CONGRtJib. HOUSE OF REPRESENTATIVES. Monday, March 14. Deoate on Mr. Livingften's resolution continued. Mr. Bourne's Speech—concluded. It appeared clearly, (Mr. Bouri'e l *culd not agree to give any part of the treaty making power to the House of Representatives. That the nature of the treaty power Shewed the propriety of placing it where it ■was placed : the numbers of the Senate were small, and mod fit for this business, more so than a nome- T*us body where fa&ion and party might prevail. That the power of making tieaties was vetted in the Senate, becanfe it were a branch of the sove reign power, These obfer.ations had been made in the Convention of Norlh-Garelina, Now, he asked, if this was the eonftruftion of the Confti u tion when it was adopted into the several states, would it not be a trick on the small states now to eonftrue it differently, and fay that no treaty was the law of the land until ratified by the House of Representatives? He considered that the (late which he had the honor to leprefent would be of that opinion ; he said it would be a gross violation efthe constitution to maintain, that the President and Sinate could no" make tieaties without the as font of the Hoafe. But he did not consider this principle as involved in the motion before the com mitlee : it was a qjeftion of expediency : the Pre fident wasalked by it for the inflrudtion to his mi nifters and all other documents refpef Conna&icut on this fuftjeft was well'known. The address at the meeting of the legislature of New-York had breathed a similar spirit, those ot Pennsylvania, Delaware, and Maiyland also; the latter had been unanimous in their resolutions of approbation and confidence. He Would not travel a.iy further, some fen iments of a contrary complex ion had been expretfed to the South. The gentle man had referred to the sensibility which had been exhibited in the town meetings. Mr. Bourne ac knowledged that much diflatisfaflion with the trea ty had been (hewn in most of the populous towns, he believed however from recent appearances it was much abated. The people had been deceived - iti their expectations in refpeft to the treaty hy several publications before the treaty arrived; having ex aggerated its advantages, and -dated that every thing was obtained which had been asked for. Mr. Bourne said he should not give his ideas of the treaty at present, they would be reserved for a metre proper time ; he believed that in obeying the Con ftitutioiij they should obey the voice of the people j ■f a doubt cxifled as to what was the $rue conduc tion at the Conilitution he believed it ought to be conformed to the opinion which prevailed when the Conflitution was adopted, and he had (hewn that the moil eminent men had then but one opinion in relation to it ; they all agreed that the power ef making treaties was veiled exclusively in the Prefi deot and Senate. Mr. Bourne concluded by ob fs-rving that he had not intended to have carried h»« obfei vations to so great a length, but as the (late which he represented was particularly interest ed in the consequences of the principles which had been advanced, he had be»n the more lengthy. lo dged he did not confid?r these principles as necefTa rily involved in the question now before the com mittee, but he confided, that whate/ei migiu be the fate of this quedion, from the knowledge he had of the members of the committee, that when they should l Otnt to decide on the question of parrying the treaty into effedJ, they would duly refpeft the faered obligations they were under to fuppart the Conftitutiou. debates of the north-Carolina convention Referred to by Mr. BoUrni. Mr. Leko r. I have a greater objeflion on this (round than that which has jutt been mentioned. I mean, fir, the legislative power framed to the President himfclf Umay be ad mired by Tome but not by me. He, fir, is to make treaties which are to bethe lupremc law of the land. This is a legiflaive power given to the President, and implies a contraifi&ion to that part which fays that all legislative power is vested in the tw,o houles Mr. Spaicht (a membtr of the Cntmiitn which firmed the Conjiitution) answered that it was though: better to put that p >wer into the hands oi the Senators as Repiefentatives df the Hates, that thereby the imereit of every itate was equally at tended to in the formation oi treaties, but that it was aot ctinfHered as a Logtflauve at alt. Mr. Maclaine—l h i treaties were the supreme law of the land in all countries for the in., it obvious leafiins. That laws or leg fla. ive aQs operated upon Individuals but thai treaties a&t-d upon Hates, That unless they were the su preme law of tae land thev could have no validity at all. That the President did not afl in tilts Cafe as a legislator but rather in his executivecapaeity. Mi 1 . La -oi r.