of nwrgue. Ms. S'.van wick obfetved wbat nii hi the fate of {he present motion', the panciplc rati ft finally ba adopted by the United Scales. He then toak a survey of the commerce, ( av«ati >i and agriculture of the United States, he /hewed tluir mutual connexion and dependance, and strongly utged the importance of adopting the present motion, in order to afford fom'e kind of. protection to our commerce. Mr. Swanwick dif fered from Mr. Goodhue in refpeft to veflels of war not beifg calculated for trade. He said at the present moment there were a conlideiable number of vefTels in trade calculated for vessels of war. That in the late war many such veflels Were tilted out and answered very important purposes. Mr. Madison, Mr. Hillhoufe, Mr. Harper and Mr. Kitteia, opposed the motion, as involving con federations which required much more drfcuffion thae.-there wa» time at present to allow of. Mr. William 3 supported the principle of the mo lion, as being infinitely more economical than build ing trigates. As holding out encouragement to Ihip building, by encreafirig the tonnage of the United Spates, and providing a defence for the na- F I j£j I vigation of rhe country. Mr. Smith supported his motion. He ohferved, that he had heard no solid obje&ion against it. The bill relates to a naval armament, and he conceived was a proper addition to it. The bill is to be read in the House, and is to undergo a terifion by the Senate. He therefore thought the objection on account of the time in which the amendment was introduced was not important. Mr. Smith then adverted to the pra&ice of the Briti(hgovern ment in refpeft to their shipping i A great propor tion of their merchantmen are always converted into veflels of force in time of,war. He remarked, that the plan proposed, if adopted, would probably in a few years condure to the building of vefleli on such a conllni&iofi, as that in cafe of ivar, the U. States would have from five to (ix hundred fail calculated for war, and which at a (hort notice would iflue from all the ports of the Union to annoy any enemy that might attack as. As however there appeared to be an indifpolition to incorgotate the fe€lion with the present bill, he fhotild *jih draw his motion for the present, with an intention to bring it forward in some other form, at a future opportunity. Mr. Gallatin renewed his motion for (Inking out the word " two' 1 in order to insert one; the ob ject was to reduce the number of thiee frigates to two—On this motion the ayes and noes were called, and were as follow : Meflrs. Bailey, Baldwin, Bytan, Burgels, Chris. tie, Clopton, Coit, Colas, Crabb, Gallatin, Giles, Griftrold, Hampton, Harrifon, Havens, Holland, Jackson, Locke, W. Lyman, Maelay, Moore, New, Nicholas, Ifracl Smith, Williams—2s. NOES. Mefirs. Ames, Baird, Benton, Blount, Bourn, Bradbury, Brent, Buck, Claiborne, Cooper, Dent, Jllarlo, A. Poller, D. Fader, Franklin, Gilbert, Gillefpie, Gilman, Glenn, Goodhue, Goodrich, Gregg, Hancock, Harper. Hartley, Hathorn, Heath 1 , Henderfon, HiUhoufe, Hindman, Heifter, Kittera, Livinglton, S. Lyman, Macq'i, Malbone, Muhlenberg, Murray, Orr, Page, Parker, Patton, Reed, Rutherford, Sedgwick Sherburne, J. Smith, W. Brri'thj 'W., Smith,<Sw»nwiclc>. Swift. Tatom. Thompson, Van Allen*, Van 'Curilandt, Varniim, Wadfworth.— 57. The bill was then pasTed with the amendments to a third reading, 54 members riling in the affir mative. A message was received from the President of the United States by Mr. Taylor, principal clerk in the department of State, informing the House that the President has approved and signed the bill au thorizing the building of a Light-Hoyfeoii Baker's Island. Mr. Taylor also delivered a written message covering thtf Constitution of the Territory South of the river Ohia, with sundry documents relative to the fame. A message was received from the Senate by Mr. Otis, their Secretary, informing the House, that the Senate recede from their amendments to the bill providing for the establishment of trading-houses {or the Indian tribes, they also propose several amendments, which had been agreed to by the com mittee of conference—Alfo, tiiat they have confi- Jidered the bill providing for the relief of Henry Meffonier, and have the said bill do not raft... _I __ The Prtfident's 'mcfTdgc vr*« iead, with the accompanying papers to a felett commit tee of five members. On motion of Mr. Sedgwick, a resolution for an uniform m»de 'of taking evidence in cases of contefled ele£tbns, was referred to the committee of elcAions, with inftrudions to report a mode ac cordingly. Mr. Parker ot the committee of conference on the bill to ellablifh trading houses for the Indian Tribes, made a report relative t« that business.