Gazette of the United States, & Philadelphia daily advertiser. (Philadelphia [Pa.]), 1799-02-15 00:00:00

Gazette of the United States, AND Philadelphia Daily Advertiser
By JOHN WARD FENNO, N o 119, CHESNUT-STREET.
NUMBER 2001.]
PHILADELPHIA: FRIDAY EVENING, FEBRUARY 15, 1799.
[VOLUME XV.]
The price of this Gazette is Eight dollars per annum to Subscribers residing in the city of Philadelphia. All others pay one dollar additional, for enclosing and directing; and unless some person in this city will become answerable for the subscription, it must be paid Six Months in advance.
For Sale, The Schooner, THREE SISTERS Is almost a new vessel, carries between six and 700 barrels and sails remarkably fast...
INSURANCE OFFICE. THE Subscribers respectfully inform their commercial friends in particular, and the public in general, that an office for the Insurance of Shipping will be opened on Monday next...
SHIP BROKER'S OFFICE, And Commission Store, NO. 119, SOUTH FRONT STREET, Next door to the Custom House. THE Subscriber, encouraged by the advice of his friends, offers his service to the public as a Ship and Insurance Broker...
For Sale. THE Subscriber, intending to decline the DRUG BUSINESS, offers for Sale, the whole Stock of Drugs and Medicines, Instruments, &c. The Shop is elegant, commodious, and sufficiently known for the extensive business done in the wholesale and retail line...
FOR FREIGHT or CHARTER, to any part of EUROPE, The Swedish Snow MARIA, HANS OLOF KOCK, commander. A remarkably good vessel, about 220 tons burthen.
For sale by the subscriber, AT PORTSMOUTH (N.H.) THE HULL or a NEW SHIP, 80 feet keel, 27 ft beam, 14 feet hold, 510 between decks; about 330 tons; with masts, spars and all the carpenter's and smith's work completed...
FOR SALE, By the Subscribers 200 Bolts Russia Duck, 50 pipes London particular bill Madeira Wine, 1 pair nine pound Cannon, 200 Bales Madras Handkerchiefs...
Dancing. MR. FRANCIS, Having taken Mr. Warrel, jun. as a partner, respectfully informs his friends and the public in general, that they propose opening their School immediately on their arrival from Baltimore...
Madras Handkerchiefs. An elegant assortment, just received, And for Sale, by ISAAC LOYD, Next to No. 44, South Wharves.
To be Let, A House and three Acres of Land, Pleasantly situated at the Falls of Schuylkill—enquire at the office of the United States Gazette.
Insurance Company of the State of Pennsylvania. THE Directors have this day declared a dividend of seventy-four dollars on each share of the Stock of this company for the last six months...
NOTICE. THE Public are cautioned not to trust any of the people belonging to the Swedish Snow Maria, on my account. Hans Olof Kock, master.
FOR SALE, To be EXCHANGED for property within thirty miles of the city, or to let on ground-rent forever Several valuable building Lots, In Philadelphia.
TO LET, THE large House in Southwark, lately occupied by Mr. Henry Mitchell; apply to Isaac Wbarton.
Now Landing, From on board the ship John Bulkeley, and for sale at the stores of Jeffe & Robert Waln, 350,000 weight of Java Coffee, of the first quality in bags.
FOR SALE, BY THE SUBSCRIBERS, 14 four pound Cannon, different lengths, 5 Carrouades. JOHN NIXON & CO.
ABNER BRIGGS, Of the City of Philadelphia, STOREKEEPER, HAVING amassed over all his effects, real, personal and mixed, to the subscribers, for the benefit of all his creditors—
NOTICE IS HEREBY GIVEN, TO all persons who are indebted to the said Estate that they are requested to make immediate payment of their respective accounts...
Richard Bayley & Co. RESPECTFULLY inform the public that the Retail Business carried on by them at their Store No. 136, Market-street, will in future be carried on by Mr. Wm. BONNAR...
ALL PERSONS indebted to the above firm and those to whom they are indebted, will please to apply to JOHN WHITEHEAD & Co. or the settlement of their respective accounts...
WILLIAM BONNAR, RESPECTFULLY informs his friends and the public, that the above Store will be opened by him on Monday the 4th of February next, with an assortment of DRY GOODS.
The Subscribers, Have received by the Clothier from Liverpool A CONSIGNMENT OF TEN CASES OF Well Assorted Buttons, About 500. sterling each Case, which they will dispose of per package, on liberal terms.
WANTED, ABOUT fifty Casks of Flag Annatto or Rocca, Apply as above.
NOTICE. Is given to all those indebted to the firms of Jackson & Evens, John B. Evens, & Co. Evens & Bullock, Whitton, Evens & Co. and John B. Evens.
THAT the Subscriber is fully authorized to adjust and settle the affairs of those concerns; and that suits will be indiscriminately commenced on all accounts that remain unpaid on the 20th day of March next.
PROPOSALS, FOR CARRYING Mails of the United States, On the following roads, will be received at the General Post-Office, until the 13th day of February next, inclusive.
1. FROM Philadelphia by Bristol, Trenton, Princeton, New-Brunswick, Woodbridge, Rahway, Elizabethtown and Newark to New-York six times a week.
2. From Philadelphia every day (Sunday excepted) at 1 P. M., and arrive at New-York in nineteen hours, the next day (Sunday excepted) by 8 o'clock, A. M.
3. From Philadelphia every day (Sunday excepted) at 9 A. M. in 20 hours; and is to be taken from New-York at 1 P. M. and delivered at Philadelphia at 8 A. M. in nineteen hours.
4. From Philadelphia by Wilmington, Lancaster, Columbia, York, Carlisle, Shippenburg, Strasburg, Bedford, Somerset and Greensburg to Pittsburgh once a week.
5. The usual penalties for misconduct in the carriers will be stipulated in the contract.
6. The mail on the route No. 1, shall be carried in a Sulkey during three months of the winter season, having a box or chest to secure the mail from rain.
7. If any person making proposals desires an alteration of the times specified he must state in his proposals the alteration desired and the difference it will make in the terms of his contract.
