to pass. If this power Ihould be now
found vested in the House, the gentlemen againll
the not refuje it their vote.—ln
'order to gfcertain this, he begged leave to advert to
the Constitution in the firft article and fjril fe&ion,
it was declared that all lefiflative powers therein
granted were vested in a Congress to consist. of a
Sfrnate and House of Representatives, and in the
eighth feftion of the fame article, the powers grant
ed vrerc defined, such as to lay and collefl taxss,
"borrow money, regulate .commerce, &c. and to ex
ercise other important pewe'rs enumerated tinder
eighteen different heads—;bere Mr. Lyman said he
would a(k any gentleman whether it could be sup
posed that this article was not to be efßcacious and
operative ? Was it QOneeivable that an article so
definite, and so important, had been introduced in
to the Constitution merely for the pnrpofe of its
being taken away by a subsequent article or fedlion.
. The supposition, he said, was the height of absur
dity, and one. from which his mind turned with in
dignation, and yet this would be the cafe, if the
dottrine which had been laid down was true, viz.
that treaties repealed or controuled laws. A gen
tleman from Connecticut had said, that the treaty
making power occupied all ground, and was vested
in the President and Sanate, and that the legislative
power occupied all ground, and was vested in Coa
grefs. For his own part, Mr. Lyman said, he could
not conceive, of two persons being in the full pof
fefiiori of the thing 3t the fame time ; such
incongruities could never be reduced to pra&ice,
they mud be reeonciled, or otherwise the one would
defeat the other. The treaty making power must
either abCorb the legislative power, or if at variance,
the legiflattve power would abfoib the treaty
ing power. This, then, induced the neaefßty of a
differed conftru&ion. He had, he said, always
believed, that laws and Constitutions, ought, if pos
sible, to receive such conftrudtion and interpretation
as to render them confident ; and that it was high,
ly presumptive that a conftru&ion was erroneous
when it produced an absurd conclusion. The bell
definition he had been able to conceive of the trea
ty making power was, that it was a species of ex
ecutive power, and like that, isnder the controul of
the legislative power, particularly in all countriei
governed by Constitutions and certain laws, as wa«
yet the cafe in this country.
If the several parts of the Constitution were com ;
. pated and critically examined, he thought the re
sult would be, that the Prefidcnt and Senate could
make treaties, but not those which intrenched on
the legislative powers, unless by theit concurrence
and consent, otherwise it followed, that although
it required the three branches of the, government
to enact law's, yet the Prelident and Senate, by trea
* tyj could repeal them altogether. This would bt
veiling powers in the lioufe of Representatives tc
no purpose ; for it w<t*Jn vain for them to be con
fulted in the formation a* laws, if at any time the)
were liable to be annulled at the pleasure of thi
President and Senate.—The present question wai
not, he said, whether the House should make trea
ties, but whether the President and Senate flioulc
make laws. All the power contended for on th<
part of the House, was the power of felf preserva
tion—it wa6 a repelling power : a power to prevent
the President and Senate, under the colour of mak
ing treaties, from making all our laws. He ob
fcrved, that it had been cqntinujdly afTerted, anc
with much afluraner, that this dodtrme conteudec
for on the part of the Hotife, was a novel doctrine
notwithstanding which it had been proved.,.and If
his fatisfattion, by several gentlemen, that this in
terpretation had been given the conllitution io mof
of the jlate convention!, at the adoption of it ; tha
the fame interpretation had a!fo hecn given by wri
ters for »nd against the Co;ifti<ution at that time
, and he ihould now procted to (hew, that this prin
cip.e had been not only thus fettled and
rhcii, but'-that it had been in«-ariaWy admitted am
recognized from the frrfl organization of the go
vernment until tLis time.
The fit ft. treaty, he faiil, that hail been mndc un
cler this conftitutio" was that with the Creek In
dians ia the yeat 1789. The President in commu
mealing this [iihj>.£l, fays, " If it flictuld be the
judgment of Congress that it would be moll expe
dient to teirainate all differences in the fcurthern
difliicl, and to lay the foundation for future confi
dence by an amicable treaty with the Indian tribes
in that quarter, I think proper to fuggell, &c. '
Here, Mr. Lyman said, he witiled it to be noticed,
that this wm exprefsiy referred to the judgment of
Cougrefs, and for what purpose he alked wa« it
referred, if the President and Senate h:id the pow
er to make treaties ? There was no necessity to con
sult the house of reprefentMivts ; and yet,' in this
cafe, which that presented rtfelf, it
had been conceived neceflaiy. In coiYfequence of
this application, Congress had judged it nect'r..ry
to hold the treaty and on the 2o:h<}f Aug. 1759,
eitadled a law, in which t.ie sum oF twenty thou
sand dollars was appropiiatcd for thai purpose, in
confcquence of lAWl£h" the President had appointed
cuuimtfiioners and given them their ii)llru£lioii», -
which inftj u&ions had been communicated to Con
gress, and from them he would read one paragraph
—it was as follows, " Yon will obft tve that/the 1
whole sum that can beconftitu ionally expended tor
the proposed treaty, (hall not exceed 20,000 dollars.
