independence of that judicial power which is vested in the courts; and, consequently, with that important principle which is so strictly observed by the Constitution of the United States."

Extract from the opinion of Chief Justice JAY, and Judges CUSHING and DUANE:

"The court were unanimously of opinion,

"First. That by the Constitution of the United States, the government thereof is divided into three distinct and independent branches; and that it is the duty of each to abstain from and oppose encroachments on either.

"Secondly. That neither the legislative nor the executive branches can constitutionally assign to the judicial any duties, but such as are properly judicial, and to be performed in a judicial manner.

"Thirdly. That the duties assigned to the circuit court by the act in question are not of that description; and that the act itself does not appear to contemplate them as such; inasmuch as it subjects the decision of these courts, made pursuant to those duties, first to the consideration and suspension of the Secretary at War, and then to the revision of the legislature; whereas, by the constitution, neither the Secretary at War nor any other executive officer, nor even the legislature, are authorized to sit as a court of errors on the judicial acts or opinions of this court.”

SUCH, upon the whole, are "THE FEATURES OF MR. JAY'S TREATY." It was not intended to protract this sketch of them to so great a length; and yet more circumstances are recollected that might have been inserted than could, upon a fair reconsideration, be retrenched. If it shall, in any degree, serve the purposes of truth, by leading, through the medium of a candid investigation, to a fair, honorable, and patriotic decision, the design with which it was written will be completely accomplished, whether RATIFICATION or REJECTION is the result.

But before the subject is closed, let the citizens of the Union be warned from too credulous an indulgence of their prejudices and their fears. The discordant cry of party is loud; and the phantoms of war assail the imagination; yet, let us not be deluded by stratagem nor vanquished by terror. The question is not a question between party and party, but between nation and nation; it is not a question of war or peace between military powers, but a question of policy and interest between commercial rivals. The subject is too momentous to be treated as the football of contending factions, it appeals from the passions to the judg ment, from the selfishness to the patriotism, of every citizen!

al

That the British treaty, or a British war, is a necessary ternative, will be more fully controverted if the writer's present

intention of delineating "FEATURES OF THE DEFENCE" shall be carried into effect. But, in the mean time, let a few self-evident propositions contribute to relieve the public mind from the weight of that apprehension.

1. The disposition of Great Britain, manifested by the order of the 6th of November, 1793, by the speech of Lord Dorchester to the Indians, and by the repeated invasions made, under General Simcoe's authority, upon our territory, is naturally hostile to the United States.

2. Even if the United States could, by any means, soothe and convert that disposition into amity and peace, the projected treaty is too high a price to pay for such a change.

3. The refusal to enter into the projected treaty with Great Britain is not a just cause of war; and if a pretence only is wanting, it may be found in the toasts at our festivals as well as in the acts of our government.

4. But the ratification of the treaty will assuredly give umbrage to another nation-to an ancient ally.

5. If war is inevitable either with Great Britain or with France, it would be more politic for the state, more congenial to the sentiments of the people, to engage the former than the latter

power.

6. In case of a war with Great Britain, we have assurance that France will aid us with all the energy of her triumphant

arms.

7. In case of a war with France, we ought not to count upon the affections, and we cannot rely upon the power, of Great Britain to befriend us.

(FROM THE PHILADELPHIA GAzette.)

View of the Commerce of the United States as it stands at present and as it is fixed by Mr. Jay's Treaty.

1. ACTUAL STATE.-American ships from Europe enjoy a protecting duty of ten per cent. on the amount of duties on goods, wares, and merchandises imported into the United States in foreign bottoms from Europe, and of 30 to 50 per cent. on teas imported in foreign bottoms from Asia or Europe, paid by foreign bottoms more than is paid on such goods imported in our own vessels. Foreign bottoms pay also 44 cents a ton on every voyage more than is paid by American shipping; all which had been allowed by the federal government to encourage American ship-builders, mariners, mechanics, merchants, and farmers.

1. STATE BY TREATY.-By treaty America cedes to Great

Britain the right of laying duties on our ships in Europe, the West Indies, and Asia to countervail these, and engages not to increase her duties on tonnage on this side so as to check the exercise of this right; in consequence British ships may be put, at the discretion of the British government, on exactly the same footing as American ships in the carrying trade of Europe and Asia.

2. ACTUAL STATE.-American ships of any size now go freely to all the British West Indies, sell their cargoes, and bring returns, as it suits them.

2. STATE BY TREATY.-By treaty American ships are to be reduced to seventy tons, in order to be admitted in the British West Indies.

3. ACTUAL STATE.-American ships may now freely load molasses, sugar, coffee, cocoa, or cotton to any part of the world from the United States.

3. STATE BY TREATY.-By treaty American ships are to be totally prohibited this commerce, which is to be carried on under any flag but theirs.

4. ACTUAL STATE -American citizens can now go supercargoes to India, settle and reside, and do their business there.

4. STATE BY TREATY.--By treaty no American citizen can settle or reside in these ports, or go into the interior country, without special license from the local government, who may, under color of this, impose what obstacles they please to the

commerce.