— £See mefTage from ihe Senate.] The bill in addilion to thr aft making further ■provision for support of the public credit, and for the leduftionof the publicdebt wgs again taken up in committee of the whole. Mr. Muhlenberg in the Chair. Some small amendments took place. The bill was then reported to the house, and order, ed to be cngroffed for a third reading to-morrow. The bill to regulate trade and intercourse with the Indian tribes, and to preserve peace on the fron tiers was difcufled in committee of the whole, and progress reported. The houie then adjourned till to-morrow. —— - ■ For Mr. Ffnno, PUBLIC qnellior.s are public properly ; for tbo it be the province of a few to dccide, it is l«ft to all to discuss. Where an authoritative determi nation gives a fbock to o<tr reafun, it is fortunate that nothing more than our obedience is required, and that we are not obliged at the fame time to make a surrender of out fenfrs. In virtue of this privilege to think for himfelf ag'aind authority, an individual requests room in your for a'brief argument upon a cafe lately AYES, neither allogLal rror impertinent a» In conceives, aiij leading to a conslufi«n diie£ily (fi t revci fe of tint which has been had upon i'. IN thediilribution of the powers under he Con. dilution of the United States, Treaty making is given to the Present and Senate, and Legislation to Congrcfs. Hehce it should seem, that treaty making and legislation are, in the fer.fe of the con dilution, of different natures: but if tin's be not allowed, then it follows, that :he conftitulion has set up two le gislative authorities, one for genera! purposes, the other for a special object— T*hc special treaty mak ing, being fepaiated from the main of the genual power. Accord ng to the rule, then, where general and Ipecial claims to authority are in oppolition, the general gives way to the special. But it is contended, that as to the regulation of foreign commerce, the treaty-making power is the genera!, and legislation the fpcfcta!; for in the enu meration of the obje&s committed to Con«iefs in tae conllitution, the regulation of foicign com merce is to be found. In the cafe of cantending jtirifdi&iuns, the law refpeeiino t'ncm is to be fi> contlrued as that if pof. fiblc cach may Hand. Ho-.v will this rule operate here ?—lr this tegu latiou of foreign commerce by treaty be taken from Coftgrefj, their rights over this commerce, in all cases i>ut that of treaty, will remain, ai well as all their other rights ; but if the regulation of foreign commerce be taken from the trer/.y miking power, the abftra&ion of but this seeming part will be in effe£t tne annihilation of the whole power—for un derthe peculiar cireumfta/ices of the United States, but for the cause of commerce wp can conceive of no whatever, of treaty—As our commerce is with ihiy one nation, so always mud he our poli tical relation—it rruiil depend on and grow out of commerce; without this we (hotitd no,t be in a ilate of fiiendfhip or enmity, alliance or war, with any nation. But it is contended, that tho' Congrcls are fiiut out of any original agency in the making of treaties, y«t wheie auxiliary taws are necessary, their am ho rity mutt be recurred to; so that an eventual eotitroul over the tre cy making p >wer remains to thfrn. But a compleat power, with a controul over it, is a solecism. 1 he con (1 it u I ion has declared, that a treaty shall be ths supreme law of the land ; not as is fcid, un lets it has a legislative fanftion t« be Ogtiified by fume law—then is the fanditaing aef and not the treaty to be the supreme law of the land —which makes the co'iftitution speak this ftiperfluotis lan guage that a law shall be a law of the land. If a treaty, as is maintained fcv all the judges, looks back to repeal any jriur laws which Hand in itj way, it should look forward with the eftes of creating laws to provide sot its own execution.