On this he said, it was unnecessary tt> .comment,
as the principle that the legislature held a controul
over the executive in treaty making power, was so
exprefsiy recognized and admitted by the president .
himfelf- He would purine the enquiry further. —
In January 1790, in -qynl -qnenpe of communica
tions from the executive, which had been referred
to afele£t committee, and a report made thereon,
the house came to the fallowing refoltition, Viz.—
That provifton to be made by law for hold
inga treaty with the Wabafti, Miam;, and other
Indian tribes, north weft of the river Ohio."
In March following, a law was m de, the title of
which was, " An adi entitled an adl providing for
holding a treaty to eflabltrti peace with certain In
dian tribes."
In march 1791, the sum of 20,000 dolla'S were
appropriated for obtaining a recognition of thV
treaty with tlve'empfor of Morocco. 1 In March
*793, ia,OjO dollars fete appropriated to.defrav
the dxpeace of a treaty with the Indian tiibes,
north weft of the river Ohio.
Tlvu? it would be fee 11, that laws had been deem
ed neccflary to provide for holding, treaties, and to
I defray the expciices theieof. The President in a
I ineffageof the 16th Dre 1793, favs, I-lay before
you a report of the fecreiary of state, on the mea
sures taken for obtaining » recognition of the trea
ty with, the Emperoi of Morocco; iti another mif
fage of the fame datej accompanying the corres
pondence of the fecietapy of state with the Span
ish government, would be fotfnd the following par
agraph,, to wit, i mull atld, that the Spanilh iepre»
fentatives here, perceiving that their last comm<*ui
I cations had made considerable imprefiions, pjideh-
I vored to abate this, has fomc subsequent profeffions
j which bciHg also among the communications to the
S legislature, they will be able to form their own con
ckifions. He woald not± he said, further engross
the time $>f the committee in the,citation of exam
ples and precedents ; he thought these were fuffi
cient to convince the world, that, the interpretation
of the constitution now infilled on by tie house
was not a novelty, that it was fiindtQjgdgta both
theory , il«Jt,~rr tidll CYe'ri beitf) lo un- -
derftood by the executive, and. both branches of
the legislative authorities, from the jfirflt operation
of the present government. Who'then, he ex
claimed, were to be justly charged with innovation
and usurping powers not.delegated to them
constitution ? Ought it not to be those who were
endeavoring to ered the treaty making power into a
legislative power, and to couftitute a prerogative
fnperiorio their controul. It would be found, he
said, that this power in the executive did not exist
in England or in France under the ancient govern
ment, nor in Spain, countries which had ever been
reprifented as being opprefled to ftich a degree,thai
their inhabitants were, continually forced to feck s
refuge upon our Ihores. He further added, that to
him this principle and right appeared to be impre
fciiptible. [Itemawdrr to-morrow.J
Wedncfday, April 20.
The bills for making apptopriations for defray
ing she expences which may artfe in carrying into
effedt the treaties lately concluded between the ti
nned States and the King of Spain, and with cer
. tain Indian tribes noith well of the river, .Ohio,
-were read a third time and paled. The firft blank
in the former for defraying the expences according
to att efti.uate was filled up with 18683 dollars,
and the allowance forcommtffioners, wit}i 2000 dol
lars. The cost and traimportation of the payment
of the flipuldtioris to the Indians in.the latter bill
was filled up with 1500 dollars.
Mr. Henderfon moved that tbs refolutton'"vrhieh
he yesterday lard upon the table, refpe&ing the
disposal of land* reserved for theufeof government,
be taken up. It was taken up accordingly and re
ferred to a committee of three members. ■
Thehoufethen resolved itfelf into aetommittre of
the whole on the slate of the Union, and the tefo
lution for carrying the British treaty into effect, be
: ing under consideration, Mr. hillhoufe Snilhed His
obfervatians in favor of the resolution, and Mr.
i Cooper and Mr. Bourne fgoke on the fame fide
of the question ; Mr. Page and Mr. Findley also
spoke against the resolution. The committee rose
and had leave to fit again.
