< Stop, and take Notice, As the u*dermentioned paragraph will be found well worth your attention—such indeed has never been offered to the Public. The Subfcriler, ju/l from London, Has brought by the lhip Favourite, four thouland pounds woith of PlatedGoods,Si'verPlate, Jewellery,&c WHICH he ill fell for little more than half the price that such articles ar. fpld tor in this country. A pair of the best plated candlcftiekf, that are generally fold for 16 dollars, will he fold for 9$ dollars; and every other arti cle in the like proportion; such as waiters, bread jjafkets, te& and coffee urns, tea wis coffee pots and biggins, tea caddies and (liells, milk pots, sugar and cream basons, dif!n:rofTes with lamps, ditl* rings with ditto, toast trays, cundleftick* of various patterns and sizes, branches to match, cruit frames, liquor ditto, wine and water ditto, egg Hands, butter btwts, sauce turo#ns,\fifli knives, ink ft and s, wine strainers, wax jack*, and ev*> , ry other plated article that is made at Sheffield, and of the latest fafhi>n; and will be open for SALE, this w»ek (only) wholesale and retail, at Malame Andre's, south Third-street, third house from Market-street. The Jewellery will be open for falc on Monday next, and will continue one week (only) such as ear and drops of plain gold', cornelians, and set with pearls, neck laces to match, neck chains, lockets of plain gold with fine . paintings, some set with diamonds and pearls, ladies' and gentlemens' ring*of every kind, ladies* and gentlemens* watih chains, keys, seals and trinkets, and various other ar'icjes, all of gfbld, and the latest fafhion from London. The Public will not think the above mentioned llrange when I inform them, that the de/lruittve war that En gland is engaged in* has reduced the Manufacturers to this necessity of raiding money. Feb 10, § The PLATED GOODS will be open again tkis may—which together with the JEWELLERY, a . ROBERT HENDERSON. Febmnry 18. § jrjcujrunALs FOR. PUBLISHING B7 SUBSCRrPTIO SKETC H E *S HISTORY OF THE UNITED STATES, From the peace of 1783, to the termination of the pre font Session of Congress. BT MATHEIV CARET. CONDITIONS. I. This work will he Gomprifed in two or three o&avo volume*, each about 400* pages. 11. The price to fubfcribera will be two dollars per vo lume, handfomelv hound. HI. No money will be required till the volumes are de livered IV. Should any of the disapprove of the , work when complete, they may decline receiving ,t. V. It is expedtcd to be ready for press in the spring of *797 VL *s soon after the above time, as one thousand copies are fubferibei for, th~ printing (hall commence, and (hall beHinifhed as poilible. % VII. Subscriptions received by the Author, No. 118, Market-street, and by the chief Booksellers through out the United States. TO THE PUBLIC. THE objeA of the proposed work, is, to present to public view a conceded series ol the chief events of a per od of American hillory, that does not yield, in im portance, to any period of equal leqfth, in the peaceful annals of any country in the world. D 'firing to excite no expectations but such as he (hall endeavour to fa i-fy the writer is thus early in announ cing, that the body aad confidence of a regular hifloTy, is no? to be looked for in this work: neither,his tale..ts nor his avocations allow him to hope for this. His hum bler talk shall be to sketch out the most prominent sea :i; e*. It o>all be his study to collet and arrange the pjffff niok Htercfting materials—.to smooth the rugged path— IPX tijlcr hands, who by such mean?, will find their la bours abridged* and their progress accelerated. t His chief view will be, to give the Hiflory of the Uni ted States as a confederated Republic. Nevertheless, no tice will be taken of the most remarkable circumstances in the hiilory of the individual States, as far as they can be collected. This information shall be classed under sepa rate appendixes. v The Author solicits the ailifbnce of such Gentlemen rts mfcy be pofleffea of documents calculated to promote the execution of his p ; an. They Jiall be received with due gratitude—carefully prefervetP-and fafely returned. February 9 iawi2t To the Public. THE Miniature Painter from Paris begs leave to inform the public, that his hours of attendance f«n-the future will be froin 8 o'clock in the morming unremittingly until three in the afternoon. No. a, North fifth street. ad of February 1796 Ifcmk of Columbia, FEBRUARY I2tb, 1796. A Late a<£ of the General Assembly making some al