t3 Rickctlis Amphitheatre
I
>
I
I
For the Benefit of Mrs. Splnacuta.
THIS EVENING, Satuiday, April 9,
Will be presented,
A Grand variety of New Entertainments.
CONSISTING OF
Horsemanship,
ROPE-DANCING, TUMRLING,
Trampoline Feats,
PANTOMIME*, FIRE■ WORKS, isV. life.
The Performance will begin with Mr. F. Rickctts fur
prising abilities on a Gngle Horfc.
Mr. SUlly's unparalleled
Comic Feats on Foot and Horseback.
Mr. Ricietts will go thro'
THE MANUAL EXERCISE,
Standing on a tingle Horse in full speed, in the charac
ter of an American Officer.
Mr. Sully will, for this night, throw a Row of Flip
flaps across th» area of the Circus,& concludewith
A LOFTY BACK SUMMERSETT.
Mrs. Spinacutas Performances on Two Horfcs in full
speed.
Tight-Rope Dancing,
By Mr. Sptnacuha, who will, for this night only,
Dance with Skaits upon the Rope—and for the fivft
time this Sealon, the iurorifing
LEAP OVER THE GA*RTER,
Backwards and forwards, upwards of ten feet high ;
and will likewise Pla,y on the Violin several favorite
Airs with Variations, without the afliftance of the
Balance^Pole.—He will put half a crown on his
throw it in the air, & catch it again in a glass
Unparalleled TRAMPOLINE FEATS,'
By Mr. Ricketts,
Who will take Hisfurprizing Leap over Seven Hnrfes
■with Riders on them ; also over Twenty Men's
Heads with others on their Shoulders.
To which will be added,
{ for the last time this Season) a NEW PANTOMIME,
under the diredlion of Mr. Sully, called
Harlequin's Olio ; or,
MIRTH'S MED LET. x
Harlequin, Mr. Sully.
Pantaloon, Sig. Reano.
Lover, Mr. Macdonald.
Dwarf, Master SchnyJcr.
Genius, Master Sully.
Clown, Mr. Spinacuta.
Columbine, Mrs Spinacuta.
Magician, -Witches, Millers, Servants, &c. by the reft
of the Company.
t In the course of the Pantomime will be displayed
Several TRICKS MACHINERY.
'"The'whole to "conclude wiih - — •
A brilliant Fire-Work,
Purposely prepared for the occasion by Mr. Spinacuta,
and Mobs. Ambroife.
First Piece—Piece Periquei in fix different Evolutions
of Fire.
Second —The Triple Column, surmounted by a Py
I—The Blazing Sun.
h— en Chinoife.
By Mons. Ambroife•
The following Pieces by Mr. Spinacuta:
"First Pieee—A. Gcch-Ljijhkh wilLcJ** g'
• Grand Sultan's P!um«» i'ire*
and variegated Colours.
Second—A Grand Gallery of Brilliant Gerbs.
Fourl
The whole to conclude with
THE CURT JIN OF VENICE,
forming a lively reprefeatation of Jeflamine, & other
Mr. Spinacuta allures the public, that the above
Fire Works will be the molt brilliant and pleasing ever
difpjayed on the Continent.
* 4i * Tickets to be had of Mrs. Spinacuta, at Mr.
Wadman's, corner of Race Sc Front-ftrcets, and at the
usual places.
£5= r Places for the Boxes may be taken at Mr. O'El
ler's Hotel.
4-*+' The Doors in future to be opened at S I X
and the Entertainment to begin at SEVEN o'clock.
Boxes, one dollar—Pit, half a dollar.
Canal Lottery Office,
Ntar the Bank of the United States.
Philadelphia, sth Afrit, 11^6.
THE Public are informed, that Tickets are Thirty-one
Dollars each, and will continue to rife a dollar at
,«aft every other day. As the Lottery is near five-fixths
finifhed every day's drawing must greatly enhance the va
lue of Tickets on account «f the five Itationary on;-s of
Ons Hundred Tbtufand Dollars, besides the 30,000 dollar,
and other considerable prizes Hill in the Wheel.
Wm. Blackburn, Agent.
