stocks
7* ? r - T Ceci. 17/10 "Jint
i nire per tent lt y"6 o ji'.
Uefcrred S.x per Cent. -- - zyi»
per Cent. . . - xijS
PVNK 'United State*, ... .* a«, pr. cent.
Fennfylvania, ...... 23 2;£
North America', - - - - - . 48
1 .urance Comp. North-America, 15 dols. or 50 pr. cf
~ Pennsylvania, ... I 4 * ()r . tt
• iixcuAN'GE, at 60 days, ...
NEW THEATRE.
£jT The P.ib% are refpeftftilly informed, that the
Doors of the Theatre will open at half an hour after
•:MYJ% and the CuiUhi fife precisely at half jiail SIX
c cLcfc, far the rcrpii'ider of the Season.
MONDAY ErUNING, April n,
Will be prtfented,
(For the second time) a celebrated COMEDY, written
by Mr. Arthur Murphy, called
All in the Wrong.'
Sir John Reftlefa, Mr. WhitLrt,
Be verity, Mr. Mirelon,
Sir \Vitßam Bellmont, Mr. Wah-ell,
Young Bellmont, Mr. Green,
Mr. Rlandford, Mr. Frprtc:-,
Robert, M r . jß'fte,
Rrufl i. Mr. Blift'tt, ■
Richard, - Mr. Mitchell,
James, Mr. Worrell,)\in.
j° h n. Mr. narley. jun.
Lady Restless, Mrs. Whltlock,
Belinda, Mrs. Morris,
Clari.Ta, Mrs. F.> ancij,
r attio, Mrs.
Tippet, .Miss Oldj eld,
Marmalet, Mrs. rlar-cej.
To whi;h witlbfc added,
A Musical Dramatic TaTe, in two a<£ls, called
The Sicilian Romance;
Or, The Apparition of the Cliffs.
at Covent Garden Theatre, Lo.idon,
with the greatest applause.]
Ferrand> Marquis of Otranto, Mr. Morelon,
Don Lope de Viega, Mr. Morris,
Lindor, Mr. Marfoally
jyiaftm, , Mr. Harwooil 9
Jaques, Mr. Mitcbclly
Sancho, Mr. XVarrell,
Gerb n, Mr. Wignell,
Julia, Miss Solomon,
Alinda, Mi Warrell,
Mrs. Oldmixon,
' Adelaide, Lady of Otranto, Mrs. Whhlock.
The music composed by Mr. Reinagle.
BOX, One Dollar—PlT, Three-Fourths of a Dollar—
Haifa Dollar.
X
TICKETS to be had at H. and P. RICE's Book-Store.
No. 50, Market-Street; and at the Officeadjoining the The
ttio.
places for the Boxes to be taken of Mr. Wells, at the
Front of the Theatre.
No money or tickets to be feiurned ; nor any person, on
any account whatloever, admitted behind the scenes.
Ladies and Gentlemen are requeued to fend their servants
to keep places a quarter before five o'clock, and oider them
ns soon as the company is seated, to withdraw as they can
not, on any account, be permuted to remain.
VIVAT RESPUBLICA.
Canal Lottery Office,
Ntar the Bunk of th> United States.
Philadelphia, sth April, 1796.
r T~HE Public are Tickets are Thirty-one
■M- Dollars each, and will continue to rife a dollar at
least every other day. As the Lottery is near ftvs-fixths
finiihed every day's drawing must greatly enhance the va
lue of Tickets 011 account of the'live stationary ones of
One Hundred 'Thrufand Dollars, besides the 30,000 dollar,
and other confiderjble prizes still in theWhrel.
Win. Blackburn, Agent.
STATE of the IVHEEL:
1 prize of 30,000 - - 1 30,000
i do. 20,000 -, - 100,000
1 di. ?,JCo - - 5,000
4 do. 1,000 - - 4,000
3 do. 500 ' - - 4,000
16 ilo. 100 - - 1,600
With a proportionate number of 11 dollar prizes,
A Check-book kept at the Office for examination and
rsgiftenng. §
The annual ttleftion
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
fbrcr will attend to receive the annual payments.
As there are several Ihares on which fines are due, the
owners of them, or their representatives, arc hereby no
tified, that they will be forfeited, agreeably to the'laws
of the CcSmpany, unless the said arieajj a e paid off on
the fa d second day of May, or within ten t^ays,after.
