The Eagle, or, Dartmouth centinel — Hanover, N.H., 1796-04-04 00:00:00, page 2

!§&• )' ^'*%.^"^^l t ^*;''^•'W'ViJrar'b'&k : <4 > 'x< m #
which ft tave contenHed lacra^fed and
toft=let us then take the conftiiation
at Vat guide and as the expref# will of
the people, fee with what authority this
tteay has been made.
In the 6ffl session of the ad. article
pf the constitution it is declared that the
executive power !hal4 be vrfted in a
President of the United States of Amer
ica. In another da sfcof the fame Sec
tion it it declared chit before he enters
upon the execution of his office he Shall
take nn oath that he will faithfully exe
cute the office of Pt fident of the Uni
ted States, and will to the best of bis
ability,prferve, proreft and defend the
ponHiturion of the United States. And
in the id. feftibn of the fame article it
is declared, That he (hall have power,
by and with the advice and consent of
the Senate to make Treaties provided
two thirds oft he Senators prefect con
cur, and that he (hall nominate and by
and with the advice and consent of the
Senate (ball appoint Ambassadors, other
public minifteTs, and consuls ; and in
the 6th article it is declared that all
treaties trade or which (hall be made
under the authority of the United States
ihall he the supreme law of the land.
By these passages I conceive that the
that the will of the Sovereign people is
clearly expressed that the President is to
stand as their representative clearly au
thorized by them to make Treaties, and
vested with every necessary requisite
power for that purpose— shat he is pla
ced as their organ through whom their
will is to be known in relation to all
those national compaß ^ and it is equal
ly clear that if he has kept within the
bounds prescribed by the constitution,
the treaty now in qoeftion is become a
Supreme Law of <he Land, and that a
greeable to the express and dispassion
ate will of the great body of the people.
1 will adfoit that if the President has af
fu med powers which are not delegated
to him by the people in making and
publishing the Treats, it is void in it
lelf. But of what use fir, can those pa
pers be to us in detejraihing that ques
tion ? Are we to explain that the Trea
ty by private ard confidential papers,
or by any thing extraneous to the in
ftrumentitfelff I conclude not, Sir.
IDC ITltt rUTrrvwwb ^ Ab^t. Lilt axe g leaf
us compare it with the Constitution,
and fee if there is one article, sentence,
word or Syllable in the treaty which
elathes with, or is contradidory to, the
Confutation, This is an enquiry
which I will pledge mvf&f not to op
pose ; but for this, those papers can be
of no use. Bbt if we are to take upon
ourselves the right of judging whether
it was expedient to make the treaty or
not—Whether it is as good a one as
might have been obtained or not ; and
if we are to assume the power of judg
ing upon the merits as well as the con
ftiiutionality of it, then those papers
may be necessary ; and if we possess the(
"flower of thus judging, then we equally
possess the right of calling for those pa
pers. But, fir, from whence do we de
rive this right I Have the people when
coolly deliberating ? upon, and
forming the Constitution, which
is the etyteffion of their difpaf
flonate will, in that Constitution given
oi this right ? No, not a fy liable in the
Cenftitution that even intimites the
idea. Do we possess the right merely
because we are the Representatives of
the people ? No, that cannot be, for
we are their Representatives only for
particular purposes, and the Constitu
tion has prescribed to us our bounds,
and assigned to us the line of our pow
ers, at well as to the executive. Ate
we to derive this right from popular
opposition to the treaty, and from
thence fay, tbit it is the Will of the na
&n that we Should exeteife this right
■enquiry ? Is then popular clamour,
Urich origina;eis in difeontent, is fof
■ed in passion and violence, and ftim-
Ited by the intrigues ofinterefted and
Bbitious individuals, to be taken as
dispassionate will of the nation ? If
so, how are we to designate and mark
out the numbers of the discontented /
are we to learn them frominflammatory
newspaper publications, teaming with
invectives against the measures of gov
ernment, which do not carry even the
appearance of reason with them ?
