NEW THEATRE.
Towards the Kncresfe of the Funds for the fupp jrt of
The Philadelphia Dispensary,
—iULlifhed for the Relief of Sick Pcrfont in indigent
50® Circumstances ; and of
The Sunday Schools.
On WEDNESDAY EVENING, April ij,
Will be presented,
A CO Mll DY, called
'Every one has his Fault.
Lord Norland, Mr. Whithck,
Sir Kobert Ramble, Mr. Wtgnell,
Mr. Solus, Mr. Morris,
Mr. Harmony, Mr. Bates,
Captain Irwin-, M r . Moreton,
Mr, Placid, Mr. Green,
" Hammond, Mr. Warrell, jun.
Porter, r Mr. Warrell,
Edward, Mrs. Mar/hall.
La tyEleanorlrwin, Mrs. Whitlock,
Mrs. Placid,. Mrs.S/fKrw,
Mil's Spinster, Mrs. Bates,
MifsWooburn, Morris.
End of the Comedy, a Dance, (composed by Mr.
Francis) called
The Iri£h Vagary.
With an Iri(h Medlev Overture, composed by Mr.
Reinagle.
By Meflri. Lege, Wirrelj, j un. T. Warrell, Darjey, jua.
Mitchell, Morgan and Francis
Mrs. De Marque, Mrs. Bates, Mrs. Harvey, Mrs. Doc
'Or, Mrs. Lege, Miss Olijicld, Miss Ro'wfon, Mijs Ro zu
fon, Mijs Willems and Mi/s Mtlbourne,
In the courfeof the Dance will be introduced
A.LILT, by Mr. Francis and Mrs. De Marjque.
To which will be added,
A MUSICAL FARCE, called
The fct G M P.
Watty Cockney, Mr. Francit, .
Barnacle, Mr. Bhjjett,
Old cockney, . Mr. Warrell,
Captain Sightly, Mr. Mar/hall.
Prifcilla Tomboy, 'Mrs- Marshall,
Miss. Willems,
Madame Le Blond, Mrt. Harvey.
On Friday, a celebrated Comedy, (never per
formed here) caIIedTheDESERTED DAUGHTER,
with F'ntertainments.
Mr. Moreton's Night will be on Monday r.ext.
£5" The Public are refpeiflfslly informed, that the
Doors of the Theatre will open at half an hour after
FI'VE, and the Curtain rife precifejy at half palt SIX
o'clock, for the remainder of the Season.
BOX, One Dollar—PlT, ThreerFourths of Dollar—
and GALLERY, Half a Dollar.
TICKETS to be had at H. and P R.lC£'s Book-Store.
No. 30, Market-Street; and at the Office adjoining the The
. ttre.
Places for the Boxes to betaken of Mr. Wells, at the
Front of th^Theatre.
No money or ticket* to be returned ; nor anv perfou, on
anv account whutloever, admitted behind '.he scenes.
Ladtes and Gentlemen are requelled to-fend their servants
to keep places a quarter before five o'clock, and otder them
as soon as the company is seated, to withdraw as they can
not, on any account, be permitted 10 remain.
VIVAT RES PUB LICA.
40 Dollars Reward.
T OST, a Red Morocco Pocket Book, containing a
-L 1 number of Bank Bills, amounting to upwards of
jco dollars, two guineas, and one half Joe. Who
ever has found the fame and will bring it to the Cone
ftoga Waggon, No. 140, Market llreet, lhall receive
forty dollars.
April 26. *3t
LOS T,
ON Sunday evening last, between the Warren Tavern
and the city of Philadelphia, a memorandum POCK
ET BOOK, with a Bond inclosed therein for 1750 dol
lars, (as near as it can b recelleitcd) on James Dickey,
of the county of Franklin and state of Pennsylvania ; on
the back of fai-J. bond there were two receipts for part of
the money. Also, a Virginia military warrant for 400
acjes of land, assigned last to Robert Campbell, and a
platt and .certificate of futvey obtained by virtue of said
warrant, with feme other memorandums.
Whoever has found the fame, and will deliver it to the
owner, at No. 5, south Fourth-street, lhall have a gene
lous r«ward. April 27. *§jt
t«I 0 . 130.