teration in th? Charter of the Bank of Columbia (but not to have effect until the confentof the Stockhold ers in the fajd Bank be given at a general meeting, and tranfmittei, under their corporate seal, to the governor and council) being too long for insertion in a newspaper, I .am directed by the President and Directors to notify the Stockholder* of the alteration, as follows: By the original lav/, the Stock of the Bank of Colum bia is to consist of 10,000 (hares of 100 dollars each, to be paid by annual instalments of 10 dollars on each share, except the firit three payments, which arc dire&ed to be made, v and which have accordingly been made, at shorter periods. A failure in making any of the payments re quired by the law, operates a forfeiture of all preceding payments. The late ail provides that the Stockholders may pay ur>, a* loon as they think pr®per, the several instalments j full to become due on their Chares,' or any part thereof— ( but the aggregate amount of the voluntary payments so to be mjde is not to exceed in any one year 100,000 del- ! lars. No forfeiture is hereafter to be incurred by any Stockholder for ni>n payment of any of the remaining in- [ ftalments due on his lhares—and ea*h Stockholder is to | be entitled to receive oi the future dividends in propor- ! '.ion to the sums actually paid by him to the Bank. Thus, it is propoled that each Stockholder shall be at ! iberty to pay up the instalments still remaining unpaid >n his Chares, or not, as may befi suit his convenience I already made, or his share of his future dividends in pro each share, or 400 0c O dollars of the Capital Stock. A meeting of the Stockholders will be held atGeorge rednrs or the year ensuing— and it is presumed by the President and Dire&ors that the question as to the accep tance or region of this late ad of the General Affem * will 31 that time be decided. S. HANS ON, of Sam. jf y O • to be L: ■A N jiegt if He Life •lid \ Jadow. i iiifca • * p\" and a fiw WATCHES, or Tui > A L J£, a term of years, out forty-two acres for a apply to I J-l "ti3 •ii-v' =- •< *<»»»■. ?1.1 State of "Nbw- Argumcntt it the Supreme Court in lie laic Janu ary term. Argument of Mr. JUSTICE HOBART. The People, versus Jojeph IVebb, ) othermft called JoJiah Stiles. 5 IN the term of April, the defendant was tried upon an indictment for felonioufly, know ingly uttering and publishing as irue, a counter feited Proniilfory Note for the payment of money witjf intent to defraud, againlt the form of the Sta tute. Tie proof againfl him was, that he knowingly puffed the note to Ann Gibhtnt, thereby defrauding her. Ha was thereupon convicted : but the note being a nbte of the Bank of the United State*, a mqtion in arrest of judgment was made by the De fendant's counsel, upon the ground that the notes of the Bank ess the United States, weie not with- in the purview of the act of the Hate for preventing andpunching forgery and counterfeiting. Upon hear ing the arguments on this motion, two qu=ltion» occurred to the court, viz. 1 ft. Do the facts proved constitute a cafe to which the judicial power of the United States doth extend, as ariling under the laws of the United States ? It so, then, idly, Hath this court jurifdittion in the cafe ? These questions were argued at the cjpfe of the la ft April term* and it is now with the court to decide upon them. In ord*?r more fully to evince the propriety of the deductions I shall make, it may be neceflary briefly to (late, that by the 2d fetiion of the 3d article of the conllittttion of the United States, it is provid ed, that " the judicial power (hall extend to all cases arising under this confiitution, the laws of the United States, and treaties made or which (hall be made under their authority." Sec. I hat by the " ac\ to eilablifh /he judicial courts of the United States," feft nth, it is emlfced, " That the circuit courts shall have cxclufivc cog nizance of all crimes and offences cognizable under the authority of the United States, except where this aft otherwise provides, or the laws of the U. States shall btherwife direst." That by the " aft to incorporate the subscribers to the Bank of the United States," promiflory notes for the payment of money " iiTued by order of the corporation, and figncd by the President, and countersigned by the principal cashier or trea surer thereof," are recognized, and a mode pointed out by which tl.ey (hall be transferred. But as to the penalty to be infli&ed on persons found guilty of counterfeiting thoTe notes