5. ACTUAL STATE.-America now enjoys the right of regulating commerce, so as to encourage one nation and discourage another, in proportion to benefits received or injuries felt respectively.

5. STATE BY TREATY -All this abandoned by the treaty so far as respects Great Britain; no duties can be laid on British goods but what must apply to all other nations from whom we import goods; no embargoes on exports to British ports but what must apply to all nations alike.

6. ACTUAL STATE.-American ships now freely navigate to the British dominions in India, and from thence proceed with cargoes to any part of the world.

6. STATE BY TREATY-By treaty American ships are admitted as usual into the British ports of India, but prohibited carrying any return cargoes except to the United States; prohibited also from the coasting trade in the British ports of India, from which they were not, that I know of, before excluded.

7. ACTUAL STATE.-Timber for ship-building, tar or rosin, copper in sheets, sails, hemp, cordage, and generally whatever may serve directly to the equipment of vessels not contraband by former treaties of the United States.

7. STATE BY TREATY.-All these articles made contraband by this treaty.

8. ACTUAL STATE.-American ships carrying provisions, by America claimed as having a free right of passage to the ports of their destination.

8. STATE BY TREATY.-This claim now apparently waived; such American ships, when taken, to be allowed indemnity of freight, demurrage, and a reasonable mercantile profit, the amount whereof not ascertained.

9. ACTUAL STATE.-American ports open to prizes made on Britain by France, and America possessed of the liberty to grant similar douceurs to other nations, as she sees fit in future compacts with them.

9. STATE BY TREATY.-American ports now opened to prizes taken by Britain from any nation except France, but shut to prizes taken from Britain by Spain, or any other power not favored in this way by treaties already made; of course discouraging to our future negotiations with all powers, France and Britain excepted.

10. ACTUAL STATE.-American ships allowed at present freely to enter British ports in Europe, the West Indies, and Asia, but shut out from the seaports of Nova Scotia and Canada.

10. STATE BY TREATY.-American ships allowed to go into these ports, but under new restrictions of size in the West Indies, and of latitude of trade in the East Indies; the ports of Halifax, Quebec, etc. still shut to America.

11. ACTUAL STATE.-American ships thus partially allowed entrance into British ports.

11. STATE BY TREATY.-British ships allowed universal entrance into all our ports.

12. ACTUAL STATE -American ships now sail, though not under naval protection, under guarantee of all the British effects possessed here, which might be made answerable for our floating property, if unjustly seized on by Great Britain in case of a war, so much apprehended by the Chamber of Commerce of New York.

12 STATE BY TREATY.-By treaty American ships deprived of this guarantee; sequestrations or confiscations being declared impolitic and unjust when applied to stocks, or banks, or debts, though nothing said about them when applied to ships or cargoes.

13. ACTUAL STATE.-British debts now recoverable in the federal courts of the United States, but reposing on the solvency of the debtors only.

13. STATE BY TREATY.-By treaty a new court of commissioners opened on this subject, with immense power and guarantee of the United States, who must meet, indeed, at Philadelphia, but may adjourn where they please. Nothing said of

debts due to Americans in England, if, by legal impediments, prevented from recovery there.

14. ACTUAL STATE-America sends Mr. Jay to recover redress for spoliations on our commerce actually sustained.

14. STATE BY TREATY.-By treaty a court of commissioners opened, who are to sit in London, without power of adjournment, as in the case of the commission for debts. Americans must, therefore, transport themselves and claims to London, and employ counsel there, to recover what the commissioners shall think fit to allow them. Admirable compensation, indeed!

15. ACTUAL STATE -American ships much plagued by British privateers.

15. STATE BY TREATY.-By treaty the privateersmen are to give £1500 to £3000 sterling security for their good behavior. 16. ACTUAL STATE -American citizens may now expatriate and serve in foreign countries.

16. STATE BY TREATY.-By treaty they are declared pirates if serving against Great Britain; but no provision made to guard American seamen from being forced to serve in British ships.

17. ACTUAL STATE. — America possesses claims to a large amount on account of negroes carried off, and the western posts detained in violation of the treaty of 1783.

17. STATE BY TREATY.-These claims all waived by the treaty, without reference to the merits of these pretensions.

The casting up of the above is submitted to the Chamber of Commerce of New York.

Errors, outstandings, and omissions excepted.

PHILADELPHIA, July 27, 1795.

No. 3.

MEMORIAL TO LEGISLATURE AGAINST CALLING

A CONVENTION.

To the Honorable the Senate and House of Representatives of the Commonwealth of Pennsylvania, the memorial of the subscribers, citizens of the said Commonwealth, most respectfully represents :

That your memorialists have seen with alarm and regret proposals recently and suddenly sent forth and pressed upon your consideration for calling a convention with the avowed intention of altering the constitution of this State.