P.ickeiis's New Amphitheatre, CHESNI' r-STREET. TO-MORROW EVENING, Saturday, the icth February, Will be exhibited, AJlonishing Feats of Horsemanship, By Mr. Uicketts, Mr. F. Ricketts, Mrs. SPTNACtITA, Mr. Langley, and Mr. Sully, Clown to the Horfs maufnip. Mr. Ricketts will ride (landing, and take several SURPRISING LEAPS * OVER. A FIVE P. 4R GATE, ■ With a number of oth?r different manraavres, See. Mr. Sully will go'through his Comic Feats on Foot and Horseback. [With a great ya-ie{y of other performances, particu lars to morrow.] The Evening's Amusement to conclude with RICKETTS'S NEW PANTOMIMt, The Triumph of Virtue' OR, HARLEQUIN IN PHILADELPHIA^ >+ The Doors ill future to be opened at FIVE and the Entertainment to begin at SIX o'clock. *% * Boxes, one dollar—Pit, half a dollar. £¥ Those Gentlemen who intend to take places for the Boxes, are desired to fend in time. There are a numbe. of Stoves placed in the Amphi theatre which render it perfc.flly comfortable. The President's Birth Day. MONDAY, the lid injlant, be'l/lg the Prejident's Birth I)'-;, the Ojjicers'of the Firji Divijian of the Militia of Penifylvxtia are revtejled lo tree! at the St.'.ie Hcuje, precifdy at TWELVE a flock, from tvhenre they -willproceed-to the Prefident* s, to congratulate him on the return of the Day; and demontlrate their fatisfiflion on bis commencing another yeas if exertion for the H *inefs of their Country. Such Members of the Cincinnati, or Officers of the Army as may be in town on that day , are ie* qutfied to join in the proeeffion. W. STEWART, Mrjor-G:neral. Phila/ielphia, February 13, 1796, Notes, Wanted. Messrs, morris & nicholson's notes, for which valuable and well filuated Lots in the City of Wa/hpigion, will be given. THOMAS NOBLE. February. 8. rJ.pnraim Clark, CLOCK tff WATCH MAKER, PHILADELPHIA, Has received by the different arrivals, A VERY LARGE AND ITXTENSIVE ASSORTMENT OF Gold, Silver, and Metal Watches; ALSO, A GENERAL SUPPLY OF TOOLS, FILES, AND MATERIALS ; CONSISTING OF Japans'd Clock Faces; Eight da;-, and thirty hour brass; flit pinions and forged work; large and faiail bells; time piece and watch ghiTes; fprisgs; large and frnail flakes and beek irons ; ditto haimiters; large and small bench vices, a nd hand vices; Aiding tongs and pliers; screw plates; round, oval, and square draw plates; (hears; blow pipes; emery ; rotten stone ; pamice stone; cruci bles ; cat gut, and 30 hour lir.es; an elegant aflortment of ladies and gentlemens' steel and g'lt chains, silk firings, gilt and steel seals andkeys. All orders from the Country carefully attended to; February 11. tu&f atop, and take Notice, As the undermentioned paragraph will be found well worth your attention —such indeed has never been offered to the Public. The Subscriber, jujl from London, Has brought by the Ihip Favourite, four thou and pounds woith of Plated Goods, Silver Plate, "Jewellery, &c. and a fiiv WATCHES, WHICH he will fell for little more than half the price thar such ar tides ar~ fold tor in this country. A pair of the be ft plated carrdlefticks, that are generally fold for 16 dollar®, will be fold for dollars; and every other arti cle in the like proportion; such as waiters, bread baskets, tea and coffee urns, tea ana coffee pots and biggins, tea caddies and {Jrellt, milk pots, fu'gar and cream basons, dish rrofles with lamps, difii rings with ditto, toafl trays, c ndlellicks of various patterns and sizes, branches to match, cruit frames, liquor ditto, wine'and water ditto, e££ flands, butter boats, sauce turosns, fifti knives, ink ftynds, wine (trainers, wax jack*, salts, goblets, and eve ry other plated article that is made at Sheffield, and of the latest fafhion; and will be open for SALE, this vwek (only) wholesale apd retail, at Ma lame Andre's, south T.hird-ftreet, third house from Market-street. The Jewellery will be open for sale on Monday and will continue one week (only) such as ear rings and drops of plain gold, cornelians, and let with pearls, neck laces to match, neck.chains, lockets of plain gold with