National gazette. — Philadelphia [Pa.], 1793-10-02 00:00:00, page 1

Numb. 97 of Vol. ll.] WEDNESDAY, October 2, 1793.
Frtm the Richmond and Manchester
Advertiser-
Extrai7 from No. XL I of the 2<J "olume of
the FederalisY, written in 1788.
" C OMR who have riot denied the nec'ef-
fity of the powers of taxation, have
grounded a very fierce* attack against the
conftitutios on the language in which it is
defined. It has been argued andl echoed,
that the power "to lay and collect taxes,
duties, imports and excites, to pav the
debts, and provide for the common detente
and gsneral welfare of the United States.,
amounts so an uhlimired cpmmiffion to ex
ercise every power which rhay be alledged
to be neceflary for the common defence or
general welfare. N> ftroiiger proof could
be piven of the diflrefles under which these
writers labour for objection ll , than their
Hooping, to fnch a ihifconftruftion. .
" Had no ether enumeration or deflati
on of the powers of the Congrels been
found in the constitution, than the general
expressions just cited, the authors of the
obiettion might have had some colour for
it ; though it would have been difficult to
find A reason for so a form ot dej
-cribine. an authority to Icgiilate in all p«m
ble cases. A power to deltray the freedom
of the prefi, the trial by jury, or even to
regulate the coitrfe ps delcents,of the ■ orms
of conveyances,muft be very Angularly ex
prefled by the term- "to raise money tor
the general welfare."
44 But what colour can the objection
when a fpecifiedtion of the objeels alluded
to by these general terms, immediately
follows ; and is not even reparated by a
lonizer pause than a semicolon. It the dif
ferent parts of the fame inftruntcnt ought
to be so expounded as to give meaning to
every part which will bear it; shall one part
of the famefentencebe exclude 1 altogether
from a (hare in the meaning; ano flßtraw
more doubtful and indefinite terms be
retained in their lull extent, and the clear
and pretife exprelfions, be denied any llg
nificatioh whatroever ? For what purpose
could the enumeration of particular powers
be inferred, if these and all others were
meant to be Included iii the preceding ge
neral power ; Nothing is more natural or
common than firlt to use a general plirafc,
and then to explain a/id quality it by a re
cital of partibulars. But the idea of an e
numeration of particulars, which neither
explain nor qualify the general meaning,
and can have no other elfeft than to con
found and mislead, i» an abfurd.ty which as
we arc reduced to the dilemma Ot .charg
ing either 011 the authors of the objection,
or on the authors of the constitution, we
must take the liberty of supposing, had not
its origin with the latter.
" The objeaion here is the more extra
ordinary, as it appears; that the language
used by the convention is 5 copy from the
articles of confederation. The objetts of
the union among the states as described 111
article 3d are, » their common defence
security of their liberties, and mutual and
general welfare." The terms of article
Bth, are still more identical. "All charges
of war, and all other expences, that shall
be incurred for the fcommori defence or
general welfare, and allowed by the Unit
ed states in Congress shall be defrayed out
of a condition treasury, Scc." A similar
language again occurs in article 9. Con
strue either of these articles by the rules
■Which would juftify the conftruition put
on the new conftituticin, & they vert in the
existing Congress a power to legislate in all
cases wfiatfoever. But what would-have
been thought of that afl'embly, if attaching
themselves to these general expreflions,
and disregarding the fpecificatibns, which
ascertain and limit their import, they had
exercised an unlimited power of providing
for the common defence and general wel
fare i I appeal to the objedtors themselves,
\ hether they would in that cafe have em
ployed the fame reasoning in juftification
of Congress, as they now make use of a
jrainft the convention—How difficult is if
for error to escape its own condemnation.'
Extrait from No. LXXXIII, Jame volume
Page 329.
" Having new seen that the maxims reli
ed upon will not bear the use made of their
let us endeavour to ascertain the propel
use and true meaning. This will bs
beftdoneby examples. The plan of the
convention declares that the power oi
Congress or in other words of the national
legijlature, fliall extend to certain enume
rated cafei. This fpecification of particu
lars evidently excludes all pretension to i
general legislative authority ; beeaufe a*
~ . n , „7, /i. j w r „,,i7.n»YS and Saturdays, [Three Dollars per annum.!
