National gazette. — Philadelphia [Pa.], 1793-09-25 00:00:00, page 1

Numb. 95 of Vol. ll.] WEDNESDAY\ September 25, 1793.
I'rum the Richmond and Manchester
Advertiser of September 12.
tT is not unfrequent to ohfrrve of late in
the ministerial, 01 court papers, all tlie
power? of rlietoric and ridicule exerted, to
fupprefa every free comment upon govern
mental nieafures & every scrutiny into the
official conduct of its individual adinrnlftra
tora; to cffe£t this nbj"tl a new species of
threats against some printers, have not
been withheld. The free difcuflion of these
fubjeftscan be objectionable or flangerous,
but upon one principle (to wit) an adm\fiion
of the inability of the great majority of the
people to form tempcrare and right conclu
sions from such difeufliofls. 1 his adminu'ii
would be insulting to tile people. 1: would
be improper in itfelf, because it is uniform
ly contradiQed by the fact. It is pointedly
repugnant to the fundamental principle ol
our government. The ability of the.peo
ple to govern themfelve<, is the ground
work of our constitution, every informaii
on furnilhed refpeSting their political right!
and governmental proceedings, is an addi
tion to their intelligence, a:.d of ccurle to
the means of judging rightly. The mo
tives inducing this gross attack upon the
liberty of the press, by a party, cannot be
mistaken, they spring from a confcioulnefs
of the unnatural state of internal affairs,
produced by the artifice & partiality of ad
ministration, from their fears, that the peo
ple will become informed, ai'd the conse
quent effe£t of the information will be.the
correction of ad mini ft r a lion, by the irre
fiftible pronunciation of the public will.
The difcuflions refpedting the late pro
clamation of neutrality, havo been the mod
criminated and reviled. The affeitioiu
of the people for the perjan of the Presi
dent, and their virtuoys gratitncie f'»r his
former Jerv'ccs have been courted in the
irioF insinuating manner, lo proneutice a
condemnation against thrift who have dared
to fp.*alt their opinions relpecting cnc of hi:
official acts. That the President's feelings
should have sustained an injury from the pun
gency of these discussions, is to be regretted;
every good man will conctir in rendering
tribute to his patriotism and good intenti
on ; but tt is thought, a compensation i;
afforded to the public for this dircumftancc
in the good effe&s attributable in some mea
sure to these difcuflions. The great ma
jority of the people upon this, as opor
rnoft other fubjetts, which are fairlj
brought before them, feein to have decidec
with the most temperate propriety, anc
this decision has furnifhed ajnlt condem
nation of the party who would interrupt
the free course of political inreftigations.
If the newspapers may be looked at the
mirror reflecting truly the public miild, ii
would present an opinion very generally
concurring upon this delicately interesting
fubjett The public mind from the ex
treme! of N. Hamplhlre, to the extremes
of Georgia, seem to have fettled upon these
two primary points. Firft,ths»t there ought to
be an honourable compliance with the treaty
between the United Aates and France —
2d, That a ftri£t neutrality towards the
powers at war, ought to be observed. Ho
nor, duty, intertf, gratitude, would de
mind the firft measure, the enchanting ad
vantpges of peace would require the latter.
If acting upon these two principles, fnoulc
involve 110 incompatibility of condtift, the
great majority of the people would proba
bly be found to unite in the opinions of it!
propriety. There would still be found,
however, a contemptible Britlfh factien.
perhaps with our financial officer at theii
head, who would willingly disavow a com
pliance with the treaty, and attempt s
more intimate connexion with Britain.—
This policy is dittated by two motives, tht
one, a preference for the Britifli govern,
ment ,and a latent hope, that ours may ul
timately be run into a similar mould ; thj
other, the dependence of the darling fund
ing system upon a commercial conpeftioi
with Brirain, and the apprehension, thai
an interruption of our Britifli commerce
would interrupt the punflual payments ol
the interest upon the funded debt.
The original difference of opinion re
fpefting the Proclamation, seems rather tc
l:ave referred, to the contlruttive oijelt ol
it, than the mere ad of ifiuing it. Its op
pofers have acted under the conftru£tive
idea, that it was intended to elude an ho
norable compliance .with our treaty with
France; its favorites have been of opinion,
that it was intended as a mere declaration
•f the existing state of the u?tion, and not
By P.FRENEAU: (at No. Street) Pubiijhcd Wednesdays Saturdays, [Th RIE Dollar, pir annum.]
intended to vary or change its pre ex'tfting
lignature.
