Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, April 18, 1796, Image 2

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    NEW THEATPvE.
£T The Public are refp«&f»lly informed, that the
Doors of the Theatre will open at half an hour after
FIVE, and the Curtain rife precisely at half past SIX
o'clock, for the remainder of the Season.
_
Mr. Wignells Night.
On MONDAr EVENING, April 18,
Will be presented,
A celebrated PLAY, interspersed with Songs, in three
\ ails, (never performed Were) called
The Mountaineers.
[Written by George Co!man,jun ]
Oftavian, Mr. Moreton,
Virelet, Mr. Green,
Killmallock, Mr. Marjball,
Koque, Mr. Wignell,
Muliteers, £ Me t irrs - Dar J e i' H ' a ~ re "' Ro! "
£ tins, and Roivjon.
I.ope Tocho, Mr. Francis,
l'erequillo, Master T. Worrell,
Goatherds, \ MeHVs. BUJfett, Dollar,
I and Morgan.
r Mrs Harvey, Mrs Bates, Mrs De
J Marque, Mrs Doßor, Mrs Lege,
remaies, < & ow f on> Miss Oldfield, Miss
MMourne, & Miss IVillems •
Bulcaziu Muley, Mr. Whitlock,
Oanem, ' Kr. Beete,
Pacha, Mr. Darley, jun.
Sadi, Mr. Harwood,
Moors, MefT. Solomon & Mitchell.
Zorayda, Mrs. Whitlock,
Floranthe, Mrs. Francis,
Agnes, Mrs. Oldmixon.
Previous to the Play,
A new OVERTURE—composed by R.Taylor.
The Mulic of "the Songs, Duetts, Glees and Choruffes.by
Dr. Arnold.
The accompaniments by Mr. Reinagle.
With new Scenery, Drefles, and Decorations.
The Scenery designed and executed by Mr Milbourne.
The 2d A-dfc will conclude with
A SPANISH FANDANGO,
Composed by Mr. Francis.
The principal parts by—Mr. J, IVarrtll, Miss Wil
lems, Miss Milbourne, Miss Gilajpie Mrs Demarque.
To which will be added,
A COMEDY, called
High Life below Stairs.
Lovel, Mr. Hlgnell,
Freeman, Mr. Beete,
Sir Harry, Mr. Francis,
Lord Duke, Mr. Har<wood,
Philip, Mr. Green.
Coachman, Mr. IVarrell,
Kingston,) Mr. Warrell,jtin.
Robert, Mr. Blijfett,
• Tom, Mr. Darlry, jun.
Kitty, Mrs. Morris,
Lady Bab, Mrs. Rtxwjon,
Lady Charlotte, Mrs. Francis,
Cook, Mrs. Bates, s
Chloe, Miss Roiufon.
In Aft 41.- A Mock Miniret.
By Mr. Hartueod, Mrs. Morris.
*„* On this Evening the Subscribers will be admit
ted as usual. •
*4.* Mrs. Whitlock's night is postponed.
(Pr There will be a Performance on Wednesday—
particulars will be exprefled in future Bills.
On account of the expiratiou of Mr. Har
"WOOD'seugagement, his night will be'on Friday next.
BOX, One Dollar—PlT, Three-Fourths of a Dollar—
and GALLERY, Haifa Dollar.
TICKETS to be had at H. and P RICE't Book-Store.
No. 50, Market-Street j and at the Office adjoining the The
itre.
Places for the Boxes to be taken of Mr. Wells, at the
Tront of the Theatre;
No money or tickeu tq be returned j nor any person, 011
any account whatsoever, admitted behind the fee [lei.
Ladies and Gentlemen are requefled to fend their servants
to keep places a quarter before five o'clock, and order them
aa soon as the company it seated, to withdraw a> they can
not, account, be-permitted to remain.
CONGRESS.
HOUSE OF REPRESENTATIVES.
Wednesday, March 16.
Debate on Mr. Livingften's resolution continued.
Mr. Findley was glad to find the present debate
coolly conduced. He hoped in what he should fay
upon the fubjedt to follow the example of modera
tion ; he fheuld not, he said, go largely into the
difcufiio.i, as it was difficult after so many gentle
men had spoken ably upon the fubjeft, to occupy
new ground. He said it was not Itrange that a va
riety of opiniens was held on so important a fub
jedt. There was a considerable difference in the
opinions of gentlemen who opposed the measure j
and he was glad to find they did not now infill up
on quite so high ground as they set out with. It
was at firlt said that the power of the President and
Senate to make treaties was unlimited; that that
house had no discretion in carrying treaties into ef
fect ; and that though they might have opinions as
citizens upon treaties, yet they oughf to have none
as members of that house.
