Ri+Aettr New Amphitheatre,
THIS PRESENT EVENING, January 12,
Will be presented,
Surprising Feats of Horsemanship,
AND
Stage Performances,
/ Among which arc,
The Italian Shades; or, The Art of Magic.
For the last time this Season, the mveh admired Panto
mime of
HARLEQU j
Or, "The Spirit of Fancy.
With many other performances, which will be Announ
ced in the bills of the day.
4-*4- The Doors in future to be opened at FIVE
and the Entertainment to begin at SIX o'clock.
There are a numbe. of Stoves placed in the Amphi
theatre which render it perfectly comfortable.
%* Boxes, one dollar—Pit, half a dollar.
$y" Those Gentlemen who intend to take places for tlie
Boxes, are desired to fend iu timeA
Canal Lottery Office,
Near the Bank of the United States,
January 9th, 1796.
TICKETS to be had at this office (warranted undrawn)
dt Twelve Dollars each, except during tht hours of
drawing.
STATE of the WHEEL
I prize of 30,060
£ do. 20,000 -
a do
3 dc
4 dc
14 do
23 do -
55 do. - - s»s°°
With a proportionate number ®sri dollar prizes.
The Wheel is much richer than at the commencemeH
of the drawin-g, and the pricc ot Ticket*. mufl rifa in a
few days. Purchaser* will be accommodated >vith i cre
dit proportioned to the nu-i''i'T of Tickets they take.
By order of the Committee.
• Ww. .Blackburn, Agent.
' <w
10,000
4,5 OO -
4,000
I,CQC -
$00
TOO
January Ii»
flott. A Check-Boot iept at the ab»vc office for exa
mination, at two cents each number, or twehve cents for
regifrtriogj
The Commifiioners now draiv 600 Tickett per day.
_ ADVERTISEMENT.
•""TO be fold at Public Vendue, oil TuefJay, 19th Janu
-5 ary next, at i, P.M. the Plantation of Maryßam
fcy; deceaied, in Tinicuni townfiiip, Bucks couity, au l
state of Pennfyltania, containing 17? 1-3 acres, ap)lin
ing' land of William "Cooper, Beter i.cuditon, and George
J*-ofs, and to be fold fcr Cash, by
ROBERT RAMSKY, and ">
SAMUEL RAMSEV, \ Executor.,.
January II
TO THE PUBLIC.
Miniature Painting.
AUMNER from Paris refpe&fully informs the pub
lic, that fee paints Likeneffi-s in Miniature, i:i_ so
ftrilcmg and plealing a manner, as will, he hopes, fatisfy
thofc who may employ Vim. His Lilr nesses are warran
ted, his'fitt.ings fliort, and his term? easy.
Hi. room is at No J. qorth Filch street.
December 30.
P. S. As he fjiort'y.intends returning to France, he in
vitee fuL.h Ladies and Gentleman aa may be desirous of
hiving their portraits drawn, to take advantage of the
p'rcfer.t time.
Portraits,
\ NY Ladies9nd "Gentlemen, who arc defirow of hav
ing t!ieir JLikenefie» t&kca, may have them done by
applying to the.Painter,.atsNo. U2,corutr cf Union and
•Foui'th ilrcets, where .they can be referred t© specimens.
G&ober 29.
THIS DAY PUBLISHED,
B yJ. Ormrod, -No. 41 Chefnuf Street, in two vo'umes
neatly bound, lettered,ani ornamented, with an ule
gantprint,repreSfntingC vrus cc<fuking*DANlEL,
[Price twe dollars ]
The Travels ot Cyrus ;
In French and Englijb.
I'o which is annexed.
A T3ifcourfe upon the Thco ogy and Mythology of the
PAGANS.
Translated and arranged in the mod convenient Tder,
for the immediate and sweater improvement of those La
dies and Gentlemen, who wilh to acquire speedily sither
the French or Englijh language.
By j. E. M. De La Grange, L. L. D.
Late Corenfellorat Law in the Supreme Court of Cape
Francois, and Tfamlatof of J. Moore's
Journal in France.
Literal tranflitioft* of the French and English dailies
haVe long been u defidt-ratum. The different idioms of
the two language opetate forcibly again!! the ftudejit.
who is frequently bcwilderjd in the intricate labyrinth ps
phrafeslngy. To remedy this inconvenience,, an entirely
' new translation, clothed in an clcgaju di&ion, combined
with the modern improvements in Orthography] is here
given, corresponding verbatim with the English copy; so
that the reader may, fey a single glance, percpivfi the sense
In either language.
