The Federal mirror — Concord, N.H., 1796-03-29 00:00:00, page 2

',) funds, could hardly fail to te'tafflity
introduftive of an open rupture; that we
could hardly exped the British government
to submit to it without reprisals ; and atwe
' have little or no property of that kindin their
reach, their mode of reprisals would proba
bly fr to ilTue letters of marque and priva
teer commissions against pur commerce; in
which case we must either negotiate, where- &
fore our situation would be far more unfavor
able than before, or have recouffe to letters
of marque and privateers on our tide, and
thus be immediately in a war, for which we
werc torally unprepared, and which could
not fail to be productive of the greatest in
\jury;befide being most uncertain in its event.
This measure also was therefore given up ;
and it was resolved to make an effort for ob
taining redress by meansof negotiation, and,
4n the mean time; to prepare vigorously for
rhe worst, in order that, if this effort should
'"fail, we might be in a condition to adopt and
pursue, with effed, Pich oteafures of com
puffijn ^ the circumft&res of the case might
lender unavoidable. By this expedient it
was conceived that we mould not only gain
time for preparation, which was absolutely
'neceffirf, but give ourselves the opportunity
;of profiting by that favorable change Os eir*
cumftances in Europe, which the enthufiaf
tie valor of the French, their wife measures,;
arid unheard-of exertions, joined to the di
visions and folly conspicuous in the councils
of their enemies, rendered extremely proba
ble.
This system of conduft being agreed on,
it being revived to adopt measures of negb,
Ration in the firft plate, and refervt measures
of compulsion for the last resort, the next
question was as to the mode of negotiating.
% was thought that an embody extraordina
ry fas preferable, that being the customary
mode io cases of unusual importance, and
^carrying with it Wronger indications of a de
termination on the part of our government,
to pursue its obje& with the utmost firmnefs"
and effed Mr. Jay, at that time chief jus
tice of the United States, was nominated by
the President for this purpose, and approved
by the Senate.
Otfeaions both personal and conftitution
^ have been mide to Mr. Jay. He has been
laid to be prepossessed in favor of Britain, and
an avowed enemy to France. If this had
been true it would surely have been a fuffici
cnt reason for rejecting him; but it is not
true. I can contradict it, and do so, on my
own knowledge. I have heard Mr. Jay ex
press in public and private, and those who
have been much more and much longer ac
quainted with him, aflure me that he always
nas expressed the utmost pleasure in the
French revolution, and the warmest withes
for its faccels, the greatest dillike of the
former government, and sentiments of the
„highest esteem add regard for the nation.-=
Mr. Jay indeed thought that the conduct of
a late French minister was exceedingly im
proper, that he was endeavoring to gain an
undue influence over the government, and
involve the country in eonfufion': but Mr.
Jefferfon afro thought so, as his letter ori that
fobjea to our minister at Paris fully proves,
. and Mr. Jefferfon was never thought to hate
the French, though like Mr. Jay and num
berless others of pur best and wileft citizens,
he. thought that our government ought not
to be fulled to the control, or insults of their
minister. S?Mr' Jiy has givenit as his o
pinion, as chief justice of the United States,
that interest ought to be paid on British debts
during the war. This is not my opinion,
but I know that it is the opinion of several
other judges of the supreme court, if not all,
and of a great number of opr founded and
most eminent lawyers. Was it ever heard
before, that because a judge decided against
one party and in favor of the other, he was
an enemy to the former or a friend to the
latter / Mr. Jay, as secretary for foreign af
fairs, gave it as his opinion, it is Gid, that we
bad made infractions of he treaty a* well as
Greatbritai n. The fact is notoriously fo.=
Weagreed not to impede the recovery of just
debts, and we did impede ic in various in
ftanecs. Such are the proofs of Mr fay's
hatred to France and partiality to Greatbrit
ain. But if be were ever so partial to one
and inimical to the other, what has that to
do with the treaty ? Must it stand or fall by
its own merits or demerits, or by those of the
negotiator?/
It is also said that it was contrary to the
conftirution to beftjw this appointment on
Mr. Jay, while Chief Justice of the United
States. If the Prefi3ent in this instance wil
fully infringed the constitution, let those who
think so impeach him. If I can be convinc
ed of it, I, for one, will not only vote for the
impeachment, but support it feith^all my
. might. For, considering that the constitu
tion is "the charter of our liberties, and the
guarantee of them to our posterity, I think
the wilfatinfringement of it an offence which
vno consideration Ihouldinduce us to pardon,
or overlook. If it were only an error in his
judgment, and he too is liable o error, tho'
perhaps not more so than thole who accuse
{him, the error Should have been co.-reac,
tindall legal and proper means used so, that
-purpose? But in the mean time, what has
the merit or demerit of &treaty to do with
the Crror dr the offence? The iqbeftion is,l
whether the treaty be a proper, a beneficial |
one; not whether the minister who negoti
ated it, was constitutionally appointed. If_
the miniOefWere weak, ignorant or wicked,
that would be a good region for'iufpe&mg |
the treaty to be a bad one; but can his til--
ents for negotiation, or his integrity, be lef
; fened or increased by the conftircrionality or;
unconstitutionality of his appointment? But
how does it appear that Mr. Jay's appoint
ment was unconstitutional ? The constitu
tion feys, that the legislative, executive, and'
judicial powers th all be diftind and separate.