Ii the former were its object, the Pro
clamation would be every where justly
condemned. li'tlie latter were its otijeit,
its rauli inveterate enemies mult admit, it
would have been at least harmlef?. The
latter having been explained by subsequent
aits to have been the intention of the pro
clamation, it is presumed, no material dif
ference of opinion can now exist lipon that
fubjeil.—lt is somewhat lingular that
there fnould have appeared in print, but
one fyfiematjc attempt to defend the pro
clamation; it is more lingular that its fa
vorers P.tould almolt unanimously, acqui
esce Fn the supposed success of tlris attempt,
and It is molt lingular, that with many,
the defence Ihomd turn out the proclama
tion's fevered accuser. The defence al
luded to, has been presented to the public
in leveral pieces under tile iignature o! Pa
cificus. Ihe flrft number which speaks o!
the conrtitutional right of the l'relident to
ifl'ue a proclamation inipoling neutrality,
teems with 'contradictions and absurdities.
The doflrines it inculcates u are of a na
ture to excite attention —to beget alarm
to inspire doubts. Deductions of a verj
extraordinary complexion lr.aj, -.vifhout
forcing the sense, be drawn from them.
it is not proposed lo attempt a fyftema
tic refutation of Pacificu . the attempt
wojjld be troublesome and unpleasant tc
the writer, and unprofitable to the reader ;
iv is intended only to point rut two or three
pontradiftions and absurdities ;n his iirll
number.—Pacificus fir ft atferl s, that the
object of the proclamation was, merely tc
declare the existing date of the nation ii
the next place he aflerts, the object to have
been, to disavow a compliance with th<
nth article of the treaty with France
Here then is. the nioft radical and eflentia
cpHtradiflioa in the awwed nbjatt of the
proclamation. It will be readily admittei
that the Prelident may of right proclain
theexiiling slate of the nation, whenevei
he may think proper, but it would be '•
folly in him to do so, without the existence
ijf some extraordinary caufe.—lt will ai
the fame time be pofuively denied, that he
may of r'ght dispense with one tittle oi ai'
rxi'fting treaty, or that he is the conftitute<
tribunal of decision for that purppfe. The
right to dispense with one article of a trea
ty necellarily includes a concurrent right
to dispense with any other ; if, therefore
it be admitted, that the Preiident may dis
pense with one article of a treaty, he
may if tight dispense with all treaties: A
fir Hot*, he may dispense with all laws;
conlliuitiohally yielding to treaties whet
brought in to collision.—The chiefqueltion,
which has agitated the public mind, result
ing from the proclamation, has been, whe
ther it was, or was not, intended to have
the force of law? Pacificus teachei
lis, that it is not only equivalent to the or
dinary municipal regulations, but is ever
uperior to the Jupreme law of the land
iince it may repeal, or what amounts tc
'.lie fame thin;;, dispense with its execution
It is however tielieved, that this is only the
infatuated wilb of the sophist, and not the
sbje£t of the Prelident.—Pacificus nexi
proceeds to search the canltitufion for this
right in the Prelident, and inltead of find
ing it in express terms, deduces it from the
words " Executive power" These word:
are nothing more than the mere designa
tion of a department, they do not amotfnt tc
the ceflion ot a fcintiila of authority. —The
term "executive power," when applicable
to government, and left otherwise undefin
;d,isa relative term. To afcertaiii its mean
ing, and limit its extent, reference must be
nad to its meaning and extent in other go
vernments. It appears obviotlfly to have
been the intention of the writer, that En
gland lhouid be refoted to, as the orthodox
itandard of definition, and under the sweep
ing influence of thi» reasoning, the Preli
dent would be furnilhed with the fume
strong arm in America, which, is compofec
jf the royal executive prerogatives there
The only check supplied by our sophist
:cnlifls of the rights exprejsly reserved t<
:he people in the conllitution. The ron
(litution being an affirmative grant of au
thorities, anel not a negative reservation of
rights, would afford a check, truly impotent
and unavailing.
It is not proposed to enlarge upon the
old topic of conltruetive powers; it could
not be effectually done without encroach
ing upon the ground occupied by Publius in
1788. For my next number, therefore, a
republication of number XXXI3I of the
firft vol. and part of number XLI of fecund
volume, page 46, 47, of the once federal
Pliblius; an exira£t from the report upon
manufactures, and so much as Pacificus as
immediately relates to this fubje£t, will be
reqeftect.—The public may thus behold the
progrelfive ftateot "federal orthodoxy.''