Lv> or-!:, f fid Vii , ",rs,
BENJAMIN R. MORGAN, Secretly.
3aw.
April 9.
Pennsylvania Hospital.
THE Ehlinn will be held at the Hjfbital pursuant to
law, at 3 o'clock 111 the afternoon on the second
day of. the fifth month next, being the feeond day of the
week, at which time the Contributors are ddiredto attend
to choofs out of their numb-.r Tivelvr Mar- en and a
'Treasurer to the said Inllitution fct the ensuing year.
By order of a Bftard 0* Managers,
SAMUEL COaTHS, Clerk.
4th mo. sth, 1796. §
To the Public.
AT MR. O'F.LLER'i HOTEL.
A French Miniature Painter refpc -liully ofF.-rs his fyn
- A- vices to the I'uhlic, and hopes that the moderation
of hi> terms, the very ihort time of his fittings, and the
rate pi his abilities, will induce his vil tors to become his
patrons.
CGNCLK T
OF FOCAL & INSTRUMENTAI MUSIC.
R. TAYLOR,
i") ESi'ECTFULJLY inform, his Friends, and ti.e PuS
i-V lie, his beafit Concert will be on rhurfdiy, the
Oi the present month, April, at Mr. O'Eli.er'* Hotel.
A B md of the rnoft eminent lnilrumentai Perlormcrs
»r:U be engaged.
The Vociii P.irt by M : f»Huntley, and R. Taylor.
Particulars wiil be made knownin dtii time.
April 4 , t.rh&s*.
WA NT £U,
Several Apprentices to the Printing
is ifinefs Apply at the Office of Lhe Ga?ett€ of thf
Uuketl States, Ko. nj, Chefuut-llreet. j
l'ib. 13,
G O N G R £ ;» S.
HOUSE OF RZPR.ESEN PATIVES.
Monday, Match 15.
Debate on Mr. Livingftsn'j rrfofution continued.
Mr. Brent's fpee«h—concluded.
He then cited tlie sentiments of another member
who was alfa an advocate for the adoption of tti'e
coiff liutiun.
" The hon. gentleman on the other fide,
te)ls us, that this doctfine is not found, be'caufe in
England it is declared, !h it the confer.; of Pailia
metit ia neceflfary. Had the hon. p-entlcman used
his tifnal discernment and penetration, he iroidi) fee
the diffeience between a commercial Treaty'and
other Treaties. A commercial Treaty mud be
lubmitted to the coofideration of Parliufcent ; f>e
c«tufe such Treaties will render.it neceftary to alter
some laws, add new claufea to foitie, and repeal o.
thers. Jf this be not done, the Tiwty (s void,y« -
ad bos . The Miffilippi cannot be difmembH'ed but
two ways—by a common Treaty, or a commercial
Treaty. If the in .'ere ft of Corgrtfs will lead them
to yield it hy the firft, the law of nations would
jullify the people of. Kentucky to refill, aftd'the
ccfEon would be nugatory. It cannot then be sur
rendered by a common Treaty. Can it be done by
a commercial Treaty i If it Ihotild, rhe confeni of
the Uoufe of Repreprefentativvg would be.rtq ii
fite ; because of the cOrrespondent aheia'ions that
rnuft be made in the laws, [Here Mr. Corbin il-
In (baled his polition, by reading the lalt clause of
the Treaty with Fiance, which ifivrs certain com
mercial privileges to the fubjeits of Fiance ; to
jjivefullcffed to which,certain coriefpon le it .'iltcra
'ions were necefl'ary in the commercial regulations. J
1 hi*,con:i( u d e, t?ure& Legifutive interfere: c<\"
He mentioned a third authoi-ity fiora liie fame
lurce.
" 1 think the argument of »lie gentle
man who leftrainfcd t!ie fupitmicy of tlsefc to the
laws of partiYiiTar Slates, and not jo is
rational. Here the ftipremacy of a Treaty is too.
trailed wilK tlie fupiemacy ot the laws of the ltat.es.