It was somewhat remarkable, he said, that the
arguments used upon the occaflon, lay so widely
from the question itfelf. The motion was for cal
ling for certain papers from the President relative
to the late treary with Great Britain. He would
remark, that if these papers related to the affairs of
the UniSn, they had a right to them ; it was there
fore his opinion that the President had not a right
to refufe litem, if they were called for. There was
one advantage in freaking upon the subject in this
itage of the debate that there was not at firft. It
wad now admitted that a rcafonable 'conftruftion
was to be given to the clauses of the conftittition,
which were appaiently at vaiiance With each other.
His opinions on the fubjett were much the fame as
thoie of the gentlemen from Virginia who spoke fu
ably jrelierduy.
It was not dtmed, 1 e said, that all legislative
powers are veiled In Congrefs—r'uy arc fattly lodg
ed theie ; such as levying of ta*cs, regulating com
merce, &c. alio the power of carrying all those into
cflcft, and ciit tiler fotvrrs. The power of the Ex
ecutive, he said, had often been objected to because
ii vva» two Mteiifive, but he never before heard it
VIVAT. RESPUBLICA.
Governments must be pofTefFed of the priociples of
clf-prelervation. J s the taking away of power from
the legislative the bed way of preserving the oovern
mrnt u s the United States ? It would not do to tell
'J 1 * tha: because the President and Senate were
ilcctcd, & consequently representatives of the peo-
Jjle as well as tnem, that therefore they were fafe i„
their hands. Those checks, he said, were not made
f.r that purpole; and if the powers proposed now
to be e.labhfhed, were vested in the President and
Senate, they (hotfld have It fc security for their liber'
ties than G. Britain, less than almost any other na
tion. But if they conceived that they were of the
lame materials with other uatiuns; that they could
complained of as being too narrow. The business
of making treaties being partly executive, it was
not convenient that the power of making them
(hould be placed in the legislature, but it did nut
fullow that an unlimited power should be plated in
the hands of the executive. When the treaty power
was placedfin the General Government, it was ne
ceflary it should be paramount over all the conftitu
tions and laws of individual (tales, which gave rife
to the clause in the conditution, that " the conlli
tution, laws and treaties (hall be the fwprcnpe laws
of the land, any thing in the conftitutioa and laws
of any ilate to the contrary nat withflanding." Jn
one place it was said treaties made by " the Presi
dent and Senate," and in another, " under the
authority of the United States." How that dif
ference in the exprtffion happened he did not know.
By " the authority of the United States" it was
reasonable to suppose, that all the autliorify veiled
in any part of the government of the United States,
was meant. He believed it was fully in (.he power
of the President and Senate to make allfuch trea
ties as were authorised by the laws of nations : but
fi'nce the fixteentli century, commercia. treaties have
come into use, affecting the inu%nal concerns of
nations, by which a value is given and received
which was not before contemplated. The power
of regulating commerce was placed in the legisla
ture by the conflitutio.i. Foreign commercial re
gulations could not perhaps be carried into tffedl,
except in the form of treaties. But he did not be
lieve the President and Senate had the power to
form such treaties without theii consent; to be
lieve this, was to transfer the power which had been
placed in them by the con'ftitution ; forthey could
exercise it no longer than another branch of the
government chose to permit them. But, he said
they had not the power to dispense with, or trans'-
fer, their legislative authority ; it was a trust depo
sited with them to be exercised for the benefit of
their constituents.
He would enquire how far it was pra&icable for
the legislature to exercise the power placed in it
with relpe£t to commercial regulations. It had
been called absurd. But if fads and experience
were recurred to, it might no! appear so. Heil&uld
be told that they were not to be influenced by the
conduit of foreign nations. He believed that trea
ties in every country must be made by the-Sove
reign authority, He ill what hands it will, to give it
validity. It was not long since that limited go
vernments made treaties; but since it had been the
pra&ice, all fueh governments give to treaties the
fandlionof sovereign authority. Holland and Bri
tain were mentioned as examples. Inconveniences,
he said, there were, but the business was by no
means imprafiieable. !
