4* o ■ ! BI R T H-D A T , or THE Sv I' ".ESIDENT OF THE UNITED STATES, 1796. . : !;NCE ! pale envy's ttep profane : i :nce ! foul fa&itm's slanderous tongue, ~l,'nce ! the heart that knows to feign, 1.--ice, the foul that harbooi-s wrong ! /ithia tbefejoyous walls be found, N:> hand that give» the secret wound, Nc» breast where rankling vengeance reigns— j son of malxe venture here, ,> vsice that dares be insincere, Presume to join our raptur'd strains, - - "T7 ' > ■ ashinst-on the notes we raise, I„ t.;rateful millions jioin to'praife x ilis deeds of matchl;fs worth : Vid the loud triumphant lay, - o ceie; £ happy day I'ha. gave Columbia's H«ro birth. J''Uj — Raifc the note of rapture high * Ecno rend yon arch above ! Patriots from the fpqngled (ky Applaud our gratitude ana love. V > Ln ! now, to fancy's eyes Wide hiirfl: yon azure ikies, And from their iiarry thrones sublime, CAwnbta s martyr'd Champion» bend To hail their Leader an£®heir Friend, i'oremofl immortal JVarren l $ seen And he who fell among the (lain On Abram's snow clad plain, And He of Eutaw, long lamented Green, And those of ancient days, The great, the brave, of every clime, Who freedom's legions led, 1 he elder Brulus at their head, And Cincinnatus nob'y great, Who thrice preserved a falling state, All join Columbia's matchless Son to praifr ! For millions, fnatch'd from foreign chains, Dtraand from H' 'n and 1 ' " " -U trom Heav'n and earth the drains, Then swell the loud triumphant lay, To relet) rate the happy day 1 hat gave Columbia's Hero birth. unerus—RaiCe the note of rapture high I Echo rend the arch above ! Patriots from the spangled Iky Applaud our gratitude and love. s III. Ah ! not to all, the grateful meed so merit due, their country paid i JMerfed and forlorn Scipio bow the exily head, No friend to close his languid eyes, His big heart bur'fts.—he falls—he dies.— Amid the gloom of folitnde! Tile wreaths he pluck'd on Zama's plain Where Cafthage bled at every vein, By the rude hands of envy torn, Are blafted,—wither'd—dead Such, such was Roman gratitude » JNot so Columbia's ions behave, They venerate the great, the brave! Their Country fav'd on Trenton's plain, Demands from them the grateful drain, To deeds of daring worth ! Then Iweil the loud triumphant lay, To celebrate the happy day That gave Columbia's Hero birth. Chorus—Raise the note of rapture high ! Echo rend yon arch above J Patriots from the fpsngled Hey Applaud our gratitude and love. I V. When o'er the western mountain's brow Sedition reard her impious head. And Tumult wild his legions led, Serenely great, the Patriot rose. ifet in his brcalt confli&ing throes Of mercy, pity, check'd the impending blow. He view'd them with a father's eye, Dimm'd by thy, tear Humanity ! Reluflant Justice half unfh'eath'd the sword ! "Scar'd at the awful fight Sedition flirunk in realms of night, And Order saw her peaceful reign reftor'd. Her trophies wild ambition brings » o lay them at the thrones of kings, Or deck the blood ft ain'd warrior's brow ! .More r-eal praise the victors gain ("turning from the bloodless plain 1 han all tbofe crimson wreaths can e'er bfflavr. . - country fav-d from discord's reign, Anu Order's sway reftor'd again, Are deeds of public worth j !tn swell theloud triumphant lay, • celebrate the hnppy day i hat gave Columbia\ Hero birth. '-■'■us—- Raise the note of rapture high! Echo rer.d yon arch above ! Patriot!, rrom the {pangled flty Applaed our grati.ude and love; v : '..road Ontario's distant foot*, ir yell «f war is heard no more, i snore the hofti'e banjicus shed ... -mcf on tiie waves beneath j . mart the favajjc warriors lead painted bands to deeds of death ! •. mor» on Afric's scorching sand 'ii- hapless brethren toil in chains ; / soon I Key il f,a;l their native land, I'd litre in peace forget their pains. ■ -;.t Sire of streams fnom where far north, : - Naiads urge their waters forth, : where old Ganges rears his head, A mhia's rising fame (hall fprcad j • ipeiSed by a friendly world, " vi"t'«r her banners are unfurl'dj D L, ON T»* His native lai-J rvflor'i! to peace, Her-fona in wealth and ease, Aie d,e«i» of nob]til worth ! Then swell the loud triumphant lay,, To eflebrate the happy day That gave Columbias hero birth. Chorus— Raise the note of rapture high ! licho rend yon arch above ! ( Patriots-from the spangled sky Applaud our gratitude and ljve, From thi Farmer's Weekly .Museum " Gt thy way, eat thy bread with jov, anil drink thy wine with a merry heart.'' And where :s the fullers moitai, who would re fnfe to obey so pleasant an injunction as this. Com ing too on the authority of