It cannot be other wife ftipreme. If it dots not
fuparcede their exitting laws as far as they contra
vene'its operatian, it cannot be of any effect.'-'
It wag at th.it day the cppofers of the conftiui
tiou who infifhd, that the ' cuiillitutiou .".aye ihe
Prefidejit and Senate the unqualified power of mak
king all i revues, „and they contended that this
power would work the overihrow of liberty. If
the public fenriment of that day is to be recurred
to tar an expofiiion of tfee conltituiion, he withcd
to know whether the frntimsnts of the majority or
minority were to be recurred to? Unless the gen
tlemen would prove that the minority, gays: ou that
occafionthe true exposition of the conllitution, the
sense of the majority rr uit be conlidcred as expres
sing the wilhes of "the people, under the opiuion
which caused the ratification of the inilrumcnt.
The committee had been told, however, that tlie
deliberations of the North-Carolina convention bore
a different afpcft : But here the <jeutfemen had
been equally unfortunate in their quotation, for
they had cited the fcNtiments held out in the con
vention that did not ratify the conflittirion ;; that
that convention was dissolved before the conitituti
on was adoptod j that another met, who received
and ratified it, and a worthy representative from
North-Carolina now in Congrefe, who wfts a mem
ber of the convention has informed, that the cen
ftru&ion given to the Treaty power by the friends
of the instrument in that body was the one contend,
ed for by the advocates of the present motion : The
fit it convention who misconstrued the Treaty pow
er broke up without fandlioning the instrument ;
but the second, who conttrued it differently and who
ratified the conllitution mud undoubtedly be con
lidered as having really exprefled the sentiments of
the people.
Me ya# surprized, he said, that gemlenjettfliould
conceive tbe conftrudioa now contended jEiriir as no.
vel, that the member from MafTachufetts- fhUld in
so earned a manner dechre, that the it
novel,'when by recurring to the very tfebaies he
produced, the conftrudjion was unequivocally laid
down. To, make the aflirtion he milft entirely
have loft fight of the various dehates and Writings
of the day. He wpuld quote a paflage frctfn the
work of a diltinguifhed writer of thedayi'Oflfo was
M» appofitidll to the adoptioir of the toiiltjtution,
bjltwjio thought he made various obje&i'cms lo the
iflttrument and appeared felicitous to tirid fault, yet
conftriwd -the part ps the conflitutirtri no'w.'under
consideration as the friends to the motion do! He
meant the Federal Farmer. The ; following-.is the
paflage he quoted.
On a fair conftruftion of the constitution,
I think the has a proper controul over
the Prehdent and Senate, in fettling commercial
Treaties:—By one article, ' the Legislature (hall
have power to regulate- commerce with foreign na
tions,' &c. and by another article, ' the Prehdent,
with the advice and consent of two-thirds of the
Senate, (hall have power to make Treaties.' These
clauies mult be confidercd together ; and we ought
never to make one part of the fame instrument con-,
Uariict*anotfeer, it it can be avoided bv any leafon
* cOnftrufition. By the.fitft recited clause, the
Legiflatuie has the power, that is, as I tiadcriland
it, the Jo/f power, to regulate commerce with fo- 1
irign nations, or to make all the rules and regula
tions reipeCting trade and commerce, between our
citizens and foreigners. By the second recited
clause, the Pi*fidcnt and Senate have potver gene
rally, to make Treaties'. There are several kinds of
tea-ties, as Treaties of Commerce, of Peace, of
Alliance, &e. I think the words, ' to make Trea
ties,' may be confidently construed, and yet so" as
il (hall be left to the Legislature to confirm com
| inercial treaties. They are, in their nature and
operation, vety dtftfnfi from Treaties of peace and
ol allumce. The latter generally require (ecrecv ;
it 13, but very leldom they inteifere with the laws
and internal police of the country: to make them,
is properly the-e*.erci.fe of exet-iiiire powers; and
the cou'titutiou authorizes the President and Senate
to make treat,'arid gives live Legiflaturcs no now- i
er oir*cliy or iiidiredly refpc&irg thcfc treats of!