8. The mail on the route No. 1, shall be carried in a Sulkey during three months of the winter season, having a box or chest to secure the mail from rain.
Hemp & Iron. THE CARGO of the BRIG PANNY, J. Bruisberg, master, from St. Petersburg, CONSISTING OF 89 Bales Hemp, 1634 Bales Iron.
WHO HAVE ALSO FOR SALE. 400 Bales Ticklenb. ghs and Osnabricks, 100 Dito Hessian and Rolls, Creas, Britannias, Patterbones, Bielefeld Linen, Cheeks and Stripes, Brown Holland, Bunting, Sail Twine, Turkey Yarn, Hair Ribbon, Tapes, Bed Ticks, Hog's Bristles, Port Wine, Claret, Salt, Roll Brimstone, German Steel, Slates, Yellow Ochre, Window Glass, Pearl Barley, &c. &c.
Wharf and Stores, For Sale. THAT valuable Estate about 71 feet 3 inches on Water street, bounded on the north by Sassafras street, and extending into the river Delaware, on which are erected very extensive stores and wharf in good repair...
Sales of valuable Property. A GREEABLE to the last will and testament of JOSEPH ANTHONY, senior, deceased, will be sold at public sale, on Thursday, 14th February, at 7 o'clock in the evening, at the Merchants' Coffee House, Second street, the following REAL ESTATES.
An elegant three story brick house, situated at the north-east corner of Ninth and High streets, twenty eight feet front, with three story brick buildings, extending on Ninth street, two hundred feet to a 26 feet wide court, on which is erected a brick stable and coach house, the whole finished in the best manner.
Also three Twenty-five feet lots bounded by Filbert and Ninth street extending back from Filbert Street seventy-five feet to the 26 feet Court before mentioned with the privilege of the said Court.
Also a Lot with the Buildings thereon erected consisting of a New Four Story Brick Building on the east end and a two Story Brick Building on the west end situated in Water Street between Chestnut and Market continuing in breadth Twenty-three feet and extending backward into the River Delaware two hundred and fifty feet bounded eastward by the River Delaware southward by James Pemberton, westward by Water Street and northward by Mary Fox's Estate with a reversion of a Care way across the east end of said lot.
The Conditions will be made known at the time of Sale, and immediate possession of the House and Lots on High and Ninth streets will be given and of the Store and Lots in Water Street the first of May next.
ALL PERSONS, INDEBTED to the Estate of ABRAHAM DICKS, Esq. late Sheriff of the County of Delaware, are requested to make immediate payment, and all those who have demands against said Estate to authenticate and present them for settlement. Also, all those who have deposited writings with said deceased to apply for them to WILLIAM PENNOCK, Adm'r.
City Commissioners Office. THE following arrangement was made by the Board, for the more effectual cleaning of the City; each Commissioner to superintend a particular department. 1. Nicholas Hicks, from the North side of Vine street, to the South side of Mulberry street.

FROM THE Anchor Club.
There is a tide in the affairs of men, Which, taken at the flood, leads on to fortune; Omitted, all the voyage of their life Is bound in shallows, and in miseries. On such a full sea are we now afloat; And we must take the current when it serves, Or lose our ventures. Julius Cæsar.
THE present moment is certainly fraught with more serious consequences to America, than those she has experienced at any former period. Heretofore she has made her way through a hazardous voyage with the assistance of a valuable few to direct her experience; but in that flexible state she has received impressions and taken bents, which, from the peculiarity of her situation, threaten her with serious evils. She was intoxicated with the fumes of poetic liberty, and amid the irritation of war, intoxication became fomented almost into delirium. The soberness of enquiry was relinquished for the enthusiasm of speculation, and her philosophers regarded less the systems of duties which the nature of man renders inseparable from tranquil society, than the delightful picture of human excellence and felicity which their fancies had drawn, and which presented to their minds a view of unlimited gratification, inexhaustible plenty and undisturbed repose. The vulgar were flattered by the doctrine of equality and soon began to rate their own worth and importance by the reputations of eminent men. Their insolence was called independence of spirit; and not a circumstance was left unimproved, which had a tendency to realize those wild and extravagant reveries which nothing but experience can correct nor anything but suffering can awaken. In her councils however, she had still some wise men; and she was not without faithful and steady guides to conduct her through the glimmerings of her doubtful morning into day, which, while it unveils the dangers which surround her, presents also the means whereby they are to be avoided. At this moment we are to determine whether we shall employ those means for our own preservation, or suffer avarice, love of ease, and fallacious hopes to seal our misery. Two paths are now evidently open before us; the only ones; the one leading into the bloody fields of French turbulence, irreligion, and wretchedness; the other, under the auspices of heaven, to the temple of order, piety and happiness. But it is necessary that our choice be now made. Every moment's procrastination will weaken our resolution, and every step we take in error must be retraced. We have had our season of conviction, and if we refuse to profit by it, the impression will wear out, the opportunity will pass by, and those horrid principles which we now have it in our power to eradicate, will continue their insidious labors till they prostrate every virtue, and precipitate us into that depth of misfortune and depravity which is now the object of our dread and abhorrence. Already have we experienced the evil effects of delay; familiar with insult, we have received blow after blow till our sense of honor is become callous, and we even begin to question our own right to avenge. Is not this sufficient to arouse us from our lethargy? If it is not, the motive may be strengthened, by observing the progress of French manners amongst us. It is only to paralyze the hand of government, that frugality and plainness of life are recommended by its enemies, while they themselves are indulging in every species of extravagance and debauchery. And who can hope that amid the continual display of alluring wantonness and seductive pleasure that our now honest though unguarded citizens will long remain free from contamination? No one can harbor such an expectation. The door therefore should be barred to their entrance; and this is the time to employ the expedient. Let us therefore by a firm and unalterable resolution convince mankind that we are ripening into an honest reputation, which at all hazards we are determined to defend and preserve: that our national character is to guard our national rights and honor; that we mingle with calm prudence keen penetration and prompt decision; and that we are not a nation of licentious visionaries and patient victims; but men who know how to estimate the blessings they enjoy and will risk every thing to perpetuate them.