Solomon ? However, as this at tirtt view, seems to flatter the indulgence of the passions, and there, fore to pro.eed with an ill grace from a moral teacher, let us look narrowly into Solomon's sys tem, and endeavor that wisdom may be juititicd of her children. In one of the mod intereding and amu'ing jour nals that we find in the bible. Solomon has narra ted to us the hopes and fears, which agitated his buly life. Born a monarch, he could exercise su preme power, and a courtier of the mutes he ae quired the highest wisdom. His city was mag nificent, his lubjeifts loyal, commerce wafted him all that was tare from Sidon, and the decks of I arfhifh ships glittered with the pageantry of its peacocks. In a situation so favorable to enjoy ment, it was natural that he (liould withhold his heart from no joy, and that the luxury of the East (hould excite him to refine on pleasure. From his love of letters, his firft indulgences were of course mental. He conned the pithy sayings of the Oiientals, and fatigued his'faculties with the fcholadic jargon of many a Rabbi. But soon dis covering that he was diredling his thoughts through a trackless maze, that if such abftrafe disquisitions were too eagerly pursued, wisdom would turn in lo fully and too much learning make him mad, he refolded to descend from the pinnacle of fpecula tior, Snd mix with men in the Kighwayof life.— We then hear of his agricultural experiments, the cares of a numerous houfehwuld, and his public works. Through the dudy defarts of Palestine, he probably conveyed didant water to thirdy fubje£ts and overarched the brook Cedron with numerous bridges. But the redlefs Prince, when the labors of the day were pad, and lie communed with his own heart in the inner chamber of the palace found, in reflexion's sober hour, that this was a fort travail anjl vexation of spirit. At length, after numerous experiments on happiness. he drew a for ma! comparison between the various situations in life. After dating the accompt of human hope and disappointment, with clerical accuracy, that Folly has a funeral splendid as that of the wife, that the goods of fortune are perilliable, and thj' attained by mdudry may probably descend to an idler, that the reign of novelty was pad, and every objedl wore the uniform offamenefs, he concludes, I think philofophicaliy, by arguing agai.nft anx iety and enjoining a moderate participation of fcf tal joys. From various paflages, interspersed throughout the -volume of our belief, I am persuaded that Chris tianity was dellgned to be a cheerful system. Mif-. erable was the pcrverfion of its precepts by those in early time, who believed that none could prove fiucere votaries, but the moping and the atiftere.—— It is wonderful that primitive piety, who must be supposed to hold the bible conltantly in her hand, ftiould not discern the numerous texts enjoined to fandhfy tlic moderate use of the good things of this world. Not to be too anxious, and to rejoice evermore, are particular precepts of the New Tefta meot. 1 hope I (hall not be accnfed of thinking like certain philafjphers of the fed* oii the Epicu" reans,, when 1 frankly acknowledge that 1 can fee no reason to forbid the ftraiteft of our religion, eating a dinner with fweel herbs instead of the til ler ones of the pafTover. Should such a feaft of joy provoke third, I {hall not deem it an infraflion of gospel rules; to indulge him with a little ivine. The vineyards of Engtddi are no more, but thofu of France remain, ind if a Jewifii lawgiver cctlld " tie his colt to the vine, and dip bis mantle in the bltodof the grape," why may not the sober glass be tinged, and why were grapes given us, unless to be •crushed ? Th« LAY PREACHER. LOUISVILLE (GEORGIA) HOUSE OF R.EPRESEXTATIV.ES. January 15. Refolded, That a committee, confiding of nine members be tppointed to examine and report to this honfe refjie&ing the conllitulionaKty and vali dity of an a& of the lad General AlTembly, enti tled " A" adt supplementary to an aft, entitled " An att for impropriating a part of the unlocated territory of this {late for the payment of the late slate troops and for other purposes therein menti oned ; declaring the right of this ft»te to the unap. propriated territory thereof; for the protection and support of the frontiers of this state ; and for other purposes wfco shall have power to call for such persons, paper*, and document, as maybe likely to give information relative thereto ; and this hotife will provide for the expences which may b - incur red by their committee in discharge of this duty, Resolved, liiat the petitions, remonstrances, and pre.enlmeuts, addrefiedto the late convention, and the prefer! legislature, on that fubjefl, be refeired, that the house do ballot for the appointment of the committee. 