or of knowingly pall ing filch counterfeited notes, or whether such coun terfeiting or puffing (hail be deemed criminal, the Statute is totally silent. ' heft- prcrequifite ohfervations being made, I proceed to enquire, ill. Whether the fadts proved conftitutc an of fence of which a court of lawtwill take judicial no tice ? zd. Whether it is an offence fa ari.'ing under the lqi as to be cognizable under tUe authority of the United States ? I ft. There are two points of view in which the fails proved may be fa id to constitute in offence of which a court of law will take judicial notice. The firft it that relied on by the defendant'* coun sel. The statute having authorized the issuing of promissory notes by the corporation to be signed by the Prelident, and counierfigned by the princi pal cashier or treasurer ; to issue such notes'figned by anyperfon or persons, other than those mcnti oned in ihe statute, is a contempt of the authority by which the statute was made, and punishable as a misdemeanor at common law. It is also an of fence, as being a species «f the erimen fajfi, enme of forgery. I ca!l it a /pedes, because. though ftriftly fpeaklng it is not a fraudulent muling of a writing to (he prejudice of another man's right, yet the uttering and publilhing such a writing as good and true knowing it to have been fraudulent ly r*de, is in the eye of the law an offence equally heinous with the original fraudulent making hence , the actual forger of any writing, and he who knowingly partes the fame, are ronfidered as equally guilty and universally fubjefted to the fame punishment, The second question for examination : 2d. Whether this is an offence so arising under the laws as to be cognizable under the authority of the United States? An offence may be said to arise under a law when it is of such a nature, as, without the exig ence of that law, it could not have been commit ted. When a statute imposes a duty upon an officer ; jh? negligent performance of the ynjoined duty is an offence ariftng under that law. If the corporation of the Bank of the United States had never been erected, no premiffory notes for the payment of money, purporting to be signed by the President, and countersigned by the cashier thereof, would have been made j no counterfeits, in the fimilitHde of ftich non existing notes, could* therefore have appeared. If,.then, the promissory notes for the payment of money, issued by the cor poration of the Bank of the United States, derive their cxillence, either by positive institution, or by implication of law, under the laws the United States, the knowingly pafling their counterfeits, must of necefiity, be an offence, arising also under the laws of the United States. Bitt it is douSted whether the authority of the United States extends to this cafe. It wag Hated, and Teemed much relied upon, by Sy the counsel who agreed ' SeKalf of the W ' i »k ?l~ f ~ °f ' — l»te at- Ito Edward Lord Viscount Cornbuiy, the ihen pi ' thSt the United vernor, in which speaking of the Euglilb laws, the " J \ r 'f'\ ia ' on criminal fay, to which laws, btmg the birth right of Ent W , aS r ar f' ,et, > 'l ,at as the powers liftmen this afTembly humbly lays a just claiir ;d extending only to parti-: [Journal of tfce general afTemfely of New-Yorl f.°7 r3 . . ' hf J" d '™ r Y could page 188] It is obfervaUe that but a small p,o c the United States lifh pauntage. a carefnl examination of the different part* M - Hmilar the diff and a critical attention the cnt « .. torney-ge Stales hat mattert. «( €}«i ftitution of of the con ftitution. meaning of the words made ufeef, I atn perfu.vled lhall lind that tile legislative and judicial powers us the United States are derived ficra very differ ent sources : As in Art. I» fee. I. it is declared that all legiflativi powers therein granted shall b( vefteJ in a Congress of the United States. In the Kih fee. we find the grant, made by proper and apt word? " the Congress Jhall have Power to lay and coiled taxes, duties" kc. pointing out the fcveral fuhjefls on which they should legifiate ; and as if this were not enough, to evince that the legislature Jvas completely the creature of the constitution, re ftraints are laid upon it by the 9th fee. and several fubjedts are there enumerated on which the Cou £ref» (hall not pass laws. So with refpett to th« executive by the I fee. or the I I Art. " The ex ecutive power (hail be verted in a president of the United States." By the 2d fee. "The President, Jha.ll be commander in chief of