The E iitor of this publication has neither care
nor expence to render it worthy the attention both of tu
tors and scholars; should he be so fortunate as to succeed,
he will be* highly gratified in having contributed his mite
towards the promotion of ufeful literature.
January 9.
30 Pipes Gogniac Brandy,
Corks, in bales, and
Holland Gin, in pipes,
«t/-y v.
December 31.
For SALE, by the Subscribers,
On reasonable terms of credit,
it Bales of low-priced Flax and Tow Oznaburgi,
6 Hales of Eng-1 (h Sail Canvass of the following num
bers, viz. No. 4, 5, 6-
Wiltings Zf FrancijS,
3taw. Penn-ftmet.
Novembor 21.
• t-i.4 .♦-•'V* f } -7i its ,0 ' UtrnSi iVff.iV,* «U„ ■ : *lj
Mtofir ftfitful
j<!■%!' #tsf fx*.Jm r i^' •• 2 ts-x*: -uff * - , ,
30,000
100,000
20,000
1 7%5 go
8,000
: 12,©00
§IJt
diw
'«> -R»* t ;•
For Sale by 0
Benjamin W. Morris.
eodtf
FliOM THE tolfttWA.
THE DEFENCE.
—No. XXXVIII. and Lqft.—
[" CONCLUDED.]
The manner of exercising a similar power under
the Confederation (hall now be examined.
To judge of the similarity of the power it will
be ufeful to quote the terms in which it was grant-
ed. They are thefc, "The United States in Cori
grefs Aflembled, (hall have the sole and exclusive
right ittd power of entering into Treaties and alli
ances, provided that no treaty of Commerce (hall be
made whereby the legiflativc power of the refpec
ti*e slates (hall be retrained from impoling Inch
impolls and duties on Foreigners as their own peo
ple aie fubjeftto, or from prohibiting the importa
tion or exportation of any species of commodities
whatsoever" (Article IX.)
It will not be disputed that the words " Trea
ties and Alliances" are of equivalent impoit and
of no greater force than the lingle word " Trea
ties" and alliance is only a species of treaty, a par-
ticular of a general—and the power of " entering
into treaties" which terms confer till authority un
der which the former Government adlei, will not
pretended to be ilronger than the power " to make
treaties," which are the terms coNstituting the au
thority under which the present Government atis,
it follows that the Power, refpeeting treaties, under
the former, and that under the present government
are tauilar.
Bt though limilar, that under the present govern
ment is more comprehenSve ; for it is divested of
th« reltrietiou in the provilion cited above and is
fortified by the express declaration that its Adts
ftiall be valid notwithilanding the constitution or
latys of any state.—This is evidence, (as wasi the
of a disposition in the convention to difero
barrafs and reinforce ihe power of Treaty. It ought
not to pass unnoticed, that an important argument
results irom the Pravijo, which accompanies the
power granted by the confederation, as to ihe na
tural eXtenf of this power. The declaration that
no treaty of lommeice (hall be made letlraining
the legislative power of a Rate from imposing such
duties and imports on foreigners as their own peo-
ple are fubjett' to. or from prohibiting the importa
tion or exportation of any species of commodities
whatsoever is an admiflion. i. That the general
power of entering into treaties included that of
making treaties of commerce, and 2. That with
out the limitation in the pruvifo, a treaty of com
merce might have been made which would j-cllrain
the legislative authority of the state jn the points
interdicted by that pro» so.
Let it not be iaia that the proviso by implica
tion granted the pov;er to make treaties of com
merce, tinder which congress afterwards atted ; for
belidts that this is inco; lillent with the more obvi
ous meaning of the rlaufe, the firft article of the
confederatisn leaves to the Hates individually every
power not tKprtfsly delegated to the United States
in congress aflembled. 'I he power of congress
therefore to a treaty of commerce and every
other treaty they did make—mull be jindicaied on
the ground that the express giant of power to en
ter into treaties and alliances is a general, which
neceflarily included as particulars the various trea-
:ies they have made and the various ftipulationt «f
hose treaties,
Under thispowet, thus granted and defined, the
alliance with France was cdntra£led : guaranteeing
in the cafe of a defenfjve war her pof-
Mfions, and wließ the cafus foederis occurs obliging
the United States to make war for the Defence of
those Pofleffions and consequently to incur ike ex
penses of War.