He said the gentleman just fat down had comba
ted the idea of a treaty being partly valid, and part
ly invalid. He mentioned, as an inftanee, of part
of a treaty being accepted, and part rejedted, the
treaty of Utrecht, the commercial part of which
was never carried into efFe&. It had been said that
the praftiec of Great Britain could be no rule of.
practice for them. It was objected that their con
stitution was made up of use and cudoms. He said
a pradlice founded on experience became the strong
er for being so founded. According as nations eorae
to understand their liberties, he said, in the fame
proportion would they grow into cenfequence.
Calcs would occur, he said, where commercial
regulation* would be necessary to be entered into "by
treaty ; but it was always understood that such re
gulations must receive the fandtion of that house be
fore they were in law. But this was denied ; arid
tho' it was not allowed that the Prefidentand Senate
could turn them out of their house, yet they could
do their business.
If doubtsiarofe on the conftruaion of the conlli
tution, the mod obvious meaning mufl be given to
it. If the d oft rine in- favor of unlimited treaty pow
er was to prevail, they could not remain afTured of
any thing but the fotms of the conftiiution. The
gentleman lalt up had said, if they checked the go
vernment any more it would (land ft ill. They did 1
not wish any more enecks, and thev had now no more
than was enjoyed by other nations. A great deal
had been said about the opinions held about the time
of pafling the conflitution. He believed the i.pini
ons then held were unfavourable to the extent of
powers placed in the President. Both the Fedtralift
and Fedcralijl Farmer supported the do&rines he in
lifted upon. It was said this was a new doarine •
he could not have believed that a contrary
opinion would be held in that house, had he not
heard it.
He referred to the Pennsylvania convention, in
confirmation of his opinions ; but, he said, owing to
some "range condua, the arguments used on both
lides of the queflion were never publi/hed—the ar
guments of the minority being fupprefTed ; on which
account, fucha number of fubferibers withdrew their
names from the newspaper which published the de
bate, that it was given up. That the legislature
had a check on the treaty power was not denied bv
any one. 1
The gentleman from Rhode-Island yellerday took
a new ground, with refpeft to the small (tales. He
wasfurprtfed to hear particular states mentioned, or
that it (hould be the interest of any ft ate to pass a
way legislative rights. This, he said, was the firft
treaty (except Indian treaties) made under the new
government, and it was important to have the point
of right fettled. Small states had an advantage over
large ones; they had more representatives in propor
tion to their numbers, and consequently more power
in the government. He did not suppose any d.fcri
minarion would have been attempted between differ
ent states of the Union.
not always have men of inflexible virtue in their ex
ecutive they ought toexercife that jealousy of pow
er which may be fce.n in various parts r-f the conli
tution. He was not even sure that all the
with which, their government was poflclleu, were
fufficient to guard against the encroachments of
power, rt was his opinion that they ought to have
a formal check over the President. Th«s was what
lie had always contended for.
A number of arguments had been made ule ot
which had not been replied to, and which he ap
prehended would not be replied to. A gent email
from Maflachufetts had made a comparison between
the members of that hoiife and those of the Sena.e ;
that the latter were men of tried patriotism and vir
tue ; but that the former were obfeure individuals
from remote parts of the Union ; but, he said, if
matters were examined there might be found ex
ceptions in both cases If the gentleman rises again,
he begged he would fay what use he meatit to m<ike
of this alTertian, and then he would make him a
reply.
It was said, that if a treaty of peace was made a
war mijjht be declared the next day ; and, he said,
if they had the power to declare war, might they
not do less ? It «-ns aflted whether the treaty was
not law in G. Britain ? He said if Parliament had
approved of it, it was, and not else.
But, to have done, he did not think any wne meant
to give the treaty the fame discussion, as a bill,—
Was it not to be ftippofcd, th't that house would
properly conlider all the circumllanccs relative to
the business ? Gentlemen were willing to allow
them a found discretion, and it could not be expect
ed they should wish to hinder the execution of it,
if it were not evidently calculated to be greatly ini
mical to the interests of their country.
[Debate to he continued.]
Salurday, April 15.
Mr. Swanwick presented a petition from Charles
Caldwell who had been a prisoner in Algieis, and
had paid, by the afliftance of his friends, 2000
dollars for his ransom. He prayed for a re-imburfe
ment of that sum from government. It was read
and referred to t.;e secretary of state.
Mr. Gallatin called up the resolution which he
laid upon the table on Thursday for t>>e appoint
ment of a committee to enquire of the bank of
the United States whether they Were willing to let
the sum of 3,800,000 dollars which they had ad
vanced to government by way of anticipations,
remain on new loans as tafual.