the army and navy of the United Slates, and of the militia of the se veral States when called into the aelual ferviec of the United States, lie shall have power by and with the advice and corifent of the senate to make treaties &c." ; and in the 3d fee. the duties which he fliall perform are enumerated. ' 'OtK, Thence it appears, e.i vi termtnsrum by the mean ing of the terms, that all the powers of the Con grefi and the President are derived from a.id held under, the conftitutioa. Wiih refptrft to the judicial power tlVe fame word is used in tlrecourts, as ift ettablifhing Congress and a Piefident. Art. $d, sep. I, the judicial power of the United States, shall it vrjled in one Supreme court, and in fucli infciioi courij as the Congrels may from time to time ordain and ef tablifh.*' Had the constitution flopped here these courts would have had a jurifdiftion and they muit have proceeded in the excrcife thereof aceording to the.course of the common law of England and ac cording to that only, as I shall presently But fume cases occurred to which a common law juris didion was incompetent and others might aiife in which it might he advancire of juft'ce that the courts of the United States should have concur rent yurifdi&ion with the State courts Therefore by the 2nd fee. The judicial power dial] extend •' to all cases in law and equity, arising under this constitution, the laws of the United States and treaties made, or which (hall be made, under their authority." The judicial power (veil ed in one supreme, other inferior courts) yW/ extend—nur that these courts shall have power to hear and determine, or (hall have cognizance, of all cases, as would naturally have been the ex predion and which is the exprelfion, where the intention is to give and grant powers, as in the cafe of the Con grefsand the Prelident, but it (hall extend toall ca ses in law and equity, thereby fwperadding an equi table to the common law jurifdifiion, with which by the law of the land it wis invented eo trjlanlia at the moment of its institution : It (hall also ex tend to all cases affecting » Ambassadors, other public miniftcrs a#d consuls—to all cases of Admi ralty or maritime jurisdiction, to controversies to which the United States (hall be a party; to con Poverties between two or more States, between a (late and a citizen of another (tare, between the ci tizens of different states, between citizens of the fame state claiming lands under grants of different states and between a state or the citizens thereof, and foreign States citizens or fubjefts." Thus " extending or enlarging the jurifdiaion of the court of the United States, so us to comprehend a great variety of cases and comroverfies, which in other nations are generally divided among diftinft, and in a great measure independent judicatures, each governed by different rules,and proceeding ac cording to a different course of law. Unless this, be the true conftru&ion of the feftion, I confefs I am unable to account for the change,in the mode of expreffipn which had been used in the two prece ding articles ; there, where the fame idea isintend ed to be conveyed to the mind in both cases, the very fame words are used : and it is a reasonable, I believe 1 may venture to fay, a necessary preempti on, that if the fame idea was intended to be con, veyed the fame words also would have been used. In an inllcument of such solemnity and im portance as is the constitution of the United States, when a form of expression is fi*ed upon to convey the meaning of the framers on a par ticular occasion, the fame form ought to be used on every fimilaroc cafion that occurs throughout the instrument. If is not to be pr-fnmed that the framersof theconfti tution of the United Stales, were either ignorant of this rule or would wantonly depart from it. The cpnclufion, therefore, must be that the provisions in this feCtio* are not extended so much to give pow ers lo the court of the United States in the lirft in It a nee as to enlarge those they already possessed and to give them cognizance in cases and eontro verfies to which their jurifdidion by the courle of the/common law did not extend. I have in pursuing this inveftijratian, federal times taken notice of the common law jurifdiaion of the courts of the United States, as distinguished from that given to them by the cenftit utiorT: it therefore behoves me to (hew by what means they became possessed of it. Our emigrating ancestors brought with them to America the common law of England as their