subjects of his most Christian majesty, nor citizens of the United States, who have commissions from any other prince or state in enmity with either nation to fit out their ships in the ports of either the one or the other of the aforesaid parties."

It may be alleged, that this prohibition against fitting the ships of privateers belonging to any other nation implies a permission to fit the ships of privateers belonging to France. But this inference cannot justly be drawn. If, by a promise made to one person, I restrain myself from lending money to any others, I am not surely by that restraining engagement, obliged to lend my money to him. It may be convenient, it may be necessary for me to reserve its application exclusively for my own purposes. In the same manner, by a stipulation, that in a war between France and Britain, we will not lend the use of our ports to the privateers of the latter, we are by no means obliged to lend it to those of the former. It may be convenient, it may be necessary for us to refuse it to both.

True it is, that by the treaty we are obliged to refuse it to Britain, and this to one of the parties was probably an important object. But it remains in our option whether we will or will not grant it to France.

Both the nations which made this treaty, might have the most unexceptionable, nay, the most commendable motives for reserving to themselves this option. France, particularly, might have the strongest reasons for refusing to bind herself, at all events, to permit even the United States to fit out in her ports privateers against any nation however united to her by compact, with which the United States might be at war.

This option, perhaps with France a favourite one, each of the parties to the treaty reserved the power of making. This option our nation, or its representatives for that purpose, have not yet made. This option private citizens are certainly unauthorized and unwarranted to make. Private citizens, therefore, assisting in a business of this kind, offend the law, and for their offences are amenable to the justice of the nation. If you know of any such, it is your duty to present them here.

In some instances citizens may be accountable for the conduct of their nation. In other instances the nation may be accountable for the conduct of its citizens.

It is impossible indeed that even in the best regulated state, the government should be able to superintend the whole behaviour of all the citizens and to restrain them within the precise limits of duty and obedience, Vat. 144; it would be unjust, therefore, immediately to impute to the nation the faults or offences which its members may commit. In every state, disorderly citizens are unhappily to be found. Let such be held responsible, when they can be rendered amenable for the consequences of their crimes and disorders.

If the offended nation have the criminal in its power, it may without difficulty punish him, and oblige him to make satisfaction. Vat. 145.

When the offending citizen escapes into his own country, his nation should oblige him to repair the damage, if reparation can be made, or should punish him according to the measure of his offence. Vat. 75. Bur. R. 1480. 4 Bl. 68, 69.

If the nation refuse to do either, it renders itself in some measure an accomplice in the guilt, and becomes responsible for the injury. Vat. 145.

To what does this responsibility lead? To reprisal certainly, Vat. 251, and if so, probably to war. Vat. 2. 4 Bl. Com. 68, 69.

And should the fortunes or the lives of millions be placed in either of those predicaments by the conduct of one citizen, or of a few citizens? Vat. 2, 89. Humanity and reason say no. The constitution of the United States says no. Vat. 2, 89.

By that constitution, many great powers are vested in the first executive magistrate: others are vested in him, "by and with the advice and consent of the senate." But neither he, nor he and they in conjunction, can lift up the sword of the United States. Congress alone have power to declare war, and to "grant letters of marque and reprisal."

Who indeed should have the power to declare war but these, as the immediate representatives of those who must furnish the blood and treasure upon which war depends?

With regard to this very interesting power, the constitution of the United States renews the principles known and practised in England before the conquest.

This indeed may be reckoned one of the chief differences between the government of the Saxons and that of the Normans. In the former, the power of peace and war was invariably possessed by the Wittenagemote, Millar on Eng. Con. 305, and was regarded as inseparable from the allodial condition of its members. In the latter, it was transferred to the king; and this branch of the feudal system, which was accommodated perhaps to the depredations and internal commotions prevalent in that rude period, has remained in subsequent ages, when from a total change of manners, the circumstances by which it was recommended, have no longer any existence.

There is, by the way, a pleasure in reflecting on such important renovations of the venerable Saxon government; and in discovering that our national constitution is rendered illustrious by the antiquity, as well as by the excellence of some of its leading principles.

The principle now under our view was urged as one reason why this constitution should be adopted by Pennsylvania: if urged with propriety then, it may be urged with propriety now. For what was then adopted, ought now to be supported.