1 he ballots were taken, and being exa mined it appeared that the greatest number of rotes was in favour of Mr. James Jackson," Mr. Few, Mr. James Jones, Mr. Mitchell, Mr. Rotherforil, Mr. Emanuel, Mr. Frazier, Mr. John Moore, and Mr. Franklin. ' Friday, January 22. Mi. James Jacklon, from the committee to whem was referred the consideration of the constitution ality and validity of a certain a& of the last session «t the Legiflatuce pafled at Augulla day of Jan 11 ry, 1795, and div.-rs petitions prefer red to I,he late convention, and to the pielem L<*» ■ gifla; iii'e, touchjng the aft for appropriating a pait of the weileta tzniujry of this (late, made a icport, which being read was agreed to by the houie, ,ind is as follows, to wit : The cAmaiiitce to whom the confederation of the conftltutionalitv and validity of a certain adt of the last feffiou of the legislature, pafletl at Atigafta, on the 7;h day of 179J, entitled "Auadt for appropriating a part of the unlocated territory of this Itato for the payment of the late Itate troops, &c " as well the various petitions and remonstran ces of the good people of this (late against tie lad all, presented to the late convention and present le gislature, were referred, leport, that they hud the fame under tTieir serious consideration and lament that they are compelled to declare, that the fraud, corruption and coHuHon by which the said a£t was obtained, and the Ortconftit uuonality of the fame evincpsthe utmofi depravity in the majority of the Lit legislature. It appears to your committee that private interell has Been alone consulted ; that the lights of po{levity were bartered by the said aft ; that by it the equal mounds of rights were broken down, and the principles of aristocracy cHatalifhed in their (lead. i he cotnmittce, whilst they thus will) (hame and confufion, acknowledge that fucli a legislature in truded with the rights of ihcir couiUtucnts, did ex ill in Georgia, carnot hoivever forbear to congra tulate tiie present legislature and the community tit large, that there are ftifficient grounds as well with refpeit to the unconditmionality of the act, as from the teflimoiiy befoie the committee of the fr.iud pra£lifcd to obtain it to pronounce that the fjms is a nulhty of itfelf and not binding or obligatory on the peopleof this fta!e ; and they flatter themfclvcs that a declaration to the purport bv a legiflalirc adt, will check that rapacious and avareious fpnit of speculation which has in this Hate, ovirk-aucd all decent bounds, and which if it were to continue, would totally annihilate morality ,and good iu'.th from among the citizens of this (late. 1 he committee, for this purpofy,*l>eg leave to report " an af the United States, knowing them to be fallc, &ci and whether thejudgment confequtnt 011 such con viction, {hall be arretted, is now the queflion for the decision of this court—and surely a more im portant and intereftlng one cannot be conceived, contemplating it either as involving the powers of this tribunal, or affecting the dearest interests of two unfortunate fellow citizens:—Hence fcveral argumentsbave been deemed necefiary as new points have arisen, and a confidcrale period of time has been devoted to a ftiift examination of the fubjeft under 311 its various aloeils. In support of the motion in behalf of the prison ers, two points have been principally relied on. lft. T hat this is nut an ojfehce within the aft of the Legislature of this Hate, for preventing and punishing forgery and counterfeiting. And, id. I hat it is not an offence within the juris diction of this court. The firft was grounded principally on the ter»is of the notes forged, which were made payable to the older of Thomas Russell, of Boiion, but was apparently abandoned 011 the lafl: argument, npon the principle that the custom of merchants admit 6 of no di(tin£lion between a,i>ill made pvvaLle to the order of such an one, or, to such an one or order. Reding the relir.quifliment on this alone, I fliould still think it worth enquiry, how far such cuftflhi ought to be regarded in the conftruftion of an aft io highly penal, were it not that a recurrence to the aft itfelf, renders such enquiry useless, it thence appearing, that the offence as charged, falls not only within its its spirit and intention, but also within its precise terms ; which are general, com prehending every species of pro mi (Tory note, for payment of Money, without qualification