CONGRESS.
HOUSE OF REPRESENTATIVES;
Friday, March 18.
Debate on Mr. Liringftan't resolution continued.
Mr. Isaac Smith did notpretend to prescribe
limits to other men's faith—but he never could be
lieve that men as wife as those who c'ompofed the
Cdavention, would have left so important a regula
tion as was uow contended for by some gentlemen,
to mere uncertain cottttru£»ioa. He believed if
fkty ntended that House (hould have had an a
gn.cy in the making of treaties, they would have
lo lp expref* term*—Had they done-fo? No
thiak like it. So far from it, that they had une~
quivocally appropriated the treaty making power
to the Prefidertt and two third;# of the Senate in
terms at express and positive as words could form ;
the gentlemen in opposition could not—did
not deny it. But fjjy they, this power may be
abuled, fhamefulljr abused, and therefore, we will
etnjlrue it out of the hands the people have placed,
it in. We will a (fume and declare ourselves the
jolt guardian of the people, and we will cry out
libmy, liberty; and, as the people love the found
(he hoped they would always love the 'fubftunce)
■perhaps they will believe us. Here reft* the'falhioy.
The,people knew whether they-knew or not, tint
they chose the Prcfident, and they firmly believe,
as well they may, that he-is their guardian. The
people knew that they also chose the Senators,and
they li'kewife think they are their guardians. How
>ve, said he, became JoU -guardians will require*a
modelly superior to tkat of New-England to ex-
P'* lD * The people have declared that' the 'President
and Senate (hall pake treaties, without a (ingle ex
ception, and left there (hould be any rniftake or
cavilling about it, they have put it in written words,
as they thought, too plain to be doubted, too pofi
tvre to be contradided. It appeared to him tkat
w * s • Efficient answer, though a Jhort one, to*
. laborious arguments. had in'favour of their
■interference to fay, that the people wills it other
wsic/ic volopjlc Juhco ; Jla prordtione voluntatis.
'" c y had ondcr consideration alterations, or a
tnendments to the Conduction, those argaments
•inight perhaps be proper; but-as matters now
: d, they are mere inapplicable declamation.
A gentleman from-Virginia told them that the"
government of the Unitedi>tateswas a government
but said that in the (hort time -it had
existed, they were completely routed. Neverthe
lcl,he mentions several cheeks that A ill (land their
•ground,amongothers biennial ele&ions were a check
upon the executive. -According to his calculation,
if d - werc check Vpon that House.in
the-ratio offourto two and of fix to two and
therefore, the people trulled them lift, than any
other branch of government, and he raoft cordially
adopted that gentleman*! own words, " if the opi
nions now contended for prevail, nothing will re
main to be done by checks." -Conjlruaion wil an
iwer every purpose.
Several gentlemen kadadduced argemefltsfrom
the government of Great Britain, and had attempt
ed toaffimilate the-American.government to it, to
■gne them the greater force. -He would examine
that mtttr. :Did the people of England chufe
their King every four years ? Wat he impeachable ?
No, *e earn do no wrong. Did they ele& -their
House of Lords or Senate..? No, they are heredi
tary, as well aa their-Prefident. Must two .third's
or them approve every treaty before it can become
vaud ? No fach thing. How a.parallel then, could
be formed out of such diverging lines heleft to
«ifer men, it was greatly beyond his poor abilities,
and he was equally incapable of comprehending ar
guments drawn from so myiterieus afource.
A gentleman from Vitginia boasted much'of the
superabundant love of liberty that prevailed in the
state he had the honour to rcprefent. The groans
•f 3 or 400,000 black.people h6ld in bondage, he
laid, afflicted his ears, and made kim hesitate -altho'
he wished to believe the encomium he bestowed.—
He did not -like boaftiag—it provoked retort and
offence followed. He should not fay one word-in
praise of New-Jeriey—it did not need it.
Mr. Livingften .'said, that the very-able fuppert
this resolution -haij received, night seem to release
him from any obligation of speaking in its defence,
nor would he now trouble the committee with any
observations on the fubjed, if those he made on
the introduction of the bofinefii had not been mis
dated, and hit subsequent explanation partly sup.
prefTid—He had dated when he had laid the rcfolu>
tie* on the table, a« a reason for requeuing the
T»P« r *» that im p9rta*t and conjiiiutional
would probably arise on the discussion of the treaty.
It had been represented ,(certainly from mifappre
tienfion, not design) that he confined the life of the
papers to the elucidation of a constitutional queftiou
only : ind it had been asked with an air w great
triumph, how the ioftru&ions and eorrefpon dense
could throw any light on the question of constitu
tionality, to deeide which nothing was neceflary but
a comparison of the treaty with the constitution ?