— But <dmitting a treaty regimes special Initiative for this purpose, are the legislature not tinder the dire&ion of the conftittition to provide tlicm ? And the opinion goes to appropriations as weil at to other auxiliary means ; an appropriation being a grant of uioney to give «ffc<st to a law ; it not lie ing a law in itfelf, it can neither make nor unmake', but always pre-fuppofes a law. Every layir requiring money cairies on k a tacit manner of gr»oth>K ; it mtvft be'done in fubllane*. To allow of a discretion to withhold an approjj. i ation, would be to enable Congrcfs, or cither house, to flop the pulse of government at a moment, to annihilate the constitution, or break up the Union at will. I Why then are not appropriations a pait origin ally of the bills or-laws they relate to? "The reason is, chiefly, that the grant must be taken out of el iding fnnds which car.net be always previously known. Extreme cases have been put, in which appro priations may be withheld ; not indeed to check a law, but to check those who should abuse it in its administration, and endanger the public by it ; for the public fafety is the paramount rule. In ex treme cases an executive officer may depart from the letter of his 'duty. The trcafurer of the Uni;ed States might withhold his payment of a wan ant, if he knew that, through corruption or treason, it was to purchase a fleet to bombard one of our sea port towns. In such cafe, his indemnity would not be in the law, but in the reason of the thing, aiid"tn the poblli. Ijufu us hit integrity.—Such cases are not in the contemplation of the confti'ution, and therefore cannot be argued from. But Con gress are not, like an executive responsible agents, and therefore have a greater latitude of action : True ; but tho' not on this account equal ly obnoxious to penalty, they might nevertheless be equally criminal; for there may be offences where punishment is not provided. Z. NEW-YORK, Aprjl 4. Arrived at this Port. Ship Chtefrman, Atlas, Duplex, Brig Boston, Webb, Schr. Clarissa, Congdon, Atlantic, Sayei, CHARLESTON, (S. C.) March 21. Yefterdayarrived the brig Julius Pringle, M'Neil Cadiz, 75 days. Sir John Jervis had arrived in the Mediterranean and taken command of the Britilh fleet. Admiral Hotham had gone for England ; it wSs expeflcd he would be tried by a Court Martial for ftiffcring Admiral Richery, who captured the Levant flee' to flip out of Toulon. Major Piiickney the American Minister had gone torn Spain for England ; he left Charles Riifledge ■fq. Charge de Affaires at the Spanifil Court. The ting and queen of Spain were expected at Cadiz when capt. M'Neil left it ; they wi'ieon a visit to Seville, to fulfil a vow the king had made. All •the foreign niinifte'is at the Court of Spain attend ed their njajeltic* on this piuu3 occasion. Pi ullians, to the number of 40,000, are now ac tually on their march to the circle of Franconia, where winte r quaiters have been prepared for thrm. A (h<>rt time will probably ascertain the precise ob ject of this movement. Tlie king of Sardinia has declared that he will not majce ptacc, hut in conj\n£lion with his allies ; and while feme letters from Italy infoim us,that the contending armies have gone into winter quartets, o'.hcrs affute us |lia< the war in that quarter threat ens to be more ilrfperate than it has hitherto been. 1 lie only aitide wearing a pa ific complexion, is a letter from Bnfle, mentioning, that minitlers from the Coutt of Sweden and Denmark, had ar rived there in cog. arid that fometliing agreeable on t!jc fubjed of peace, it was expedled, would soon be m ide pirblic. It has been currently and confidently rumored for some (lays pall, that the lJutcU fleet, confiding of fcvcral fail us the line, betides frigates, has failed from the Texel. LONDON, February 27. The Dutch fl cet is mod certainly at sea, but of what force it confiHs is riot perfe&ly ascertained. A veflel arrived atYarmouth parted thro' it, and the captain reprefenis the number of ships to be 18, of which probably eight or ten of the line Another- account fays—The Clatton India (hip of war, Caps. Trollop, saw the Dutch fleet on the 24th inft. counted their line of battle to consist of 12 fail, viz. 7 ftiips from 74 guns down to 60 5 from 50 to 44, and J friga.es. By their courfc it was conje&ured that they were going North a - bout, in order to form a junction with the Brrft Jisct:. D»y». Lisbon St. Bartholoracw Hull S5 Jfcremie 23 Jamaica A report prevailed yeftcrday in the highest cir cles, that General Clairfayt 19 dead. The credit which it received from thufe who had the best op portunity of ascertaining its