STATE of the WHEEL:
I prize of 30,000 - - 30,000
5 do. 20,000 - - 100,000
a do. 2,500 r - 5>0'30
4 do. I,coo - - 4 >000
8 do. 500 - - 4>°°°
16 do. 100 - - 1,600
With a proportionate number of 12 dollar prizes.
A Check-book kept at the Office for examination and
regiflenng.
Pennsylvania Hospital.
THE Eltaion will be held at the lloffital pursuant to
law, at 3 o'clock in the afternoon on the second
day of the fifth month ncxi, being the feeond day of the
week, at which time the Contributors are dcilred to attend
to choose out of their number Twelve Managers ar.d. a
Ircafurtr to the»faid Institution for the ensuing year.
By order of a Board of A'lanagers,
SAMUEL COATES, Clerk.
gti\ mo. Tth, 1796. §
* I.i — -
To the Public.
AT MR. O'ELLER's HOTEL.
A French Miniature Painter rcfpciffully offers his ser
vices to the Public, and hopes that the moderation
of his terms, the very Ihort time of his fittings, and the
Tate of .his abilities, will induce his visitors to become his
patrons. Feb. 20. §
CONCERT
OF VOCAL Vf INSTRUMENTAL MUSIC.
R. TAYLOR,
RESPECTFULLY inform-' bU Friends, and the Pub
lic, hisbenfit Concert will be on Thursday, the lift
of the present month, April, at Mr. O'Kli.i r' Hotel.
A Band of the n*>!t eminent lnftrumental Perlormcrs
will be engaged.
The Vocal Part by M : fsHutJTi,ET,and R.Tatlor.
Particulars will be made known in due tirnc
April 4 t,th&s*.
' Several Apprentices to the Printing-
Business Apply at the Office of the Gazette of the
United States, No. 119, Chei'nut-ftreet. * $
* »
beautiful Flowers.
WA N T E D,
CONGRESS.
HOUSE OF REPRESENTATIVES.
Monday, Match 15.
Debate on Mr. Livingtlan's resolution continued,
Mr. Brent said he fhouid not in the present de
bate touch on the merits of the Treaty, which he
conceived foreign to this queltion. Ou amotion to
arte for papers with refpedt to the treaty, he did
not conceive with what propnety the Rtneis ot the
inltrument could be brought into view. It would
be proper he contended, to have the papers propoled
to be called for, even if it was conceded that the
house had no cor.troul in matters of treaty ; tor .if
they were bound to carry it into operation, it ill the
papers »vould-be neceflary to a due-understanding
of the fubjeft. The motion, he argued, Hands u
pon the fame ground as the calls so often made for
information tolhe heads of departments. l>ut e
i ven if the papers are not necefl iry to g\,ve inforraa
tion as to the laws which it is laid mult be puffed,
they are necessary on another ground. ihe con
stitution gives the house a ftiperinteni ance
over the conduct of officers, and the power of im-
peachment ; no member denies this right, and how
can they exereife it under (tar,dingly without infor
mation ? Can the conUitution be supposed to give
this right of impeachment, and at the fame time
deprive the house of the means of informal***?
This would he as absurd as to refer to a blind man
to judge of shades and colours. How can the house
decide on the ability or fidelity of the negoeiator of
the treaty, unless they have a G),ht of his infract
ions, and oHiis correlpondence ; how they de-
termine on the meriu op demerits of the nego-
ciatiou !
The turn which the debate had taken, had gi
ven rife, he said, to an important conllituiional ques
tion : he did not believe its decilion of consequence
to the decision on the pyfent motion ; but as the
debate had taken that turn, he (huuld pnrftrc+he
fame road in answer to the of gentle
men. He laid this do\«n <is a found inference from
the provilions of theconftitotion on the iubjedt of
the trcAty power ; that the President and S-enate
poflefs the right offorming treaties, and of carrying
pn the necefiary negociaiions with foreign coun
tries ; but when these contain stipulations bearing
a relation to the (peci&c power veiled in the legis
lature thehoule had a right to take cognizance of
it, and such a treaty could not become the lupreme
law of the land until fanftioiwd by the legiiluture.