D'lJlriS of Pennsylvania, to luitj
BE it rt-rrcmhered, that on the 4th day <rf April, in
the twentieth year of the Independence of the United
States of America, Benjamin Davies of the (aid dillrnfl
hath depofitcd in .this Office, the Title of a Book, the
right whereof he claims as proprietor, in the words fal
lov ing, to wit:
" The Political Censor, or.monthly Review of the most
" interefling political occurrences relative to-the United
" States of .America—by Peter Porcupine
In conformity to the Ait of the Congress of the Unit
ed States, mtituled " an Asst for the unconragcment of
learning, bv securing the copies of maps, charts and books
to the autljor* and proprietor-; of such copies during the
times tJierein mentioned." "
SAMUEL ,CALDWELL,
Clerk Dill. Court Pennsylvania.
April if. , - ia»'4w.
LAW BOOK STORE,
NO. 313, HIGH-STRkET,
A VERY GENERAL IMPORTATION OF LAW BOOKS
JUST OPENED.
GEORGE DJVIS's
collcdiou of the latest Irish Editions foe
i-j ing now arranged, he b«g« to offer them for Sale,
on the fame moderate ..crms, as have for fevcral years
past, fd particularly diftinguilhed them ; and to a(fur<
those Gentlemen who may favor him with attention, that
their orders from any d<uance 1 whether for a single vo
lume, ar an entire Library, stall be executed with the like
promptitude, and acknowledged with than'ks.
Catalogues for the present year are prepared, and
will be delivered on application
N. 3. A number ol Trunks to be difpafed of.
iwtfi April. m&t(jw *
- L E,
A FOUNT of BREVIER, half worn ; about four hun
dred weight. Enquire at the Oflice of tliC Gazette
c. the United States, >Jo. 119 Chefnut-ftrect
December I. §
ITb L E T,
A ' ar C e brick Dwelling-Hoiifc, No.
south Water street; poffiflion of which may be had
the 111 of July next. For terms apply at No. J49, south
frb'-t-ftreet. April 26. *eodlt
CONGRESS.
HOUSE OF REPRESENTATIVES.
It
Thwfdsy, March 17.
Debate on Mr. Iwingltsn's resolution continued.
Mr. Reed said he could fee no necessity for the
paperi referred to in the resolution. IftheConfti
tuiionaiity of the treaty (hould he qne-itioned, or
the proptitft.y of making appropriations ; these ques
tions he conceived, tllluit be determined by compar
ing the treaty with the Conftitutioti, mid by attend
ing-to those llipulatioiu contained in the treaty.it
felf.
It was not lii« intention, he said« so tron
bled the committee by fpealting on this qccafion,
but, perceiving that some gentlemen in the cotirfe
of the debate, had gone farther into opposite ex
tremes, _than he was p«*pared at ptefent to follow
them ; he felt as if he ought to e«pref» -his own
Sentiments, with regard to the conftiaitioiial rights
of that House, relative to the treaty in que&idn.
The treaty was undoubtedly nenociated, ratified
and promulgated by constitutional authority. The
Prelident, wit-h the advice and consent of two-thirds
of th.' Senate, was, in his opinion, unquestionably
that authority, which 1 he United States had autho
rized to make treaties. But Jtill, it seemed taken
for granted, that some agency of that Houfe,-in its
Wgiflative capacity, would be needeU, in order to
carry the aforefaid treaty into effett. A question
therefore arose, viz. Was that House, in all such
cases, bound and'obliged to put.so implicit and ab
solute a confidence in the Executive, or ia treaties,
as would render it entinety unnecefiary to have any
optnion of their own about them or the probable
ceiifcqneoces of their operations. For his part, he
said, if he had never seen th» treaty in contempla
tion, and were perfectly ignorant of its .contents ;
or if he fully believed as a citizen, that it was un
cdnllitutional, or calculated to ruin, or *er,y mate
rially injure the country, he (houltj- not hito
felf j nil i liable in voting to appropriate motvey for
thepurpofe of carrying it into efleii. It had been
conceded by gentlemen, that if a treaty were evi
. dently uncon/litutional, it would not be wrong to
, withhold appropriations j and, he conceived that a
treaty might poffi' ly be so.injurious in its effects,
as to juftify such a measure. Supposing such a
poUible event (hould ever actually happen, did wet
the right of refilling to legislate in fapport of the
• said treaty, involve the right of prerioudy examin
ing all tieati.es which need the aid of the legiflatOre,
and of judging for.-themfelves, whethei it would be
proper 01 improper to make laws for the purpose of
carrying them into effect.