validity, inducci us to think that it is but too true. Hit lofsin the pre sent (late of affair* will he molt severely felt. We arc happy to (late, that the report of a dis turbance in the island of Corftca is totally unfound ed. Capt. Young who arrived in .London, on WedAefday, failed from Baltiaonthe 25M1 nit. when the island wai in a {late of perfedl tranquility. PITTStfVRGH, Apnt t. On Tuesday iafl .it FVv'SJtff county, Union "tfuyn the Grand Jury prefeuteJ laijlfi Court a petition for carrying m!o i-ffeet ifir Bilt'ifh and Spamfh treaties, figised by tiiein unaniinoufJir, ft «'»■> t ' K " iignea Jjy the court, tfhich adjourned to give the suitors ot the court, and other inhabitants of tFit county thert attending an opportunity to lionfider Ihe petition. Tu" minting in the Court Louie r.'as ' ar g e > and confiHei of a great wraber of the prin cipal people ; fcveral publications wete read ; and pcrfoiis piefent fpote on tlie occafioii. it was then moved and icfolved unanimously, That it the sense of l!iis meeting, that the late Treaties with Britain and Spain ought to be carried i:itt> complete execution fpcedilv, that there may be no impedi ment to objects hi which this country is so greatly interelted, thepojfr/jion of lite Weflffn Pajls, and the free navigation of the river Mifiifippi On Moiiday week lafl the Grand Jnry, Court, Bar, and Suitors cT the Court attending at Soitter let, had prefentwj and signed with unanimity peti tions to the sam? efjett, wuh great ca,rneiluc£ fo hciting a ready concurrence in palling all laws ne- ; cefTary to the execution of the treaties. .1 Philadelphia, SATURDAY fiVIiNiWG, APRIL 9, 1796. Yesterday at a meeting of the Aldermen df the ci ty the following (gentlemen were re-chosen: MatthswClarkson, Mayor, Wilcocks, Recorder. J**? !" noes puhliftied yeAerday, in one of the lifts, for Sold* Baldwin* 0" An adjourned meeting of the Pennsylvania Soci ety for promoting the Abolition of Slavery, &c. &c. wiH be held at the place, on second day next, the I ith inft. At 7 o'clock in the evening. BENJ. KITH, Secretary. 4th Mo. oth, i-qS. PORT OF PHILADELPHIA. ARRIVED. - — D^rs. Ship Delaware, Ofmon, Canton, 136 ling Governor Brook, Howard, Havanna 14 Schooner Nancy, Hathaway, Returned in distress. P°rga, Coffin, Havanna 21 CLEARED Ship Pipou, Dale, > Favorite-, Thompson, NEW-YORK, April 8. Yerteiday afterntitin arrived here, the Ship OtllO, Capt. M'l.ajjjhlio- in 33 riavs from Greenock (Scotland.) By this vessel the Editor has re crivtd papers up to |hc£rfr of March. LxtraCis fiom which follow. GLASGOW, March I. RETROSPECT. I lie geneia! features of all the intelligence which lias been rctrived from the continent for some weeks p, Tit, have bern ttrongly indicative of an im mediate recommencement of hostilities between the Jmperialiils ,-,» d the French. In the propoti uons which.had been nude for a peace, It is said, that the Ficiuh agieed to abandon their projefl of makinp 'he Riiiije their boundary, and to limit their views to the retention which they have incorporated with their own ; or, to other words, that they would keep pofleffion of t .1 A- Anftrim Netherlands. To thele terms the Allies have peremptorily refufed to accede ; »nd ad hopes of peace have, of eonfe quen- e, entirely van.ftied. Both armies have been ronfrdjrxably augmeirred j that of the Imperialists i» about to bcenforcefi by 40,000 Ruffians. The Allies will have learnt, with some decree of aftonilhmeir, and the French, no doubt, with fatis fa<ftion, 1 hat General Clairfayt has resigned the com mand of the aimy on the Rhine. Whether his rcfignation hag proceedrd from choice; from a hopelcfs profpeft of the war ; or whether he has been difmilTed for ftifpending holliiities, are ques tions which we are not yet, and perhaps never may be, prepared to answer. Caijton Falmouth 'f *" H * i ' ie ' oi! of vJc Vd'.ia was t(, e g?ii'-jx:-t ---maj w'io was here for <o days to a cue{identi»t ■! million, :md who took ftis departyit' osj Monday after Mr. Grsy'j motion, M, t ) e Van* : daia'.s a lir.eal drfsent fr«Bh an, emigrant family of f G'S'it in Scotland, tliat follow e4 thf furtmies of' i the teciied lioufe of Stuarr, and hi# lon's pafliwi* V-.i;UtK >n~n the Directors ai>d tiie Duli? gf JVtliti.it I vv.'oi" name of the Grant. c iter, lay, Admiral Darican balttcd his flag on boai"d • t K e rof 74. gnns in the Downs. A i-rft. -cii vitrtci i(n"p, with 240 Brtlilh troops. 04 board, isjfk.'