Mr. Lirragfton said he had not confined the utility
of the papers to that point, but tfcat if h« had, it
wonld not be difficult to suppose a cafe in which
they were neceflary to determine the conftitutiona- i
lity of the treaty.—The constitution, -he said, gave 1
to the President the powers to make treaties by and
tu'ub ihe advice and cenfent ef'the Senate. Men, rc
fpeftable for their talents and patriot ism, had'fiip
pofed, that by the true conftrudion of this claufc,
the Pre/ident could make no treaty nnlefs by the:
previous advice, and the fuhftqum consent of the Sc-'
nate; in other words, that the Senate should ad-'
vise the making «f a treaty which they could only
do before it was commenced ; and rtiould eonfent to
it by a ratification after it was concluded—He.
would give no positive opinion on this fubjeft, but
foppofed it a point worthy the attention of the j
house. The conflru&ion, he said, appeared rea-
Ibnablc, & hadbcen heretofore fandioned by pra&ice.
Two instances he could recoiled; one was in the I
treaty of Holftein, wheje Governor Blount was
u vested with full power* and fpccially empowered 1
by jnd witk the sdvlee and consent of the Seßate,"
The.other inliance wad found in the answer of'the
President to the French mini Iter, who,offered to
enter into negociations for a treaty of commerce,
wdich tho President declined by referring him to
the meeting of the Senate, which was not then in
feflion —If the President supposed he could net
commence a negociation without the concurrent
of the Senate, it£*rc "force to thjc cOnftru&idiH
and, if it was a true one, nothing was more de
monftrable than that file paperi were necrfTary ti
determine whether the treaty in this point had beet
Tonftituttonally made.
•But whatever doubts, Mr.laivingften laid, might
lavefheen oceafioned by the general cxprcflions with
:ertainly have been removed by the explanation
which had been 'very property demanded by the
Member 'from Connecticut, >(Mr. "JYacy). »He
lad, on decafion, -fleclared,, papers
were required for general infortnatkni,'fo be appli
:d a* that information might render it proper.
■l. To the 'fuperihtendiflg -power Awhich the
House had over all the officers of government-—
ind
2d. To guide their discretion in giving or refusing
their fanftion to the treaty in those points where it
interferes with thc'legiflative power.
Gentlemen had founditconvenient, because some
athers had disavowed any intention to-impeach, to
Eonlider the firft.ground as wholly abandoned ; but
in the nature of things this caiild not be the cafe.
It was impossible to determine that we not
impeach, until-the papers were'fees. Fa&s might
then appear that would render that an unavoidable
measure which was not now eantmplated. 'If, for:
instance, he said, instead of a treaty with -Great-
Britain, we were-«ow difcilfiing one formed with
the Porte, -where .it-is the cnQom for ministers to
of the correspondence it should appear that our mi
the treaty, he aflted, whether, in such cafe, that
House would not thitvk themfebes obliged to im
pc -h: if they would, (and he thought the obli
gation could uot be when cafesrifcightexift
where without any pievtous intention, -an impeach
ment was unavoidable. The-integrity of the gen
tleman -who bad 'formed this treaty, was, he (aid,
too well cftablidied, to lead any one into a 'fuppdfi
tian that uny'thing of the'kiwd could have occurred
in this itfltance.j but it might in others. The idea
of impeachment, therefore, though not at present
contemplated, could not be formally abandoned.
®efore he-considered the lecond and most itji
portant ground of opposition, Mr. Li-vingflon said
he Ws>uld take notice of an objection to the Form of
the refokition, by a gentleman'from South-Caroli
na,-(Mr. 'Harped). It was ;of a kind which he
had not expected from the quarter in which it arose.
He had objefte'd to the humble stile of requett. If
we had a right to the papers, we (hould demand
them. I would plant my foot Ik re, fays the
gentleman, and tequire the papers as a right!' 1 —
Mr. Livtngflon'faid, tbat the resolution was couch
ed in the icfpe&ful terms with which that house
'bad always add re {fed the fir ft magilirate ofthe
Union"; that civility-and refpeft were -always due
to him-; aid that he w*« persuaded the member
1 would fee -the propriety, (air this, as heihed on
other occafioaf) of transferring into public 11% that
urbanity and politeness for which he was so remark
able in his private intercourse. The fame gentle
man had •obferred, that there was no reason for
requesting the /papers, because any member 'might
infpea them« the clerk's office of the Senate.—
He could not suppose if this were the fact that the
. publicity of the papers was a good reason to prove
that ought neit to be communicated. Mr.