These can furnish no data, by which to
determine whether it i, one tenth, one
hundreth, or even one thousandth part
of the nation that is difeontented,or un-
Satisfied. Are We to learn it by the j
petitions now before Congress ? If so, ,
the petitioners do not constitute one}
thousandth part of the nation. But I
prefame, Sir, as those petitionshave all
one stamp, the petitioners tore all in bh
ifon of Sentiment ; if so, Sir, I have a
specimen of their ideas ; the refutation
ot Bennington County Convention,
transmitted to me, goes do further
than to request the Representatives of
that State to use their best endeavors to
bring on a difeuffion of the constitu
tionality of the treaty., It does not
even suggest the idea that we have or
Should exercise the power to call for
those papers to judge of the expediency
of making the treaty—whether it is as
good a one as might have been obtain
ed or not, or of exerefiing any power in
judging upon the merits of it. Shall
wethen assume the power, and go even
beyond the wishes of the difeoncented ?
If so, where Shall we stop ? If we may
by an affumtion of power invade the
prerogatives of the people vested in the
President as their representative in mak
ing treaties, and rifle the Sacred deposit
of their confidential correspondences
with foreign nations; if we may set
ourselves up as the judges in those mat
ters, then we may fay our judgment is
better than his, may rcfe:ve it, and
annul the Treaty—who is then to make
the next ? Is it. fuppofeable that the
President will again attempt it, when
the principle is fixed that he is not the
ultimate judge of its expediency and
merit, ? No, Sir, to me it is absurd.
We must then take the whole power to
ourselves, and become the negotiators.
If we may do this, upon the fame prin
ciple, however there Shall be a popular
clamour raised against the perlons ap
pointed to the Judiciary Department,
we may interpose, call on the President
for the reafon# of his making the ap
pointment, declare the appointment in
judicious, withhold the appropriations
for their Salaries, and engross ail the ju
diciary powers to ourfeives. Upon the
fame principle we may declare that
our judgment is better than that of the
President in refped to adjournments ;
declare our fittings perpetual, and con
stitute ourselves the L^ flators, the
Judges and Executioners ot the law, and
thereby become the Accusers, Judges
and Executioners of our fellow-citizens
—This would be forming an aristocracy
with a witness ; and where then would
.he (he boafled rights of America, for
which She fougnr ana area. rm>,T
conceive. Sir, is a faint, but just pic
ture of the confeqtiencea which would
naturally follow from the adoption of
the measure now under consideration.
But Suffer me, Sir, to reverse the ta
bles, and consider this fubjedin ano
ther point of light. Let us suppose,
that every word in the Conftiturion,
which now applies to the powers of the
President in making treaties, applied to
us, and that all the powers which now
apply to us as a legislative body, ap
plied to the President—let us in our im
agination make a mutual transfer of all
those powers, and suppose our Selves to
be completely placed in the situation of
rhe President in refpe& to this matter —
this! think, Sir, is a fairway to examine the
fubj^a ; for, when we in imagination only
confide, our(elves as clothed with those pow
ers, it cannot rationally be fuppefed that we
Shall instantly attach to the idea any of those
prejudices, which after a long exercise of
those powers we might possess—then Sir,
considering ourfclves as having all those con
ftitational powers, let us suppose that we had
negotiated, made and ratified the prefect
treaty—had exchanged the ratifications, pro
mulgated it and issued our proclamation, Sign
ed by the speaker of this House, enjoining the
execution of, and obedience to it as a su
preme law of the land, and had communica
ted it to the President, as he now has to us,
for the purpose ofhis making the necessary
provisions for carrying it into cffe&, and then
suppose he had done as we are now about to
do—called on us for the io&ru&iooa which
we gave our com mittee or agent, and the cor
respondence held while the treaty was nego
tiating-let every member now prefect, re-
Re& and determine for himfelf, what our
feelings would then be upon the fubje&
Would not our keen sensibility be raised as
much as when our virtues was afftiled by the
contaminating breath of Randall ? should
£we not confide, it as an insult to the maiefty
of the people, which so conspicuously (hone
thro' us as their representatives ? Should we
not then fay that he was assuming powers
which were not delegated to him — that it was
invading the prerogatives of the people vetted
in us, and rifling the faered deposit of their
national correfpondencea? Should we not at
once embrace every idea which I have sug
gested upon this fubje&, as now applying to
the President ? Would it not be fed at once,
that he was aiming to engrofi all the powers
of government, and to set himfelf up as a
defot? Would not his insolence resound
from every fide of these walls—be handed
about from one end of the continent to the
other, and wafted even into distant dirtiest
Nay, Sir, should we not even go farther, and
fay, that as the Constitution had vested in as
the power to make treaties, it had also necef-,
farify given to the foie right of judging both
of the merits and constitutionality of it—
fhould we not (ay, the people by giving us the
power, bad therjy decided the point and de
termined us as being die bell fa ultimate
judges, and that it wi s not for the President
to impeach oar jadgment, nor Implicate us as
having violated the oath we had taken ?I
presume, Sir, we should fay all this and much
more. By what rule ot reason then do we
calculate, to suppose die President does not
now possess all those feelings and embrace all
those ideas, as applying to him, landing as the
reprefentauve of the people in making trea
ties, and how can we suppose it would not be
a violation of the confutation, and an assump
tion of fK>wer in us to adapt this measure ? Is
it not clear, that if the will of the people ''
not texpreffed in the Confutation, nor the
will of the nation in, the opposition to the
treaty, that we should exercise this power —
that our exercising of it would be a departure
from the will of the people, and that cur
government would no longer rest on that ba
ns, and would it not then be equally clear,
that we had abandoned the inestimable rigths
for which we had contended.