But is negotiating a treaty a legflbtive or an
executive ad ? So farfrom it, that it is not,
in the eye of the law or constitution, an ad of ,
any kind. To make a treaty is partly an
executive, partly a legislative ad; but the
minister does not make it arty more than a
lawyer mikes a will or a deed which he is em
ployed to draw up. It derives its 'legal ex-'
iftence and efficacy not from the aft of the
minister Who negotiates and signs it, but
from that of the President and Senate, who
ratify it. They make the treaty, and the
negotiator is only an instrument in their
hands for that purpose ; 'as much an instru
ment as the clerk who is employed ^ en
gross, or the messenger who carries it. But
I,he fame persons, it is said, cannot perform.
two different functions at'once. How does
this appear? The constitution faysmo such
thing. It will Seldom be possible, and more,
Seldom will it be expedient, for the'fame per
son to sustain two functions at one time; but
the constitution does not forbid it, when pof.
fible and expedient ; and of this possibility
and expediency, the President and Senate, in
whom rests the power of appointment, are
to judge. It is further contended, that a
judge will have an improper bias, in favor
of a treaty which he has negotiated, which
he has been concerned in making ; and
Should therefore never be employed for that.
purpose. It would be just as wife to fay, that
no person who had negotiated a treaty, who
had been a member of Congress, or any State
Legislature,could ever after be made a judge ;
because in all those cases he would be called
upon to expound and enforce laws which he
had been concerned in making. ^ At this
rate, before the President can place a man of
the most diftinguilhed talents on the federal
bench, he must enquire, whether the candi
date has eve# been thought worthy of a feat
in the legislature of his own ftate,and if he
has, reject him. He will probably find but
few Who possess this necessary qualification ;
of which I am fare that not one of the present
judges can boast. They have all been mem
bers of their state legislatures, and most of
) them members of Congress. One of them
was taken from the Senate to be ma,de a
judge. I would ask whether it would be
unconstitutional forthe President to call for
the advice of the judges about some execu
tive ad, the ratification of a treaty for in
stance ? And yet a judge who advises a treaty
ma, have as Strong a bias in favor of it, as
one who negotiates it ; and one case is just
as much a blending of the executive and ju
dicial departments as the other. Would it
bk unconstitutional in the President if be was
going on a military expedition during the
recess bf Congress, to make a member of ei
ther house his aid de camp ? Yet this would
be employing a member of the legislative bo
dy in functions appertaining to the executive
department. ee
For these reasons, fellow citizens, it ap
peared to me that Mr. Jay's appointment
could not bejuftly considered as unconstitu
tional, or improper ; and that if it were both
the one and the Other, still this would not
affeft the merits of the treaty ; from an at
tentive arid impartial examination of which,
a correa judgment can alone be formed.
(To be continued.)
^=Zt==^==2Z=— -—-=—--— J.—-=_.—_—c—t—fcßt
PRO BONO PUBLICO.
Q, For the information of our readers we
intend publishing all the Laws of the United
States, which may be passed the present and
future sessions of Congress.
LAW oraOTUT^^
Fourth CONGRESS ,fth UNITED STATES
, 1 AT THE riRST SESSION, '
Begun at Philadelphia, Dec. 7, 1,95.
^c.t. « enabled by the Senate
And House of Representatives of the U,
States of America, in Congress assembled,
That ttie proper accounting officers
fettle the accounts of lieutenant Benja
min Strother, for supporting a num.?
<ter of recruits, on ttieit@arch^^
army, and allow him a realonable sum
for such espeadiiUfCT, on hit produc
ing Uiida&ry proof, that he has
I made futf expendicurwin the feryice
{. : oflHUnited,^ ^^fe^
I FOREIGN intelligence,
;, OMITkDLAST WEEK. ~
BORDERS of tb, RHINE.;
noy. 8. THERE are yet changes>
in the difodfition of the French army
'—The divifiona of French troop#
eammanded by Gen. Lefebvre, Ha-1
try aud D' Herville, who were advan
ced on the other fide of rhe river
Sieg, and which we thought to be
destined to march before to the Lahn
in order to operate advantageously
to the army of Geo. Pichegru, are
fallen back again. We understand
the, are about co take an excellent
position behind the Sieg.'
This has been a movement of re-;
ceffity, occasioned by the approach of
a large body of Austrian troops, who
advanced to attack the Republicans,
and especially by the failure of fop
pliet in a defolafe and ruined country.
The Auftriam feeing thfe retreat,
immediately advanced oppofre Bonn,
with a view of feiziog a bridge of
boats placed between that p ! ace and
the right bank ; but Gen. Emoref,
feeing that such. a manoeuvre might
give them great advantage, passed the
Loire at the bead of a hundred grena
diers and some dragoons, and whi fl
hit small troop skirmished with the
enemy, he drew away the bridge to
the left back.?