To (hew the jullticfs of this pt.fi ion, lie fbouid ex
amine the fubjeft, he laid, in a tnree {old light.—
of the conllitution ; then to tile opinions which pre
vailed as to its meaning at the time it was framec
and adopted ; and lallly he fliould examine wha
cotiihndti6n was bcit calculated to preserve the li
berties of this country.
to the Treaty-making power. The (irlt declares
i>.» P. gJth'~r<ro thfrtfg t#f llic 'ficnati
(hall hare the power to nukj Treaties. He pro.
;eeded to enquire whether this claute gives their
:he right to make Treatie the supreme law of th;
nine the import of the word in thole countries,
where the Treaty power had been frequently exei
:ifed, and to consult the opinions of the belt ci.vili
ins. The general powers of making Treaties is
inder the controal of theconllitution. 11l despotic
•xecutive is in the hand 6 of one peilon, there the
Treaty-making power is without controui, and a
Treaty as fopn as made becomes ipfo faflo, the fu
ireme law of th- land : Bt.t in all limited govern
lieifts, tiie Treaty power is subject to the limita
ions in the conlliuition. Thepiaftice of this prin
iple may be found even in the British government.
There, though the king originates as the President
itid Senate do here, they do not become the iiipieme
aw of the land, refpeding legislative fubjefts, tin
il the co-operation of Parliament is obtained. Thus
he power of making Treaties does not imply the
>ower of making thole Treaties in 1.11 cales the fu
>reme law of the land. If the executive make a
Treaty involving none but executive poweis tliitt
y, then it becomes immediately the iupreme law ;
>ut if they contain provisions, which involve the
egiflative authority, the executive can make them
>ut conditionally, and they do not become iupreme
intil the legislature chufe to make them so. The
3riti(h government furnilhes an example where this
lo&rine has been pra&ifed, and it is by a reference
0 the practice of despotic governments, that the
ni(taken idea is taken up, that all treaties as soon
is made become the supreme law of the land. The
■laufe in our conllitution, he concluded, does not
>ive authority to the Piefideut and Senate to nuke
1 supreme law of the land.
When this clause of the can(li;i:tion is compared
vith the other parts of it, it will be ftiind, he f.iiJ,
hat theabove interpretation is jvift; forthe Treaty
naking power is delegated as a general power,
vhile to Congress fpecitic powers are granted. The
ation l and admitted rule of conftru&ion In thtfe
:afes is, that fpecific power reltrains general powers,
ind here then, the general Tieaty power, mull he
eilraiiied by the fpecific powers of Congress. He
idmitted that the executive had full power under
he general authority veiled in them by the confti
ution to originate Treaties and to carry on nrgo
-iatiotis with foreign powers ; but that if the pro
alions of a treaty so negociated clashed with fpeci
ic powers giantc-', the authority exercifisg those
"pecitjc powers must give it their fan&ion before it
jecomes the supreme law of the land.
He next turned to the second clause of the coa
litution lelpe&ing treaties which had been noticed
nthe debate. It fays, that the conftiuition, laws
ind treaties (hall be the supreme law of the land,
md gentlemen contend, he remarked, that tho' the
irll clause does not make the treaties entered into
jy the executive the lupieme law of the land, yet
:hat this does ; but its obvious and only meaning,
when the whole of it is taken into view, is that the
:onuitution, laws and treaties of the United State 6
ire only meant to be declared supreme to conltitu
lioai and laws of th« individual Slates. It is ad-
r Mks
mm , vV:,
mitted as a found rule or" can' j >«, that to gf
cover the true meaning of a ij it is fan
to have recourse to the existing eiVtfjmltancM that
produced it. When the WftWf!"' 1 waß ' o "" ed .>
« was under a itrong imprril\oi> of the mcotiveni
encies experienced tiucfcr the eor.M«r»u*'H wnen
great obllruttion was thrown ill the way ot the
Treaty power, by the States reMiifc to carry into
execution tboie agreed toby the conilituuonal au
thority. Tiiis was the evil the tra.ners ot the con
stitution had in view when they inserted thiaclaule,
and it lias no relation to the p <w,r9 of the general
government, which Itand precisely in the i*me situ
ation with or without it. Ii dot. not declare that
Treaties (hall abrogate laws i but that the States
ft>«u n*t have it in their power to throw impedi
ments in tfie way of their execution— Hie words
of o<e conttitution cannot be underltood otherwtie,
than that the constitution, laws and Treaties (ha
exilt together ; it does pot fay that a 1 rcaty (hall
repeal a law, or a law repeal a Treaty; then the
constitution certainly contemplated that they never
(liould be irt oppofilioo, for contradtftory and op. ]
poling laws cannot exill at the fame time : It they
exilt at the. fame time they cannot be in opposition
to each other. If it can be supposed that the Pre -
fident and Senate can make a Treaty in opposition
to a law of the legislature, and yet both the Treaty
and the law be at the fame time the supreme law of
the land, an absurdity i» supposed. But if u he
admitted, that the hotife (hall have a participation
in the bulinefs of" Treaties, in cases which involve
lcgiflative authority, then the words of the cohlli
' tution, become iuteliigible,-and bolh i rcaiua and
\ laws may be at the fame time the supreme law o(
the land.