of any kind. The second, and perhaps more important point is, that which relatestothejurifdiftion of this court. That it once had jurifdi&ion is not denied : but it is contended that it hath 101 l it by force of the 2d. feftion of the 3d article of the conftitation of the general govsrnment, inconjunftion wiih the nth feftion of the aft of Congress ellablifhing its judici al courts. Judicial power is an eflTential of government. The fir ft feftion of the article mentioned, recog nizes that of the United States, and vests it in cer tain courts. The second feftion limits, in my con ception, its operation to objects of certain ard precise defcript ions. Its terms are, the■ judicialpow er JJjall extend to all cases in laiv and eqn'jty arising Under this conjlitution, the laws of the United States and treaties made &c. and those of the aft referred to, give exclusive cognizance to the circuit coutis, of all crimes and offences, cognizable under the au thority of the United States, except where other wise provided ip.c. ft mull be admitted that there is no aft of crtn grefs, nor any article in the conftitutiou of the na tional government, expressly constituting the (aft, of which the prisoners Sand epitvi&ed, a crime : we are therefore to consider it independent of any counsel infupport of the motion, vi«. «is ;i-'. !>y implication at common law agstntl the adt i, corporatiug the bank of the United Stat.s. 'The, reaf'iniiig is, lit. That the right given to issue notes is again; the rule of the common law. 2d. That a Uauite introducing a uew law, im] plies a negative of every thing not withrti iis pe> view. jd. That the penniflion to ifTne notes is there fore an implied prohibition to all, other ik;n '.hutc to whom it is granted—and, 4th. Titai the violation ot a prohibition fta.ute annexing no penalty, isf.;iiiiii;a : i!e of c-j/nmon J att . as a con tempi agamit the ita;u.c. The foundneis of these principles I (hall not con. trovert. Admitting them just, the following tinns rcfult from their applications to the calift uu. der confideratian. ill. Have the judicial courts of the United Statei cognizance of offences at common law. id. Arc the above principles well applkd 111 the present inliancc ? And. 3d. Is the juriJdijttion of tiie judicial courts nf the United States, if any they have,, in the c; Us under confederation exclul'ive orconCuirem. It the judicial courts of the general government have jurifciiclion of offences at coinmbn law, and that therefore it is a part of the law, then docs the common law from a part of its criminal code, and its adoption must be found in the conftitutioii from w hence ail its powers are derived. Tk.,t uo expli cit declaration to this is there to be found, will readily be admitted ; and thit it is net infera. ble from a jull and fair conftrudiion of aj»y part of that iriftrumenr, I think undeniable. Ihe VM ]jr article looking to the point, is the oiie above cit ed : and why this'filould have greatct rci'eience to the law of .England, than to that of aiiy other country, has not been to my niind fatisfaflorily explained. It is Hue the common law of England did, befoie the revolution of 1776, fp/m a part o! our municipal code—-but that event unqtiellion ably ieparared us fiom that country, its confiitu tiau and laws—new governmeats and laws were (oitned, and that the common 'aw of England is at th;s day a part of the llwof this (late, is «w ---i"2r to an cxprefj proriiion to be found in the -c}U article of its Conllitution. [Jo he lontir.iitd. STOCKS. Six per Cert Three per Cent. - . Deferred Six per Cent. BANK United States, - Pennfylvaiiia, . 1 North -\merica, - Insurakce Company North Agierjca, 2 3*dnikcr--ij c Pcuafylvania, - - _ g - Exchange, ?t 6o days, NEW THEATRE. On TUESDAY EFENING, February »j, Will te aisled, A TRAGEDY, (never performed here) called Z A R A. Ofman, •Lufigcanan, Aereflan, Chitillon, Orafinin, Melidor, Zara, Selima, To which will be added, A MUSICAL FARCE, tailed THE AGREEABLE SURPRISE, Sir Felix FriigtUy, Compton, Eugene, Chicane, John, Thomas, Farmer Stump, Cuddeß, Lingo, Laura, Mrs. Cheshire, Cowfiip, Fringe, TW F x. ?:C are re ,l" pcafß ">' informed, that .he Doors of the Theatre wid open at a quarter after FIYL precift, >-«' LLERY ( D Halfa of ' DoU "- Places for .he Boxes to be taken of M,. Wells at ike front of the The-ure. vvells, at 1M ' S , bc ' ,ad H " and P R'Ct's Book-Store. No. 50, Market-Street; and at the Office adjoining the The. ■Sirr^si"«=* - not, on any account, be permitted 10 remain. ' Wanted to Charter, rCO to ;C" 1170 V bjeft a ad nor Mr. if comi •mmitt klently Julians Mr. S