By these movements of the Austri
ans, it is perceived that they have re
ceived reinforcements, and that their
end is to march in force on the Low
er Rhine, in order to make an.attempt
on Duffeldorf, & dispossess the French
beyond the Rhine.
Whilst a body of the arm, inclin
ed thus to direct their operations, an
other body commanded by Gen. Bo
rom, made all the necessary disposi
tions in the valley of Ehrenbreitftein,
to h?zird the passage of the Rhine,
in order to cut off a part of the army
of Gen. Jourdan, which has proceed
ed to Hundtruck ; but all the project
of the enemy have bten defeated by
the generous Republicans ; by meant
of the combinations taken by them,
they appear to be entirely thwarted.
Already the French have obtained
many advantages, which augure fav
orably for their future operations.
Gen. Marceau has obtained a con
siderable success near the Nahe, be
hind which a body of Austrians were
entrenched. These were beaten and
a number taken prisoners, among
whom are fomeofficersfof consequence
—Whilst this was puffing on one fide,
another part of the Republicans have
taken port anew in che large isle situ
ated opposite Neuwied, from which
the Austrians have been totally re
pulsed.
1 BRUSSELS, NOV. 21.
The preparations of the enemy on
the fight bank of the Rhine, near the
fortrefs of Ebrenbreitftein, are contin
ually going on, and there is no doubt
of their intending to hazard a passage
of the Rhine in the environs of St.
Goar# The Republicans have made
the best disposition for receiving them
if they persist in the hardy ptojeft, &
we exped every moment to receive
interesting news from this part of the
Rhine., In the mean time, as the Aus
trians keep up a heavy fire upon Cob
lentz and its environs, the French
commandant of that city has ordered
that no citizen go out after five o'ci'k
in the evening, as he cannot answer
for theevih that may, arise from a?
. non observance of this regulation, At
the fame time the bridge of the Mo
lelie has been govered with litter, no
doubt with* a view bf passing it inthe
night with the artillery, and without
the enemy perceiving them. fl
By the fame letters we learn, th,t
the Republicans after having retaken
& . C.< W r -'^ • „; Zb'S
the island figured opposite to Nieu
wied, they have begun to re-eftab!ifh
the bridge of boats' which was there,
before it was taken by the Austrians;
between it and the left back of the
Rhine. #
,ANTZ, NOV. 23.
We heaKhothing hid either of Cha-1
rette or his army. Some la, this reb
elh pissed to the fide of the Chou
ans ; others sffert that he lies sick of
a violent malady, from which he is
not likely soon to recover. I
For some time there h^ arrived
here every day fufiles from the com~
munes of La vendee, which have
been given up.
In the Cantons under the influence
of Stefflet all is tranquil, food persons
travel no where more in fafety than in~
Vendee.
LONDON, NOV". z6.
A letter from Scarborough, dat
ed Nov. 23, fays, The Venge
ance French National cutter, of
io gons, and about 100 men,
commanded by Capt. Ledeile,,
has captured the following ves
sels between Hatcliff Foot and
Flambro' Head, from Friday to
yesterday morning: the BritilL
Tar, with 363 sacks of flour, and"
sent for France ; the Marquis of
Tillibarden, cargo fundrios, sent
for Fiance; the Mary Marit,
in ballast ; and the Thomas and
Mary, with coals, which last ves
sel they gave up the prisoners,
and is arrived at Scarborough.
The Capt. of the British Tar
is taken to France.
The Thetis frigate is arrived
at Portsmouth from Halifax, this
veffcl brings home about 7 tons
of treasure, chiefly taken by the
cruisers on that ftation.'
NEWBEDFOZD, FEB. 28.
Extras of a lottor to th, Rro. Dr. Weft, of this
town, from a torrifondta tn England, dattd
Sept. Stb, 1,„.
" The times are lingular ; and tho'
you in America 4 cannot be supposed,
to be affected by them as we Euro
peans $ yet the overthrow of the most .
powerful monarchy in Europe ; the
annihilation of an anti-chriftian hierar
chy, that has triumphed in its abom
inations and murders, for so many so
ges ; and all this as in an ioftant, can
not but excite the attention of all se
rious, thinking people on your fide
the water. It appears to me that God
is fulfiling those predictions which re
fer to the events of the latter days b
when the earth is to be turned upside
down, and laid waste and void, pre
paratory to the commencement of the
kingdom of Christ in its glory. The *
investigation of the meaning of the
prophets, and the compirifon of what
is passing in the world, with the pic
ture which inspiration has drawn of
God's great work on earth, is a work
which deserves great exertion, but,
alas! there is too much apathy. In
this country we have been well nigh 1
frightened, not only out of all care for,
liberty, but all thought about that
kingdom which is to be ereded on
the ruins of Babylon the great.
"lam afraid that the friends of
liberty, and particularly the dissenters,
will not be able to continue song, &
with any comfort, in, this infatuated
country. Indeed, our national debt is'
accumulating so lift, that all must be
in a bad frua ion. Even fhculd that
grekt convulsion, which there is reason
to fear, bc@ut off for 4few,tars%h
ger, yet it teems a definable thing to
fettle one's children in the rising, in-
Bead of this finking part of the 1
world