After some obfervatio'ns on the nature and pro
priety of the enquiry from Meflrs. Gallatin, Swan
wick, Hillhoufe, Harper, Sdkgwick, and Living
fton, and the sum being Itruck outj it was agreed
to, and a committee was appointed to carry the
enquiry into cffsdl.
The house then rcfolved itfelf into a eommittee
of the whole on the state of the Union, and Mr.
Muhlenberg having taken the Chair, and read the
resolution for carrying into effedt the treaty with
Great Britain. Mr. Nicholas delivered a fpecch
against, and Mr. Swift in favor of the resolution.
The committee then rose and had leave to fit a
gain.
Mr. Goodhue moved that the houferefolve itfelf
into a committee of the whole, on the report of
the committee of commerce and manufactures on
the petition of the Boston Humane Society and
others, which they went partly through, but not
having finilhed the business, they had leave to fit a
gain. Adjourned.
EXECUTIVE DrRECTORy.
PARIS, 2d Nivofe.
The executive dire&ory to the mmiflers.
" The executive diiefto'ry, Citizen Ministers,
have thought proper to recommend by means of
the Minister of the Interior, 10 all the adminiflra
tious under his fupeiintendancfc, a severe economy ;
they are particularly prevented from creating offi
ces or employments which /hall not be of demon
strated nectflky-, they are forbidden in a word to
go into any expence which (hall not be absolutely
necessary to the public service ; tiiat which the
exeeutive diretlory have recommended to the minis
ter of the interior ought equally to apply to the
different parties who are conne&ed with each of
you. But, citizens ministers, the true means of
coming at this salutary end is not so much by or
dering as by fitting yourselves the examples. Ii is
in the luperior adminiflration that the molt austere
reform should be established, and presently every
other will model themfclves after them. Too long
did a confpiting court and the factions that suc
ceeded to it before the eflablifhment of the lepub
ic create a crowd of useless employments, and per
mit horrible depredations to raise up a set of crea.
tures, or to fatisfy powerful solicitations, and even
yetacr.nvdof ulelefs men fill the offices, for no
other realon than to spread corrupting luxury and
devour the substance of the Hate ; it is no longer
possible to fuffer such corrupting abuses.
" You certainly have not yet had time to re.
lorm them, bin the moment is at length arrived,
to cut them off with a prompt, inflexible and steady
hand j the executive directory trusts you will era
ploy all your efforts in seconding this their im.
mutable will, and their indefatigable fuperinten-
" In free countries, government owes to indi
vidual, the example of order am] of economy, vir
tues with which public felicity ajid pnvate happi
ness can never have exigence. Decorum and a
digmty proportioned to the extent and »pulence of
Ration, are neeeffary, it is due to „ ie J il|tenance
thp ° C ' a , ' I b . ut we a °g>* not to confound
; 3 parsimony in the number and
n the tram of peifons employed in the offices, that
he nation pays not to represent but «o serve it,
heir labor, ought to be honorably rewarded anH
he.Halarie. fuffi clcnt ta the m< J enance
families ; but they ought not to become a fubjedt
nuhl r °".' an d dif ° rders > a " d to bring th/rc
public to rum by an mordina.e expence. S
liefe principles, citizens mioifters, 2re ro
dottbtour.; animaied like us with .he defi'e of
favnig your country you feci how much it is incum
bent upon you to give to the public mind it, true
° n on a p oUlt so capital, and to pu, at thc
r ime lime every pit of the adminiflration 0 f t ), e
epwblic into fucK order that the annual revenue'
ihallat last f irpafs the expences, by this meant He
(hall restore confidence, and with it credit.
" It is in order to fulfil this object without the
(hortelt delay, citizen* miniftcrs, that the executive
directory charge you forthwith to fulrait to their
infpeaion the number, and the exad compofctions
of your offices, as wcli-as the names of all the perfoi,
that are employed there, a note of the business
with which each person is charged as we!! as the
amount of his salary and appointments. Piefcntlv
by a powerful concurrence . f miud and adtio,,, the
expenses of the adminjftratiori will |> r rescued with
in their jult limits, and its aflivity will he doi:l ,Vd
by the simplicity of its proceedings, but at the fame
time,citizensmiriilttis, the diicftoiy think it their
duty to recommend to you flro.gly to maintain
with the greatcfl severity this order when once e
stablished ; not to forget that a civil officer ought
not to be removed when he discharges his duties •
and that no fear, no hope, no solicitation, though
it might be made by meh the moll eminent in their v
funaions and powers, ought to make you deviate
from the line which will be pointed out for the
good of the country. .
(Signed) REWBELL, President.
