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,