Livingftow did not however think that individual
members ought to owe their information to the
courtesy -of an officer of the Semite which they
had a right officially to receive as a "body. "It had
been stated, that he {(Mr.'L.) having had access
to these papers, could not want any information
they might contain. He would state the facts re
lative to that tranfaftion : It was true, he said,
that a* chairman of the committee appointed to
enquire into the cafe of imprefled stamen, he had
been indulged with -a view of the inftru&ions and
cerrcfpondencc ; but engrofled by-the important
objed then referred to him, he had pato little or
no parts as did n&t'relate to that
futgjedt. After an interval of feme deys, he went
with an intention of completing the perufalof them,
but was told that he could not fee them'without
leave <jf the Senate. " What I did fee (added Mr.
L») convinced me of the propriety of the whole
j being laid before this house. I found, in so mnch
of the inftruaions at I did read, a fo/uive dkeillan
to conclude no trtaiy of commerce, unless certain
important articles were agreed to which are not
netjuundinihe injlrumtnt before U6. Among them,
if 1 recoiled right, was a stipulation, that free
boUoms thould make free goods." He had been
informed that these inftruTJHons'were altered, and
was a point which he thought it effentiaj the house
should be informed of. Leaving, however, the
ground of fiqttrioteadance, which would make this
enquiry neceffaiy, gentlemen had chosen to put the
question at iffucon the other point, and had endea
voured tofhew the impropriety of the demand by
denying any difcrrtionary power in the Itgifiature,
either to judge of the treaty itfelf, or decide on
the propriety of carrying it into effcft. Mr. L.
said he wai not -unwilling to meet them on this
ground, and toconGder the decision of thiatn&tiori
as declaratory of the fettfe of the House on that
important question, -whether it is conftituiionalfy
bound to give it« fanftion to every treaty that maj
be formed by the other branchesand to provid<
all Ihe -sums necefiary to fulfil every stipulation the}
may make—for to this extent did all thejr argu
ments go.
r~ «» - -
ZMr. LMngfittf, froth to-be continuedJ
Thutfday, May 5.
The Speaker informed the hcwfe that he had
received a letter fiom the Governor of Maryland,
informing the house that an election for a member
of Congress, in the place of Mr. Duval, resigned,
had taken place, which «• nmimitation wai read.
—The gentleman elected is Richard Sprigg, jun.
Mr. Parser prefeotsd two petitions refpefting
the British treaty, one i;i favor and the othet a
gainst its being carried into effcft, from Norfolk;
Mr. New one from King William, and the Speak
er one from Wefttnoreland in Virginia, in favor of
the British treaty. Ordered to lie upon the table.
Mr. New reported that the bill* for carrying into
effect the treaties lately concluded with Spain, Great
Britain, Algiers, and the Indian tribes, were laid
before the President.
A report of the Attorney-General relative to the
csntrafb of John Cleve Sirrij, lor eertainJands in
theNorth-'Weftein-Territory, was twice read and
ordered to be committed to the committee of the
whole.
The following bills were read the third time and
pafled, viz. for eompenfating-Jonathan Bladings
for extra ferviees ; for the relief of Samuel Brown;
"for the relief ofMefes Miers; for authorizing a
light-house on ; for allowing compenfa
tioa for horses killed in Battle.; and for eftablifli
ing fevcral new ports of entry and delivery.
Mr. Goodhue, chairman of the committee of
commerce and manufactures, made a report on the
memorial of •yylvarios Bourne, viee consul at Am
sterdam, forthfreimburfemcnt of 206 dollars ex
pended' in the-relief of the matter and crew of the
ftlip Washington, which was wrecked upon the
ceaft of Holland in November last ; and also Mpon
the petition from the (late of ©dawarc, praying
•that provision might be raade toprevent the dealing
of negroes and mulattors. On the"firft cafe, the
report waiin favor of the memorialist, it was twice
read, wid a bill ordered to be brought in. Upon
the latter alaw was recommended to be passed, and
the report was committed to a committee of the
-whole.
, The heufe-refolved itfclf into a committee df the
whole, Mr. Bourne in the ohait, on rh« bill mak
ing-provilion for she.payment of certain debts due
to the Bank of the United States, which, having
gone through, the committee rose, the house took
it up, and it was ordered to'be engrossed for a third
reading.
The house then resolved itfelf into a committee
of t"he whole. Mr. Bourne in the chair, on the
meflageof the.President relative to the TeunelTee
country, and after some debate thereon, the com
mittee rose, and had leave to fit again.