He further developed this idea. The eonftitu.
tion fays, (hat the Prdident and Senate (hall ;nakc
treaties« and thiit when concluded under the au
thority of the United Stairs they thill be the fuprrrne
bw of ihe land. This is intelligible if the eontiooi
of the house be admitted ; for t' eti if tiie Preiidc/lt
and SeaaTe make a commercial Treaty in any par t
contfSry t& fnti gr>H» >'«I»' * Uu4e j
laws and the Treaty then becomes the lupreme law,
and when it commences its exillence there is no
opposing law.—On this cpnllruCnon «ui exifling
laws are fwpreme laws ; on the other, tho ai. aie
declared fnpreme, yet all cannot be lucerne when
there is a claflling.
A treaty made by,<he Prelidcnt and Senate, as
! far as it relates to commercial concerns, is not a
treaty made under the authority of the United
■ States until it his obtained the l'andion of thd le-
giilature.
Gentlemen fay, '.hat Treaties, ipfo fatto repe.
anterior laws clalhiujl with their provifiorc ; the}
fay that the conditu'.ion, i;nvs and Treaties !l?.nc
upon the fame footing in the conltitution, being al
declared the supreme law of the land ; if treaties
can repeal taws, then laws can repeal the eonftitu
tion,for the second (laws) ate to the fiHt (conlti
tmion) wl.at the the t.hjrd (Treaties) are to tht
feco'nd (laws ;) then also by parity of reasoning,
Treaties may repeal the conflitution. If all lianc
on the -fcitne footing, &c. the precedence is actor
ding to the point of time, the last law always pre'
vailing, then treaties may change the fundamenta
am! Sinaic by enleraig into (tipu!aji(mj_>vith a for
ceign ;ov:riirneht may gjie usa monarchy,mnny con
vert our President into a king and our Senate int«
a n jbility ; for, fay the gentlemen, Treaties are tht
law of the land as well ?s the conditution and s
[übfequent law repeals those which are anterior.—
But ihofe positions are falfe in all their parts, <
ia-.v or a treaty cannot repeal the con ftitution, a
treaty cannot repeal a law, nor a law a treaty. Ii
the manner in which the three words are placed ir
the coalUrution is to have any force, it would not
lavor the confirmation of the gentlemen ; they con
tended for the fupvemacy of treaties, whereas trea
:ies are last earned and the conftruflion from this
source would be the reverie, when there was clash
ing. He next adverted to the lengths to which
he mode of interpretation contended for by th«
rentlemen would carry them. It was never inten
ded, heaffertcd, by the people, whep they initial
led this government, that the Treaty power (hould
pofiefe this omnipotence- It was never intended,
hat the President and Senate (hould have it in their
power to efTeft a radical change in our government,
ind flipulate with a foreign nation for a guarantee
• f the change. La-j-s contrary to the conltitu
tion are nugatory,and Treaties contrary to existing
aw«, the fame ; because when in that stage they are
jot concluded under the authority of the United
:r any clashing) when otce they have received tha
"andlion of the lcgiflature. l'rom the above he
tonckidcd, that the Piefident and Senate originate
l'reaties, and that the legislature to a certain ex
ent fho jld exer .ife a check upon this power. And
ipon thefc piincipies the British Treaty is not the
"upreme law of ;lie kind, until a clecifion on it was
lad in the legifiature.
