that tliofe given Were not to be extended l>y re mote implications. On any other fuppoiition, the power ot Congress. to abridge the freedom of the press, or the rights of conicience, &c. could not have been disproved. The explanations in the Itate conventions all turned on the fame fundamental principle, and 011 the principle that the terms necell'ary and proper gave no additional powers to thole enu merated. [Here he read sundry paflages from the debates of the Pennsylvania, Virginia and North-Carolinaconventions, fbewing the grounds on which the conflitution had been vindicated by its principal advocates, against a dangerous latitude of its powers, charged 011 it by its oppo nents.] He did ni»t undertake to vouch for the accuracy or authenticity of the publications which he quoted—be thought it probable that the sentiments delivered might in many instances have been mistaken, or imperfedlly noted ; but the-complexion of the whole, with what he him felf and many others must recollecit, fully jufti iied the use he had made of them. The explanatory declarations and amendments accompanying the ratiffcations of the several states formed a striking evidence, wearing the fame complexion, He referred those who might doubt on the fubjed:, to the several acts of rati- fication The explanatory amendments proposed by Congress themselves, at least, would be good au thority with them; all these renunciations power proceeded on a rule of conftrucftion, <SP' eluding the latitude now contended for. These explanations were the more to be respected, as they had not only been proposed by Congress, but ratified by nearly three-fourths of the rtates. He read several of the articles proposed, remark ing particularly on the' nth. and 12th. the-for mer, as guarding against a latitude of interpre tation—the latter, as excluding every source of power not within the constitution itfelf. With all this evidence of the sense in which the constitution was understood and adopted, will it not be said, if the bill fliould pass, that its adoption was brought about by one set of argu ments, and that it is now administered under tke influence of another set ; and this reproach will have the keener sting, because it is applicable to so many individuals concerned in both the adop tion and administration. In fine, if the power were in the constitution, the immediate exercife'of it cannot beeflential— if not there, the exercise of it involves the guilt of ufurpatioii, and establishes a precedent of in terpretation, levelling all the barriers which li mit the powers of the general government, and protect those of the state governments. If the point be doubtful only, refpeft for ourselves, who ought to shun the appearance of precipitan cy and ambition ; refpeift for our fucceflors, who ought not'lightly to be deprived of the opportu nity of exercising the rights of legiilation ; re spect for our constituents who have had no op portunity of making known their sentiments, -and who are theinfelves to be bound down to the ineafure for so long a period ; all these consider ations require that the irrevocable decision Ihould at leaftbe suspended nntil another feflion. It appeared on the whole, he concluded, that the power exercised by the bill was condemned by the silence oftheconftitutioti ; was condemned by the rule of interpretation ai ifing out of the constitution ; was condemned by its tendency to destroy thevnain charatfteriftic oftlie constitution; was condemned by the expofitiortis of the friends of the constitution, whilst depending before the public ; was condemned by the apparent intention of the parties which ratified the constitution ; was condemned by the explanatory amendments proposed by Congress themselves to the Constitu tion ; and he hoped it would receive its final condemnation, by the vote of this house. SATURDAY, Feb. 19 Mi*. Muhlenberg pfcfcntcd the petition of Valentine Wiley read, and referred to the Secretary at War. Agreeable to the order of the day, the houle again resumed the confederation of the amendments proposed by the Senate to the new revenue bill—an amendment was proposed to the 6ift ie£H on. limiting the compensation to'the officers to two years, which palled in tiie affirmative, ayes 34, noes 20 : The residue of the a mendtnenfs were to with amendments. Mr. Smith (S. C.) gave notice, th3t on Monday next he should move that a committee be appointed to prepare, and bring in a bill for the temporary regulation of the Poft-Office. The report of the Secretary of the Treasury, upon the exports from the United States, was referred to a feleft committee, confid ing of Meflrs. Carroll, Bourne, and Mr. Sedgwick. On motion of Mr. Sedgwick, the house resolved itfclf into a committee of the whole—Mr. Boudinot in the chair, and took in to consideration the bill giving effect to the laws of the United States, within the (late of Vermont—the