—He still thought the President was pofieft ed of legillative powers while he could make treaties joined with the Senate, Mr. I RtDELti When T rcauet are made tiey become ai valid as cgiflauve a6ls. 7 apprehend that eve*y a£l ot the go vernment, legiflatite, executive or judicial, it in pui iuancc of a conflituttonal power is the law of the land. Mr f" ■ i r. Thtix i A «pwwet v c lied in he President and Senate to make Treaties which ihdll the lupremc law of the land. Which ffmong us can call them to account ? | always thought there could be no proper cxcrcife of power witho.it the fuffrage of the people. Yet the House of Repre fen a lves has no power to intermeddle with ireatiei. The Prrlidentand.feven >enators as nearly at i can remember can make a treaty which will be of great advantage to the North* ern ftatesand equal injury to the Southern states. They might give up the rivers and territory of the Southern states yet in the preamble of the Conltitu ion they fay all the people have done it. I fhouid be glad to isuow what- power there it of calling the President .vid Senate to account. Mr. Spaigh r anlwcred that under the Confederation two thirds of the states might make treaties. That if the Senat. on from all the llates attended when a treaty wasabout to be made,, two thiids of the llatct would have a voice in itt for mation He added, he would be glad to ask the gentleman what modethere was of calling the present Con iels to ac count. Mr. Porte r repeated hit objection. He hoped that gen tlemen would not impose on the house. That the President could make ,rca ies with two thirds ot the Senate. Tnat the President in ihat cafe voted rather in a legiflativc than an exe cutive capacity, which he tnought impolitic. Gov. JoHNtTON. lu my opinion if there be any differ ence bttween the nnftuulion and the Confederation with refpefit to treat e » auditioi to the natural watchfulnefs of the pcojje, which. I hope wi| never be found wanting The obj' tiioru I fiavc anfwere< deserve all pollible at en ion, and. tor ray *Jar« I fball alway refpe& that jealousy which aries rrom a pub ic liberty Mr. Spcncty. I think thai no aigfanc/ii can be ufpd t< shew that this power is proper. ff cue wnole legislative bo. dy—if the House ps Representative* do not interfere in mak tng treaties, I think theyought at leait to have the fan&ion o wholr Senate The XXIII. Amendment ptft*>o/"ci hy the Convention to b< i f r- / be made m ifcie Conttittotw. That no Treaties which lhall be direfttv opposed to the exifling laws ot the United States in Congress aflembied, fhill be valid ur.tij such laws fh-ill be repealed, or made conforma ble to such treaty ; nor (bail any treaty be valid which is cou tradi&ory to the Constitution of the United States* Mr. Bloodwoath dfued to be informed wheiher trea ties were not to he fubtnitted to th> Parliament it) Great Bri tain belore they were valid. , Mr. Ikeqell. A gentleman from New Hanover has asked whether it is not the praihee in Gteat Bn'ain tofubmit treaties to Parliament belore tlieyare eltcemed valid, Ihe king has the lolc authority, by.the laws of tha country, to make trea. ties. After treaties are made, they are fiequently difcufTcd n the two houfrs of parliament; wherr,'of late years, the mod important tneafures ol government have been narrowly examimd It isufuai to move lor an addrefsot approbation; and such has Wen the complaifarice of Parliament for a long time, that this seldom hath been withheld. Sometimes they pals an a£l in conformity 10 the treaty made : but this I be lieve is not for the mtte piftp ;f. of confirmation, but to make alterations in a oarucular ljfLm, whico the change of cir cnmltances requires. The coi>fti:utional powt. ot making treaties is veiled m the crown ; and the power with whom a treaty is made, conhders it as binding without any aft of par liament, unlcfs an alteration b> such is provided for in the treatvitlel', which I believe is sometimes the cafe. When the treaty of peace was made in 17631 it contained flipula. tions lor the surrender of some islands to the Ftench. The iflaqds were given up, 1 believe, without any a£t of Parlia ment The power of making treaties is very important, and mullbevefledfjmewheic, in order to couuteradi the designs of other countries, and to be able tu term inate a war whenit is begun. Were it known that our government was weak, two or more European powers might, combine against us. Would it not be politic to have fomepower in this country, to obviate this difficulty by a treaty? If this power was inju dtcioufly limited., the uatioos where the power was poltdsed without reftriftion, would have greatly the advantage of us 111 ntgociation ; and every one mult