It might he fuppoled, Mr. Brent observed, tha'.
ris opinion o: the true coi.tlruCtion of this part oi
he confutation was a solitary one, that it was i
:!ime:a of the imagination. Upon enquity it
■vould however he found, that this opinion was ad
vanced at the time the con (fit ut ion was under con
jdetation, In the federal conventions who ratified it,
md by the most diltinguilhed writers of the day.—
r\ member from Maffaclmfcetts had quoted parts ol
he proceedings in the (late of Virginia ;n support
)f his coi.ftrudtion of the ecmftittition He Ihoulc
tot himfelf have brought forwar- the autiiotity o!
H.it ilate in favor of a contrary conftritdiivn, hac
iot that gentleman cited it as authority of grcal
veight. But since be had endeavored to make uit
)t the proceedings in that liateas an offenfive wea
pon he would endeavor to employ them as a de
enfive weapon. Whatcvr afpe£t the debates o;
lie convention there might bear as partially quatec
>y the member from MafTacufetts, he was bold <c
leclare that on a careful examination, it would be
onnd that the majoiity in that body con ft rued the
:onflitution, as contended by the friendi to the pre
ent motion. By reading detached parts a dif
erent impression might be made: but if the whole
>f the debates were adverted to, it would be found
hat the I'refident acd Senate weic thought to have
»- >. /• -•«/:
fame relatJcrt to he 1 reat\ m-rkirg power, at
the king of Great fcfium lias in E..gi:>.i(i. He
firlt quoted the fcntinu'i ts of * gentleman in that
body to whose abilities the adupuon ui' the contti
tution was much attributed.
" The Prehdent a .id Senate have the fane
power of making treaties ; and when made they
are to have the fame force and validity. They
are to be the fnpreme law of the land here. Thi,
book (hews us they are so in Eaglarxi. Have v e
not seen in America that tieaue* were vioiau
tho' they are in all countries ceulidercd as the iu
preme law of the land ? Was it not therefore neccf
fary to declare in explicit terms, that they fiiouij
be so here ! How then is this conltitutio.i on a dtt
ferent footing with the government of Britain ?
the worthy member fays, they can make a.Tieaiy
relinquish our rights and in9i4t punishments, be
cause all Treaties are declared paiamount to the
constitutions and laws of the states. An attentive
consideration of this will shew the committee, that
they can do no such thing. The provision of the
Cxth article if, that this conilitution and laws of the
United States, which (hall be made in purltianec
thereof, and all Treaties made, or which (hall be
made, under the authority of the United States,
(hall be the supreme law of the laud. Tiicy can
by this make no Treaty which (ball be repugnant
to the spirit of the contltiutiou, or iucoliliiicnt with
the delegated powers. The treaties they make
mud be tinder the authority of the United State.--,
to t>e within their province. It is lufficientfy le
cured, because it only declares, that in pur/caiKC
of the powers given, they (hall be the lupremc law
of the land, nptwithllanding any thing in,the iou
(litution or laws of particular states."
[Debate to be continued.]
Friday, April 8.
A motion was made by Mr. Claiborne, tbm ti efe
mem en who were absent yellerday when the Ye s
and Nays were railed 011 Mr. likntut's tcloiutiur t,
should be allowed to enter th.ir nauieß on the Jour
nals. This motion was declared by the Speaku ui
be out of order, tjjSwg. <iir«ctl£s&i!: f ary to a (land
ing rule of cheHoufe. ft lijbhdrd 11 eoorie.
Mr. Findley prelenied four petitions from the
inhabitants of the YVcUcrn Counties ; praying that
| the uecelfary laws may be palled so worrying the
Britith and Spanilh L'leatus intj efleit. Rrture.:
to the committee as the whole 011 the late of the
; Union.
