"4 'ilwlton of the aft for more tliari one attorney to fpeak |n any
^ne fuit. This they Imagmed a mafter-plece Uw, to filencethe
• redundancy of attornies, who retarded thebufinefs of court by
titeir unnecefTary babbling ; but to counterbalance any incon-
vcniency which might arife from fuch a refiriftion, they have
given tf-either plaintiff or defendant, a power to exercife thofe pri>
vrileges which before they were capable of invefling their refpeftive
attornies with. Great condefeenfion to be Aire. Give a power
Cp a perfon to do a thing him^lf which before he was fufflacnt
tit'authorlfe another to do for him. But as there is no particular
^ninimeotfor the Ample crime of violation, this in an-
.curative view, never brpatht^, net having the neceffary org^&ns.
Againf the aft to quiet in thar pofTeflions, &c. There may be
ftveralthings faidinpoint, but as the inAuences of this aft co*
tret mb^ pbaraft^ tbdn.thofe under view, we fhaU,filehtly pafs
' trover : for be h known, that thefupreme direftlfig power in
•ny ftate or conamunicy, as emergency and propri^ may direft,
can pafs over thofe barriers ai\d general outlines, ofherwife call
ed the conAitutions, the mutations of time conAantly rendering
it inadequate j but it ought to be done with great foreeaft,^nd
covered with an oAenAble gilding to render it impervious to Pie
rian deteftien. For the want of this philofophical exertion
and attention to the nature of the human mind, the exiAenceof
this fuperiorlty in all thfc Aates and kingdoms under heaven
(thofe excepted where the rulers are looked upon as bordering on
the divinity) have been terminated the humours of the Ple
beian mafs not being properly direfted, nor the political iflues
kept raanlng, have eternally dcAroyed the fuperlority of the few,
and generally for the want of the above attention. The aft un
der contemplation, does not literally militate againA any part of
the conditution, and yet will have more blefled effefts (though
at a greater diAance) than thofe which direftly and obviouAy
contradift it, which I will fully Aiew, when we return from the
exteremity of our difcuflion. Dear reader, 1 dare engage you
think we have diverged too far already, when 1 inform you we
are juA about to make another effort, in order to take in fome
collateral matters, which may poffibly lean againA the general
fcope of my doftrine ; and that you may keep your patience,
you muA know I am covered by two immortal geniufes j the
one in giving us an account of the adventures of an individual,
has drawn in the hiAory of the downfall of a mighty nation.—
The other, in celebrating filial affeftion, has likewlfe given us a
hiAory of the deAruftion and tranflatlon of the fame, people.
Thus contented, you will mind your eye, till I finifh this
fweepingclaufe, and then (my word for it) 1 will carry you back
to the very fpot we left.
This is a publication under fome fignature or other. The
author is extremely modeft in the account he gives of himfelf j
but before he is done, it is no difficult matter to fee, that he does
' not intend you fhould believe his modeA introduftion. He
takes occafion from the afiembly’s having remitted certain fines,
impofed by the court, for certain mifdemeanors, to arraign their
power as arbitrary, and fuperfeding the effefts of thc*judicial
authority. And a number of other things he notices, wherein
the judicial power is overfet by the legiflative. I cannot take
time to purfuehim through particulars ; but will juA exhibit the
fum and total amount of bis doftrines, which is this : That the
Ibperiority muft finally accrue to the judicial power in faft,-
whilA it nominally reAs with the leglAature. This neceflurily
arifes from the latitude he has given the judges, of conAruIng
the laws in fuch a manner, as will, in their judgment, agree
with the conAitution. Here we find they may conAruft a law
to abrogate one which Aands in their way, and theft tell us it
ftands abrogated by virtue of a fuperior law, and jD6|kjf them.
IntereAing logic indeed ! From the copioufnefs of buraiiguage,
and vai ic y ot legal meanings, it would b*e no difficulty tO mould
the laws to any purpofe.
Again—the manner in which the judges are to be tried, clear
ly implies (if there is any fenfc at all in what he fays) an infalli
bility alwaysrefiding in a competent number, to pafs fentence
on the whatever number may be fallible j and why there Aiould
be a prefumption of reftitnde on the fide of the judiciary power,
in preference to the legiflature, is alfo rather inconceivable upon
any rational grounds. They are men in every refpeft like others,
without they mean to prefume upon their contiguity, to the
farther verge of human exiAcncc j and here the prefumption
will be overthrown by experience, which fully reprobates this,
as an antidote againA corruption, nor acknowledges it as a cri
terion of ability. Here we will fuppofe a few cafes, to ferve as
an illuAration of the great abfurdity and danger of veAing the
judicial powers with fuch ample authority as (l forget his
name) would wiAi to give the judges, and lemd force o£ the
deouftions depend upon the probability of the ^^pofitions.