By P. FREN EA V: (at No. 209, Market Street) Pubhjhed Wednesdays ana , L f
affirmative grant of special powers would
be abfiij"d as well as ulelefa, ii a general
authority was intended "
ExtraSfront the report of thl Secretary of
the Treajury, upon the JubjeCl of manu
factures, pages 36, 37.
The secretary speaking of pecuniary
bounties upon tlie manufactures, adopted
the lollowing r'eafonings, and fixes the ad
minillrative coil(1 ruction upon the princi
ples therein detailed.
"AquefHon has been made concerning
the conllitutional right of the government
nf the United States to apply this species
of encouragement, but there is certainly
110 good foundation for such a quertion.
Tlie national legislature has express autho
rity "To l;iy and collect taxes, duties,
imports, and excites, to pay the debts and
provide for the comtnvn defence and gene
ral welfare," with no other qualifications
than that "all duties, import?, and exciles,
lliall be uniform throughout the United
States, that no capitation or other direil
tax (hall be laid unlets in proportion to
numbers ascertained by a cenlus or enume
ration taken 011 the principles preferibed
in the constitution, and that " n» tax or
duty lliall be laid 011 articles exported
from kny slate."
"These three qualifications excepted,
tlie power to raije money is plenary and
indefinite ; and the objects to which it may
We appropriated are no less coriipreheiiGve,
than the payment of the public debts and
:he providing for the common defence and
general ■Ate (fare. The terms "general wel
fare" were douttlefs intended to fignify
rtiore than was exprefl'ed ot- imported in
:hofe which preceded, otherwise nume
rous exigencies incident to the affairs of a
nation would have been left without a
jrovifiort.—The plirafe is as coniprehen
~ive as any that could have been used ; be-
Mmie it was not Jit that the constitutional
juthority of the Union, to appropri»t*. «u.
"evenues fbbiild have, been rertrifletl with
n narrower limits tlten the "general -n/el
rartand because this neceflarily embrac
es a vart variety of particulars, which are
ufseptible neither of fpecification nor of
lefinitiotv
"It is tlierefotb of necessity left to the
lifcretion of the national legislature, to
ironounce upon the objefls, which con
cern the general welfare, and for which,
under that description, an appropriation of
n oncy is requilite and proper.—And there
eeuisto be 110 room for a doubt that what
ever concerns the general interests of leani
ng, of agriculture, of inanufaflures, ind
as commerce, are Within the sphere of the
national countils, as far as regards an ap
plication of money."
[What possible object of government may
not regard the application of money, if
Coiigrefs ftiould think proper to make the
application. J
" The only cjtialiflcatibn of the genebili
ty df the phrase in queftibn, which seems
to be admillible, is this—that the objc£t to
which an appropriation of money is to be
made be general and not local; its opera
tion extending in fait or by possibility thro 1 -
uMt tile Union, and not being confined to a
particular spot."
[How vague anil ihtbmpfetent is the re
flriftion here afforded when Congress are
made the judges of the generality or locality
of the ob-jefl ?]
" Nq objection ought to arise td this con
"trucfion tronl a supposition that it would
imply a power to do whatever else fhotild
appear to Congress conducive to the general
welfare. A power to appropriate money
with this latitude, which is granted too in
cxprejs terms, ould not carry a power to
do any other thing, not authorised in the
conrtitution, either exprcjsly or by fair im -
plication."
A Uniform Federalist.
Foreign Intelligencei
LcSNdon, July 29.
Yeftbrday morning, at ten o'clock, the
Earl of Yarmouth's servant arrived express
at the Secretary of State's office, with an
official letter from his lordfliip, containing
the intelligence of an important event.
On the morning of the 03d inft. the day
011 which the meflenger came away, the
Pruffiai) troops entered Mentz, thegarrifon
having surrendered by capitulation—the
terms, that they shall march out with arms,
baggage, and every thing but their heavy
artillery, drum beating and colours flying ;
and return to France, on condition of not
(erving against the combined powers for
one year.