fine paintings, some set with diamonds and pearls, ladies* and gsntlemens* rings of every kind, ladies' aid gentlemens' wat.h chains, keys, feais and trinkets, and various other articles, a/il of gold, and the latcft falhipn from London. The Public will not think the above mentioned strange when 1 inform them, that the definitive war that En gland is engaged in, has reduced the Manufacturers to this necessity of railing money. Feb co, § The PLATED GOODS will be open again tuis day—which, together with the JEWELLERY, and a friull box»of CUTLERY, will continus open this week (bnly.) ROBERT HENDERSON. Febpuiry rS. § To the Public. r Miniature Painter from Paris begs lesve to L inform the puhiic, that his hours oF attendance for the future will he frcnr» 8 o'clock in the morming unremittingly until three in the afternoon. 2d v£ February 1796 V WT, PUBLISHED, i. iß,Market.ftieei, [Price Three Dollars, in Boards] THE Remembrancer. American IN THREE VOLUMES. & This WORK, contains the whol** of the ElTays nn dt r tne. iicrnatures of Cato y *¥trricola y CnmilTus, 6i-ma y Decius, Federally Altieus, 'TuUv y Cfh/mbrtt, v th an exeenfive variety of other P.lfays—Likewife the #Hi«F part of the Rtfi'vs and Proc throughout the United States, on the i'ubjeil oi the treat?. benruirv 2. Mr. Walter Robertfon BEGS leave to acquaint tl Gentlcnun, l'ubfcribers to the . iiit Portrait ot 0 Waftington, Prefidsnt of the Unit-d Statcsof Air .vca, engraved by Mr. Fi.ld, f r om an original p : p. Ited by W. 'Robertfon", that the Proofs arc ready for delivt rv to the fubfr.rib ers.at John Ba'ra)-t'f. No 19 north Ninth-Crest ; «r at J Ormrod's, hookfeller, No. 41, Chefnut-ftrect, where the subscribers art i:<jueited to fend their address. O&dber ly.. eod. called, No. a, North fifth flreet d CcdTit State of Nr\'/-York, Arguments in the Supreme Court in the late Janu nry term, Argument of Mr. JUSTICE BENSON. The Psople, verp's fofepb IVebb, ) otherivife called JoJiab Stiles. 5 BY a llatute, c£ this Jiate, paSid the 7th Feb. 1788, it is among ot,hv things, cna&cd, " that it any person (hall utter or publilh as true a forged promifloiy note for the payment of .money, know ing the fame to be forged every fueh Person being thereof convidted itcotdiirg to.l he tiue cour(e ot law (hall be deemed guilt v of felony and shall fuf fer death a3 a Felon"—The defendant whs in Ap«rl term 1794 convicted on an indictment for a felony on the clanfe of the ft a lute here cited : but the forgery being a forgery of a note made by the Pre sident, diredtors and company of the bank, ui the United Swttes, a corporation created by a llatute of the United S:ates, and thereby enabled to make promitTory notes for the payment of money, the fol lowing questions have thereupon occurred, lit, Is not the fact chatged againlt the defendant " An offence againlt the United States," as it is expres sed in the Conllftution of the United States, Art. 2, Sect. 3. «r doth it not conllitute "a cafe to which the judicial power of the Unite! States doth extend as arising under their laws," as it is exprcfied Art. 3. Sedl. 2. If so then secondly, hath a Rate Court jurifjicUon in the cafe :—On these queflions judgment the defendant hath been (tawed hitherto. Thflife cjnellions when examined will discover themselves to be very important, and as th<re will therefore be a proportionable refpuafibility for the judicial opinions refpeftingylhero I have-from that consider at ion been induced to commit the reasons or principles, of that opinion which I (hall gite, to writing in the form of an argument. Although the questions 33 Hated art supposed to be dillinft and iildejjei dent ; they however appear to me to be inseparable, and that the affirmative of either of them, neccffa.il/ involves the negative of the other; and fa I dial) consider them, and I (hall endeavor to be as concise a3 perspicuity and con clufivenefs will permit. By the c«ndilution of the United States, in re ference to the prtlent queflions, it is implied . I ft, that every aft punishable as a public offence, how