The Mirrour — Concord, N.H., 1794-06-02 00:00:00, page 1

Refolded, As the opinion of this
society, that from the nature and terms
ot m impeachment against a Prefi
den, it it not only necessary that the
Chief Justice of the United States
mould preside in the Senate, but that
he should be above the bias which the
honours and emoluments in the gift
of the Executive might create , that
it is therefore contrary, to the intent
and spirit of the constitution to'give
him a foreign mission, or to annex
any office to that which he already
lold#.
Rtfokud, As the opinion of this
society, th^t every attempt to fuper
cede legislative fun&iohs by executive
interference, is highly dangerous to
the independence of the legislature,
and subversive of the rights of tepre
fentation.
Refolded, As the opinion of this
society, that the appointment of John
Jay, Chief Justice of the Unit. States,
as envoy extraordinary to the court of
Greatbricaio, is contrary to the spirit
and meaning of the cooftitution ; as
it unites in the lame person, judicial
and legidative fundions, tends to
.nuke him dependent upon the Presi
dent, destroys the check by impeach
ment upon the Executive, and has
had a; tendency,to controul the pro
ceedings of the legislature, the ap
pointment having been made at a
time when Congress were engaged &
MR. RUSSELL,
THAT the public, on a great question,
may have the opinions of people on
both sides, be pleased to introduce to the no
tice of the citizens of the Northern States the
following proceedings. They will judge of
the weight of them ; and can form, he best
opinion of the motives, and patriotism of
their authors.'C. M.
& a Meeting of the Democratic Society of Pen,
fylvania, held at Philadel^ia, on the Sth d,
of May, in the year 1794, ami of 'American
Independence the iStb.
Refolded, At the opinion of this
Society, that the Constitution of the
United States, the sacred instrument
of our freedom, which every publick
officer hat sworn to preserve inviolate,
has provided, that the different de
partments of the government should
be kept diftinft ; and consequently
that to unite them is a violation of it,
and an encroachment upon the liber
ties of the people, guaranteed by that
instrument.
Refolded, As the opinion of this
Society, that, as by the Constitution,
all treaties are declared to be the su
preme law of the land, it becomes the
duty of the judiciary to expound and
apply them ; to permit, therefore, an
officer in that department, to (hare io
their formation, is to unite diftinft
functions, and tends fa level the bar
riers of our freedom, jnd to establish
precedents pregnant with danger.
Refolvid, As the opinion of this
foctety, that justice requires, and the
security of the citizens of the United
States claims an independence in the
judiciary power, that permitting the
executive to bestow offices of honour
and profit upon Judges, is to make
them subordinate to that authority, is
to mike them its creatures, rather
than the unprejudiced ' and inflexible
guardians of the constitution and the
law.
Vol. ll.— Num. 84.]
Mr. J A Y'S MISSION.
DEMOCRATIC SOCIETY.
Political Miscellany.
CONCORD.
©6c sitrm
such measures as tended to secure a
compliance with our just demands.
Re/ofoed, As the opinion of this
society, that after the declaration made
by John Jay, that Greatbritain was
juftifiable in her detention of the wef
tern posts, it was a facrifice of the in
terests and the peace of the United
States, to commit a negotiation to
him, in which the evacuation of those
posts ought to form an effentia! part ;
that to abandon them is to put at
flake the blood of our fellow citizens
on the frontiers, is to give birth to a
perpetual military establishment, an
endless war, and all the oppressions
resulting from excise and heavy taxa
tion.
Refolded, That the above resolu
tions be made publick, that they be
immediately transmitted to all the de
mocratic societies in the Union, as a
protest of freemen against the most
unconstitutional and dangerous meas
ure in the annals of the United States,
and as an evidence, that no influence
or authority whatever shall awe them
into a tacit facrifice of their sacred
rights.•
B, order of the Society,
GEORGE BOOTH, Secretary.