When the Pruflians entered the place,
they found that the garrison had been
for a confulerable time destitute of nec'ei
faries j and so much so of medicines, fur
the lick and wounded, that ttiuch the
greater part of the latter, had died for
want of proper care.
For several days previoilS to the capitu
lation. the carnage on both fides had been
tlreadftil,the besiegers and the besieged be
ing in many points within piltol (lu.t, and
the latter making constant and desperate
allies.
The King of Irufiia. it is now f«ppofed,
will divide his army into two bodies, the
me under his own command, and the
>ther under that of the Duke of Brunf
.vick, with a view of penetrating into Al
ace and Lorraine at the fame time. A
ew days after the surrender of Merit", the
>ru(iian and the French soldiers were seen
ningled in groups and dances in the moll
Yieiidlv and familiar manner.
On tfie 23d inllant, when the meflenger
eft the camp before Valenciennes,the bat
eries of the third paraHel had been open
ed early in the.monnng, and in the conrfe
if a few hours apparently (ilenced the hre
>f the garrison. The mines had been pulh
?d forward with great vigour, and were
•xpeiSted to be fprnng in a day or two, If
lie hi"it (hotild be answerable to the plan,
lie beliegers would be able to erect their
latteries to batter in breach with perfect
"ecurity as to tile ground, and with little
mnoyance from the enemy under cover ol
he superior ftrefrom the third parallel.
Near thirty Engli(h and Dutch prizes
lave lately been taken by the French crui
"ers in the Baltic.
The King of Prufliaiiaving for sortie time
jalt had an army of above 120,000 men
Hitler his command, the greater part ol
his nunjber confiding of Au(lrians,Heflians,
md troops of the-Empire, has not (tintfd
Ijc evpenditilre jjri the liege of Mentz. At
he lowed computation he his laid out
:co men a day !
The Ottoman Porte Has begun to express
onfiderable uneasiness at the partition of
Poland, which all the representations and
pacific aflurances of the Ruffian minister
lave not been able to remove.
When the lated accounts were sent
from Lord Howe's fleet, it was at an
ther in Torbay, for which it bore up on
Holiday evening last In a thick fog and
trong westerly wind.
July 30. The capitulation of MeritK is
ilghlv honourable to the French. They
:00k the place without the loss of a man ;
t has co(f the allied armies months of time,
a million of money, and many thousands
jf men to retake it.
If every ftrongpoft in the hands of the
French (hall take as much time, and cod
is much blood and treasure to reduce as
Mentz, it is a cjueflibn on which we ought
to deliberate, how long, it will last, and
what will be the total expence ?
The account of the conquests on the
Frontier (lands at present thus ; the
Atidrtanj have got Conde ; the Prussian:
Mentz; and the Britifiia procession 1
Yesterday morning a meflenger arrived
at the office of the Rt. Hon. Lord Gren
l ille, his Majefty's^principal Secretary ol
Stale for foreign affairs, with difpatchei
from the Earl of Yarmouth, dated atthe
camp of Mentz, July 23, contain
an account of the surrender of that city tc
his Prussian Majclty on the preceding day.
with the articles of capitulation, of which
the following is a tranllation :
Articles of C apitttlAtioi>}ofT-red bj
Brigadier-General L'Oyre. Commandei
in Chief at Mentz, Caflel, and the
places which are dependent tipon them,
Art. I. army (hall delivei
up to his Majedj the King of Prnffia tht
city of Mentz and Caflel, together with
their fortifications and all the polls \Vhicl
belong to them, in theirprefent state ; a!fi
the artillery, both French and foreign war
like stores and provisions, those matters
1 > 111y excepted, which are mentioned in the
following articles. [/Icicp/ctl.']
Art. 11. The garrison (hall march out
with all the honours of war, carrying away
their arms, baggage, and other effects, the
private property of the inviduals of the
«arrifon.
Anf. Granted, on condition tli3t the
ijarr.fon (hall not serve, during thefpace 01,
1 year, against the armies of the allied pow
ers ; and that if they carry away any co
hered waggons, his Prussian Majesty re
serves the right of searching them in cafe
lie fliould think proper.
Art. 111. The garrison shall be allowed
to carry away with them their field piece#
with their carriages. \_RefuJed.]