The Gazette.
PHILADELPHIA.
FRIDAY EVENING, FEBRUARY 15.
A CHARGE.
To the Grand Jurors of the County Courts of the Fifth Circuit of the State of Pennsylvania, at December Sessions, 1798:
By ALEXANDER ADDISON, President of those Courts.
IN circumstances of extraordinary danger or alarm, extraordinary danger must be adopted: for ordinary means are incompetent for extraordinary occasions. Though I may not kill a man, while I am in no danger from him; yet if he be in the act to kill me, or I find him breaking into my house in the night time to rob me, I may put him to death. This results from the general law of self-defence. The sacred right of property will not forbid us, when a house is on fire, to pull down the adjacent buildings, to save the rest of the town. Nor will the right of personal liberty restrain the magistrate from committing to jail a man who has actually done no mischief, if another is justly afraid of mischief being done by him. All these are extraordinary cases, to which the ordinary rules of property, or of personal liberty and safety, are not applicable: and the violation of those rules, in such cases, is, in true construction, no violation of them: for they were never meant to be applied to such cases, but only to the ordinary and peaceful state of society, and must yield to the great law of self preservation and common welfare.
Nations, like individuals, are also bound, by the law of self-preservation, in times of danger, to adopt measures, which would be altogether unjustifiable in ordinary times. They may destroy an hostile army. If a hostile army be suffered to march through a neutral country, to attack another nation, this nation may also enter that country, and oppose its enemy. If fields, gardens, houses, or towns, shelter its enemy from the full force of attack, they may be destroyed. If it be necessary to weaken the enemy by want, the corn, cattle, and all kinds of provision may be carried off, and the frontier made, as it were, a desert. Such things are, in times of danger, justifiable by the law of self-defence; though in ordinary times they would be unlawful and inhuman. On the same principles of self-defence, to prevent a dangerous communication of intelligence, or any measure unfavorable to its safety, when a nation is, or is likely to be, engaged in war, it may order any aliens, who may be suspected of promoting or favoring the designs of its enemy, to depart out of its territory. This may be always, and has been generally done. And, unless where this right is regulated by treaty, this may be done at the discretion of the government under which aliens reside. For every government must be sole judge of what is necessary to be done, for its own safety or advantage, within its own territory. And, even with respect to their own subjects, most governments have reserved a right, without being required to shew any cause, to commit to close custody any subject suspected as dangerous to the peace or welfare of the community. In England, this right is restrained by the writ of Habeas Corpus, which gives to every subject imprisoned an opportunity of requiring the cause of his commitment, and of obtaining, in all proper cases, his enlargement. When, therefore, the King of Britain's ministers find it necessary, for political reasons, to restrain the personal liberty of any subject, without shewing any cause for it, a law must be obtained from Parliament, suspending the privilege of the writ of Habeas Corpus; and Parliament may, whenever it pleases, pass such a law.
Conforming to the principles of liberty inherited from our ancestors, the privilege of the writ of Habeas Corpus is established, as a principle, in the government of this State and of the Union. And, though Congress or the General Assembly may, respectively, like the British Parliament, by law, suspend this privilege; yet they cannot, like the British Parliament, pass such law whenever they please. For the Federal and State Constitutions have declared, that "the privilege of the writ of Habeas Corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it." So that, in this country, no citizen can be deprived of his liberty, without an avowed and sufficient cause, unless, in case of rebellion or invasion, the legislature think the public safety requires it; and suspend the privilege of the writ of Habeas Corpus. But here the Constitution leaves aliens, as in other countries, to the protection of the general principle of the law of nations, or of the particular provision of treaties made between the United States, and the government whose subjects or citizens the aliens severally are.
Congress, in its last session, found the United States in extraordinary circumstances of peril, unequalled since their independence was solemnly acknowledged. France, having, without any respect to the principles of liberty, the law of nations, or the rights of individuals, plundered the land to the utmost reach of her grasp; extending the same unprincipled rapacity to the ocean, and plundered indiscriminately friends and foes. Of all nations and governments none had with more affection regarded the revolution of France, none had more assiduously cultivated her friendship, none had more scrupulously observed the rules of neutrality, or consistently with those rules, partially indulged the views of France; than the nation and government of the United States. And if neutrality, justice, affection, and gratitude,
* Vattel, L. of N. Prel. sec. 17, 20. B. 2, sec. 94. † U. S. Const. Art. 1, sec. 9. Penn. Const. Art. 9, sec. 14. 1 U. S. L. 101. 2 St. L. 241.
could have exempted any government and nation from injury from France, the nation and government of the United States might justly have claimed this exemption. But what weight has justice with a government without principle, without religion, and without an interest in the prosperity of the people over which it is placed! If the French government had regarded only the interest of France, it would have cultivated the affections of America. But the French government, like the false mother, indifferent to the life of the child, regarded not the interest of the French nation, but the indulgence of its own pride, which, exalted by success, beyond the bounds of moderation, sought to humble all authorities in universal prostration at its feet. She commenced and prosecuted violations of our trade to an extent that threatened its ruin: and the dismal effects are displayed in the bankruptcies of our merchants, and the languishing state of our commerce and agriculture. The American government patiently and peacefully sought redress by negotiation; but the presumption and rapacity of France rose in proportion to the patience and peace of America; and, with unexampled insolence, she repeatedly drove away our ambassadors sent to claim only an exemption from injury, and a payment of just debts; required us, by an ignominious tribute and bribe, to double the damage we had suffered; and threatened us, if we refused this, with war and ravage on our coasts, burning of our towns, and even dissolution as a nation.