In making treaties, the Executive would use his
own difcietion, keeping within the limits, prelcii
bed for him by the Conltitution. In making laws
the Legiflaturc mult use their own difcretiun, al
ways keeping within those limits and bounds which
the conltitution has fixed for them. He said, the
diforetionaiy right here contended for was, not the
tight of doing wrong. It was not tike right of vi
olating the conltitution. It was not the light of
supporting a treaty which ought to be defeated,
L nor of defeating a treaty which ought to be flip
■ ported. Rut simply, the right of judging for them
. fehes, whether 1 hey ought, by their own a£t, and
deed, in the character of legislators, to appropriate
by law, such sums of money, as should be needed,
in order to support an existing treaty, all things
and circumstances, feiating thereto, being luitably
exflmined, and properly confiderej. Peibaps it
would be objected that the eonftitution no where
expressly g :ve the legislators that right. He an
swered the right was not precluded but impliedi
and, in some refpe&s, evidently one of the original
and elfential rights of man, a law of natwe, prior
and Superior to all other laws j a law never to be
transgressed i:iany station whatsoever. Individuals
he said, in many cases at least, had a right to exer
cise their own difcietion with refpedt to the pro
, priety, of fubmittiug to a civil law, or of ri(lcing
the penalty, the consequences of disobedience-; and,
as a branch of the Legislature he believed they -had
a right to deliberate, and confnlt among other
things, the expediency and duty of making, or of
refufn-ig to make appropriations, even.iuihecafcof
; a'treaty. H appeared to him, he said, that in le
giflttting, tlw; legislature (ho»Id have this right of
. judging for themselves, with refptd to the proprie
. ly of making, or of refufing to make any law
whatsoever. In mo(t cases their duty would per
- haps appear plain and obvious; particularly in the
cafe of appropriating money, where a law, or trea
ty, a6t ually exilted. However, the obligation did
f not arise wholly from the circumltance of an exift
-1 ing law, but partly from the nature, rcafonableiiel's,
: and tendency of the thing itfelf.
A Treaty by constitutional authori
ty was, he contended, a solemn compact between
two nations. It was an important consideration ; !
but, he thought they roijjht, with propriety, attend
to other coniideratj'ons, for and againlt it, efpe
cialjy, when their own aid was required, in order
. to carry it fully into effect. This be conceived
was the right of the house ; and no encroachment
upon the prerogative of the other branches. An
appropriation was a fpecific sum, appropriated by a
particular lair to a particular purpose.
The, 'right of appropriating the public nooney,
was not a natural tight, but a right derived fro.,
the conltitution ; and the legiflatuie was t« exer
" cife that right according to the honelt dietary of
their own bell discretion ; excepting those inltanc-
I cs in which they were expressly rellricted by the
conllitution it ft'lf, ae iti the cases of compensation
for tlie services ot the President of the United
States j and, for the services of thejudges. Con
giefs might deliberate and act difcretionarily, in lla-
at hrft, tbeir fa la ties.
. With refpedto the jmlgee •if after their fala
nes had been dated, they (hould be deemed infuffi
., cient, Congress had a dilcretionary l ight to increase
th^m; but the conltitution said, they (hould not
be diminiPn.*', during their continuance in office.
With refpedt U» the President's Llary, Congress
I had no diLretionary right to make any alteration ;
for, the conltifution said it (hould not be increased,
J * 1 ' ' ...
- elected. Wit i regard to compenfatiorn and ap
propiiations in general, wherein there was no ic
ttri&ion, or limitation, ihc whole affair, seemed leit
to the discretion of those whom the joii.litntioi'
had authorized to tranfadt fnch bijlinets, He said
the cafe of an exiiting eltabiilhment, or law, might
be a very good reason, why each branch ot ihe ie
'• giflature, thould deliberate and decide witH pecu
e liar caution ; but, as the conttitution no where
i- expressly said, that appropriation:, {hould be. made,
<r in all such cases ; and as mat.kind had a natural
!- right, to.aiter their opinion or differ from others,
each branch of the legiflaturc, had a constitutional
right of judging for themselves, and of making ap
propriations according to the dictates of their own
honell judgment.
