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.