What could have swelled the insolence of France to this pitch of extravagance? Had we done her any injury? She can shew none. Was it her great success, and mighty power? We are at a distance to defy her power. How then dared she thus to insult and injure us? She accounted us a divided people, split into factions, among which she had zealous partisans. In this state, she knew, we could make no resistance. And, while we remained in this state, she might safely persist in her proud oppression: and she did so. For men, without regard to religion and justice, will do whatever they can do: and nothing but resistance and force will restrain them from injuring others. France had long known and promoted divisions and factions among us. And had sent spies into all parts of our country, to procure information of our circumstances and opinions. These travelled through America, under various pretexts, of curiosity, of philosophy, or of avoiding tyranny or persecution at home. This Talleyrand, who demanded the bribe and loan from our ambassadors, travelled through America as an emigrant; and, after his return to France, was appointed minister of foreign affairs. From its spies and other agents here, the French government received constant intelligence of the sentiments of the citizens, and the measures of the government of America; and was thus prepared to promote its own views, and defeat ours.
If ever there was a time in which it was proper for any government, to order aliens to depart out of its territory, it was proper for the American government to do so at this time. In other countries, this would have been done by a proclamation of the executive. This was a new case under the American Constitution, and proper for the interference of the legislature. Congress, therefore, passed a law, the substance of which in its own words, I shall here state.
"It shall be lawful for the President of the United States, to order all such aliens, as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect, are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time, as shall be expressed in such order. Which order shall be served on such alien, by delivering him a copy thereof, or leaving the same at his usual abode, and be returned to the office of the secretary of state, by the marshal or other person to whom the same shall be directed."
But "if any alien so ordered to depart shall prove, to the satisfaction of the President, by evidence to be taken before such person as the president shall direct, that no injury or danger to the United States will arise, from suffering him to reside therein, the president may grant a license to such alien to remain within the United States, for such time as he shall judge proper, and, at such place as he shall designate. And the president may also require of such alien to enter into bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties, to the satisfaction of the person authorized by the president to take the same, conditioned for the good behaviour of such alien during his residence in the United States, and for not violating his license; which license the president may revoke whenever he shall think proper."
"And if any alien, so ordered to depart, shall be found at large within the United States, after the time limited in such order for his departure, and not having a license from the president to reside therein; or having obtained such license, shall not have conformed thereto; every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States."
This law further enacts, "That it shall be lawful for the President of the United States, whenever he may deem it necessary for the public safety, to order to be removed out of the territory thereof, any alien who may be in prison in pursuance of this act; and to cause to be arrested, and sent out of the United States, such of those aliens as shall have been ordered to depart therefrom, and shall not have obtained a license as aforesaid, in all cases, where, in the opinion of the president, the public safety requires a speedy removal. And if any alien so removed, or sent out of the United States by the president shall voluntarily return thereto, unless by permission of the president of the
United States; such alien, on conviction thereof, shall be imprisoned as long as, in the opinion of the president, the public safety may require."
But it is provided, "That it shall be lawful for any alien, who may be ordered to be removed from the United States, by virtue of this act, to take with him such part of his goods, chattels, or other property, as he may find convenient; and all property left in the United States by any alien who may be removed, as aforesaid, shall be subject to his disposal."
One would have thought that a law so reasonable in itself, so conformable to the law of nations, and the practice of all governments, and, while it is altogether consistent with the constitution, so necessary to the safety and defence of the United States; if it did not obtain all praise, would, at least, have escaped all censure. Yet this law was not only vehemently opposed in Congress; but, even since it was passed, has been reproached by ignorant, or wicked and seditious men; and for their vile and selfish purposes has been held up to detestation, as unconstitutional and tyrannical. In many parts of the Union, it has been used, as a pretext and instrument, to enflame the passions of the people, disturb the peace of the country, destroy respect for the laws, and relax the authority of the government; and in one state, to produce such a commotion, as threatens an insurrection, if not a separation from the Union.
It is proper for men in all stations, and peculiarly in my station, to endeavor to counteract such mischievous passions and miserable consequences. With this view I shall examine the objections, which I have observed to be offered against this law, solemnly established by the authority of the United States.
1. It is objected to this law, that it is contrary to the express words of the Constitution.
We perhaps ought not to wonder, that this objection is made. Added to the want of sense and knowledge in some of the objectors, of modesty in most of them, and the general disposition, from prejudices excited and nourished by slander, to believe every act of administration wrong; the habit of opposition prepares their minds to make and receive it. For a habit of opposing every thing makes dreadful havoc, not only on the feelings and conscience, but on the understanding itself.
This objection is made on two grounds. The first is, that the Constitution declares that "the migration or importation of such persons, as any of the states now existing, shall think proper to admit, shall not be prohibited by Congress, prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person." From this it is inferred, that, as Congress cannot prohibit such migration or importation, they cannot remove the persons, who have migrated or been imported; for this, it is said, would be, in effect, prohibiting the migration or importation.
It is well known, that the prohibition in view, respected only slaves. This was universally understood, at the time of the publication of the Constitution, during its discussion, and ever since. All the members of the Convention know this. The speaker of the House of Representatives of Congress who was a member of the Convention, did, in the argument of this bill, in a committee of that house, expressly declare this to have been the avowed sense of the Convention, on this clause of the Constitution; and no man, of any knowledge, of the subject, has ever seriously entertained a doubt of this. The Convention was so averse to the traffic in human beings, that they would not directly name slaves, slavery, or the slave trade. The southern members thought their States not yet prepared for the prohibition of this traffic. The other members agreed to give those states twenty years to think of it. In that space, they would probably abolish the slave-trade themselves; or, after that, Congress might do it. In the mean time, the Convention would not give slavery the sanction of being expressly named. Instead of the word slaves, the word persons was used; and, to correspond with this, the word migration, and explanatory of this, the word importation, as more properly applicable to slaves, or persons considered, not as aliens, but as property.
Or considering this prohibition as respecting only slaves, we find another reason for this construction, in the power referred to Congress "to impose a tax on such importation;" while no such power is expressed as to migration; and thus for constructing those words as meaning a different manner of introducing slaves. Congress is restrained from prohibiting their importation by sea, or their migration by land, into any of the states; but may lay a duty on their first importation, not on any subsequent migration; the duty in that case being presumed to have been paid before. While the prejudices or necessities of the states then existing were thus indulged; the Convention confined this indulgence to them, and did not restrain Congress from prohibiting the migration or importation of slaves into any state thereafter to be established, but left them to the discretion of Congress. What ever reason may be assigned for it, this is certain, that it was the plain meaning of the Convention, and has been the uniform construction of the Constitution, that the restraint laid on Congress, by this clause of the Constitution, applies only to the prohibition of introducing slaves.