Mr. Hartley prefeiited a petition signed by up
wards of6oo merchants of the city of Philadelphia,
I and another from 800 other citizens of Pfliladel
I phia, praying that proviflun might be mude with
, all convenient dispatch for carryiag into effe/ft the
1 British treaty.
Mr. Swanwick also presented a petition signed
by 1500 p rfons, inhabitants of the city and neigh
bomhood of Philadelphia, praying that the British
■ treaty might not be earned into effect.
; 1 lie above petitions were severally rend and re
ferred 10 the cummitiec of the whole on the state
I of the Union.
1 Mr. Hillhoufe reported 11 l>ill for making appro
priations for defraying the expences which may a
rile ir carrying into tfledl the treaty lately conclu
ded with the Dey and Regency of Algiers, which
• was read twice, and committed to a committee of
thi whole to-motrow.
Philadelphia,
THURSDAY EVENING, APRIL lU »79 6 -
Yeflerdav No. 37919 came up a Thirty
Thcuiafld Dollars in the Canal Loltcy— 1 he i
is the proper vy of a lad apprentice to Mr. C a.xiie s
Allen, grocer,' of this city—he is a youth or merit—his
mother is a widow.
Extract of a letter from a rplpeftahlt House in New
i 01k, tn a gentleman in this ci«y, dated zcth April.
'• Our markets'(in consequence ofihe appearance of
the Trc'aty not being carried into effefl) haye fallen
much —fiour, l» dolls.beef, priinc, lltoildo.ls. pork,
prime, i 4 os. and no files; however are in hopes when
on !, an ! other petitions, are laid before Coflgrels,
thev will ft ill do it; hut if 1 hey fhoyld pcrfevere, there
is'ho judging the consequence*. We had a large meet
ing of our mod refpeftable citizens here ycfteruay.arid
there was not a di.lfcntipg voice, we suppose our peti
tion* will be foi warded ma day or two."
ExtraO of a Utter from New-Jersey, dated S.pril
17, 1796.
u Accept, my friend, my thanks for your three
iafl letters. Their contents, tho' not of the most
pica ii tig nature, could not but be fatisfadtory to one
who feels anxious for the public good, and wiffcr*
to know the real slate of things, whether it be fa
vorable or otherwise. The desperate resolution of
the factious party is to be lamented, not only by
every ma" who regards the honor and profperi'y of
the United State?, .but by evety friend of rational
liberty. It is much to be feared, that even if they
are in the end foiled (which, however, is ra'.her to
be hoped than the very attemps they
hive ma,?e to usurp authority, may be attended by
disagreeable consequences in regard to our foreign
relations - What c'ort'tideiice will a foreign nation
have in a go/ernment eompofed of such materials ?
in which they fee the most p«p'.i!ar and powerful
branch overleaping their constitutional bouudaiics,
and. vyit)i an iippious hand endeavoring to prostrate
t.hofe vcVy checks, which were provided to guard
against itlelf—in which corrupted ideas of expedi
ency arc placed in the (lead of l}ie conltitution,
faith and conti'aft ? K.
" I trust, howe»er, thdt the Senate are deter
mined to resist this lawless attempt—lndeed, to
acquiesce in the deltruftion of their own lawful
powers, would be thecriroc next in degree to joint
ing in the scheme.
" The absurdities to which the lsaders are driven
by tire force of truth, is most glaring. They fay
the Prefidtfnt and Senate have full power to rr.akc
and ratify treaties, and yet they spy, th'j have a
lijt-ht to defeat a. treaty, if they deem it inexpedient
to be executed. What greater power does the Se
nate claim under life t*-prcf* words of the conftiiu
tion? By this ufurpalion, nice questions of loss
and ain are to be balanced by the House of Re
preventatives, and the legal efficacy of the molt fo
lernn national compa£ts is made dependent on the
intrigues and mifreprcfentations of unprincipled po
pular leaders.—They had better be honest, and
(lick to their leader Gallatin's firft proportion,
That it was no treaty without their appiobation.
" ButJ am not* without my hopes that aoed will.