pcae? and aHiaiiyc. As wealitt of cftawnerce,
tin d opt geiiCrtilij' scquite fecre< y ; il.cy aluioft
always involve in them l/Sgifiative powers ; inter
i fere wfjji tht laws and ii::einaJ police ps the coun
try? and tjpfrstt immediately on persons of pro
p.ity, efpccially in coinipeieiat 'owns; (' 1 hey
have in Great Britain usually been confirmed by
Parliam* nt Tlieycftnhd of rules and
refpe&ing commerce ; ' and to regulate commerce,
or *.o make regulations refpe<3ing commerce, the
Federal 1 ,egiflatiire. bv the Conllituti n, has the'
p')wer« I do not ice that" any commercial regulati
ons can be made in treaties that will not infringe
tiitob this nower in the Legislature.' 1 lierefore 1
infer, that the true conHruction is, that the Presi
dent and Senate fKall make ueaties : but 4 all com
mercial treaties shall be fabject to be confirmed, by
the Legiflatnre. This conllruftion will render the
clauses ctnjijlcnt, and make the powers of the Presi
dent and Senate, refpeciing treaties, much less ex
ceptionable."
He contended thaf the power of making Trea
ties and of into foreign negwiiationj did
not imply a power of making them. laws of the
land ; and that if the conltitution meant to pldce
constitution, laws and Treaties on the fame fopting
and that thePrelident and Senate could repeal laws,
and change the conftiuition, that inilrument was
moniiious indeed, and it ii had been (o tinderHwid
could never have received the ianction ot the dif
ferent conventions. It was .ratified under the im
pression, that the Piviideni and Senate had the
power of oii,;iii itil.g TnaUci ; but that wluu
they involved confideratx ns, thevdid not
beeom- Tnietiei. under the authoiiiV of lite Unit
ed States until ;hey had been ftibmitted to the le-
gill;!'lire.
had averted, that if the cnf!ruflon
of the friends of the refolntion pre. ilcd it yiou i]
be difficult to regulate our foreign conferim. lie
could not fee the jjltj'ce ot this remark ; for the
Treaty power had becrt extaifed unfair tbefe mod
iiicatioiis in Great Britain, and it had not been
found Jefetlive in this paiticulai. Indeed, lie ob
served, it is tfiote to !>e~exj>ected, '-hat this
would not have been brought in as an argument, as
the very treaty now in qnelh'on will (tand in Great
Britain precitely on the touting here contended for.
He might have rtcoftrfe, he faitf, to the pam
phlet called the Federalist as another authorsy to
prove liis. co;:f!ru£i:on. He. exprefled his liltprifc
thst the jjcotJetr.an from Mnfl iiliufvtts Hiuuld never
have l ea-d of these opinions and authorit" s- The
debates of the Pennsylvania Convention, he under
stood, were analogous to those in Virginia.
1! the President and Senate pofiefs tbiv unlim
ited treaty nuking power, what Security, lie a/ked,
have we for our rights. He was not referring,he
(aid, to the perfSns now in office, who might be all
virtue ; but he was speaking of the confeqnerce ol
the principles, Tho' the PreGdent and Senate ol
the present day might r.evi r make an improper ufc
of power, what might occur at a future day
mould be adverted to, ior the coniiitufion wafi noi
intended for the present day only, bu. for fatuii
times. As highly as he valued the President, ai
much ns he felt for the great fei vices he had render
ed— yet even he, he would not trull with such ui
ounded
Unl+m+teti
po\A cr.
nipt the, pu reft heart, and he wished to do nothing',
thai coti'd call a (hade over that charafler whicl>
had been the admiration of ths intelligent world..
But liberty, he contidered, as the best gift of hea
ven to man, and he did not wi(h to hold it by the
enrtefy of any man.
The amendments proposed by the convention of
Virginia were cited as proving that Virginia saw the
constitution in the light Contended for. If they
are attended to, he conceived, they could not afcet
tain the fadt. 1 lie amendment in question goes to
providing, that no commercial treaty (hall be con
cluded without the confem of two thirds; ofthe
lower house ; but surely this does not go to prove
that they conceived the house had no voice in those
treaties directly or indiredly.