ever complex it may be, is to conltitute a cafe not partible, in refpeft to jurifdiftion, b'tween the United States, and the llate within which such 3ft may have taken place. Suppofin* A. kill* B. sup posing that further lie burns the honfe of B. If A. when he killed B. was in open rebellion againll the United States, and if he killed him by refilling him when lawfully attempting to fupprels the rebellion, and if he burnt the botj-fe wilh intent thereby to deter others from attempting to fwpprefs the rebel lion, the killing and burning would thtn be ad judged malicious, and consequently be refpeftivsly muixler and arfou ; but being combined with the aft of rebellion, they do, together with it, become a complex aft configuring a cafe of the offence of treason " in levying- war agaidfl the United Slates" —It is not eafv,perhaps not poflible, to conceive an instance, as it were in the sonverfe, exemplifying a simple aft, a less offence and existing as Inch an of fence againll the United States, but being combi ned with another aft, a greater offence, becoming thereby an inseparable part of a complex aft con sulting an offence agairnt the llate—the reason, as 1 perceive the fubjeft is, that every simple aft, in itfelf criminal lo as to be punishable by law, will be considered an offence against the slate of course, and will become an offence against the United State., in consequence only of a circumllaace which may happen to be attached tq it ; and although a simple aft, may, by reaion of a circumflance be an offence againlt the United States yet it may, by being fur ther combined with another aft, then become an inseparable pait of a complex aft conllituting a cafe of an offence of a greater degree and as such an of fence against the state—The circumftanct by whi«S an aft, otherwise exillitig as an offence against the (late, m3y become an offence against the United States, may, or may not, so affect the aft as to ren der it more offenfive—To explain what 1 here mean —If A a {faults B, it is an offence against the slate ; but if s B, when afTaulied was an ofiicsr of the Uni ted States and in the execution of his office, this is a mere circumflance, and in this inllance a circum flance of aggravation and the stfault, Yo rircmil ftanced, is an offence osjainft the United States— If A not only aflau'ts B so being in the execution of his office, but if further he muiders him, then the assault by such further combination becomes an inseparable part of a greater offence and an offence againfi the state. The aft charged sgainlt the de fendant, in the cafe now before the court, i3as will be more particularly Hated a cheat ; the aitful de vice, or the mean used, was a forgery of a note of a corporation created by the United States; this is a mere circumflance and not of the aft would have been equally aggravated if the mean used had been a forgery of 3 note of a corporation created by the slate, or even of a note of an indivi dnal natnral person ; but by this circumflance, the simple aft of the becomes an offence againfi the United States. 2dly. That \he ftime Jtmple a<S cannot be an of fence ajgainft the United States, and aifo an of fence againtt the Hate, so ?s to be punishable by both. 3dly. That the a&s. of State Officers, in the cognizance of cases again ft t lie United States, are to be deemed coram non Judice, and therefore void as nullities, and la vice •verft as to the a&s of the United States officers in cases of offences against the Hate—What the confequenc.es of such acts may tje, if any aieto ensue, to the agents, In cases of conviction and punilhrnent, it not bein<j neceflary for me on tiie prelent occslion, I therefore forbear here to examine, much less to decide, and I only m-ntion, that i: does not appear to me certain, that the rule, that where the court hath genera! crimi nal jnrifdiclion, the mere error of the judge will not fubjed him or any ether of the agents to be questioned, either criminally at the fait of the pub lic, or civilly at the suit of the party aggrieved by the error, will av::il them for their indemnity—» United Slates court and a ftaur court, way ea-ii of lliem h»ve general cri.Btßiil i; v ithiUtiding be for id diifijult not to fuppole, that tiic-y are refpe£t:vely to be i:m:ted, the former "to offences ag.iinlt the United States) and the Litter to offen.