J. SMITH, President, pro tern.
At a ffeecial meeting of the New,ark Chamber of
Commerce, Ma, 7, 1794.
THE Committee of this Corpora
tion appointed to frame the resolu
tions, expressive of their sense of the
great attention and regard evidenced.
„ the Executive of the United State#
to the mercantile interests thereof ;
and particularly in the appointment of
an envoy extraordinary, to the Court
of Greatbritain ; report the following
refolutions:'
ift. Refolded, That a principle ex
cellence of republican governments, is
their foperior tendency to preserve
peace and harmony with all mankind.
ad. Refolded, That this Corpora
tion can discover neither policy nor
justice in' commencing hostilities a
gainst any nation before the means of
negociation have been exerted to pre
vent them.
3d. Rooked, That in the present
crisis, we confider the appointment of
an envoy extraordinary to the Court
of Greatbritain as one among the most
powerful of those means, having an
equal view to the peace, interest and
dignity of the Republick.
4th. Refolded, That the talents and
integrity of the charader feleded^ for
this important mission, have inspired
his countrymen with confidence, and
will, as we believe, have a happy ef
fect in bringing to a favourable issue,
the objeft of his negociations.
sth. Refolded, That if, neverthe
jefs, this embassy Ihould fail to pre
serve to us the ^effings of peace, yet
we persuade ourselves, it cannot fail
to convince all nations of our justice
and moderation ; to unite our own
sentiments and efforts, and render an
appeal of arms, more honourable to
us, and more formidable co our ene
mies. R, order of the GmmitHe,
JOHN BLAGGE, Chairman.,
M The preceding resolutions being
onanimoufly approved of, it was or
dered th^b the %me be published as
the sense of this Corporation;
fr^ COMFORT SANDS, hfof.
; A true extract from the minutes.
Wm. LAIGHT, &^%
NEWYORK CHAMBER of COMMERCE.
MOND4 Y, JUNE 2, 1794.
BY I. RUSSELL.
„MR. RUSSELL, The following obfawation
claim a,lace. Tbg ma, induce others io notice
the Resolutions the, analiu ;, and to. arouse the
free and independent Freemen of the United State)
from the lamentable a,ath, which they are in to
wards Societies, wbofe foie object is to revile ev
ery measure of every branch of Government—
chatejealoif, and diffdtisfaaion between the Pre
fdent and Congress, and between them and their
f&wcitirans=and to introduce into our happy
cMmtry, sedition and anarchy. Vigil.
ONI the firft Resolve—The Confti
" tution of the United States ku
indeed provided generally,that the de
partments of government should be
kept diftinft. But there are excep
tions to this general rule. For in
stance ; the President, the chief exe
cutive officer has a great (hare of le
gislative power, A majority, with
his assent, makes a law ; two thirds,
without his assent, are requisite —So
that the President's assent is equal
nearly to one sixth of all the votes
.of the two houses of Congress. Me
thinks this is not a feperation, but a
union, of the executive and legisla
tive departments. The firft Resolve
therefore is not fiddly true in its full
latitude.
How far the appointment of a
judge of the supreme court to nego
tiate a treaty, tends to level constitu
tional barriers, I pretend not to de
cide. Suffice it to fay, that the con
stitution has no where said one word
to prohibit such an appointment If
it has, the Senate, by a great majori
ty, have overlooked it. It is a real
misfortune that the argus eyes of that
society did not discover the article
and give notice to the President and
Senate.'
As to the danger exprefled in the
third Resolve, of permitting the Pre
sident to bestow offices of honor and
profit upon judges, as a general re
mark, its truth may be admitted ;
but the remark does not apply to the
present instance. Mr. Jay has no
profit by this appointment ; and if
he confiders it as honourable, it is an
honor he accepted with extreme re
gret and reluctance. Nothing but a
sincere regard to the peace and hip*
pinefs of his country and, desire to
gratify our good political father, the
president, whole confidence he en
joys, could have induced Mr. Jay to
leave an amiable family, and domef
fc happiness, to encounter the dan
ger of the tea, and the still more crit
ical dangers of a negociation, fraught
with intricacy, difficulty and embar
rassment.