In this point of view I cor,Gder the ques
tion as all-important. On the prefect crisis
depends the great and important question—
Whether a free people are capable of fell
government whether we are to enjoy
me, reign of laws dilated by the dif
p^ffionate will of the great body of the peo
ple, or whether we are to be fubje& to the
reign of popular frenzy, anarchy andAconfu-
Gon on the one hand, or the infolen^reighn
of despotism on the other—A I for which we
have fought and bled is therefore, at flake ;
and as I conceive the passing this resolution
would go to the abolition of those ficred
rights ; should I give my consent to it, the
blood which I have shed, and my own muti
lated frame would reproach me.
Germany.
FRANKFORT, JAN. J.
The French Geri, Kieler goes co Straf
where he will have the command.
janaaT, §'— The command of Gen.
Clairfavt's army has been delivered o
ver to Gen. Wartenfleben, and that of
the Empire, to the Count D'Erbach.
The head quarters remain at Ma,ence.
Januar, i 2.— The imperial troops
have all gone into winter quarters ; the
'greateft part of our Cavalry is in Wet
teravia ; neverihelefs they observe great
caution to their outer pofta-All sh&
places which seem to stand in need of jf
are providing with entrenchments fd
redoubts, at which 4000 men are com
monly at work.
The French have likewise taken up
their winter quarters at a pretty good
distance from the theatre of war.—The
greatett part ofJourdan'aArmy having
retired as tar as beyond the Meuse,
while that of Pieheg.ru have for the
greatest part gone into whe vicinity of
Stralburg.
Cessation of Hostilities. \
Jaauar, 1.9. —The fallowing is an au
thentick copy of the Articles contained
in the A& of Cessation of Hottiliries
concluded between the Imperial Gen.
Kray, and the French Gen. Marcean,
as empowered for that purpose by the
refpettive Generals in Chief ot the two
hostile Armies. .
1. All hostilities between the two Ar
mies (hall ccafe on the 31st of Decem
ber, f 79§s a °d cannot be resumed un
less ten days previous notice be given
by the party that intends to attack the
other. ; ,
2. This notice is to be in writing,and
conveyed by an Officer, who is to re
main as an hostage daring the ten day,
with the party which received the no
tite.> /'' . ~'
3. The petitions and advanced of the
two refpe&ive Armies fhali remain in
the fame date as at prefenr, except the
alteration agreed upon and mentioned
hereafter , and in case any mistake aris
es refpefting such alteration, the com
manders of both refpedive and advanc
ed posts are to be immediately rerhoved b
and others put in their place. #
4. No part of the two Armies (hall
enter a place which has not been entire
ly evacuated by the other.
No patrole fhali past the establish
ed linet.
The French Army of the Rhine have
established their Head quarters at
Haguenart. ; : / i'
The Imperial Army, under command
of Marthall Clairfayr, including the
troops of the Empire and the Austrians
who were posted in the Duchy of Berg,
amount to 46,000 men; and the Army
under Marthal Count Warmfer, includ
ing the troops under the Prince of Con
de, to 61 ,000 men. z
French A ffain.