He said, it was acknowledged by all, that the
» qonftitut ion was ' heir rule, but ft ill fame difficulty
e remained, for different persons underltood and ex
- plained the constitution, in some instances, v«ry
' differently. There was often, he said, an unavoid
1 able ambigwity and obfeurity in words, made ufr
s of, to express certain definite ideas. New and un
■ expt-died cases would frequently occur. The belt
1 definitions would soon need defining 4 the e was
; no other way therefore, but for every one to iavef
s tigate and understand the conitiiutiou for himielf,
' and to follow that corrftruetion, which appealed to
- him, upon the molt careful examination, t« be the
1 true and proper meaning.
s He'faid, with respeCt to the treaty in eontempla- '
' tion, there were many petitions on the table, some
1 in favor and others againftits being carried into ef- 1
1 fs£t. When the treaty -therefore came under the (
■ conlideration of the house, gentlemen would un
, doubtedly be able to judge for themselves, with re- 1
' fpect to its conftitutionalityj and the propriety of '
■ making appropriations, by comparing it with the 1
: conltitution ; and, pv attending fuitablf to thafe '
■ Itipuiations which it contained.
' .[liebate to be continued;].
Tuesday, April 26. <
Mr. New, cha/rman of the committee of entol
-1 merits reported a bdl for making further prnvilion
for fuppoiting Public Ciedit and for discharging
' the- Public Debt, which received the ,fig:wture of
the Speaker accordingly.
> The report of the Secretary of State on thepe- '
tit ion of Charles Caldwell for are-payment of a sum
of money which he had paid for his ransom trom
slavery in Algiers, which was in his favor. It was
referred to a committee of the whole.
Mr. Harilcy presented a petition from lo6eiti
zens of Philadelphia ; Mr. tyfuhlenberg one from
6/ citizens of the Northern Liberties ; Mr. Kit
torn from 406 inhabitants of Lancaster ; Mr. I- 1
fane Srr.ilh 6 petitions from New Jersey, signed by
230 persons; Mr. Crabb one from George Town '
in Maryland, signed by 400 persons; Mr.'Brent
one from Alexandria and Fairfax, and Mr, S. Smith
read a letter ot inltruction from 571 of his conlti 1
tuents, all in favor of the Britilh treaty, now un- !
der difcirflion.
Mr. Muhlenberg presented a petition alfofrora '
the county of Delaware againlt the treaty, and Mr. '
S. Smith mentioned his having oue from 400 1
citizens of Maryland, requesting hisj to exercise \
his own judgment with refpett to the British treaty.
The leveral petitions were referred to the com
mittee of the whole on the State of the Union.
The house refolded iefelf into a committee ofthe '
whole on the slate of the Union, when the refolu- 1
tion being under consideration for carrying the
British treaty into effett, Mr. Dwight Foftei and J
Mr. Giifwijd spoke in favor of it ; Mr. Gallatin 1
againlt it ; and Mr. Kitehell delivered his fenti- \
merits upon the occasion. He did not approve of 1
the treaty ; but thought fewer evilswould arise from '
carrying jt into offedt, than from a eontrary refo- '
lution, and therefore expressed his intention to vote
for the quellion before the commitu*. At the
coaclufieii of Mr. Gallatin's speech, some calls be
ing heard for the-queltion, a divilion took place
for the committees riling, when there were 56 mem
bers in favor of it ; it of course rose and had leave
to fit again.
Mr. Livingfton, chairman of the committee for
carrying into effect a resolution refpedting the son
ofthe Marquis La Fayette,, reported that he was
arrived in this country, and that he had received
the patronage of the Ptefident of tile United States}
that he was inNew J«rfey for education ; and to
{hew that he had no orcaiion for pecuniary atliil
ance, the committee subjoined a very well written,
affecting letter to the chairman: of the committee
in apfwer to one from him, expteffive of his gra
titude for the kind attention (hewn to him by the
Legillature of the United States, by the President,
and by evety person to whom he was made known
—that he had no wants ; that he was as happy as
he could be, confidcring his separation from his fa- :
ther, and that if he should in tuture have occasion
: foi alTiltaoce, he would applv to Congress, who '
had been so kind and attentive to his welfare. 1
Adjourned.