Mr. Sitg reaves reported a bill for repealing so
much of the aft as dire&s that the dittridt court
of Penniylvania (hall be held alternatively at Phi
ladelphia and York-Town, which was twice read
•and ordered to be engrossed far a third reading.
Adjourned.
JPbiladelphia, t
• FRIDAY EVENING, Ma; '6, 1795.
On Sunday, there will be Charity Sermons and
Colle&tons, ia Christ Church and St. Peters, for
the free schools of the Protestant Episcopal Church.
On Tue'Cday departed this life, in the 21 ft year'
of his age, Mr. ROBERT MEADE, cldeft son
-of Mr.-George Meade, merchant, of thi»'city. The.
young gentleman, whose death is here recorded,
after having given evidences of a promising under
standing in the (Indies »f-i»« earlier years,, had ap
plied himfelf to mercantile bufinek, with an in juf
try and a discretion, which presaged future ufeful
•nefs and fucctfs. But when the time drew near
for his entering on aflive life, he was arreftsd by a
painful and lingering disorder, which at last ended
iii his diflolulion'; an event diftrefling to his family
and friends-j although accompanied by all the con
solations, which arise from th« recolledlion of his
personal and domestic virtues; more cfpecially, of
the patience -and the piety-with which.he sustained
his tedious illncfs, the refignalion with which he
•drew near to the end of hi 3 temporary exiftenee, and
the hope which'he cherished and "in which he died,
of the happiness of a (late, in which all forvow aiid
fuffering (hall be done away.
His remains were yesterday departed in Christ
: Church, with those of his maternal grandfather,
Richard W-orfam, Esq. formerly -of the island of
Barbadoes.
Extract df a letter slated Havanna, April 1.1, .1796,
to a merchant in"tbis city.
" The packet that arrived a few day# ago from
Spain, brings out an to fulpend theadmi'ffion
of vefleU from the United States with .flour and
.yrovifions into this port."
The meetings and petitions in favor of carrying
•:nto efFedt the British Treaty are more itumeious
than we can recollect to have ever been the cafe 011
a«y other oecafion. No iingle newspaper is cooi
menfutate to the republication of them. The spi
rit is extending itlehf to all parts of the Union and
the instances of petitions agaiujl the appropriations,
ar<f very few indeed. A striking dcmonfti ation that
I the people consider their all at Hake.
I The Aurora of Philadelphia charges the Miner
va of New-York, wish calling names !
The mode of Jating faßs as praSiftd in the Jfurora.
" The feufe of the people has no* been had in
favor of carrying the Treaiy iatocffea—The names
of a ftnall portion, obtained by diffusing falfchoods
and the abundant esercife cif.undue-iflflucace were
indeed brought forward. The enemies of the Trea
ty, generally, confided in' the Houfc, and thought
it needless to counter-petition." ' ?
rPM-ARE."
The idea of petitioning tta House of Repre
sentatives againit tht British Treaty after it became
a law originated in that hot-bed of sedition, the
mother club of democracy. The leader* of that
club are known to be holtile to a Balanced govern**
ment. This is the icy to -unlock every gilded .ca
binet of democratic curiolities held out to delude
the -people. Let this key be applied, and it will
invariably be found that what appears fe fair to the
eye, is nothing less than Pandora's Box " of trea.
sons, flratagems and spoils."
The people, in the proper the word,
have petitioned the House to do their duty, .and
there is no dobbt that the leading principle is, left
the House (hould by ufurpir.p: the ccwer of the
three branches, prepare the way for all the horrors
of a Conventional government.
Extrad of a litter from George-Town, (Maryland,)
dated April 22, 1796.
" The people in this quarter are beginning to fee the
necessity of expressing publicly their sentiments in fa
vor of the execution of the British Treaty. We had a
meeting of this town yeflerday, and a memorial signed
by upwards of 400 citizens goes un by this day's mail
to Mr. Crabb, to be presented to Coagrefs. We were
unanimous—and so is the state—at lead the opposition
is so trifling, as not to be mentioned. If nothing else
will make your House a& right—and if the unequivi
cal sense of the people, will, I think it would be good
policy to delay for a few weeks the decision of the
treaty qutftion. lam sure the people of Maryland will
very generally come forward, and i have no doubt they
will in other ftatrs. Even in Virginia—the strongest
and most frefpetflable Counties, are becoming very
frienOly t» the treaty. The PrMent't audttfi is ap
proved every -sji/tre 1 Mieve nhere men tart think.
WILMINGTON, (N. CJ
Extradl of a letter from a gentleman of refpeftabi
lity in London, to hi< correfpodent in this town.
Hated January 7th, 1796.