It is calculated to guard

"This system will not hurry us into war. against it. It will not be in the power of a single man or a single body of men to involve us in such distress. For the important power of declaring war is vested in the legislature at large. This declaration must be made with the concurrence of the House of Representatives. "From this circumstance we may draw a certain conclusion, that nothing but our national interest will draw us into a war. I cannot forbear on this occasion, the pleasure of mentioning to you the sentiments of the great and benevolent man, whose works I have already quoted (Mr. Neckar), who has addressed this country in language important and applicable, in the strictest manner, to its situation, and to the present subject. Speaking of war, and the great caution that all nations ought

to use, in order to avoid its calamities-"And you, rising nation," says he, "whom generous efforts have freed from the yoke of Europe! Let the universe be struck with still greater reverence at the sight of the privileges you have acquired, by seeing you continually employed for the public felicity. Do not offer it as a sacrifice at the unsettled shrine of political ideas, and of the deceitful combinations of warlike ambition: avoid, or at least delay, participating in the passions of our hemisphere; make your own advantage of the knowledge which experience alone has given to our old age, and preserve for a long term, the simplicity of childhood; in short, honour human nature by showing, that when left to its own feelings, it is still capable of those virtues that maintain public order, and of that prudence which ensures public tranquillity.' Deb. of Conv. of Pennsylvania, 434.

On this great subject of peace and war, the voice of all France is reponsive to the language of our National Constitution. "When the interesting question was before her national assembly, its deliberations, we are told, were watched with anxiety by countless thousands. All Paris was in agitation, and when the decree was pronounced, that the lives and fortunes of twenty-five millions of men should not be at the disposal of a single individual, there was a shout of acclamation raised, which reached from the garden of the Tuileries to the extremest province of France."

Can we believe, for a moment, that this generous nation would wish to bereave us of a security, which they themselves so highly and so justly prize?

On July 27, 1793, the following indictment was returned by the Grand Jury:

At a Special Circuit Court of the United States for the Middle Circuit and the Pennsylvania District, holden at the City of Philadelphia, in the District aforesaid, on the twenty-second day of July, in the year of our Lord one thousand seven hundred and ninety-three.

The Grand Inquest for the United States, in the Middle Circuit of the said United States, and in the District of Pennsylvania, upon their respective oaths and affirmations, present

That, whereas, an open and notoriously public war for a long time hath been, and yet is, by sea and by land, had, carried on, and prosecuted, between the Republic of France and the King and people of Prussia, the King and people of Sardinia, the King of Hungary his subjects and people, the King and people of Great Britain, and the States General of the United Netherlands and their subjects, during all which time a treaty of amity and commerce was, and still is, in force between the said States General of the United Netherlands and the United States of America, whereby it is, among other things, provided that there shall be a firm, inviolable, and universal peace and sincere friendship between their High Mightinesses the Lords the said States General of the United Netherlands and the United States of America, and between the subjects and inhabitants of the said parties, and between the countries, islands, cities, and places situated under the jurisdiction of the said United Netherlands and the said United States of America,