-com? out oFthiY cvif. t hope tut? people of this
scdUntry, too long the dupes of pretended patriots,
will kcieafter better understand the characters of
some men whom they have trusted—They have
drawn away the veil themselves—they vainly and
weakly thought that hatred to the Englilh would
gild any thing ; but they will fall into the pit them
(pltcs—our people do not hate the English govern
ment as much as ihey love their own. With us
there nevei has been, to my knowledge, so univer
sal a sentiment, as that reprobating tin* whale of
this proceeding.
• But what, my friend, is to be the end of this
thing ! Are we to be forced into a war, jvhich
will be unjust and ruinous ? or <>re we to submit to
all 11 juries past and to come ? or are we to feparatc
and obtain jullice for ourselves ? The dilemma is
important, and, I think, inevitable. In my mind,
the last expedient is the preferable one, if things
arc puftied to extremity. What good dothefe men
do to the coultuutional dates ? (1 mean theeaftern
and middle) we need not their protection or aflift
aikcc—we need not fear enemies from without or
within—they are our scourge in poate, they would
-b(r burdeiisin war. If, then, they are determined to
break in on the fundamentals of our alfociation,
Lei them get.
" You may rely on it there is.no man whose good
opinion is vvurili having, who does not speak fimi
lai fenuments with me on this bulinefs. We conli
dcr nut only nur boasted advantages under the con
stitution at flak?, but our veiy political existence.
This attempt is but tfie ground work of a more
important afjter-game.. If this fucceedj Fedcralifm
will soon be hefe, as in France, a ciime—one and
indmijihle \vill be the order of the day—where then
wiil be Neiv-Jcrfsy ? under, the "paw of the Lion
Let us seize ilby tie tiroat, while-the whelp is yet
young."
mahrifb] On the 19th mil. Mr. tnARUEs Plea
sants, Merchant, to Miss Ann Emlln, daughter
of Mr. Caleb Emlen, all of this. city.
communications.
The Jacobin Gazettes have a great deal to fay
about the house of representatives being bullied in
to the measure of executing the treaty. Curious
Jottrine for the party to hold ! they pretend to
adcre the people, and now the adorable people (tir in
favor of the treaty, their worshippers cry out, we
I abhor the worlhip of idols 1 Washington in a man,
- the merch-apti are Briiifti factors, the inftirance
1 companies are old tones, the proprietors of hanks
are all speculators. We hate, we despise them all.
- The whole maf3 of citizens, inhabitants of town
: and country are ala.med. Weak people fay they
have been alaimed by ait and addicl's. Tlrcy are
feared by the bugbear of*war. No matter how it
- was done, they are Hired up and they have fenfc
enough to underitand, aud to make you underttand
i what it is for.
( The plain cafe it, will the reprefentatives'who
adore the people refill their w ill, or obey it :
W 'l otir Jacobiuj in futuie call tbemfelves U.t
people after so contempt ex pre fled and such
uoltiuacy avowed against their will
rile ..Urrchical »c<i fpajjci sos late, recommend
de'cedSt y. Piettpt is. cheap, pray gentleman editors
try what example will do. Y..11 who have fhoi. k
-d all America, and all Europe 100, with your {lad
der on the si (I of men, now cry ou; decency.—
The people, you ice,are from north to fourji tn?k'n"
up again ft you, with the W V: p n f refemment in
hand, lay it on foitly, draw nu blood, ycuexclaHß,
for .decency\ lake.
The Anii-clii'i, are looking romul with anxious eyes
to find fornc fliew, f>r half a Ihrw, of support fr.,in the
people. The votes for Gov. Adams p: >ve, according
to these men of tin hind accuracy, that he cit mis of
Maflachuietts hate ihe 1 reaty. i ire vo ers would,
probably have a<9ed otherwise, ha I they forefeen that
such groli mifreprefeutarion woula grow out of their
proceeding. It i« a poor con.plimen to Gov. Adams.
'Ihe vole s it ferine were given to flicw treaty lute,
nat rcfpe<fl far him.
Either these paragraph writers, know nothing of the
spirit of New-England, or they wilfully {lander it.
In the three western counties of Maflachnfetts, a
large majority of votes was given for Judge Sumner.
Ihe inhabitants of these three counties, all farmers,
and amounting to more than one hundred and fifty
thousand, are fupporteis of the Treaty, according to
the fame logic. And in fj<3, not a paragraph is seen
in the newspapers of Worcester, Brockfield, Spring
field, i\orth Hampton, or Slockbridgc, agajnft the
Treaty or the Prefiilent. These are proofs that the
fubfiantial yeomanry of these counties »re federal,"* *
friends of the Treaty, and. of order and government.