But supposing this not the true construction of this clause of the Constitution, and supposing that congress is thereby restrained from prohibiting the migration or importation of any aliens whatever; it does not follow, as a just consequence from this, that Congress can make no law to remove such aliens. A rule will not be extended beyond the strict words, if this extension will promote mischief; especially if it endanger the
* 25th June, 1798—5 U. S. L. 143.
† Art. 1. sect. 9.
safety of the people, which is the supreme law. I would ask whether this restraint, supposing it to respect aliens generally, must not be limited to times of peace; and whether it must not govern in extraordinary times of danger, or must then give way to the great rule of self-defence and general welfare? Let us try this construction by the rules of reasoning. It is a rule, that, if an argument prove too much, it is unsound. Suppose a body of Frenchmen to arrive at Boston, with arms and ammunition, which men may carry for their own defence, and tell the people there, that they are persons who have migrated, to settle peaceably in the country. Another body of such emigrants, with the same tale in their mouths, at New-York; another, at Philadelphia; another, at Norfolk; and another, at Charlestown. Must the state legislatures of Massachusetts, of New-York, of Pennsylvania, of Virginia, and of S. Carolina, be convened, to order those several bodies of emigrants to depart out of their several states? Well; the Boston emigrants march peaceably into Connecticut; and the South Carolina emigrants into North Carolina; and so of the others, till all meet peaceably in Maryland; and there declare, that they are come, by order of the directory, to settle there, and to prevail on the President and Congress, to give the tribute demanded by the directory. All this they may do; and yet, if Congress had proceeded to make a law, to prevent their landing, or effect their removal, we should be told, that Congress cannot prohibit the migration or importation of aliens! This seems a strange absurdity. And yet the absurdity of this case is only altered, it is not removed, by substituting the case on which Congress has acted. Spies are, at all times dangerous; they are generally not less, and they are often more dangerous, than open enemies; and those who corrupt our opinions, and pervert our duties, are the most dangerous of all enemies. A power to make such law is clearly necessary, for the general defence and welfare of the United States; the care of which is properly deposited with the government of the United States.
For "the people of the United States, in order to form a more perfect union, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity;" established a Constitution, by which objects of general concern to the nation are properly submitted to the management of the General Government. And this government is expressly bound to "guaranty to every state in the Union a republican form of government, and to protect each of them against invasion and domestic violence;" and has "power to make all laws which shall be necessary and proper for carrying into execution all the powers vested by the Constitution in the government of the United States, or any department or office thereof." The restraint or expulsion of aliens, in times of war or danger, has, by almost all nations, been considered as a necessary measure of protection and self-defence; and, from the nature of the case, the law of nations, and the general constitutional authority of the government, I cannot permit myself to doubt, that a power to restrain or expel them necessarily exists in the government of the United States, as in every government charged with the general welfare, the common defence, and protection against invasion and domestic violence. If this be a necessary and proper means of accomplishing any object, with which the government of the United States is charged; the power of exerting it is clearly vested in that government. The difficulty of obtaining the universal consent of the individual states to any measure, however salutary, was sufficiently experienced, as the great evil to be remedied by the Constitution. And a construction of the Constitution, were it admissible, will not be favored, which would leave the general defence of the nation at hazard, on the caprice of a single state.
* U. S. Const. Pream. † Const. Art. 4. sect. 4. ‡ Const. Art. 1. sect. 8.
(Concluded in our next.)
Just Received,
By the ships Juno, Walters, and Four Friends, Hubber, from Hamburg, AND FOR SALE,
By the SUBSCRIBERS, 460 pieces 6-4 quadruples filesas 35 do. 8-4 do. 139 do. creasa la Morlaix 34 do. 9-8 coutils 3 do. 4-4 do. 44 do. 6-4 guingas 250 do. Ruffia sail-duck 10 pipes Ricarlo wine 25 hogheads French brandy 80 do. claret 100 cases, at 4 doz. bottles each } claret of superior quality. 228 do. at 1 doz. do. do. }
Also on Hand,
11 bales ticklenburgs, at 23 to 28 cents pr. ell 12 do. Wofler linnen, at 16 to 20 cents pr. yard 1 box paterboroes 5 boxes hollow glass ware 5 cases Ruffia bristles (first quality)
Erick & Lewis Bollmann, no. 100, Spruce Street feb. 13
To be Let,
A genteel, convenient three story BRICK HOUSE, IN SPRUCE STREET, (no. 64)
THIS house has been newly papered and painted, and was not occupied during last lever. feb. 12. dty. al. eo tf.
PRINTING WORK, Of Every Kind,
EXECUTED AT THE SHORTEST NOTICE. At the OFFICE of the GAZETTE of the UNITED STATES,

Bricks Wanted.
PROPOSALS WILL BE RECEIVED, On or before the 21st day of the present month, FOR DELIVERING, To the Corporation of the City of Philadelphia or their agent—on any part of Chestnut-street, George-street, Broad-street, or Center- square, between the Schuylkill and Center-square, as shall be di- rected, the whole, or PART OF One Million of sound, hard burned BRICKS. No Samuel or place Bricks will be received— One half of this quantity will be required to be delivered before the 21st of March next—the other before the 1st of May. It is desired that the proposals may mention the Yard from which the bricks are intended to be delivered, and that they be sent in writing to B. Henry Latrobe, engineer. South Twelfth street the first house from Market-street. feb 8
White Oak Logs—or White Oak Pipe—WANTED.