If it be admitted that the President and Senate
can make treat.es which ipfo facto become laws of
the land, without any atfent of the houf*, without
their being able even to e'xercife their difcreu'on in
making appropriations, then <Jie house ate a mere
body for form fake. The advocates of this con
ftruflion had dated as an example the cafe of the
judges ialary which the con(litutW declares Hiall
neither be inc.eafed nor diminithed while they re
main in office, and iliey contended, that the house
could no more rclufe appropriations to carry a trea
ty intoeffeft, than to refute to make provision for
thefala.tes of tUofe judges. There was, he con
ceived, a material dithndion beiween the t,wo cases
.In the tirjt the house wcrobound by no confti.t.tion
al tie, in the latter they lay under , R express in
junction of the conftit'i'ion, from which they could
not depart without perjury. When there i s a con
uitutional injunction to appropriate, no difcietion
is iett to the le S iflattwe ; but when even a law is to
be carriedi into effed by an appropriation,the house
may withhold it aud <hus inrine6% repeal the law
1 he contention not only intended to veil in the
house tins discretionary p OW er of repealing a l ? w
by refuting appropriations , but it was so attached
to it, that in one cafe, it cannot divest ittelf of it,
but is bound to exernie i, periodically : f ur f, tfie
cafe on the subject of military fo.ee ; and notwith
(landing the important light in which the conten
tion views this power () f appropriation, and the
j«.onfy with wh. h ,t ,s guarded ; yet Lme mem
ber, are haidy enough to ipfift.that it would he a
violation-ot the conltuutirfn to exercifo thi» ,!if cre .
t«o». If the houte ihould attempt to exercise this
dlfac.,™ when they are u„der a conditional in
junfhon to appropriate.hey would be departing
om the. conttitution , but if they „f e i, cffe "
he repeal of 4 ,aw they exercise a right the confti
union has given them, and of which they cannot
d)vcjlthemtelve 8 , and-a treaty cannot be looked up
on .nary other light than a.law. P
de recapitulated the features of the
prectdiujr remarks.
I .e adverted to the charge of treason which has
oeen thrown oi.t sga.nft the friends'„f the rtf.lu
t.on j and rcma.ked, that the conization be
violated by other flrpantneni. m { government a*
well lube .ta. rf U>»%. ,S, £
• v % "l>.
\ -*■:
one cefr it murt he ib the wlier. It was ,0j f 0 V
the President and Sen:,if that tie ri>nßitution
formed ; but for the people, to preserve theii lib
ties, and that conflitutnin would be infringed if \
intended check was done away by a Forctti
(truftion. To give a power not intended when the
londitntion was adopted to the President ami 3"
nate was as much overturning the eftabliflred ordrr
of government, as to encroach upon their authors
ty. The aim of every man should be to pr..f ti v .!
the happy mean ; not to fufFer any departmei i „
engross more power than it should have ; t«, (r '_
serve the symmetry of the fabric and keep th c '|
lance ; for which ever w?v it inclined ; whether *
too much towards demociacy ur too much tov - ,J.
executive snergy—in either cafe, the epithets
volutionary, disorganizing, & c , might be applie,'"
An iufinuation he remarked had been brJu.ri,,*
into view, both uncandid and unkind. It
luggefted, that the present motion was
forward, because the treaty is made vrjih Great
Britain. Why should member* impute toothers
improper motives. The insinuation he confideixd
asun warrantable and groundless. For his own part »
he was free to declare, that if the treaty » as tflc
best that could be made ; if it poured a ilrcsm of
wealth into the lapof our country, if made with
his mod favorite nation, and i' <va s -tt mptrd to
be carried into efFcft by a violation of the ,
tJtio.i he would oppofeit. Tho' a departures r ~n*
the conftitation at one tiW may bellow f omc tu ,
advantages yet he was firmly of opinion, that
lach aeviatior.s would go finally to its det;iudiun •
If a Single departure from the conflit>nio.i be 0.., '
permitted, the government will lubjeft it to con
stant violations.
He did not conceive, that the decilion of th f
present quert'on went to deride ary qrteftioti vmk
refpeft to the Treaty. Tho' the put; t refoVi.