The public will find the ground then oc
cupied by Pilblius, now occupied by the
minority of Congress ; all their efforts feein
to ha"ve been directed towards an adminis
tration of the government upon the adopt
*nS conftruft'oH of the Constitution, whilst,
if the ideal Pubiius of 1788, and Pacificus
of 1793, fti°uld unite in the Tame real per
son. it will be observed that Pubiius has
advanced from the found sense and solid
reasonings which procured him the exclu
sive appellation of 44 The Federali{t," to a
more extravagant cafuiltry than has ever
been furnilhed in the exfuffolate surmises
of the molt jealous Antifederal.
The sophist having observed that this
fccpe of reasoning was wholly unneceflary
for ths direct object in view, and leaving
the reader to infer that his collateral ob
ie£t in having tlfed it, was to familiarize
the public mind to this boundless adminis
trative conftruilion,proceeds to deduce the
rqjht of the President from this expreflion,
" He (hall take care that the laws be faith
fully executed." It is a strange inference
indeed 1 that a duty impojcd to execute the
laws, fliould involve the right to controul
or dijpenfe with their execu'iou. This in
ference decorates the dotlrine of implication
with all its fantaftical fubtilties.
The ease of removal from office ha?
been adduced as an exemplification of the
conclusions of the sophist, in the cafe of the
proclamation: In that cafe the question
was, whether the President, whocimflitu
tionally polfefl'es the right of appointment
to office, fijouid exclusively exereife the
removal from office, in which lat
ter c,.£'he C onftitutio!l was silent? or
whether in the cafe of removal fume other
branch of tire government fiiouii! Partici
pate with him ?—ln the cafe of removal,
a law was found neceftury to fan&ion the
'xercife of the right in the President ; the
ilfent of the other branches of the go
vernment were then deemed indifpenfa
jle, If the cases be analagons, why are
:hefe requisites now dispensed with ? they
:ertalnly ought not to be upon the Jcore of
inalagy. In the cafe ot removal from
office, the right of appointment being con
litutionally veiled in the President, the
ight of removal was deemed incidental to
t. If the fame reasoning were to prevail
in the cafe of the proclamation, it would
i'eft the right, at least of deciding on the
validity of treaties, in Congress collectively,
ind riot in the President exclusively. be
:aufe the general authority of declaring
war, is vetted in Congress collectively, and
not in the President exclusively, and the
Jecifion refpefting the efficacy or inefiicaey
of exilting treaties, seems inseparably con
nected with that right. The constitutional
object of,veiling Congress colle£tively with
the right to declare war. was to prevent
the United States from being drawn into
war, without the content of the people.
If the President ufiirp the right of refil
ing a compliance with treaties, he may in
volve the United States in a war, not only
without the cdnfent, but againlt the wiflies
md interests of the people ; and by this
ophiftical artifice, the mod wife and va
uable provision of the constitution, would
>e rendered unavailing. It Ihould be re
:olle£ted, that there is no precise form of
■vorcts for declaring war, and a refufal to
:omply with an exilting treaty, may fub
lantially amount to a declaration of
,var, as it may be the jufl cauje of pro
■oking a war from tin oppo'liie cantratling
lation ; the fubllance of declaring war
nay thus be usurped by the Pr?lident,
•vhilft the shadow i> h ft for the amusement
if Congress. The present situation of the
Jnited States, furni'hes the molt striking
example—the President by dispensing with
in exilting treaty, may provoke a war
with France. The mealure would plunge
the moll envenomed dagger into the hearts
:>f Uie American people. Although it is
leared that the reaforimgs of this dangerous
sophist were officially laid before the Pre
sident previously to i filling the proclama
tion, it is yet Imped, it is yet believed, that
lie could not lilU-n pleafurably to opinions
inducing so palpable a usurpation of pow
er. It is hoped tl at the President has not
determined to dispense with one tittle of
an ex',fling treaty, or that lie is the consti
tuted tribunal for making such a decision.