® 1 u :i 'ranlport in the NffdtSerrancan, lately p".T rtTl i- , when, as there Vvas iioFrsr.ch, Omfiil in that y "" *>', P rin " C) ' Brazil <t?ve nr, ifers Uit the I - h ~W r mandfint fhoulri he fur* nifhwd wi. h b.? /S'ght want to reftt ftwtt the rojai at,fenai. ; The mailers of the <fi«u > rt late co »voy from the Leeward Ittih.dl have 't'i*rited Thompson with an elegant gOt- ' [ ed f word, as an acknowledgment of the very amy 1 ' 6 and sfliftancr aiforded by him to the wV ' c !! * pafiage home. _ ' The uwder-writers at Lloyd's have tdSit. approbation of the conduct. of Capt. Bwrlt<V '» by presenting him with a beau iful Vase or Cup, , va " lited at 200 guineas, in conlidc ration of the a&i rjiy' and zeal displayed by hint fliice he has commanded his present fliip. Tkjs cup is of lilver beautifully gilt with bUriiilhed gold j it i< ornamented with dolphins, bull-ruihefe, and other naval trophies, Bacchus and Ariadne form the handles, and at the ' top is Neptune with his trident. The following infeription is engraved tbereort. " Lloyd's, Feb. 14, This cup is preiented to CAPT AW GEORGE BUR. ETON Of his majesty's fliip Lively, By the Underwriters of London, As a teflimony of their sense of his great zeal in pro« teiling the trade of this country. Firftj by his per* fonal courage, and more particularly by the activity with which he has repeatedly resumed his Italian, 5U?r returning into port with his pnztf,'' PORTSMOUTH, Feb. 2j. The Prince of Wales man of w»r, of 90 g«n%, Ad« miral Harvey, with mofi of the men of war at Spithesd, under his command, are ordered for fca, as soon as poflible. Four of the members who fat on the trial nf Captain Norman are taken off, a thing, it is faidj nevtP known before. Arrived at this Port. 1 PAYS, Ship Ohio, M'Laughlin Greenock 33 " Schr. Angelina, Bees, St. Simon's, Georgia io Anna, Howard Wilmington 8 Sloop Maria, Jackson Philadelphia 6 Maria, Timberfon < ' St. Croix 15 Hope, Kenny Port-nu-Paix 15 Capt. M'Laughlin, of the Ihip Ohio, in w davs frenj Greenock, on jfith March, lpoke the brig Abigail) from Liverpool, bound to Philadelphia, long, J3, lat, 40, 35—<33 days out. r \ lie ih-ip Fanny, Cspf Braine, failed the fame 4?y with the Ohio. The &ip Atlas, of this port, i; alb ore pn {he weft bank. NEW THEATRE, ijoora'o'f refp» Af»lly .informed, that t*h« PIVE, and tlii Cm i mi i in jn i i il'i'ijl'lf fp i ""f, o'clock, for the remainder of the Ssafcwt. MONDAY EVENING, April u, Will be presented, (For the lecond time) a relebrated COMEDY, written by Mr. Arthur Murphy, called All in the Sir John Restless, Beverley, Mr. Mo ret on, Sir William Bellmont, Mr. Wan-ell, Young Bellmont, Mr. Green, Mr. Klandfoid, Mr. Francis, Robert, Mr. Beetc, Brulh, Mr. BhJJett, Richard, Mr. Mitchell, James, Mr. Worrell, jun. John, Mr. Darley, jun, Lady Restless, Mrs. H'fritlork, Belinda, Mrs. Morrij, Clarifla, Mrs. Francis, Tattle, Mrs .Row/on, Tippet, Miss Qldfield, Marmalet, Mrs. Harvey, To Which will be added, A Musical Dramatic Tale, in two ft<SU, called j The Sicilian Romance; i Or, 7be Apparition of the Cliffs. at Covent Garden Theatre, London» with the greatest applaiife.] ~ o . - - J Ferrand, Marquis of Otranto, Mr. Morgan, Don Lope de Viega, Mr. Morris, Lindor, Mr. Marjhsll, Mr. Hdrqvooa Jiques, Mr. Mitchell, Sanchoj Mr. Warrell, Gcrbin, Mr, ff'ignel!, M.fs Solo:riort, Mr«. War re H, Clara, Mr». Qldmixon> Adelaide, Lady of Otranto, Mrs. Whitlock. The music composed by Mr. Reiriagle, The annual Election FOR DIRECTORS and a TREASURER of the Libra ry Company of Philadelphia, will be held at the Li brary, in Fifth-ftreet, on Monday, the second of May next, at three o'clock in the afternoon, when the Trea surer will attend to receive the annual payments. At there are several (hares on which fines are due, the owners of them, or their reprefentativea, are hereby no tified, that they will be forfeited, agreeably to the laws of the Company, unless the said arreaja a e paid off on the fifth day of May, or within t:|i days after. By order tf the l>irrcicr;, BENJAMIN, R. MORGAN, Surety. April 9, For BOSTON, The brig Neptune, conflant trader) PaNJEL RhdPES, Majler, LYING at Clifford's wharf, will positively fail on Thurf* day nc *t» has excellent apeemmodacions for paflTengcrs.—■ For freight or paftagc applv to Edward Stow, Jun, J No. 4j south \¥atc^-fcreet r .April 9, ♦ Wrong. Mr. Wbitlock,
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