Under the fame power, treaties of commerce
weic made with France, the Netherlands, Sweden
and Priilua—Beftdes that every treaty of commerce
is necessarily a regulation of commerce between the
parties it has been (hewn in the antecedent compa
rison of those treaties* with that lately negociatcd,
that they produce the fpecific effedU of retraining
tha legislative power from imposing hightr or other
duties on the articles of those nations than on the
like articles of other nations, and from extending
prohibitions to them whfeh shall not equally extend
to'other nations the raofl favoured; and thus a
bridge the exercise of the legislative power to tax,
and the exercise of the legislative power to regulate
Trade.
Thefc Treaties likewise define and establish the
fami' cafe of Piracy, which is defined in the Treaty
with Great Britain. Moreover the Treaty with
Fiance, as has been elsewhere (hewn, with tegard
to rights of property Naturalixet tht whole French
Nation.
The consular Convention with France, negotia
ted likewise under the fame Power, grants to the
Consuls of that country various authorities and ju
rifdi&ions some of a Judicial Nature, which are
adhial transfers to them of portions of the internal
jurifdi&ion' and ordinary judiciary Pewer of the
Country ; the exercise ot which our government is
bound lo aid with its w:hole strength. It alio grants,
exemptions to French Consuls from certain kinds
of taxes, and to them and French Citizens from
all personal fcrvice ; all which are extremely deli
cate interferences with our internal policy and or
dinary Jurifdi&ion.
Under the fame power the treaty with Morocco
was formed, which, besides various other regula
tions relative to war, and several relative to trade,
"contains the rule that neither party (hall make war
without a previous demand of reparation; in re-
Ikratnt of the general discretionary power of Con
gress to declare war.
Under the fatoe power, the treaty of peace with
Great-Britain was made—This treaty contains the
iftabiifhment ®f a boundary line between the parties,
which in pait is arbitrary, and could not have been
predicated precise antecedent right. It also
prohibits the future cqniifcation of the property
of adherents to Great-Britain ; declares that no
* Articles 2d, jd and 4th of treaty with France
2(5, 3d, and 20th of treaty with and 3d,
t»f treaty with Holland 3d, and 4th of treaty with
Sweden.
'<11 on ?. cf
perlon ,
war iuttcr any- future.lof* or la-nis petlou,
liberty or property, and provides for the release
of such persons from cunfineroent aird the difcon-
tinuance of prosecutions againlt them.
It is difficult to conceive a higher aft of control
both of the legislative and juriiciaiy authority, than
by this article. Theftf prjvilions are analagotis in
principle to those stipulations which the second
and ninth articles of the treaty under examination
have given otcafion to con!litutic/n»l objeftion 1 .
Under the fame power various treaties with In
dians inhabiting the territory of the United States
lave been made; eftabhfhing atbitraiy lines of
boundary with them; which determine the right
of foil on the one iide and on the other. Some of
thefc treaties proceed on the principle of the U.
States having conquered the India 1 country, and
profefs to make gratuitous concessions to them of
the lands which are left to their occupation : Tiiere
is also a feature df importance common to these
treaties, which is the withdrawing of the prot ;£tion
of the United States from those of their citizens,
who intrude on Indian laws, leaving them to be
punished at the plcafure of the Indians.
Hence it appears, that except as to the ftipula
lations for appom ing commiffinners the trea:i;s
made under the con!.deration contain all the fea
tmes, identically or by analogy, whiqn tohes of
conltitutional obje&ion to the treaty before us :
They restrain, in certain Inflances, the IcgiiTative
power to lay tastes ; they make numerous and im
portant regulations of trcde j they confer the be-
nefit of nataraliyaiioivas to property ; they define
cases of piracy ; they create canfesof expendi'uie ;
they diieft and-mjdi! }■ uje power cf war j they
erect •within th: country tribunals unknown to our
coriflitu'.ions and laws, in cases to which these are
competent —whereas the tieaty with Great Britain
only provides for the appointment of Arbitrators
in cases to which our tribunals and lawn-are incom-
petent ; and they make difpcfi'ions concerning the
territory and property of tin United States.
It is true, that tome, of thr treaties made under
the former governmenc, though subsequent to the
proposing of the article# of confederation to the
.Scutes, were prior to the linal adoption of these
aiticles ; hut still it is prefufnab'.e that the treaties
were negociateJ with an eye to the powers of the
pending national compact. Those with Great-Bri
tain, Sweden, Russia, and Morocco, < and the con
vention with Fiance, were polterior to the com-
pletion of that compact.