birth right. Their defendants, to the present genera tion have been in the constant habit of considering and claiming it as their birth right also. Nay fu great and beneficial a privilege has this been confi. dered, that we find men, and their dependents who came from the continental ftatej of Europe, who were born out of the allegiance of the King of England, upon becoming fubjett to the crown of The general afTembly of the colony of New-York, on the 9th day of June I 704, presented an address period might Ik- produced : two howcvei »f a re cent date (hall fuin e : the firil, from the rtfolu tions which were citculaitd, as hauag been puffed by '.he house of buvgeslcs of the colony of Vir~ gima [raid to have been introduced iatu the hotifc of by Patrick Henry an eminent lawyer] led the way in the opposition it> the famuits Jlaya3, in the ye:.r 1765 ; " Rcfotvid that the tint adventurers, fettlera of this his'TOajefty's col (Ony an d the dominion of brought wiib them i.id lra»lmitteiT to their poilcrity, „iij all other his rmje'ly's 1 objects li'ior inhatnting in this his majesty's laid colony, all the liberties, p,|vi leges, and immunities ilist ha»c iff z\y time been held, enjoyed and p wlTelfed by the j,e. pie of Great Britain. Tiie fecoi d, from the RISHTS, by the deputies of the twelve colonic*, from New-Homplhire to South Carolina iiicliilive, met in general C.msrrefs m Sept. 1774. Refolvrd N. C. 2 th-it our ancrlti/rs wrere at the time of their emigration from the mother country entitled to all the rigi'ls, liberties, and' /nrmjfttin u[ free ahd natural born fubjidb within the reams of Ene land. " Refo.'ved N. C. 3 that by such etnigratioti they neither forfeited, ftrrcndcKci, nor 101 l any of those rights: " Rtfolved N. C. 5 that the rt?fped toinfure his fafety, by pun if?) mg every offender a gairtt public peace and good order When there fore a court of general jurifdi&ion is inftitutcd ; • it mull proceed according to tiie conrfe of this common law, in the cognizance of offences and trial of offenders. The jurifdiflien of the couit is not derived from its inllitution, but from a high er fouire j S*r Edward Coke, when speaking v f tbejuUices of the court of King's Bench, fays, 4 inlt. 74 " defignatio jufticiarum elt a regt 1 , jurifdiflio vero ordinaria a lege ; and again "jurif diflio illius curiae eft originates feu ordinaria, et noil delegata. [1 he appoint ment of thejuftices is by the king, but their ordinary jurfditfffon is derived from the law. The jurifdi&ion of that cbuit is original or ordinary, and not delegated.] The j«llices of this court have no commission, letters patent, or other means to hold p'eas, &c. but their power is original and ordinary. From what Las been said I infsr that whate*er authority the courts in England, by tbe common law of England, exercifc over offences in Eng land, the fame authority do the courts in the - nited States, by the common lawef England ex tended to the United Staes, csercife e common law. The nature of the jurifdiflion of these two orders of courts ia the fame; the fubjedte of their j'lrtfdtaion are different. The conltitution of the United States has classed the «« cases to which the judicisl powers of the United States shall extend sot whether the offence is created expressly by the statute, or raises under it, by implication of law, is immaterial, provided it be found in the proper class. But if n cafe may rxi.t wherein an offence at common law, must arise under the laws of the U nited States, it will be a strong one to prove that a common law jurifdiftion, in criminal matters, is necessarily incident to the judiciary of the United States. - When a law is made, injoining certain duties, and prohibi' ing the peiformance of.certain acts without declaring the performance of the prohibited aft, or the neglect of the injoined duties criminal ; the ordinary conns having cognizance of criminal matters would undoubtedly consider them as pub lic offences, and punith the offenders as in cases as misdemeanor. If the Congress fliould, by law, eftablirti an of- Tice to be under the direction of a proper officer, with certain duties annexed, without any penalty in calesof negligence or raa! practice j would conceive themfclves clothed with ftifficient power, at common law, to correal the evil, by pit niftiing the officer for any instances of negligent, ar mal-praaice which might occur. This woul< be a cafe rifiag nU r tic laws of the United Stats, and the offence would he capable urJcrt.be aath Ec that m