know, according to m )- dern policy, of what moment an advantage innegociation is. The honorable member from Anfon said, that the accumula tion of all the different branches of power in the Senate, would be dangerous. The experience of other countries (hews that this tear is without foundation. What is the Se nate of Great Biitaio, o,;po!'ed to the House of Commons, although it be compoltd of an hereditary nobility, ot vast fortunes, and eutiiely independent ol the people ? Their weight is far inferior to that of the Commons. Here is a strong inffance of the accumulation of (lowers of the different branches of government without producing any inconvenience, that-Senate, fir, is a separate branch of the legislature, is the great cenftnutional council of the crown, and decides on livesayd fortunes in impeachments, belides being the ultimate tribunal for trying controversies refpeQing private rights. Would t not appear that all thi fe things should render them moretorm.daole than the other Yet the Commons have generally bein able to carry every thing belore them. / - NEW THEATRE. EVENING, Monday, April 4, „ Will be presented, A celebrated COMEDY", (never performed here) written by Mr. Murphy, called All in the Wrong. Sir John ReAleij, Mr. Wbitlock, Beverley, Mr. Moreton, Sir William Bellmont, Mr. kartell, Young Bellmont, Mr. Green, Mr. Blandford, Mr. Francis, Robert, Mr. Beete, Biuih, Mr. BiiJ/ett, Richard, Mr. Mitchell, James, Mr. Warrel, jup. John, Mr. Darley. jun. Lady Reft left, Mrs. Wbitlock, Belinda, Mrs. Morris, Clariila, Tattle, Tippet, Marmaitt, To which will be added, A COMIC OPE RA, called No Song no Supper. Frederick, Mr. Marjhall 'uileft El. Mr. Har, Mr. Bliffett, Robin, Mr. Bates, William, Mr. Darley, jun. Sailors £ Meflri. !Varrell,)\ia. Morgan, Mitch ' ( ell, Beetee, &c. Dorothy, Leuifa, Margaretta, Nelly, gT The Public are refpacflfwlly informed, that the Doors of the Theatre will open at a quarter after. FIVE o'clock, and the Curtain rife precisely at a quarter after SIX —until further notice. BOX, One Dollar—Pl r, Three-Fourths of a Dollar— and GALLERY, Halt a Dollar. Plain for the Boxes to be taken of Mr. Wells, at the Front of the Theatre: . TICKETS to be had at H. aud P. RICE's Book-Store. No. 50, Market-Street; and at the Office adjoining the The ttre. No money or ticket! to be returned ; nor any person, on aßy account whMfoever, admitted behind (he fc.nea. Ladisj and Gentlemen are requelled to fend their servants to keep places a quarter before five o'clock, and order them at loon as the company is seated, to withdraw; as they can not, on auy accouut, be permitted to remain. THE UNDERSIGNEDj INTENDING to leave Philadelphia in a few days, in forms the Public that his business will be carried on as usual at his Office, at Mr. Kids, Higb-ftreet, from nine o'clock till two every day, where those having demands against him, are requeftcd to apply. Philadelphia, April a To the Public. AT MR. O'ELLER', HOTEL, A French Miniature Painter refp.c&fnlly offers his ser vice« to the Public, and hopes that the moderation of his term*, the very frwrt time of his fittings, and the rate of bis abilities, will induce hi» visitors to heroine his patrsDs. Mr*. Francis, Mrs. Ro-iu/on, Miss Oldjield, Mrs. Har-vey. Mr*. Shaw, Mist Raw/on, Mrt. Oldmixan, Miss miUnu. VIVAT RESFUBUCA. fjAMES SWAN. •»t. Feb. ae, < if i 'foreign Iat > Mugeace. Feb. 6. ! havy (hewn a »erjr i^. ancc of theii itfpcc\ ! v»r.tLc .Vucrican Printed intti ufiions have beei- fe»t t<. all p.,, Admiralt, intormtng them, ttiat P. Bond, Esq. C l >arjrt d'Affaires at Philadelphia, had granted cer ti687,500 Ditto * _ in 179$ *11,000,000 330,000 Ditto in Feb 1795 18,000,000 j, 0,000 Di'to in Dec. 1735 26,100,000- 783,000 Stock in the 4 per cents, io 1794 2,730,000 iioooo '^ lU ° in Feb. 1795 £in o®s Navy Debt funded in the 5 pr. cts. in 1791, - - . 1949,330 l> ''to ditto in 1795, 3,012,040 An annuity 0f61,79i1. for66year» - An annuity 0f85,j 001. for 65 year» in Feb. 1795, Anannuity of 58,500!.f0r64year» in Dec. 1795, Whole Ann. 106,7911. worth 41. 13s. 6d. per „ , , . , 78.350,270 2,595,36° hmperor sloan in the 3 per cents • - m 179,5, - . 3,833,333 115,000 Ditto, an Ann. of 230,0001. in 1795 worth ... 3,310,441 Funded debt and itsintereft.exclu five of management, - £35,501,044 £2,940,360 UNFUNDED DEBT. Principal. Navy Debt, £. ,000,000 Vote of credit for the Extraordina niriiis of the army any navy, 4,000,000 A debt not paid by the E. I. Com. pany, but taken as part of the Supplies, in 1794 and 1795 Exchequer Bills Unfunded debt and interest at S . pe . r fl*: * " J 6,000,000 800,000 Funded debt and interest - 3.5,504,044 *,940,^ Total of the debt, and the ann al expence attending it, cxclufive of management, - £-101,504,0 4 4