-es againil the Slate. The ft.- three' fcv'eral matters are necefTi.ily irn plied in the constitution of the United S'ates, a:.d so evidently so as not to require lo he demuntfrate ! ; for it mult be difcenied, that unlets they arc admit ted it will follow—that a person m;y be tried and may be acquitted, or being convi&ed may be par doned or punished, for the IctTer offence eompiifed in the complex a&, and be afterward* put in jeo pardy for the great-r offence, and so vice versa if firll tried for the greater offence ; and tlvht a per son may in lik.e manner after acquittal, or after convr&ion and pardon or punishment be again pat in jeopardy for the fame simple offenfive ait. 1 now (late, id, 'That the fa£t charged againfl the defendant I being " the defending of another by means of an artful devise, contrary to the plain rules of com tpon honelty," conttitutes a cheat, an offence at common law, of the chtfs denominated m\j\L j mea tiers, punishable in the difereiion of the com ~ as that discretion is now understood to be defined.— The common law, here intended, is such parts of the common law of England as formed a part of the law of the calony of N.ew-Yorjt uii the 19111 day of April 1775, and declared by the coiUlitu tioii of this Hate " to be part of the laws thereof,' the common law intended in the gth article of the amendments propefed by Congress toilie Con ((itution of the United Stakes, and the principles and ufagesof law referred to by the United States in the Statute for cltabHlhing their judicial courts, and si- recognized as forming a part of the laws of the United States; tliofe parts »f the common law of England which now form a part ot the laws of this date, and the common law intended in the amendment to the conftitntion of the United States, and the usages and principles of law refer red to in theftaiuleof the United States, are to every purpose of the prefeot enquiry the fime. 2flly. That in every cafe where the United States have jurifdi&ion, and in every cafe where the state hath jurifdi&ioß, their tefpe&ive legifljtures may ena£t, that the offence, then exiiling as mifdamea nor at common law, (hall thereafter be a Felony, and may make any other statute or provifiuii re fpefling it, which their refpc&ive conflitutioni will permit. 3uly. That neither the United States nor the state, cart evei, by force of their own refpedlive ttatutes, derive to themfelvcs, the one as againjl the other jtirifdi£Hon in any cafe : and therefore if either of them (hould enadl that an offence against the other, and then cxifting as a misdemeanor at common law, (hould therealter be a rirlony, such other would not be elivefled of, or in any manner be afFected in its jurifdiition of the of fence. Uniefs thoYe matters are also admitted, then the refpeftive jurifdie.tions of the United States, and of the state do not reft on fixed conllitutional fun damentals, but may -vary according to the volitions of the legiflatute of the United States, or of the legiflatuie us the State—then the like offences a gainst the United States may be punifhtd by differ ent laws when committed in different States, and then the United States, f'r obedience to thiir laws arid government, may be made to depend on the Hate, and there may be a similar dependence of the lUte on the United States: but if what is here prrmifed is true, and it being certain that the U. States have a light to make a ftatutc piovifion re fjpt&ing the fraudulently uttering or publishing a forged note of the Bank of the United States, the offence charged again!! the defendant, then the jurifdidlion is to be adjudged precisely as it would have been if there had been no statute provision by the state refpecling the offence, and the next, as it would fecm immediately