committee reported the bill, with one amendment, which was agreed to by the house. The bill was then ordered to be cngroffed, and read a third time «n Monday nc xt. The house again went into a committee of the whole—and took into coiffideration the bill regulating the number of reprelentatives to be chofcn bv the dates of Vermont and Kentucky : the com mittee reported the bill without amendment, which was rfad a third time and pafTed. In committee of the whole, on the bill to provide compensati on to clerks, marfhalls and jurors in the courts ot the United States —aftei*fome time spent, the committee rose, reported progress and allied leave lo fit again. M O-N D A Y, Feb. 21. ReDortu from the Secretary of War on fnndry petitions read. An engrofled bill to give etfeft to the laws of the United Slates, within tue state of Vermont, was feiad the third time, the blanks filled up, and the bill passed. Mr. Gondhtie delivered in the following. The Committee to whom was referied the Message of the Prejident oj the United States, oj the 14 th inft. report as follows : .THAT alter the day of no goods, wares or merchan dize, of foreign growth or manufacture, shall be imported into the United States, except in vessels of the United States, or in such as actually belong to the country or place, of which such goods, wares or merchandize, are or may be, the giowth, product or ma nufacture, or in the (hips or vessels of such country or place, to which the (hips or vessels of the United States (hall be permitted to carry goods, wares and merchandize, which arc not of the growth, product or manufacture ot the United States. And if any goods, wares, or merchandize ot foreign growth or manufacture, more than (hall be necessary for sea (lores, (hall af ter the said day of be imported into the United States, in any other mannerthan as is herein before provided ; ail such goods wares, and merchandize, and the (hips and vessels in which the fame (hall be imported, together with their tackle and apparel, (hall be seized and forfeited, to th? use of the United States, ana (hall he recovered and fold, and the proceeds accounted for, and applied in the manner provided for forfeitures, by the ast, intitu led, " An ast That there (hall be levied, collected, and paid, upon all rum which,-after ttie day of (hall be imported into the United States (over and above the duties now payable on distilled fgirits) a duty of one cent pr. gallon. And upon all distilled spirits, the produce or manufacture of any country or place, at which the (hips or vessels of the United States are not permitted to load such distilled spirits, and which (hall be imported into the United States after the day of a farther additional duty of twelve and an half cents pr. gallon, on such as (hall be not more than ten pr. cent below proof,according to Dicas's hydrometer, and in like proportion for all other distilled spirits, whether imported direftlv from thence, or from any other country or place,in any ship or ves sel, other than those of the United States ; which duties (hall be levied, collected, and paid, in like manner, fubjeft to the like re gulations and drawbacks, as is provided by the ast, intituled, " An ast And in order to ascertain the country or place at which spirits imported after the day of shall have been distilled, it fhal 1 be the duty of the importer or importers thereof in other than {hips or vefTels of the United States, to make proof to the fatisfac tion of the officers of the customs, with whom entry of any distil led spirits shall be made, that the fame were distilled in some coun try or place at which the ships or vefTels of the United States are permitted to load like spirits ; in default of which proof, all such spirits shall be liable to the payment of the aforefaid duty of twelve and an half cents per gallon. In committee of the whole on the bill making compensation to Clerks, Marfhalsand Jurors. The committee difcufTed the several fe&ions of the bill ; which were so amended as to leave the compensations to arise altogether from fees : They then role and reported the bill to the House, which further amended the fame. The bill was then referred to a feleft committee, of five, to report a table of fees. Mr. Madison reported a bill to explain a clause in the Ast mak ing provision for the public debt—refpe&ing the duty on lead and primed calicoes ; which was read the firft and second time, and ordered to be engrofted for a third reading. In committee of the whole on the bill, to compensate Captain Joshua Barney. A motion for filling up the blank with 896 dol lars, occasioned a considerable debate, and was finally negatived. The committee then rose and reported the bill to the house with a blank. A motion for engrofling the bill was also negatived. A meffige was received from the Senate informing the House that they have patted a bill which originated in the