PROPOSALS, WILL BE RECEIVED, On or before the 10th day of March, For the Delivery, To the Corporation of the City of Philadelphia, or their agent, at any part within the said City of the whole or part of 104,000 feet, running measure, of WHITE OAK LOGS, In lengths of ten or twelve feet, Or of the same quantity, of LOGS, Bored into pipe, counterbored and tapped, as under: 24,000 feet to measure 13 inches at the thickest end, if bored, 4 1-2 inch pipe. 16,000 feet to measure 12 inches at the thickest end, if bored, 4 inch pipe. 64,000 feet to measure 11 inches at the thickest end, if bored, 3 inch pipe. The Logs must be straight and free from shakes and knots; no faulty logs will on any account be received. Those who deliver proposals for bored logs, are requested to mention the price at which they will deliver the logs unbored, in case it should be found proper to bore them in Philadelphia. Proposals in writing will be received by B. Henry Latrobe, engineer. South Twelfth street, the first house from Market-street. feb 8
A quantity of Russia Hemp Cordage and bar iron 25 horseheads Tallow Platillas, Royal Britanias Checks &c in cases Now landing from the ship Four Friends, Capt. Hubber, from Hamburg, at Jelfe and Robert Waln's wharf, and for Sale by THOMAS & JOHN KETLAND, Who have on hand, Crates of Earthen Ware Cannon and Carronades of various sizes Dry white Lead Guns and Pistols assorted in cases Gun Flints in kegs Ships' Mallets Claret of a superior quality in cases of 1 to 3 dozen each. feb 13 drot
NOTICE.
THE creditors of George Johnston, late of Queen Ann's county, in the state of Mary- land, deceased, are hereby requested to appear at Church Hill, in the county and state afore- said, on Thursday the 21st day of January next, with their claims against the said deceased properly authenticated, at which time a propor- tionable division of the assets in the hands of the subscriber will be made among the creditors ac- cording to law; and those who do not appear on the said day, will be forever precluded from their claims on the said estate. REBECCA JOHNSTON, Executrix. Church Hill, Dec. 22.
ANY Persons wanting
passage to France, can obtain it in the Swedish Barque Neptune, Daniel Jadernham, master, lying at New York, by applying to Mr. Letombe, or to Ricard Soderstrom, Consul General of Sweden, in this city. jan 24
THE Book for Subscriptions to the Company for erecting a permanent Bridge over the ri- ver Schuylkill, at, or near the City of Philadel- phia, continues open at the house of the Treasurer of said Company, No. 13, Church Alley. January 3, 1799. eod6w
FOR SALE,
A SMALL Farm of Fifty four acres, within five miles and a half of Philadelphia and one mile from Frankford on the river road, fourteen acres of wood-land, five acres of good meadow, the residue thirty five acres, excellent arable land and a high well made the best of meadow. On the premises are a decent two story Brick House and Brick Kitchen a good garden & orchard with a va- riety of fruit trees and a well of very good water. For terms apply to Thomas Benger, near Bristol Bucks County, or William Waln, No. 144, South Second street, Philadelphia. A Lot of eight or nine acres, Of very good land in good order for clover feed with or without a large frame Barn as good as new, enquire as above. feb 14 32w3w
Samuel Miles, jun'r.
Of the city of Philadelphia, merchant, hav- ing assigned over all his effects, real, personal and mixed, to the subscribers, for the benefit of such of his creditors as may subscribe to the said assignment on or before the first of August next. Notice is hereby given, To all persons indebted to the said estate, that they are requested to make immediate payment to either of the assignees, or to the said Samuel Miles, who is authorized to receive the same; in failure whereof legal steps will be taken for the recovery of such debts, as are not dischar- ged accordingly. GEORGE ASTON, CORNELIS COMEGYS, } Assignees JOHN ALLEN, } feb. 14. 32wtf
To be Let,
A Store and Loft, NEAR Market-street Wharf.—Enquire of the Subscriber, GEO. DAVIS, 319 High-street. feb 21 42wtf
The Gazette.
PHILADELPHIA, FRIDAY EVENING, FEBRUARY 15.
PRICES OF STOCKS.
PHILADELPHIA, FEBRUARY 2. Six Per Cent. 15 3/4 to 9 Three Per Cent. 9 3/4 to 9 Deferred 6 Per Cent. 14 3/4 BANK United States, 23 per cent. Pennsylvania, 20 to 21 North America, 46 ditto Insurance comp. N. A. shares 30 } Dividend off Pennsylvania, shares, 35 } COURSE OF EXCHANGE On Hamburg 33 1-3 cents per Mark Banco. — London, at 30 days 56 1-2 at 60 days 54 at 90 days 52 1-2 Amsterdam, 60 days, pr. guild. 36 to 37 1-2 cents
The Hon. James Schureman of the house of Representatives of the United States, is appointed by the legislature of New Jersey, a Senator in Congress, for that state, to supply the vacancy occasioned by the resigna- tion of the hon. Mr. Rutherford.
DIED —On the 7th inst. at his house in Duck Creek, Crows Roads, Delaware, after a lingering illness which he sustained with great patience and resignation, GEORGE MITCHELL , esquire. He has left an am- iable wife and only child to lament his loss.— Of him it may be truly said, he was an af- fectionate husband—a tender parent—and a sincere friend.
Gazette Marine List.
Port of Philadelphia,
CLEARED, Schr. Little Tom, Butler, St. Thomas's Brig Polly, Smith from hence to the Havana, was recaptured by a British privateer, and sent into Nassau. Schr. Daphne, Rippy, from hence to the Ha- vannah, is taken and carried into New-Pro- vidence and acquitted with the exception of some part of her cargo which was deemed contraband. Schr. Commerce of and for this port, from Port au Prince, is cast away on Sugar-Key, crew saved. The Brig Fair American, Thompson, of this port from N. Carolina to Surinam, is taken and sent into New-Providence. The brig Clarissa, Nicholls, from hence to La Guira, is taken and sent into Martini- que, by a government brig of fourteen guns.
Letters for the ship India,
Capt. Ashmead, for England, will be recei- ved at the Coffee-House until Monday next the 19th instant.
New-York, February 14.
Yesterday arrived the British packet Lady Harriott, Capt. —, in 91 days from Falmouth. She sailed 22 days before the Chesterfield, capt. Jones, and brings the October mail: of course affords us nothing new.
She has experienced very tempestuous weather on the coast, and was obliged to throw her guns overboard.