These doubtless are but light ob
jections in the opinion of the demo
cratic society. The firft and sixth
Resolves come to the point ; the in
terference of the executive to co,
troul legislative proceedings. This
is a fore thing. A majority of the
House of Representatives were go
ing on swingingly with their fequef*
tration and their non-importation,and
their commercial regulation#, they
were just about plunging us in a long
and horrible war, under pretence of
serving peace ; as bigots often bang,
burn, and guillotine heretics for the
fake of religion and liberty ; and just
''tt that moment, the President,
as the ptoirftor of his country, and
the an^el of Deace, steps in with his
conftifo power, fad appoint.
Obfertattons on the Revolves of the Pennsylvania
Democratic Societies.
FROM THE AMERICAN MINERVA.
an envoy, to negotiate. This is a
mortal blow to all hopes of war, an
archy and confufion!
If by any means Mr. Jay should
obtain the objed bf hii mission, and
peace mould be eftablilhed, demo
cratic clubs #ill be very unpopular ^
they will fink into contempt .Be
fidei, our federal, government will
stand, and all its oppofers will be de
teded. Ahis is, serious thing to
people who make a mighty bustle a
bout conffitutronal rights and preach
themfelva into notice, by a direst
violation of the rights of their fellow
men. / Private clubs are unknown to
the constitution ; they are felf create
ed ; they hold secret councils ; they
attempt to influence measures of gov
ernment, which r fpea the property
of their fellow citizens, without fuf
fering those fellow citizens to be repre
sented in those clubs. This is pre
cisely the principle on which Ameri
ca resisted the claims of Greatbrit*
ain ; because parliament attempted
to govern us without being represent
ed. This is tyranny § it is aristoc
racy ; it is an invasion of our equal
rights. You may cabal yourselves
into some confluence for a moment;
but we will watch you with vigilance.
We will not .persecute you, while
you confine your attempts to empty
resolves ; but if you ever commit an
overt ,ft against government, we will
maintain the dignity of our laws and
conftittition not by tarring and feath-
eriog or a general sweep, but by exe
cutingjuftice in a conftitution^ mode,
and placing you on a level with your
fellow citizens;
Agreeable to the notice of
yesterday, Mr. Munros* requested
leave to bring in a bill, providing un
der certain limitations, for the fufpen
flon of the fourth Articled of the trea
ty of peace between the United States
and Greatbritain ; and on motion for
the previous question, to wit
Shall the mais ,e,im besropat ?
It passed in the affirmative,—Ym
12—Nays ~ ,
The yeas and nays being required
by one fifth of the Senators present,
Those who voted in the affirmative,are,
Me ffri. Cabot, Ellsworth, Frelinghuy
fen, Henry, Izard, King, Munroe,
Morris, Potts, Ross, Strong and Tay
lor.
Those who voted in the negative,are,
Mefffi. Bradford, Foster, Hawkins,
Jackson, Langdon, Livermore and
Martin.
And on the main question, to wit :
Shall leave be give* to bring in the said
bill?
It passed tethe negative,—Yeas a,'
—•Nays 14*
^The yeas and nays being required
by one fifth of the Senators present,
~fContinued to the last paste.]
• Senator fora Pirraia. -
t This article b mfofy ,fy„mra/tfbowl
fide ibh, dity^aadi^tf -
BS. We do not fee in your re
solves, one word against the unconsti
tutionality of mobs, or of a motion
in the Senate for suspending an arti
cle of treaty 1
CONGRESS of the UNITED STATES.
Extraordinary Motion.
In SENATE, Ma, 6th, 1794.
[Price 71. per ann.)
THE PEOPLE.
NEWHAM