The President mull know that the attempt
tu l?ad America war 2gainft France,
would either eventuate in exhibiting the
inefficacy of the constituted tribunals, wlaert
exerted against the virtuous affe£tions of
the great body of the people—or to effect
the object, would purple the Americsit
fields with the blood of his flaughtercd
countrymen. „
Americans ! you differ not in yovrpoliti
cal priric'ples—you adore liberty-r-you ad
mire republicanism—you are diftraited
and divided in matters of belief —you are
reluctant in the belief of designs which
may dilturb Jyur peace. Suffer not poli
tical artifices to gain a viftwrv over your
underfiandings. But permit me, honest
unbelievers 1 to direst your eyes to foma
infallible beacons. — Behold your perpetual
iebts, your perpetual taxes,unheard of till
of late in America—look at their effects
upon posterity—compare them with the
;ffe£ts of the old British debts. Behold th«
>ank.—See the sympathy between the
BfitiUi and American stockholder. Look:
at the veil ftirnifhed for their dark negosi
itions. See the aveniie of corruption to
:ongre(lional adventurers. Behold the
noney destined by law to retribute a debt
;f justice—os honor—of gratitude—of in
inite utility—drawn from its hallowed
leftin.atiori in the time of fieed, to embar
rass the ftrnggl; ;g catife of liberty, and to
ncreafe the depolits in the bank. See the
offending officer called on to rendjr an ac
lount of his hidden trahfailions—Behold
he Bank Directors fitting as his congreffi«
jnal judges—See them not only difcharg
ng him with impunity, but applauding his
leroic contempt of your constitution and
aw. See the fame Bank Dire&ors re
viving a portion of the emoluments re
"ulting from the iiicreafed ability of the
sank to difcotint by means of these depo
its. See the officer acknowledging fa&s,
ind the more cautious guardians of his re
station denying their existence. See the
prevarications, deceptions, and fubtilties
i)f ti'ieTrtucer, eqaaflrd by netnirg but his
nfulting contumacy, when fumnioned to
jifclofe the history of his proceedings. Be
laid the coercive influence of a created
>ap£»" and British faction, made the ground
work of admiriftration, whilst the voice
>f the pnbijc will, is either (lifted ordif
•egarded. See ;l?e adopting anftrudion
>f your conflitution. be'tldj the bound
els scope of admini[irctiive £dhJ?>ultion,
ind compare with them, the rigij
riony of conftruclive powers when the
French tre;. y is to be expounded. Behold
_he crocodilifli tears affeaedly died for
LiOuis the XVlth, but really shed for the
rail of defpotifin and the triumph of liberty.
>ee the placid obduracy of the Came tender,
tathetic hearts, when thousands of their
fellow men are flaughrered in the virtuous
upport of their righto, against the op
jreffive wron-rs ps tyrants'. See republi
:anifm fpuriied at, even across the Atlantic.
Behold the difference in a point of Ia it,
between your judges and your jury. See
an arrogant Scotchman, of doubtful cl ar
after during our late struggle for liberty,
mounted upon the supreme judicial bench.
See him alarming the jury with the hor
rors of a civil war, unlefa they found a ci
:izen guilty of a crime, against whom they
:ovild find no crime.-Behold him called
an for the law defining the crime and fixl
: ng the punishment. —See him instead of
sroducing one law, averting the breach of
' many laws.' - —Behold him in his zealous
earch afliidft the confufion and uncertain
ly of the 1 aws of nations, in the preambles
aftrfaties.and in the conceits ofllis own di
flurbed imagination.seeking for pen .1 laws
to furnith the condemnation of a citizen.
Behoid the attempts upon the sovereignty
ijfyour Hate governments. See yi»ur hatt?d
dependence npou Britain,thro' the/ympa
>hy of your debts aud impofls.—Behold the
pitiful and ififamous attempts to transfer
your affections from the French to the Bri
:ifh cause. Behold a (Chief "Justice and a
Senator, the avowed heroes of a popular
tlamour. See the mighty importance given
to one, perhaps inconsiderate, perhaps un~
ihflifimble expreflion of an enlightened
French patriot. See the unfriendly (fcruti.
nizing jealousy upon his conduct. See with
what eager impetuefity it is expoftd to
the public view. Behold the new fangled
**** threats against your printers, for
telling you the truth. Examine the sources
ef these flrange phenomena ; look at their
objects, and decide whethef they be the
effect of accident or fyttem—Thendi/belieiie
f your JenJes will permit you, the exifiencl
of tome formidable coitfpiracy a Fain It your
government, your liberties, and your pre.
perties,
A Uniform Fedtrtlifi
[Total Numb. 199 ]