It m<ty perhaps be argued, that a moie exten
fivc conltiuftion of the power of treaty, in the
confederation, than in our present conftirution, was
countenanced by the union in the fame body of le
gislative powers with the power of treaty. But
this argument can hare no force when it ij consider
ed that the principal powers with regard
to theobjedts embiated by treaiie3 of Congrels
were not veiled in that bojy hut remained with
the individual ilatcs—Such a e the power fpscific
taxation, the power of regulating traae, the power
of naturalization, &c.
If in theory theobje&s of legislative power art
excepted out of the power of tieaty, this mult have
been equally at leatt the cafe wit-h the legislative
powers of the Itatc governments as w'th ihofe of
the United States —Indeed iht argument was much
flronget for the objection, where diltinft govern
ments were the ttepolitary ot the legislative po ~er
than where the fame government was the deposito
ry ot that power, and of the powers of tieaty.
Nothing but the intrirllo force of the prwet of
.treaty could enabled it to penetrate the sepa
rate Inheres of the Rate governments. TLe'praftice
under the confederation for so many years, acqui
ofced in by all tine States, is therefore a cor.chifive
illuttiaiion of the power of treaty, and an irrefifti
ble refutation of the novel and preposterous doc
trine, which impeaches the constitutionality of that
lately negociated—lf the "natural inipsrf of the
tefms used in the constitution were less clear and
decisive than they arc, that practice is a cemmen
taty upon them, and fixes their sense. For the
sense, in which certain terms were praftifed upon
in a prior coivilitution of government, must be pie
fumed to have been intended, in using the like
terms in a subsequent constitution of government
for the fame nation.
Accordingly, the practice under the present go
vernment before the late treaty has corresponded
with that sense.
Our treaties with several Indian nations regulate
and change the boundaries between them and the
United States—And in addition to eompenfations
in gross they Itipulate the payhient of certain fpe
cific and perpetual annuities. Thus a treaty in
Atiguil, 1790, with the Creeks, (Article 5) pro
mifes them the yearly sum of one thousand five hun
dred dollars—And similar feature? are found in sub-
sequent treaties with tiie Six Nations, the Chero.
kees and the North Western Indians—This lad ha 3
jufl been ratified by the unanimous voice of the Se
nate. It ftipnlates an annuity of 9500 dollars—
| and relinquishes to the Indians a larjje tradt of
land whi-Jj they had by preceding treaties ceded
to the United States.
Hence we find that our former treaties under
the present government, as well as one fuWfequent
to that under confideratien, contradidl the dodtrine
set up against its conflitntionality—in the impor
tant particulars of making dispositions concerning
the territory and property of the United States
and binding them to raise and pay money. These
treaties have not only been made by the President
and ratified by the Senate, without any impeach
ment of their conllitutionality, but the tioufc of
fteprefentatives has heretofore concurred, and with
out objedtion, in carrying them into effedt by the
requisite appropriation of money.
The consular convention with France flands in a
peculiar predicament. It was negotiated under
the former government, and ratified undef the pre
sent ; and To may be regarded as a treaty of both
governments, illustrative of the.extent of the pow
er of Treaty in both. The delicate and even the
extraordinary nature of the (>rovifions it contains
have been adv«|fed to. Though all refledfing men
have thought Til iff tlie propriety of some of them,
as inconveniently breaking in upon our interior ad
ministration, legislative, executive, and judiciary ;
mjuirfi-illj V. r. y <i{
riU ot itipuhuiiins eijteud ir.ta by our plibue
agents under competent powers, yet no quell ion
has been.heard about their conAitu'tiunality. And
congress have by law afiilted tlieir execution by
making our judicial tribunals and the public tone
of the country auxiliary to the decree* of the ie».
eign tribunals which they authorize within our ter
ritory.
If it should be said, that our Conftitntion by
making all former treaties, and engagements a»
obligatory upon the United States, owdcr tfoatf
coniiitution, as they were u >der the confederation,
rendered the ratification of the Convention a tau
ter of ncceffity—the answer is that either the en
gagements wbich it contracted were already con
clulive, or they were not —if the former, there
was no need of a ratification, if the latter, there
1 was no abfc.lute obligation to it. And in every
supposition, a ratification by the Pretident with
the consent of the Senate could have been predica
ted only upan the power given in the prelent coii
ftitution in relation to treaties ; ar:d to have any
: validity mult have been within the limit of thai
power.
But it has been heretofore seen that the inference
from this inftiument is no left strong, if referred
.orlre power under the confederation than it refer
red to the power under the present conftinition.