We understand that she was eight weeks beating on the coast of Halifax, but could not make that port. Capt. —, picked up the capt. and crew of the ship Amph- ion, foundered at sea. This vessel was 21 days from this port, bound to Hamburg, at the time of the accident. The particulars are detailed amongst our marine articles.
INSURANCE OFFICE.
THE subscribers beg leave to inform their com- mercial friends in particular, and the public in general, that an office for the INSURANCE OF SHIPPING, is now opened at No. 95 South Front-street, where a share of the public patronage is respectfully solicited. N. & J. FRAZIER.
Feb 15 d1m Just received per ship Juno, Capt. Wolters, from Hamburg, Creas à la Morlaix, Dowlas, whole pieces Do. half do. Brown Platillas. Also on hand, Russia Horse Hair, curled and uncurled, Do. D. & K. nail rods, Brandy, tea proof, and rice. For sale by ISAAC HAZLEHURST & SON. feb. 15. d2w
Notice.
THE subscribers, stockhold- ers in the Delaware Bridge Company at Easton, residing within the city of Philadelphia, are re- quested to meet at Barnabas M'Shau's tavern, sign of the Harp and Eagle, Third, north of Mar- ket street, on Monday evening the 18th instant, at 7 o'clock, when communications will be laid before them for their consideration, lately received from the Managers of that Corporation. LEVI HOLLINGSWORTH, FREDERICK BOLLER, Philadelphia, Feb. 17, 1799. d3t
JAVA COFFEE,
ABOUT 22,000 lb. of Java Coffee in bags, en- titled to the drawback, FOR SALE, At No. 119, Market street, Where also may be had as usual. Ironmongery, Cutlery, Hard- ware, Paints, Glass, &c. &c. RICHARD WISTAR. feb. 15. 32wtf
ALL persons indebted to the Estate of WILL- IAM HEYSHAM, late of the city of Charleston, and formerly of this city, mariner, deceased, are requested to make payment, and those who have demands, against said Estate, will please exhibit them to ROBERT HEYSHAM, Adm. Philadelphia, Feb. 6, 1799. eod3w
CONGRESS,
HOUSE OF REPRESENTATIVES.
USURPATION OF EXECUTIVE AUTHORITY
THURSDAY Feb. 14
Mr. Livingston called up for consideration the resolution which he yesterday laid upon the table, calling upon the President for any information which he may possess touching the suspension of the French arrest de- claring neutral citizens pirates, when found on board the vessels of Belligerent powers, which being read.
Mr. L. called the Yeas and Nays upon it. He said, he understood that since yester- day, a member of this house had applied at the Office of the Secretary of State, and been informed that some information had been re- ceived relative to this subject. His resolution was carried 52 to 38. Messrs. Livingston and Harper were appoint- ed a committee to wait upon the President therewith.
The following Report was made on the 17th ult. by the Committee, to whom was re- ferred so much of the President's Speech, as relates to the "naval establishment, the augmentation of the navy, and the adoption of systematic measures for pro- curing timber and other supplies."
THAT an act passed the first of July, one thousand seven hundred and ninety se- ven, authorizing the President of the Uni- ted States to cause the frigates United States and Constitution, of forty four guns each, with Constellation of thirty six, to be man- ned and employed: for the accomplishment of which, the twenty seventh of March fol- lowing, a law passed, appropriating a sum not exceeding one hundred and fifteen thou- sand, eight hundred and thirty three dollars, to complete and equip those ships for sea; also two hundred and sixteen thousand, six hundred and seventy nine dollars for the pay and subsistence of the officers and crews for one year—sixty thousand dollars for wear and tear, and two thousand two hun- dred dollars to pay salaries of persons having care of the navy yards at Norfolk, New- York and Portsmouth.
On the twenty seventh of April, one thou- sand seven hundred and ninety eight, an act passed, entitled "An act to provide an addi- tional armament for the further protec- tion of the trade of the United States, and for other purposes," authorizing the Pres- ident of the United States to cause to be built, purchased or hired, a number of ves- sels not exceeding twelve, nor carrying more than twenty two guns each, to be armed, fitted out and manned under his direction; to carry this into effect, the sum of nine hundred and fifty thousand dollars were ap- propriated.
On the 4th of May, 1798, an act passed, authorizing the President of the United States to cause to be built or purchased, a number of small vessels, to be equipped as gallies or otherwise, to be stationed in such parts of the United States as he may direct to carry this into effect, eighty thousand dollars were appropriated.
On the 28th of May, "An act more ef- fectually to protect the commerce and coasts of the U. States passed, which authorized the president of the U. S. to instruct and di- rect the commanders of the armed vessels of the United States to seize, take & bring into any port of the United States, to be proceed- ed against according to the law of nations any armed vessel of the Republic of France sailing under authority or pretence of author- ity, which shall have committed, or which shall be found hovering on the coasts of the United States, for the purpose of commit- ting depredation on the vessels belonging to the citizens thereof; and also to retake any ship or vessel of any citizen or citizens of the United States which may have been captured by such armed vessel."
On the 22nd of June, an act passed entitled "An act to amend the act, entitled "An act providing a naval armament," and the act, entitled "An act to authorize the Pres- ident of the United States to cause to be purchased or built, a number of small vessels, to be equipped as gallies, or otherwise." This act authorizes the President to increase the strength of the revenue cutters, to seventy marines and seamen, and authorizes the President to employ them, as well as the small vessels to be equipped as gallies or otherwise.
On the 30th of June, was passed "An act supplementary to the act, entitled "An act to provide an additional armament for the further protection of the trade of the United States; and for other purposes." This act authorizes the President of the United States to accept vessels offered on the credit of the United States, where he may cause evidence of the debt or the obligation to be given therefor, limited to twelve ves- sels, the interest to be paid, not to exceed six per cent. This act also stipulates the size of the vessels to be received, as well as the size of those authorized by the act of the 27th of April—viz. six, not exceeding 18 guns each, twelve, not less than 20, not ex- ceeding 24, and six not less than 32 guns each. The third section of this act author- izes the President to accept of armed ves- sels from any state, body politic or corpo- rate, citizen or citizens of the United States.
