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 a<St for declaring the said usurped aft,
void, and for expanding tlie fame from the face of
the public records and they also herewith re
port, in part of tellimony before 'them, fifteen affi
davits taken on the fubjedl ot the fra;4d pradlifed
to obtain it.
ExtraS from the minutes.
JAS. M. SIMMONS, Clk. H. R,
,J\ 7 EW-YORK, February 18. *
In a former paper we gave the arguments of the
Justices Hobart and lienfoti,- in this we give the
other fide of the question.
State of New-York, Suoreir.cCouit.
Aigumeuts of Mr. Juiticc Lewis, in .the cafe o;
the people, against Jofi;.h Stiks and Isaac
• Storr Hnlchinfon.
Jofiah S iles and Isaac Siorr Hutehinfon, the
pnfoneis at the bar, Hand icverally convidled of
Uttering and pnblifliing as true, certain falfe, for
ged, and counterfeited promiuory notes, for pay
ment of money, in the iimih'tude of tlioi'e of the
President, Directors and Company ofrhe liank <>f
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 ;<j<3 tons burthen ; to load
«'ilni, ngtou, North-Carolina, for
" Ca!^».a lJ ° r t 'n England. Applv ts
h'g.Mir PHILIPS,
No. 11 Spruce-street •
Feb. 23
FOR SALE, 3 T
M O R D E C A E W I S,
At his Store, No. 25, Great Dock-street,
A -tevv . ortes Bandanoes of firft quality:
I bale Humhums;
I a do. Bal'tas;
4 do. Coflas;
3 do. Book Muslins;
10 do. Rufiia Sheetings ;
a do. Ravens Diuk ;
I Cafe Diaper ;
A quantity of Roll Brimstone;
A parcel of Grindlienis.
Fefc, 23
Commodious Stores to
adjoining the Compting-Kbnfe 0/ the Subfcribcrs. F.'r
terms apply to ANDREWS 13° MEREDITH.
17/10 to 18
rc /4 s
!?/f to 8
- jo pr. Cent.
.5®
- 46
1.?6 to 15? per cent.
Mr. Moreton,
Mr. Wbitlock,
Mr. Marjhail,
Mr. Green,
-Mr. Beele,
Mr. Durley, jun.
Mrs. V/kitlocki
Mrs. Harvty.
Mr. Franc'i,
Mr. Darlty,
Mr. Dar/rj, jun,
Mr. ft a rr.-11,
M after IVarrell,
Mr. Green,
Miss SokiuoH,
Mr. BJiJkt,
Mr. Baits,
Mrs. Marjball,
Mils IViUems,
Mrs. Sham,
Mrs. ft<Kufo/i.
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