J°" ma y perhaps think that our finances will
be cxbaulted by a continuance-os the wai ; but if
you do, you are certainly in an error ; as ti.e re
lourccs of this, country are great in the extreme,
whiUt our commerce exitls. The loan of 18 mil
hon» was no fooaer announced, than in the city
they began to quarrel who rtiould lend it ; and who
ought to have had the preference, is now a fuLjcct
of exaniinatitra before one of the committees of
parliament : sod a bank director told me, that if the
.minister had wanted 50 millions instead of 18, he
would Shave got it with the fame facility. At pre
sent we have the trade of almost the whole world,
and so great is the want of room on the banks of
the Thames to land merchandize, that many veflels
have>lain nine weeks on demurrage on that account.
To remedy this grievance in future, a number of
'refpe&able merchants have it in contemplation to
build wet docks in and about Wapping ; and the
board of cufioms l was applied <0, t» Wv-thtir
■veyor attend and estimate the experifes, "whose re
iport amounted to between eleven and twelve hun
dred thotftand pounds; upon which a fubfeript ion
was opened and Ailed in two hjurs, with a surplus
•of Seventy odd thou [and pounds."
CITY OF WASHINGTON, April 30.
Thursday evening a dreadful fire broke out at
the-clegant houfos lately'built by "Mr. Peters, which,
in a (hort time, reduced them to alhes. The da
mage cannot be'dftimatedat less than 50C0I. Wc
lament there is'itrongreafon to fufpe£t that it wai
not an accidental difaller. 4
No certain intelligence was received of the Fede
ral Loan bill lalt night; although, from good au
thority, we are aflurad that the Senate took up thi'i
bjfme&on Monday last.
April 28,
At a meeting of the citizens of Norfolk and
Partfmoufh, held at the Town Hall, in the Bo
rough of Norfolk, April 26. 1796, convened a
greeabic to notifications to consider of the proprie
ty pr impropriety of addicffing Congrtfs on the
ifubjeft of the Brrtifh 1 reaty.
Seth Foster, ECq. Mayor of Norfolk Borough,
■was eledled President, and Jahu Cowpec Secretary.
Resolved unaßimoufly, That an address be pre
sented.
Relulved, That a committee be composed of the
following gentlemen, viz. John Nivifon, Wallig
Wilfoo, William Newfum, Thomas Emmerfon, ' ~' f
Richard E. .Lee, John George Kelly, Da
niel Bedinger, W il!iam Wilson, Robert Taylor,jun.
Jofiah Cowper, Thomas Parker, and Edward Ar
cher, to prepare an address for the «oniideration of
tlie meeting.
■I he committee returned, and the Chairman re
ported the following addrcfa. £-Sce address at bot
tom. 3
The address teing read, a motion was made t»
adjotim until to-morrow morning at 10 o'clock
which was negatived.
A motion was made to adjourn until this after
noon at four o'clock, which was negatived.
Oh motion,
Refoived, 7 hat. thp address reported by the com
tTittec be received as the sense of this
and that the fame, together with-a copy of thefc
ptoceedingt, figncd by the President and Secretary,
be transmitted to the Representative of this dif
trift in Congrefr.
Oil the tjucAion, 'aye*, -go, noes, 83.
Ths meeting was thendifmiflcd.
SETH FOSTER, President
John Cowpw, Secretary.
To the Honorable the House of Reprefentatiws of
the United States.
The .Address of the -Sublcribers, Citizens of the
towns of Norfolk and Portsmouth,
Refpeafully reprefeuts,
THAI they have attended to the deliberations
of your honorable body upon the British treaty,
with a folicitudc proportioned to the importance of
the fubje&, and, that they were content to have
awaited the decision of your honorable house, from
a reliance that filch decision would have comported
with the honor and inteiefls of pur country. But
as attempts are {making to induce your house to
adopt measures touching the said treaty, which,
under exiiting- circumltarKrea, are rot, in "our judge
ment*, calculated to promote the interests of our
country, we- cannot forbear alio to txpre(« our feti
timpnts.
-r ~~r
Vve declare that we have ever considered that a
treaty, in the nature of that now under yourconfi
rderation, could not be fully and completely carried
into efieft without the concurrence of your house,
founded an a convi&ion of the expediency of such
concurrence ; and we contemplate with extreme
sensibility every attempt that ha* or mas be made
to deprive your house of such an important conlti
tutional right.
V» e forbear to enlarge on this ft»bje&, though fa
I intereftiag to our feelings, and we shall only add
, that we do not believe any partial er local consider-
I ations or Dolicr. will mSm-riM votir drcifiong oa -