An act passed July 16th last, making a further appropriation for the additional na- val armament, provides for the building of three ships of not less than 32 guns each, and appropriates 600,000 dollars for that purpose, and authorizes the President of the United States to employ timber and other materials for ships now on hand, to be used for this purpose, or disposed of in such man- ner as he may direct.
In conformity to those several acts, the ship Delaware of twenty guns, sailed on a cruise, and took Le Creyable French priva-
teer, of 14 guns, and seventy men, with- in soundings, on our coast; which priva- teer had taken vessels on the coast. A few days after, the ship Ganges failed on a cruise; this ship mounted twenty four guns; in June, the Constellation of thirty six guns, failed on a cruise, and in July, the Consti- tution and United States, of 44 guns each, and shortly after several other vessels of war. For a particular account of the existing force, as well as the additional vessels prepa- ring, the Committee exhibit herewith, a re- port of the Secretary of the Navy, of the 26th ultimo, as follows:
[Here follow a number of estimates of the purchase, equipment and support of vessels of war; which have already been publish- ed.]
Your Committee beg leave to report, fur- ther, that about the time of the sailing of our ships of war: and before the merchant ships were permitted to arm for their defence, our trade was in such jeopardy at sea and on the coast from French privateers, that but few vessels escaped them—that ruin star- ed in the face all concerned in shipping, and that it was difficult to get property in- sured—that insurance at that time:
outwards homewards To Russia, 22 3/4 per cent. 22 3/4 Sweden, 20 12 1-2 Denmark, & Hanse towns, 17 1-2 17 1-2 Holland, 20 17 1-2 Great Britain, 17 1-2 17 1-2 Spain, 17 1-2 17 1-2 France Portugal, 15 15 Morocco, 20 20 Italy, 27 1-2 27 1-2 China, & the East-Indies, 20 15 West-Indies, 17 1-2 17 1-2 Africa, 2 20
That at this time insurance can be had at the following rates, in the same offices:
outwards homewards To Russia, 12 1-2 12 1-2 Sweden, 12 1-2 12 1-2 Denmark, & Hanse towns, 10 10 Holland, 15 12 1-2 Great Britain, 10 10 Spain, 12 1-2 12 1-2 France Portugal, 10 10 Morocco, 12 1-2 12 1-2 Italy, 17 1-2 17 1-2 China, & the East-Indies, 10 10 West-Indies, 12 1-2 12 1-2 Africa, 12 1-2 12 1-2
Hence it will appear, independent of our greater security at home, as well as from insult and robberies abroad, that the saving on our shipping, exports, and imports, for the last year, has been more than could have been expected in so short a period. But pleasing as this is to the committee, they have good reasons to believe that the saving will be greater as our naval force encreases, believing that insurance will be less than it now is. The committee would exhibit an exact statement of the imports and exports of the last year if they had it in their power, as well as the quantity of tonnage em- ployed by the United States, but on ac- count of the dreadful malady that afflicted this city as well as other important towns of the United States, the returns cannot be ob- tained; nor can the committee exactly esti- mate the value of the imports of the last year, as the value is not annexed to several articles which pay duty—the duty being estimated by the pound, on coffee, &c.— and rum, &c.—by the gallon; but the im- ports in the United States, from the 1st of October, 1797, to 30th September 1798 may be safely estimated at fifty millions of dollars—the committee believe, more, as the profits on exports have been considerable— and monies imported are not entered. The exports beginning on the 1st Oc- tober, 1796, and ending September 30th, 1797, were 51,294,710 dollars.
In addition to which, the committee are assured, that large sums of specie have been exported, particularly to the East and West- Indies, and China.
The merchant shipping of the United States built and employed in that period, were as follows:
In Foreign Commerce, 675,046 tons Coasting Trade, 200,372 Fisheries, 38,920 914,338 besides 3,114 tons
of shipping built in foreign countries, making in the whole a total value of 917,452 tons the value of which may be fairly estimated as follows:
Shipping owned in the United States, employ- ed in foreign commerce, 27,126,400 678,160 tons, at forty dollars per ton, Coasters and fishermen, 239,292, at 30 dollars, Total, Dollars, 34,305,160
The Committee beg leave to state, as their opinion, that the measures taken for the pro- tection of the commerce of the United States, and subsequent thereto, have saved to the United States, considerably more than all the expenses incurred by the naval establish- ment; and in aid of their opinion, they beg leave to exhibit the following statement:
Exports and imports into the U. States for one year, com- mencing from the time of the sailing of our vessels of war, and authorizing mer- chants ships to arm—Dol- lars 100,000,000—at 7 3/4 per cent. is 7,500,000 Value of vessels employed in foreign trade, 27,126,400 7 1-2 per cent. is 2,006,739 9,506,739
Coasters & fishermen, 7,178,760 at one per cent. 71,787 60
Total Dollars 9,578,517 60 which may be reasonably calculated on, as, notwithstanding the rate of insurance has fallen so much, the stock of insurance com- panies of this city, is higher than in any other period, which evidently shews that it may be still lowered—the natural conse- quence must be, that freight will fall, as insurance; foreign productions must share the same fate, whilst the productions of our country and fisheries, will raise in the same proportion—as the merchants of this coun- try will be enabled to do more on a less capital, and with more certainty.
The exact expense that has attended the whole of the naval equipment cannot be as- certained on the account of the late fever, added to the Secretary of the Navy's not having entered on the duties of his office until June last, and the Accountant of the Navy, not before September; but the an- nual expense attending the present naval establishment, including eight revenue cut- ters, is estimated at two millions four hun- dred and thirty-four thousand, two hundred and sixty-one dollars, and ten cents, as will appear by the report of the Secretary of the Navy in this report; and the Commit- tee presume, that the sums there stated will be fully adequate to answer the purposes for which they are intended;—from that sum may be taken the annual expense of the Retaliation galley, taken in the West- Indies by two French frigates, twenty four thousand, eight hundred and thirty seven dollars, and fifty-five cents, leaving the an- nual expense of the present armament, two million, four hundred and nine thousand, four hundred and twenty-three dollars.
Your Committee beg leave to report, as their opinion, that for the safe keeping and careening the ships