their subjects and inhabitants of every degree, without exception of persons or places: And, whereas, by the Constitution ordained and established for the said United States of America it is, among other things, provided that all treaties made, or which shall be made under the authority of the said United States, shall be the supreme law of the land; and, whereas, at the time of the said war, by virtue of a certain commission and certain letters of marque and reprisal granted by the Republic of France, a certain ship-of-war called the Citizen Genet was, among others, set out and equipped, of which a citizen of the said Republic of France was commander, with several other French citizens, to the number of fifty persons, in a warlike manner, to take and destroy the ships, goods, and moneys of the King and people of Prussia, the King and people of Sardinia, the King of Hungary his subjects and people, and the King and people of Great Britain, and especially of the United Netherlands and the subjects thereof, and against them to wage war on the High Seas, and within the jurisdiction of this Court,-Gideon Henfield, late of the district aforesaid, yeoman, being an inhabitant of the said United States of America, well knowing the premises, and intending and contriving, and with all his strength purposing to interrupt, destroy, and break the said firm, inviolable and universal peace and sincere friendship aforesaid between the said United Netherlands and the said United States of America, on the fifth day of May, in the year of our Lord one thousand seven hundred and ninety-three, with force and arms, on the High Seas, and within the jurisdiction of this Court, unlawfully and maliciously did interrupt, destroy, and break the said firm, inviolable, and universal peace and sincere friendship between the said United Netherlands and the said United States of America; and that he, the said Gideon Henfield, so being an inhabitant of the said United States of America, on the same day and year aforesaid, on the High Seas aforesaid, and within the jurisdiction of this Court, and being a prize-master on board the said ship-of-war, unlawfully and maliciously sailed and cruised to several maritime places within the jurisdiction aforesaid, by force and arms to take the ships, goods, and moneys of the King and people of Prussia, the King and people of Sardinia, the King of Hungary his subjects and people, the King and people of Great Britain, and especially of the said States General of the United Netherlands, to the evil example of all others in like case offending, against the treaty aforesaid, against the laws of the said United States in such case made and provided, against the said Constitution of the United States of America, and against the peace and dignity of the said United States. And the grand inquest aforesaid, upon their respective oaths and affirmations aforesaid, further present:-That, whereas, an open and notoriously public war for a long time hath been, and yet is, by sea and by land, had, carried on, and prosecuted, between the Republic of France and the King and people of Prussia, the King and people of Sardinia, the King of Hungary his subjects and people, the King and people of Great Britain, and the States General of the United Netherlands and their subjects, during all which time a treaty of amity and commerce was, and still is, in force between the said King of Prussia and the United States of America, whereby it is, among other things,

provided that there shall be a firm, inviolable, and universal peace and sincere friendship between His Majesty the King of Prussia, his heirs, successors, and subjects, on the one part, and the said United States of America and their citizens on the other, without exception of persons or places: And, whereas, by the constitution ordained and established for the said United States of America it is, among other things, provided that all treaties made, or which shall be made, under the authority of the said United States, shall be the supreme law of the land; and, whereas, at the time of the said war, by virtue of a certain commission and certain letters of marque and reprisal granted by the Republic of France, a certain ship-of-war, called the Citizen Genet, was, among others, set out and equipped, of which a citizen of the said Republic of France was commander, with several other French citizens, to the number of fifty persons, in a warlike manner, to take and destroy the ships, goods, and moneys of the King and people of Sardinia, the King of Hungary his subjects and people, the King and people of Great Britain, the States General of the United Netherlands and their subjects, and especially of the King and people of Prussia, and against them to wage war on the High Seas, and within the jurisdiction of this Court, Gideon Henfield, late of the district aforesaid, yeoman, being an inhabitant of the said United States of America, well knowing the premises, and intending and contriving, and with all his strength purposing to interrupt, destroy, and break the said firm, inviolable, and universal peace and sincere friendship aforesaid, between his said Majesty the King of Prussia and the said United States of America, on the fifth day of May, in the year of our Lord one thousand seven hundred and ninety-three, with force and arms, on the High Seas, and within the jurisdiction of this Court, unlawfully and maliciously did interrupt, destroy, and break the said firm, inviolable, and universal peace and sincere friendship between his said Majesty the King of Prussia and the said United States of America; and that he, the said Gideon Henfield, so being an inhabitant of the said United States of America, on the same day and year aforesaid, on the High Seas aforesaid, and within the jurisdiction of this Court, and being a prize-master on board of the said ship-of-war, unlawfully and maliciously sailed and cruised to several maritime places within the jurisdiction aforesaid, by force and arms to take the ships, goods, and moneys of the King and people of Sardinia, the King of Hungary his subjects and people, the King and people of Great Britain, the States General of the United Netherlands and their subjects, and especially of the King and people of Prussia, to the evil example of all others in like case offending against the laws of the said United States in such case made and provided, against the treaty aforesaid, against the said Constitution of the United States of America, and against the peace and dignity of the said United States.

And the said grand inquest aforesaid, upon their respective oaths and affirmations aforesaid, further present:-That, whereas an open and notoriously public war for a long time hath been, and yet is, by sea and by land, had, carried on, and prosecuted between the Republic of France and the King and people of Prussia, the King and people of Sardinia, the King of Hungary his subjects and people, the