They, are not different in circumltances, inttrefa, or
charadler from the body of farmers.; and it is beyond
doubt that the great mass of hulbaudnten, the citizens
who by way o, eminence for weight of influence and
numbers are The Pespie, are not enemies of the Trea
ty, of the President, of peace, order, and govern
ment.
Mr. Bathe's Auroia of the 19th, contains tie
extrafi of a letter from Boston, which though fool
ifli enough to pa{Ted over unregarded, has oi.e
observation too ridiculous to"be 11 nuot STric*
the house has been engaged in the treaty debate,
persons venture (fays the writer) to speak their
minds. Before that time they were afraid to do
it. Pray, Mr. Letter Wiiter, did the Bolton
town meeting hiss any body down for speaking a
gn'trji the treaty ? were there any persons burnt in
effigy ? did inobs rile in Bolton, and catty on night
after night their water melon frolicks t« lully (a
word now in great vogue with the party) your old
governor because he was so fiercely engaged to
keep order and peace, and to countenance the ttea
ty? was the Bolton Chronicle open !o writers for
the treaty, and to none else, and particularly, Mr.
Letter Writer, let tra: arte, and you will answer, if
yott chuff, were the si npefy ing pages of ihe Cun-
JlitutionaliJl written to silence (lie oppofeiS of the
treaty ? they did confound the sensible oppofers as
fuccefsfelly as auy wi it Inge that appeared on either
fide. But was that their d.sftgn ? what Pool tof a
Boston letter writer can he be who alferts that, till
lately the anti-treaty men were afraid to find fault
with it. His credit is high in the Auroia, but
like a propliii, i« I|>—fnm
ple may be relied on, he is not held in honor in his
awn country. / —
It ought to be seriously taken into consideration tint
themtn who noni oppose the Treaty with Great-Bri
tain, one of the molt important nicafures of our Go
vernment, are the fame persons who predicted every
evil to result from theConiiitutior. of the United State*
before it was ratified ; and ftnee, have opposed every
important measure which has been adopted by Con
gress.
Had the politics of these men been adopted feverj
years ago, what would now be our fituation—£ni.e
they are so different from the politics which have pro
moted the happiness of the "country beyond all exam
ple ?
The next step to putting our faith in these LYING
Prophets, is Death—and not a man, woman, or
child who will open their eyes, but must fee it.
• PRESENT PICTURE OF PARIS.
From a French paper.
At Palis, the night always seems to put the in
terval of a century between one and the next, and
the Parisians rife, like Epimenides, with the air of
men who arejuft vvaked in a new world. Tile po
liticians awake every morning with thefearthat the
government may be at an end ; t_h& ltock jobbers,
that there may be 110 stocks; the annuitants that
their depofrt is loft ; rich men, that there may be
laws on property; idle men, that there may
be no opera ; and all ink it necessary to rub their
eyes, that they may be sure there is still a city of
Paris. Thus does every man goon, feeling his
way, step by step, with the utmost uncerlainty,
and begins the day without pretending*^®'guefs
whether he (hall ever lee the end of it. The life
which the-whole people leads<is purely animal; and
they who have had the credit of beiirg so well versed
in the art of living, have no other conlidefation
than how to escape the necefiity of dying. The
Parisian women, who formerly palled the chief part
of their'time at home, in fedeiusry occupations,
how are seen, betimes in the streets, hefiegir.g the
duors of the bakeis and grocers. Neither dirt,
nor wind, nor rain, nor cold, now frighten these
delicate creatures,, who formerly could hardly bear
to look at bad weather through a window, while
the good Parisians, with more than human patience,
when they receive a small pittance ot bread for the
subsistence of a day, (hout with' joy, as if the golden s
promises with which they were buoyed up folong,
were now iccomplifhed.
The buyers rife before the fellers, whoTe levee is
is attended with as much impatience as that of a
grandee of former times—but with this compara
tive diadvantage, that their anti-chamber is the
street.
The streets are full of mud, for the jjafievgers
are the only scavengers ; and the pavement is in as
bad a Rate as if there w> re carriages to fpotl it.
The coffee-houfes are less frequented ; the quid
nuncs seem to have dtferted them—the mixers of
lemonade are lofc: st y this alteration, bi.t common
: , sense is a clear gainer.
The ta-ernf are in full pvofpeiity ; for there it is
that the (lock-jobbers ar.d other public plunderers,
> devour the profits of thrir mornings work the
ruin of au hundred houclt families.