By the Executive Directory
La GARDE, General Sec'ry.
December 13.
If we may judge by the last letters from Basle,
the return of Monsieur Barthelemi will not be the
means of suspending the negociation for percc (
This minister has been' forfometime ufeltfs at Basle
as the other Plenipotentiaries had left the place.
The Envoy# of HefTe Caflel, Wurtembetg, and the
Palatinate took their departure 011 the 7th of De
cember; the Prussian Ambalfador with all hitfuite,
left it the Thursday after, and he was to be followed
immediately by all of the agents from the different
Hates of the empire. They give as the oiienfible
I reason for their retiring, the hauteur and the exeef
five demands of the French, but the better reason
without doubt tho news of the late events u
pon the Rhine.
December sr.
Tiie Journal which, without being official, approach
es nearest to the official Gazette, has, on the occasion
of the King of England to his Parliament, piinted ob
servations, the tone of wfrith announces that they had
good authority for their insertion.
" If the English Minifler doe.s net deceive the peo
" pie," fays this Journal,*" if he is f.ncerely defirotij
" of Peace, it will be easy for him to obtain it. ft is
" certain that our Government, touched by the tefti
'! litanies of affeaion of the English people towards
" the French, will consent m lieu of all reparation and
" indemnity to the refpeilive restitution of France and
<c Hoilaftd, which are now* in the power of the F.n
---" glifh, and will not require from their Miniflry any
" other thing than that they (hall no longer interfere
" with the interior Government of France and Hoi- .
" land, nor in the war in which they are engaged wirh
" neighbouring powers. The French .Government in
" shewing these difpoCtioni so pacific, they yield only
" to the desire which has been frequently majiifcfttd
<( on the part of the nation, to live in peace and fra
" ternity with the English people, and to their hope
" that the union of these two People might in time
« bring about the tranquility and happintfs of Eu
" rope."
Here then we fee the two Governments exprefling
their desire for Peace, they will not employ tllemfelves
we suppose in laying down the foundations and draw
ing out the terms: this is a task which may require a
considerable time, and during which there may still
flow a considerable torrent of blood.
Theprccefs cf Cormatin isfinifhed—he is condemn
ed to exportation ; two of his accomplices ire con
demned to imprisonment until Peace ; the others are
set at liberty. This fenter.ee was, no doubt, dictated
by political eonflderations of great importance ; they
could not forget in pronouncing on the fate of Cor
matin, that the whom he commanded, are
not yet totally lubdued, and they have Republican sol
diers in their hands.
NEW-YORK, April ,4.
It is said iu Spain, that the King lias it in con
templation to diminilti the number of religious or
ders, and to apply the property to more uff. 1 pur
poses, than the fuppoit of Monks and Friais.
While France continues to be diftrafted with
parties, pejhaps as violent as evej - , it is evident that
(he has gained something in the stability of her go
vernment, by a division of her legislature into three
branches. Imperfect as her conflitHtionJis, it is a
great acquisition ; and by balancing parties, it may
prevent the bloody triumphs of either.
With these fa£ts before all the world, there is a
party of men in America, wet-k or wicked enough
to strain every nerve to demolish this balancing
powet of our government, and to draw all the au
thority of the nation into one house. If the late
attempt of the House of Represent lives, in Con
gress—to usurp the rights of the other branches—
and concentrate in themfelvcs powers expressly veil
ed in the President and Senate, doci not alarm the
people of this country, and convince them that the
molt violent preachers of liberty are rank tyrants at
heart, it mult be beoatife they are still doomed to be
the prey of hypocrites.
JUST PUBLISHED,
[Price 25 Cents]
By Samuel H. Smith, N°. 118} Chcfnut-Jlreet,
LETTERS
OF HELVIDIUS:
In reply to Pacifici/s, on the President's Proclamation
of Neutrality.
■djcribed to Mr. MaDISON.
■Lately Publi/hed,
Pacifieus—Political Truth—Paterfon's Charge.
In a ftiu Days <witi be publifoed,
[Price 45 cents]
ARE FIE If of the QUESTION—In whom has
the Conflitution veiled the Treaty power ?
By a Senator of the United States.
April 18. iaw'4w.
W A N T ED,
TAnd suitable wages will be given
O a white Woman COOK, in a family without young
Children, and where several other Servants arc kept.
Apply to the Printer.
April 18. t f.
t~cT s~r;
\ TICKET in the WaJhiugton Lottery, No. 17901. —
X Any person having found the fame is requested to
leave it with the Printer hereof.
April i a. ». t