(Tt he eontimued.J
Foreign Intelligence,
—♦♦♦—— ■, ■ ^
PETERSBURGHr March 28^
O UR preparations for war continue with gicat aftivity
both by land and fea, and with the mo A happy Aic-
cefs } the arming of the fleet at ConAradt goes on
night and day with the utmoA defpatch, and prepara
tions arc making there, from which we conclude that vaA pro-
jefti arc in agitation. Freft recruits are daily arriving here, and
are lent to the army with tranfports of artillery and ammunition,
Co which they ferve as an efcort-
March 30. The Divan have iffiied a publication for giving a
teward of one ducat per head for all Ruffians and Germans,
and have declared, they will never eflabliffi a cartel for the ex
change of any prifoners. This caufes the folfters to fight with
meat fpirit, uid cannot fail of making the prefent war very
bloody.
WARSAW- April 5,
On the 14th of March, a body 4000 Turks, of which
500 were horfe, made an attempt to retake the convent of Si
nai, in Wallachia, and their approach was fo fudden, that Lieut.
Colonel Gntz had hardly time to get his troops together j but
foon pmeeiving the fuperiority of the enemy, who attacked him
fwora in hand, he was obliged to retreat, after a very terrible
ftre. The Turkilh commandant fought like a defparado, killing
numbers wdth bis own hand. Lieut. Colonel Geitz was flain
•mongfl the Atmans, who gave out they had only 12 killed,
and 31 wounded. The greateA part of the convent is reduced
«oalhes, and the Turks in cenfequeiu^ did not take poAeffion
*“l O N D O N, May I—16.
The navy of the Emperor of Morocco is in a moA defpicable
ftate j the whole of it confiAs only of twenty gr thirty row
boats, which are fmall low veflels, of a (lender conAruftion, and
generally cany from 100 to 150 men each j a few frigates are
ftjffirient le deAro/lthe whole navy.
Tht loipcror of Moroccoj U is (aid, affigns, as his reafon for
going to war wlth^’E^l^, a want of gun-powder, ten thou-
fand barrfts ofi which hp'rqquires as the terms of peace. y
going to war, his M4jem'difcovers his wifdop, as he will no
only obtain the ot^efto^hkijjrUhes, but of about ten
theufand balls. 4'. ' • v ' .
The quarrel wit^ftic Empi^r of Mofocco muA be attend^
with very forious conlequenc^^tiia Ea A-India Company*
Axip”? muAbomCvin the very of the Africani^med veuels,
and it is calculated the Compau^ haVe more than two millioos
.of property on the Wtaa at this timeV ^ .
It would be a coimdetatlgn worthy the attention of the Chni-
tian powers, to fornia juoftion of^their forces, and 'fccore to
themfdves all Ch^Tea-ports of Barbary, the principal of which
are Tangiers, Te!fiiaa,*Arzila, Salle, Mogadorc, and Larache,
compelling the fubjefts of that empire to refide at a^confiderable
diAance from the fea-coaA, by which means th|S_^ commerce of
Europe would nut be fubjeft to the depredations of thefe law-
lefs infidels.
In confequence of the dlfpute with the Emperor of Morocco,
Commodore CroAjy has left Italy, and repaired with his^^u*~
dron to Gibralter, in order to proteft the BtitiAi veflels^wnich
may be paffing the S traits. A Arift attention, on the parfwf the
fquadron, will always be able to prevent the piracies of the
Moorifli cruifers, the principal fca-ports in the J^perors do-
minichs being fituated in or near the Straits of Gibraltar.
F.-^raiftof a letter from Gibraltar, ilateft^arch r.
AU communications between this place lfl|(j,the territories
of the EnriperorofMorocco, is at an end. No EngUAi is now
admitted into his ports, nor are the EngllAi allowed to carry
merchandize or letters by land. The Emperor has made a de
mand of the Court of England of io,oee barrels of gunpowder,
requiring likewife that they fend this as a prefent from him to
tho Porte. The following Is a copy of the curious letter he
fent all theConfuls at 7'anglers, the 8th inAant
“ fa the name of God /—To all the Cenfuls j
** Peace to him that follrwttb the right way,
** Knew ye, that for thefe 30 years, that wc have obferved
the cenduft of the Englilh, and Aiviied their ebarafter j we
have always found that they never keep their word. We never
could dive into their ebarafter, becaufe they have no other than
that of telling Uet. We are acquainted with the ebarafter of
other CbriAian nations; we know that they keep their word j
but a nation like the EngliAi, of which there is no knowing the
ebarafter, who know not how to keep their word, and who only
can tell litst does not deferve that we Aiould fpeak or write any
thing to them : for according to our religion, a I'u is the moA
abominable of ai^Ices. Their Ambaffadcr, Curtis, told us
that he had orders from his Court, that the Aiips built on our
flips, and which wtwere to fend to Gibraltar, fliould be there
completely fitted. In confequence of which, we fent thofe ftiips
to Gibraltar, provided with every thing neceffary, and with mo
ney } but he fent back our fliips, and nothing was done to them •
but what offends us moAis, that he even fent back the ihipj
'which we had fent to conduft them to our brother the Sultan
Abdulhamed, whom God preferve.——After this, it is not ne
ceffary to add more.