How happens it, that all tliefe iovalions of the
constitution, if they were such, were never dil
covered, and that all the departments of the go
vernment and all parties in ihe public coiu.xiis,
(hould have co-operated in giving' them a-iarifiion.
Docs it not prove that all were convinced, that
the power of treaty applicii us our ex;crior rela
tions to objects, which ii» theotdinary eouife of
internal administration aud in leferrence to ourfelvcs
were of the cognizance of the legislative power ?
and patticulatlv that the former x«ls competent to
hind the Utter in the delicate poults of railing nnd
appropriating money I If competent to this', what
legislative power tan be more faj:ed, more oui of its
reach ?
Let me now ask (and a very solemn question it
is, especially for thole who are bound by oath to
fiipport the constitution.) Has it not b:en de
moiiltrated that the provilions in the treaty arc* jnf
tihed by the true and manifelt interpretation of the
Conftitution.—aie lanftioned by the praftiee upon
a similar power under the confederation, and by
the praftiee in other inltances tinder the present
government ?
If this has been demonftratid, what fliall we
think of the candor and Pincerity ot the objection!
which have been erected on the bafss of a contrary
supposition ? Do they not (ineqiiivocally prove thai
the adversaries of the tteaty have been refalved to
discredit by every artifice they could invent ? that
they have not had truth for their jjuide, and conse
quently are very unfit guides for the public opin
ion, very unfafe guardiaus of the public welfare ?
It is really painful and to observe fe
phifms so nr.ifeiable as those which queflion the
conftitutionility of the treaty retailed to an c.i
!i-rhtened people, and infilled upon wWi so inucii
feiming fervency and earnellnefs—lt is iirpofiible
not to bellow on fenfiblt men who aft this part the
imputation of hypocrisy-—The absurdity of the
doftrineis too gls to permit even charity i'.felf
to iup*pofe it linctre—lf it were poflible to imagine
ths*: a majority in arty branch of our government,
could betray the Constitution ar.d tiifle'with the
Nation so far as to adopt and aft upon such a d ie-
ine—it would be time to dcfpair of the Re-
public,
There urould b« r,o fecurtty at Home, no "Vrf
pe&abiiity abroad. Ourconlliiationalchartei would
become a dead letter. The organ of «ur govern
ment for foreign affairs would-be treated with deri
sion when ever he Ihou'.d hereafter talk of ucgutia-
tion or treaty. May the great ruler of nations a
veit from our country so grievous a calamity !
■(• It is very probable that a treaty with Algiers
is now on its way to the United States, which may
be expected to contain similar stipulations vyith that
with Morocco—This treaty, which will have colt
the United States no trifling sum, and will be of
very great valuf to our trade, mult equally fall, on
the dodtrine which I oppose.
CONGRESS.
H6USE of REPRESENTATIVES.
Monday, January 11.
The eogrofled bill for eltablifliing trading houfrs
with the Indians, was recommitted to a Commit
tee of the whole Houfefo'r to-morrow.
Mr. Swanwick called up the petition of Joseph
Brevar, which being read was, with the accompa
nying vouchers, referred to the Committee of
C]aims-«-as was, another petition on motion of the
fame member.
A memorial was read from sundry manufa&urers
of Snuff ifl Massachusetts, complaining of the un
equal operation of the Duty on'Snuif Mortars, as
it eifefts the small manufefturer's, and praying ie
lief. On motion of Mr. Goodhue, referred to the
Committee of Commerce and Manufa&ures.
A petition of Catherine Lowry was read and re
ferred to the Committee of Claims.
A further report wasread fiora the Committee
of Claims on three petitions; this report is againlt
the petitions rcfpeftively.
Mr. Giles called up the resolution relative to
the officers of the Treasury being inftrixfted to lay
before the Houfca ftaiement of the balances due to
the officers and soldiers of the late army and navy
for peifonal services, See. The refutation wastheß
read. On motion of Mr. Gilss referred to the
Committee of Claims with inftruilions to enquiry
and report thereon.
Mr. W. Smith—Referring to the law for
building thefiigates, recited the last Section which
direfis that the PreGdent in cafe of a peace with
Algiers, {hall ceafeall further proceedings in ref
pe£t to conftru&iag the said frigates. He observ
ed that there was the greatest probability that a
peace was concluded with that pwwer, this appear
ed not only from the Prefidtnt's speech, but frotr.
f
t
tl'
■<
t
9
CAMILI.US,