house, with sundry amendments. Some private business occuring, occasioned an order for clearing the galleries. TUESDAY, Feb. 22. Mr. Sedgwick of the committee appointed for the purpose, re ported a bill to make further provision in the law for the colle&ion of the duties on Teas, which was read the firft and second time, and referred to the committee of the whole house. Sundry reportsfrom the Secretary of War, on petitions referred to him, were read. A bill supplemental to the ast for establishing the Treasury De partment, was read the firft and second time, and made the order of the day for to-morrow. This bill provides for extending the clause in the bill which enjoin# an oath or affirmation from the principal officers of this Department, to the Clerks. A meflage was reeived from the Senate, informing the house, that they recede from some, and adhere to others of their amend ments to the bill laying duties on distilled spirits, &c. The committee appointed to 6onfider, and report what further provision is n ceffary to secure the duly accounting for monies ap piopriated for the War Department, reported a resolution for the appointment of a pay-master, which was read and|laid on the table. In committee of the 1 whole, on the bill, supplementary to the a£l to incorporate the fubferibers to the bank of the United States. Mr. Smith [S. C.J moved that the firft feftion of the bill should be expunged—and proposed the following in substance, as a sub stitute, viz : that fubferiptions for the bank should not be opened till the firft Monday in July next, and that the firft payment in the fix per cents of the United States may be deferred till the firft Monday in January next ; this was agreed to. A clause to prohibit any person or body politic, except on be half of the United State?, from fubferibing within three months from the said fiift of July, more than shares in one day— was agreed to. A clause proposed by Mr. Fitzfimons enjoining the payment of the specie proportion of the fubfci iption at the time of fubferibing, and fubje£ting the fubferibers to a forfeiture of the said fiift pay ment, in cafe the subsequent payments are not made—was also agreed to. Mr. Madison proposed a clause, in substance, making it optional with the fubferibers to pay their fubferiptions either in the three or fix per cents, both of the continental and aflumed debt—the three per ceuts, at two for one of the fix per cents ; agreed to. The committee reported these amendments to the house, which were adopted, and the bill ordered to be engrofTed for a third read ing to-morrow. The enrolled bill to regulate the,number of Representatives for the States of Kentucky and Vermont was reported, and signed by the Speaker. The amendments to the bill laying a duty on distilled spirits, See. which had been disagreed to by the Senate, were taken into consideration. The firft amendment to which the Senate had dis agreed, refpe&ed the limitation of the compensation of the offi cers to two years ; they proposed a substitute, by which, the pro vision was to continue till altered by law : Alter some debate, the question for agreeing to the amendment of the Senate, was nega tived—Ayes 24; Nays 36. The house then volei to insist on their amendment. The houfc concurred in the other amendments. A meflfage was received from the Senate informing the house that they'have negatived the bill determining the time of the next Meeting of Congress ; also communicating a vote of the Senate in which they request the concurrence of the house, for transmitting to the PrcGdcnt of the National Aflembly of France, a resolution expreflive of the sensibility of the legislature of the United States at the very rclpe&ful attention paid by that free and enlightened aflembly to the memory of Benjamin Franklin. The report of the committee on the mefTage of the Prefidcnt of the United States of the 14th infl. was read the second time. A motion to refer this report to a committee of the whole, was fuperccded by Hie call for an adjournment—which took place. 759 tOR THE GAZETTE OF THE UNITED STATES. THE VOLUNTEER LAUREAT, AN ODE; For the EIRTH.DAYvf the PRESIDENT of the UNITED STATES. OFT has the Foet's venal fortg, Correttly mean, and elegantly low, Told the falfe plaudits of the courtly throng, And wak'd a smile on guilty Grandeur's brow. But here hath Virtue's guardian hand \ Tom from the Syren, Adulation's power The Man, whose praise—the voice of every land— Hangs on the lips of every parting hour. Here, can no Poet's venal song Echo the praises of a courtly throng ; I\or the poor wealth of many a powerful State. Buy a new honor for the truly great : For here, the Muse's noblest lays But speak a Nation's answering praise ; And here, can heaven-descended verse Nought but the glories of his name rehearse. Daughter of Heaven ! awake theenobling lyre ! Breathe thy full influence ; every cord inspire ; Exalt the foul to dignity of song ; Swell every note, and every strain prolong. The answering Spirit trembles o'er the firings ; Things, more than earthly, dance before my fight ; Hark ! with her voice the empyrean rings ; Ihe Past, lies all reveal'd ; the Future lives in light. " The voice of Horror echoes far ; " Responds, the direful whoop of war ; *' Thunders, the mighty tube of death ; c< Ihe knife red gleams upon the heath ; u Groans load the air, shrieks rend the ikies ; " Thdcrimfon standard wildly flies ; '' Impatient slaughter loudly calls ; The Chief of Tho'tlefs Valor falls. u 'Gainst all the terrors of the field, " 1 he Chief of Virtue rears his shield ; " Secure, the train diminifh'd move; " And weeping Britain smiles in love. l< See, demon Danger's horrid form, " With dire OpprefTion flrong allied, " Hangs o'er the land—and wak-s the storm ; " And lwells, of deep calamity, the tide. " See, in their train Deftru&ion stalk ; " And Giant Vengeance threatening walk ; " And red-clad Envy ride the empoifon'd gale ; " And jealous Grandeur spread the impatient fail. " Greatly infpir'd, his country lifts her voice— " See Danger trembles at his awful name; " Tyrant OpprefTion views her fainting flame ; <c And gasping Freedom breathes but to rejoice. " Dark o'er the field of Liberty and Right, " Of fad Difmav, hangs low the deepen'd gloom : " Wide spreads the slash of Trenton's bloody light ; " And Freedom, glorying, rises from the tomb. " Strong in himfelf—he scatters wide the storm ; " Calms the wild raging of the troubled tide ; " O'crfhrows Definition ; Vengeance joins his fide ; " And Envy kneels in Adoration's fotm. " Lin'd with red Hosts the ramparts shine; " Oppos'd, the brother armies join ; " The brazen Thunders ope their throats ; " On all the air the Tempest floats : Their Captives guarded, fee the bands retire, " And jealous Grandeur at the view expire. " His Country fav'd, o'er Cincinnatus great, " He tills the foil, and guides the arts of Peace. " But fee ! new Glory bursts the womb of Fate ! " New toils demand him from the promis'd ease ! " The voice of millions lift him o'er the realm " Which once his valor from oppreflion freed ; " Powerful in virtue, now he rules the helm— " In War—in Peace—the blest of Heavon fuccecd. " O born to grace and dignify mankind ! " Years Long await thee—Time himfelf shall (lay " Till thou haft op'd, resplendent on the mind, " Th' immortal brightness of the moral day. 11 Tis thine to spread new virtue o'er the Eaith ; ** To breathe the foul of liberty in man ; " To brace Creation to a glorious birth ; " And charm Perfe&ion to complete the Plan." Favor'd of Heaven ! the Muse in rapture faints, Thy grateful country strives, in vain, to sing ; The Earth uplifts her hands in joy—the Saints Respond in Peans to each (peaking firing. " Long may'ft thou live"—the Soul of Nature crlcs— " Greatest of Mortals —Favorite of the Skies." PHILADELPHIA, Feb. 23, 1791 Yesterday being the Anniversary of the Birth-Day of The PRESIDENT of the UNITED STATES, when he attained to the 59th }'ear of his age—the fame was celebrated here with every demonstration of public joy. The Artillery and Light-Infantry corps of the city were paraded, and at 12 o'clock a federal falutc was fired. The congratulatory Compliments of the Members of the Legifiature of the Union—the Heads of the Departments of State—Foreign Minifters—Officers, civil and military of the State —the Reverend Clergy—and of Strangers and Citizens of diftmc tion, were presented to the President on this auspicious occasion. > The President of the United States, by and with the advice and consent of the Senate, has been pleased to nominate and appoint David Humphreys, Esq. Minister-Resident, from the United States, to her Moil Faithful Majesty the Queen of Portugal. Names of the Counfeilors and Attornies in the Supreme Court of the United States, admitted and sworn at Philadelphia, Feb. 1791. COUNSELLORS. William Lewis, William Bradford, jun. Alexander Wilcocks, Miers Fisher, Jonathan D. Sergeant, larcd Ingerfoll, Edward Tilghman, James Monroe, Edward Burd, William Barton, Mofcs Levy, John F. Mifflin, Charles Heatley, William Rawle, Jasper A. I. Dallas, Thomas Learning, jun. PeterS. Du Ponceau, John Todd, jun. Joseph B. M'Kean, Joseph Hcnderfon, and Ben jamin Chew, jun. Esquires, of Pennsylvania. > Luther Martin, Esq. of Maryland. Hon. Alexander White, ot Virginia, Hon. Samuel Johnfton,of North-Carolina. ATTORNIES. John Caldwell, and Bfni. R. Morgan, EfqVs, of PennfyUanid, PRICE CURKLNI'. PUBLIC SECURITIES. FUNDED DEBT. 6 pr. Cents 17/2 pr. £ 86 pr. cent. 3 pr. CrntJ of. 9/1 45 <|o. Defered 6 pr. Cents Q/«. 46 do. UNFUNDED DEBT, Final Settl.and other Certificates 15/9 16f.* 80 do l Indents 9/ 9/1 45 < *°- N. and S. Carolina debts, \2j6 d«. * Erroneously Jlated i?/"6 in entr UJt. i ELLA,
Significant historical Pennsylvania newspapers