Mtf a g e from the Executive dmAor, to &
Council of Elders, delivered faulty 24
i "Citizens Legislators,
" Some enemies to France have talked of
peace ; but it was merely for the purpose of
retarding our preparations, while they them
selves redoubled their efforts for continuing
the war ; they wittud to weaken & courage
of our defenders, by lulling theffi with the
hopes of a speedy pacification, which the/
themfeVves incessantly ctouded by evafiyc
forms and frivolous pretexts. This perfidy,
on their part is not of recent dates ; and the
reports which they have affe&ed to spread eti
this fubjea, face the commencement of hofc
tilitirs, has never failed to be adopted and
credited by the foreign faaion, which they
maintain in the midftof us. But these man
oeuvres have had 110 influence on the Execu
tive Dire&ory, who while they have offered
peace to the coalefeed powers,on conditions at
moderate as the national dignity would admit
of, have neglected no me^ns of infering new
triumphs to the arms of the republic.
The French ought to know that they will
nor have peace with their enemies, until they
fhali have rendered it impossible forshem to'
pursue theirdifaftrous pfojca. The epoch, if
Mot far cff;it must be the conference cf a
vigorous campaign, and We have reason to.
believe that that which is about to be opened
will not be less glorious than the campaign
of the third year of the Republic. Already
the coaGftency which the government ac
quires ; the harmony so dreadful for our do
meffick enemies, which subsists between the
Legiftative Body and the Dire&ory ; the cir
culatinaof provisions which begins to be re
newed ; the eagerness of the young citizens to
repair to their standards ; the general a&ivit,
of prrfons fubje& to be taxed to fccond the
salutary measure of the forced loan , the cer
tainty of feeing all factions oppressed, whether
their royalifm be openly displayed, or whither
they conceal their real objc& beneath anar
chical forms ; every thing, in Ihort cells us,
that if we are forced by implacable enemies
again to cover their bloodstained plains with
oar fold iers, it will be for the purpose of
enabling them fpedily so return, crowned
with frefh laurels, to the enjoyment of that
repole, in future unchangeable, which is
infared by the Confutation which all French
men have sworn to observe, by the return of
morality andjuftice, and by the love oflaboar
and economy. What renders, as you well
know, Citixens Legislators, the fervipe to
difficult at this time, notwithstanding the
prodigious resources which dill exit is the
absence of the representative signs of ex
change, buried in the earth by the bands of
avarice, which renders it impossible to
supply the armies with the different articles
of which they stand in need. Some means
then for providing a fubOitate must be devi-
Cd, and the Dire&ory can discover no other
than the colkaian in kind of that objc&
which is, at this juu&ure, the meft indispen
sably necessary viz. drawing & fiddle horses.
" The principal cause of our bad success fa
the lad campaign, was the almoftabsolute
want of means tor transporting artillery and
provisions, and the faperiority of the enemy
in cavalry. This evil daily augments ; and
we are obliged to tell y o &, Citizens Legifla
tors, that unless some speedy and effective
measure be adopted for removing it, we must
expe& to experience disasters. The Diredo
ry require, that you will authorize them to
take every thirtieth horse throughout the
whole extent of the Republic; experience
fecares the success of this measure ; white
every other must be doubtful in its effea, tar
dy in its operation, produaive of enormous
expence, and must occasion the exportation of
a prodigious quantity of specie."
" The D rc&ory did not resolve to propofc
to the Legiflitive body an extraordinary levy
of borfes, until they had refle&ed along time
on the fubjeft, and were thoroughly convin
ced that it was the only possible mode of car
rying on the service.
"Tbislevy ffiould be made b, the Ad
ministrative Bodies. The Legislative body
may itielf point out the mode of collections,
or leave it to the Directory, who WHI, follow
that plan which fl,all be found moll economi
cal, and the less erroneous to the citizens ; but
whatever regulations you adopt on this fab
je&circumßinces require that the meafare
proposed should not be delayed.
Citizens Legifl uors, the Diredor, invite
the Council to take the objed of the demand
into their met serious, and most immediate
consideration. J ?'
REWBEL, Prfol."
'' PARIS, dec. 6. ;
French success in Italy.
general Kellerman has gained many fig-,
oaf advantages in Laly.—On the 23d he at
tacked all de Viau's lines and was every where
fuccefsfuf; although the Arabians defended
themselves with great intrepidity.—They lot
2000 killed aqd a great many prisoners. The
Aufirian army of Italy will be annihilated—
as the French have entered Finale. General
de Viatel army coafifting of 2o,q<>Qq A&
Arians, Sardimam, an, Neapolitans.
; Manheim Surrendered.
;ft December /.—General ; fetellf
been forced to capitulate With tirt Andrian
General Count Wurm far. He fanrradcred
Manheim, the 23d November. The tere