, Mr. Harper withdrew his motion laid 011 ttfc ta
. ble some dpys ago, and fisbliitutcd the following,
viz :
j Resolved, That the necefTary provisions ought
to be made for carrying into cited the Treaties
U lately co,.eluded by the United States with the In
,j dian tribes, north weft, of the Ohio, with Great
s Britain, with Algiers,and with Spain.
He then gave notice that he (iiotild on Monday
• . next, move to go into committee of the whole on
c the ttate of the Union, foi the purpose of taking'
up the above lefohitien.
j Alter reading fevcral private petitions, the Hmife
took up the report o f the committee of the whole
on the naval armament bill.
On the motion for agreeing to the amendment
of the committee of the whole, which was that the
second fedtion (hould be struck out, (this ftdlioii
-=• tbe-PnfhH»at to cotujjir r^v>;t!'v,
three of The Frigates.) J tTTc Ayes and Noes were
• called, and were Ayes 56 —N< .0 35—as follow:
a A V E S.
_ Meflirs. Bailey, Baiid, Baldwin, Benton, Blount,
a Brent, Bryan, Burgess, Cabell, Chriltie,Claiborne,
Clopton, Coit, Cojes, Crabb, Earl*, Findley, Fr?nk
jf lin, Gallatirr, Gtllefpie, Giles, Gregg, Glove,
j n Hampton, Harrifon, Harper, Hathorn, Havens,
ot Hendetfon, Holla d, Jacklon, Lo.ke, S. Lymau,
n _ W. Lyman, Maclay, Macon, Madison, Miliedge,
a _ Mooie, New, Nicholas, Page, Parker, Patton,
j 6 Prellon, Read, Rutherford, Sherburne, Jer. Smith,
j,. ll'rael Smith, Tatom, Van Cojtlandt, Va'rr.um,
Venable, Williams, Winn—s6.
u J i NOES.
n- Mefifrs. Bourn, Bradbury, Buck, Cooper, Dent,
u . A. Follet, i). Folter, Gilbert, Oilman, Glenn,
|j Goodhue, Grifwold, Hancock, Hartley, Heath,
j Hitthoufe, Hihdujan, Heilier, Kittera, Livrngfton,
,j r Malbsne, Murray, Orr, Sedgwick,
lt W. Smith, N. Smith, Sprigg, Swanwick, -Swift,
C g Thatcher, Thomas, Thumplon, Van Alen, Wadt
u. worth.—3s.
The next amendment was the fuhfl.itote piopo
fed for the second seCtion, which directs the iale of
such articles 011 hand as of a perilhable natuie
after compleatiug three of the frigates —a motion
hs was made tolllike out the word three before the
|, c word frigates, and to leave a blank to be afterwards
Jte filled up. This motion was negatived. The above
. x . with the other amendments were then agreed to.
nc j Mr. W. Smith then piopoled a feflion to be ad
he ded to the bill, the object of which is to piovide
vag for a government bounty on such veflels as in their
conftru&ion may bs calculatcd to be converted m
lia f to vefftls of war, in cafe of hoftililies between the
of United States and any of the European pow
s a ers. The collectors of the ports to have a dilcre
it tion in the business.
ac J. Mr. Goodhue doubted the expetjiency of adopt
on- ing this motion ; it was unexpectedly introduced*
lit and tequired time for confederation. Heobferved
t ), a t it was impofljble to combine the idea of build
sof ing commercial veffeis which would at the fame
iort time be calculated for veflels of war. The collec
uld tors are to be the judges; hut he obfervtd there
of were very few of them competent to judge in the
had cafe; and in consequence the government would
rcat be exposed to great imposition. He thought it
use would be belt that the propohtion Ihould be laid on
yea- the table for the preferit.
de- Mr. Parker, altho he was in favor of the princi.
! of pie, yet he doubted the eligibility of adding it to
ated the present bill.
ito Mr. Swanwiek supported the mot ion 4-- he ob.
I be served that it was consonant to the idsas of feverat
the gentlemen who opposed the building of the frigates,
pre- Privateers and letters of rnaique are considered as
dif- the natural resource of the country in cafe of war.
hole In the infancy of the British naval power, govern*-
>und rnent gave a bounty of so much per ton .on all vef
have fels calculated for, and fitttd out as privateers and