*» On the 17th of the Moon Jumadilala, of the year 1702—
that is, February 15,1788.”
A fquadron under (he command of Sir Alexander Hood, will
be fent to the EaA-Indles, in Oftober next.
Domepk Intelligence,
^ I .1
N E W-L O N D O N, June 27.
Ex trail of a letter from a gentleman in
Aux^Cayei^ to his friend in ibis city^
dated Mdy 28.
« r I AHE times are very (harp j our
X veiTels are fearched in the
dead of the night, in a very rough
manner ; and two of the American
Captains (men of charafterj have been
taken o^t of their own boats, and put
into the frigate’s boat, and there cained
by the Captain of the frigate, kept in
irons all night, &c. &c. for no other
reafon than going off from the fame
wharf that he did. We intend to con-
fult in a fuitabic manner, and are
about to prefer a petition, the contents
of which I will foon make you ac
quainted with.”
N E W.Y O R K, July^"
A letter of the ift inft. fays, “ That
on Saturday the 28th ult. the Conven
tion were ftill difeuffing the ift claufc
"of the 8th feftion, of the ift article,
refpeffing the powers of Cohgrcfs.—
Objed^ons were at large ftated, and
amendments propofed by. Mr. Willi-
ams, Mr. Smith, andiMr. Lanfing
who were anfwered by Mr. Hamilton
in a moft animated and powerful de
fence of the claufe. Mr. Lanfing. in
reply, let fall fome expreffions, which
tended to ftiriw an inconfiftency in
Col. Hamiltoi# conduft. Hcaflert-
cd, that in theifedcral convention that
gentleman hajl argued ftrSngly that
the ftate governments ought to be fub,
verted or reduced to mere corporations.
He compared thefe fentiments to thofe
be had openly avowed in the prefent
convention, viz. That the ftate govern-
itients wcr€( neceflary to the preferva-
tion of hbprty.^ This called up Mr,
Hamilton, who entered into a ftate,
ment of fafts; denied what the gen
tleman had aflerted : declared that in
the general convention his ideas had
been uniformly the fame as on the
prefent occafion ; that though he at
that time declared, as he had conftant-
ly and publicly done fince, his appre-
henfions that the ftate governments
would finally fubvert the general fyf,
tem, unlefs the arm of the Union wai
more ftrengthened than it was even by
this conftitution; yet he had through
the whole of the bufinefs, advocated the
prefervation of the ftate governments
and affirmed them to be ufeful and ne,
ceflary. He accufed Mr. Lanfing’s in,
finuations as improper, unbecoming,
and uncandid. Mr. Lanfing rofe, and
with much fpirit refented the imputa-
tion. He made an appeal to Judge
Yates, who had taken notes in the Fe
deral Convention for a proof of Mr.
Hamilton’s expreffions. This produc
ed fome diforder in the Committe, and
the Chairman was obliged to call to
order. A motion for adjournment put
an end to the altercation.
On Monday Mr. Yates was againl
called upon by Mr. Lanfing for his
evidence: to which Mr. Hamilton free
ly ~fiibm.^t-tgdL anj
ajiology for the poffible miftakes oM
minutes, and faid, that in the general
convention, Mr. Hamilton had urged
ftrongly for giving the moft coniDlctc
fovereignty to Congrefs, and that ia
order to prevent the encroachmentsl
which he reared the ftate governmentfl
^would make on the Union, they ffiould
be red^gma frtfeller fcale, and bc|
inveftd^^^BMly corporate powers,
* II^^^^Bl^icrved, that corporatel
^^■^^HjPTous term, and alked
Mw^PPPPhe underftood that h«
(Mr. ffei|tiltoijVufed it as a deferip*!
tive ofpoj^erf. linilar to thofe of the
city of New^ork ? To' which Mr.|
Yates anfwcrcd in the negative; aJdinj
that he underftood the gentleman not
to wifti fuch a privation of powers 21
would reduce the ftates to mere cof*
porations in the popular acceptation
of that term, but only fuch as would
prevent the members from retarding if
any aegree, the operations of the unitft
government. Col. Hamilton thee
alked him if he did not, after the abov(
mentioned debate in the federal con*
vention, hear him (Col. Hamilton
fay, that his opinion was that the ftati
governments ought to be fupported
and that they liquid be ufeful and nc
cenary ; and further afked him if hi
did not remember that he (Col. Hamil
ton) h^ recommended (as additiona
fecurities to the ftate govcrninents)
Court of Impeachments, to be cod