Art. IV. The general officers, private
persons, the commifTaries of war, ajl the
directors, andthofe employed underthem,.
in the diftereut departments of the army,
and, in general, all individuals, French
fubie£ts, belonging to the garrison, llsalL
carry away their hofies, carriages and ef
fe£ts. {Granted. ]
Art. V. The garrifoh shall remain in
tfce place Forty-eight hours after the sig
nature of the present capitulation, and, if
that time (hould not be fufficient for the
last divisions, a further delay of twenty
four hours {hail be granted to them.
[Granted."]
Art. VI. The Commander in Chief
(hall be permitted to feh'd one or more
agents, furuilhed with palfports, by hii
Pruflian Majesty, to endeavor to procure
the money necelfary for the payment of the
debts contrasted by the army ; and the
French garrison defires,.that until the faicl
debts lhall be discharged, or until an ar
rangement shall be made for their liquida
tion, permifllon may granted thein to lejjve
hollages, who may ,rely on his Majefty'i
protection. (Granted.)
Art- VII. The garrison of Meritz
and its dependencies, immediately after
their evacuation, (hall begin their march
towards France ill several columns, and
dial! set out at different times. Each co
lumn shall be furnifhed with, a Pruflian
escort for their fafety to the frontier. Ge
neral D'Oyre (hill have this liberty of fend
ing in advance the ftafF officers and the
commifTaries of war, in order to provide
for the subsistence and accommodation of
the French troops. (Granted.)
Art. VIII.. In cafe the liorfes and car
riages belonging to the French army (hould
not be fufficient for the transport of the
camp equipage and other effetls mentioned
in the preceding articles, they (hall be fur
nifhed with others in the country, upon
paying for thetn. (Granted.)
Art. IX. As the removal of the (ick, arid
especially of the wounded, cannot be done
by land carriage without endangering their
lives, a fufiiclerit number of boats (hall be
furnilhed, at the expence of the Frencfi
nation, for conveying them b.y water to
Thionville arid Mctz, taking the neceflary
precautions for the fubliftence of those ho
nourable viitims of the war. (Vranted.)
Art. X . Until the entire evacuation of
the French army, none of the inhabitant!
who are now out of Mentz, shall be per
mitted to return thither, (Granted.)
Art. XI. Immediately after the signa
ture of the present capitulation, the troops
of the besieging army may take pofTcffion «f
the following ports, viz.
Fort Charles,—Fort Welfch.—Fort Eli -
sSbeth. — Fort St. Philip.—The trouble
Tenail.^—Fore. Linfenberj;.—Fort Haupt-
Iteih. —Fort Mars.—The iiland of St. Pe-.
ter. —and the two gates of Caflel leading
to Frankfort and (o Wifbaden.
They may moreover occupy conjointly
with the frencli troops the gate of New
thor, and the extremity of the bridge of
the Rhine adjacent to the right tank of
: hat river. (Accepted.)
Art. X T i. Colonel Dotiay, direitof- of
the arsenal, Lieutenant-Colonel Riboiffiti,
üb-dife£l6r, and LieUtenSnt-Colond Va
line) chief officer of engineers, shall deli -
i'er over, with,as little delay as pollible, 10
the principal officers of artillery anil engi
neers of the Pruflian i<rmy, the arms, am
munition, plans, &c. relative to the duties
ivith which they fnall be refpeftively charg
;d. (Accepted.)
Act. Xlll. A CommifTary at War fliall
in like maaner be appointed to receive the
magazines and effects which they con
tain. (Accepted.)
Art. Xi V. Additional article. The de-;
ferters from the combined armies shall be
ftriftly delivered up.
Doue at Marieuborn the 2jd of July,
' 793-
Aug. 8— to. Letters from Paris of th«
ift inltant, state, that at that time all wa«
tranquil. The accounts of the taking of
Valenciennes only been officially slated
i* the convention, but had excited a mere
momentary It was generally un
derflood and firmly believed at Calais,
tliat the combined armies were on their
march, in two columns, from the camp be
fore Valenciennes, to lay siege to Lisle.
General Cufline and general Miranda were
(till in the Abbaye prifoi', as well as M.
Briffot, whose trial had not yet taken
place.
[Total Numb. 201.]