011 Lie adopted he IheuiM (tifl fed iiiinfclf ;.t 1,1. 0
t<> confrdcr freely tl.e merits of the treaty when that
come* before the ho.use ; by voting for Uiit, rt-l. Ju
tipn be Ihon'd not con'fuier jiimfrlKcuttimilteiC ' TL
did n&t wish to make jip Iris nrfn-! [-.■» ..
hastily ; vvTien before the lioufe if advantageous lie
should it his afTent ; but die present is not a
treaty qtieflion, it is only a queliion irtvoittmr C er<.
tain coidtiMi'.ional powers 01 the I.egiflai t:re. Ke
was not prepared to give his fanftiori t» ihetrca-y •
but it upwu foil enquiry he found it for the inter
est of his country tlrat ii should be carried into tf
feft, he certainly would «ote for it; hut l*e mnft
confefs, that if the papers proposed to 1m; called for
were not obtained i» would make upon his mind a
disagreeable lmpreirion with relpeft to that inllro.
merit.
The committee rose, reported progress, and ok
taitifed leave to fit again.
[Debate to be continued.]
Saturday, April 9.
The bill fupplcmentary to an acl for providing a
naval armament, was read a third time and paffrd.
Mr. Holland opposed the passing of the bill in .
a speech of some length, in which he ver) forci
bly iirgedHhe impolicy of the meafurp. He infill
ed that two or three frigates would
attaticr~wini<.'m ar.le to make t.-
fiftance, and instead of gaining refpeft would o -
cite contempt fron 1 ! foreigner. He obje&ed to e
measure alio on account of the very great txpenct
it would be attended with, at a time, belaid, when
they were much Heightened for money, on the
motion of Mr. Williams the yeas and n ys ,vere ta
ken upon thepaffing of.the bill, as follows ;
YEAS,
Mefirt. Baird, Baldwin, Benton, Brarbury,
Bre.it, Buck, Claiborne, Cooper, Ciabb, De-it',
E-'. A- *?««■. D. Fofler, Franklin, Gilbert,
Gillefpie, Oilman, Ghrin, Goodhue, Goodrich
Gregg, Gnfw'old, liaj.cock, Harper, HaWiW
Hartley, Heath, Henderfon, Hillhtfufe, Hind
mah, Heifter, Kittera, Livingflon, Locke, S.
Lyman, Macon, Madison, Muhlenbergh, Malkcn
Milledge, Murray, Nicholas, Page, Parker, Pat
«*' Sherbourne, Jer. Smith,
\V. Smith, N. Smith, Sprigg, Swanwick, Switr,
I atom, 1 natcher, i homsj, 'i hompfon, Van A -
len, Vail CoitUudt, Varnum, Wadl'worth— 62,
NAYS. '
MefTrs. Bailey, Blount, Brvan, Burgess, Cal ell,
Chriltie, Clopton, Coit, Coles, Giles", Gallatin,
Hampton, Havens, Holland, Jackson, W, Ly
man, Maclay, New, Preflon, Ruthtrfoid, l.Smn'h
Venable, Williams— 23.
The bill making further provision for. pub
lic credit, and for the reduttit n ps the pnblic
debt, was read a thi*d time and passed.
A bill declaiing the a/lent of Congress to an
to be pasTed by t|ie r-f Massachusetts, for lay
ing a certain tonnage vessels navigating the
Kennebunk river, to defray the expence of eredliVf*
a pier therein, was read twice and referred to a
committee of the whole on wctk*
Mr. Chrillie said there wjs a great scarcity of
Indian corn in the country, and when he consider
ed that it would yet be nine months before the re
turn of a new crop, he beiieyt d it would benece/Taty
to take ffeps to'pievent, for a'i mi ed time, its ex.
portstion, as matiy poor persons depended U(.on
it almofl v\ holly fur food, pie ■ih.'refoie proofed
the i«JJowHig refoiution t« the confideiaiion of the
home :— ...
.vcfolved,Tnat a Committee be appointed to cn«
quire into the expediency of preventing the expec
tation, fr< m the Unired States, of Indian com, and
corn meal, for months." Ordered to lie on
the table.
1 tie bouse then rufolved itfelf into a committee
of the whole on the hill for enrr'ying on intercom!#
with the Indian tribes; when the motion fqr ftri-
cut the clai.fe which provides thst all pcrfon*
going the iand cided to tlie Indians, to mark
out or take polT;. l iuo ol it, fh«uid forfeit all right
o l ' lc f ' r,, e. Being uiiiirr confidtration a lcngtl y
•iebate t<a»k p.a, t. nd ihe n oiion vvas at length
loft, 32 to 38. Ihe committee rofc iind had lesvt
to fit again.
1 x Adjourned.
cor-