neccflary, inference, would be the affii mauve of the firft, and with it the ne gative of the fec»nd question, stated in the prefeni cafe. Here, then, I might in (Iriftnefs conclude the argument ; 1 will, notwithllanding, farther observe, that on the theory of the Conflituiion, it mult be intended that there are rules, either expressed or to be difejvered by juli leafoning, by which every cafe or qtieilion ot interfering jurifdiftion, between the United States and the State, can be decided; for to suppose there are to be two diftinft indepen dent jurifdiftions, and to suppose at the fame time that they cannot always be diflinguiftied and sepa rated from each other, is irreConcileable j it is however to be apprehended, that this intent of the Constitution is only very limitedly practi cable. In refererce to this matter it is to be noticed, that in the course of this argument I have attempt ed ditlinftions between an offence aseonfifting in a Ample aft and as confiding in a complex aft, be tween an offence as confiding in a complex act, and ns coniilliiij* in an aft more complex, the ef fect of an inereaied combination ; and between an offence as confiding in an aft unattended and as confuting in an aft attended with a circumstance. Supposing these diftindtions piopei as the ground — work for rules in certain cases, let-us now pur sue them in some of the conferences, at lead ap parently so, which mult arise from the application of them to the reipcftive cases. If A aflault B it is a breach of the peace of the (late ; but if B when assaulted was an officer of the United States in the execution of Ilia office, this is a mere cir cumdance by which the otfenfivenefs'of the aflault is only aggravated, but the funpie .ft of the as sault thereby becomes an offence against the Unit ed States ; and -if A fhonid be tried in the {late court for the aflault and if it ihoiild be proved a gainst him,* and if the circumflanee of aggrava tion should also be proved, then by the rule it would seem that he ought to be acquitiej, the cafe appearing frem the proofs to be of L'ailed i States jurifdiftiou—if he Ihuuld tUen be indicted in a United States' court for the aflault with the i circumllancc of aggravation charged in the in- J diftment, and which for an obvious reason would there be r.eceffaiy and if the jury should find op- 1 lytheaflault but not thecircutmtmoe f »fr»tavH ' ion, then by p:iuty of rule it wuti <(1 lecm he also thtre to b acquitted, at ri ihei ■. fore thei«r was iu 1 t ;;cw. of the ' 'uh ;'ivcn i» both jun.s, yel bccaufe the lait j, ly übrt.eij from ; lie fir it in judging of thr proofs of tbcor ctimilance of aggravation he would remain wi jl ly unpuuiAied for tire sifTault ; IS thnt the iu!e, when applied in the inllances here put, nv v uro dlU'C one o> the other of iliefc unfit oxiUquc <cri, an impunity ol the offender o a :iiou Irom that ahfelute an) iiuitcj indepe-ic nce'iif h other, which uiuii be foppofed to lurHfli .is to i!,e United State- an 1 tie iiair, i\ fn .'n-. civ in repaid t® the execution of theii iawt,, andtuc vitidua. ion and nun tc;i •cot i cuJ aut hv'fi - u-t . » diftmdt governments ; to which irmv be jd r 'c<! a general remark, l ui^itU-tving pciuliai nuiieij I hat as the fame, offenlive uCt m,iy by beirtt; atten j- Ed with a (ircumltaiute of aggravation lender it more neccflary for the llate that tii«- k Sender flioti'd be jjuiiifhcd, rhc fame caiifs may p „ nt aw incompetency in the.ttate l" puiriAa iij in like manner equally with refpecl to-the Unit I Siw.c* and to tlie Hate where an act becomes ijiwie live by being < omSir.ed with other f.tts—Toilluf. tratc this—lt is t.oceiTsry fur the ft.it. - that A llicsld be ptinifhe.l for the afTault, that i/ic perlon ailaul:- ed waj a public officer in the execution us his us. fie* made (lilt wor; neccffary even fur the'la' .he prefervuiiiin «f its own peace an J good order Bcir.j* thereby ptopcrtKw.abl} endangered, >hat A Vu&u.d be punifiled for the aifan!:, bit by that vt y cir cumttaticc the is diveftid of its right tofun ifii him ; that the afFault may have been, cctribin ed with r.notlrer att an Homicide, and that the combination conftuuted a murder, made it mare necepTary on a limilar principle even for 'he U n'rted States, that A !! ou d be punilhed bat by that very combination they aie divelled of heii to punirti him ; in {hurt it i» scarcely pwft'tble lo limit the number of examples or the extent of argument to prove the want of rules or princi ples for defining or afcenaintn;,' thejurifdi »'on or authority of the United Statvji as well legislative as executive, the latter considered as compnliend ing the judicial trom the jtm'ftliftion or atrthoiity of each ilf the particular (tares and which when extended in their application to cales nnmeious and probable will not terminate in gross and incongruities—lt is well known f have been long occupied in reflexions on this fubjeft : Ihwebeen an anxious and 1 trull an unpirjudiced inquirer af ter the truth, and the refultis a perfuafio.u in my mind that it is not pofiible tt) fiipply the defect, and that the evil, for furtly so it may be teiru ed, the condition of men beinj. even a tnifcrable feivitude whei J e the law is \ague or in.known, 'is acealioned by that ingiedit.nl in the niaAs i) i o in* governmental iuftitutron, iovereignty within f»vcr eiguty. To conclude. Those to whom it is com mitted to declare the law can only, as each cafe conies before them, be afiiduous and uptight in their endeavois to difeover arule by-whiih it may be decided — I have, so as fully to fatisfy my o'wn confeienee anj judgment, discovered a rule by fwhidi the present cafe may be decided. It may be coiledted with e;:le mid certainty frotn what I hsve already said-—1 will lMtwil.hlian4.ilig briefly recapitulate it. It istbat the United States having a right to eflablifli theit bank nmft have as an ii;- dispensable incident the light to provide for itsfe eutity and preserVation which includes the right to legislate refpetting the forgeries of its notes and the right to legislate refpetting it, denotes the of fence charged againlt the defendant, it being an of fence at common law, to be of U;.ited Slates ja rifdiction. The altimale cqnfequtiuc, that ihert fore the Itate hath so jurifdiii-ion of it, is inevi table. My opinion is that the defendant, as to the matters above dated to have been charged and found against him, be rfift hanged from (his court. NEW TiiE/ifߣ. On FklDJ'f EVILNi.\G, February 19,. Will prtfe-Mid, A COMIC OPERA., (written by the author of (he Poor Soldier J called- The Caiiie of Andaiuiia. £Tbe original Overture & Accompaniments, and tompofeJ by Di. Arnold, with Ails by Shield.J Don Scipio, Mr. Franc'-s, Bon Fernando, Mr. ivluijhatl, DoM Csefar, -Mr. Darky, Dun Jujj), Mr. Moms, Den Alplionfo, Mr. Darky, jun. Pedrilio, Mr. Bates, Spado, Mr. IVigncll, Sanguino, Mr. Green, Phiiippo, , Mr. Worrell, jun. Banditti \ Meflrs. Warrell, Mitchell, Robbins, ' I Morgan, Beete, bl.ii'cit, &«t Mrs. tU'arrili, Mi s. Marjhail, Mrs. Baits. Miss IVilkms. Victoria, Lorecza, Ifahcl, Cataliua, End of the Opera, Une Divertiflement Failorale. Composed bv Mcnfs Lege. By Messrs. I.ege, Warrell,'}un. Dodor, J. Warr:U,Dar ley, jur.. AJorgan, Mitchell and Francis. Miss Milbbume, Miss Willems, Mrs. Harvey, Mrs. Bates, Milfc Ro-wfon, Mrs. Do<9or, t'.rs.Lege, He Mrs. De Marque. Tocenclude with u Grund GARLAND DANCE. To -which will be added, A DRAMATIC TRlt L£> in one ait, never jet form ed here) called AS iT SHOULD BE. Lord Megrim, Mr. Fidget, Winworth, Sparkle, Lney, Celia, Mr. Morel un, • Mr. Fraud. I, Mr. Green, 1 Mr. liaruiood. Mils rViiU ,ns y Mrs. Francis. *«* OnSarurday, a Comedy,calledTlleENGLlSH .VEJI4CHANT —witli, for the raft time this ieai'on, Tließurfctta of TOM THUMB. h i The Vublic are rdjjedlfuiiy informed that there will be no perforinance «m,Monday. IP- ; &"• Th<" Public are rci'pectfvliy informed, that the Doors of tie Theatre will open at a quarter ifur FIVE o'. look, aritl the Curtain rift precifcly at „ftcr SIX— U i til further aotict.
Significant historical Pennsylvania newspapers