7DC following is a copy of the Letter tirtAr.fi d to Sa
muel Smith, Hfq. by a Committee of the inhabitants
of Baltimore.
Salt more, April 18, 1796.
SAMUEL SMITH, Esc^
SIR,
WE are charged by a number of our,fellow -citizens,
ycur lmmeafate confl.itucnra, to communicate the in
closed mWtions. We v a,re diretted to exp.cfs their
expectation that the inftru<£Uons accord with your pri
vate lentiments, and that there is nothing exceptiona
ble in their opinion, or in the form which the'y have I
I chosen to convey it. They have avoided any confide- ]
• I 4Uori " f ' he im P°rtant questions which have fprun
torn the Treaty, and agitated so powerfully the Houle
of Kepreferitatlves; and entertaining ,10 doubt upon '
the policy and expediency of granting the aporoDria
tmns, they have exprefled their opinion with'a p'reci- 1
lion which ihey hope will preclude the'exiilence of .a <
' doubt as to the condutf to be pursued fnou|d you be of
t opinion they ought to be obeyed.
We are also inftraftcd to declare, that, in the opi- I
, mon ot your conftit uents who'llave addressed you, the ' '
J " aUonalhonoi > I ,ca<?e = ans! welfare are implicated in !
he oecdion to be made by the House of Keprrlenta
' tives. And tliflr »v.. ... vl ,4 „ 1
i- aoiumrnl'urate to the importance ot ike lubjedl uiidti
your consideration.
t VVc are, with due con!id«ration,
Sir,
Your obedient I'ervants,
rhora<wgor,d Smith,
[signed] James JVincheJ/er,
Nicholas Rogers.
e To SAMBEL SMITH, Esq,
! WE, the subscribers, inhabitants oLßaliimore town
apprehensive of" the molt serious confeqitnrea to our
• country, (hould theHoufeof Kepreftntativcsof Con-
I grels refute, to make the appropriations, require to
- give effecft to the Treaty of Amity, Commerce, and
, Navigation, lately concluded with Great-Britain ; and
dcfirous to avoid these evils, and prcierve the nation
fr .m being ee(nfidered as v olalors of the public faith
do hereby requelt and lilflruct yea to exeit your .tljili
ties, and empioy your beit endeavour# to obtain the
neceflary appropriations; rud to oppose whatever may
' clog or obitruft their being made in due season, l'o as
to Jecure the delivery of the Potts by the fir/1 U.:y of
June, and compensation for the spoliation committed
on ourcommerce.
Signed by 571 inhabitants of Baltimore.
tOR THE GAZETTE Of THE UNITED STATES.
Mr. Ff.nno,
THE extrads from "Smith's Wealth of Na
. tions" inserted in the Aurora.of y'etterday, have
ted me to refled 011 their tendency, and to compare
the theory of an iwgeiiious gentleman with my
own expetieiice.
By those extrads we are cautioned to beware of
the " cunning <Jf merchants mailer manufadurer*,
anddealers," who, while thry are allowed to have*
more acutenefs of tmderftanding than country gen
tlemen, " are ti is said, more te be depended on <wben
thsir private interejls are in qurjlion, than on general
quejli&ns for the good of jociety." These very fa
g«t:iou» remarks are accompanied with a fide ll'rcke
at their Cuppofcd want «»* candor, and hnally,_ws
are toli tbat " t.ieir interclt is often to deceive and
even to oppress tku All I hope to effect by
| my remarks u> to prevent Dr. Smith's opinion from
, deceiving'the public by the efforts of a mere pedaji.
J- tic fit of the fpleeti.
Fiilt, genet ally, I w<>ii!d observe that by blend
ing merchants, maiiufadure'rs, and dealers together,
( hecombined the grea'er part of his countrymen, by
which means he has so far lightened the individual
, burthen of each person, that he is secured from pri
vate as much so as the divine who tell*
his audience that " man is born to Jm as the fparkt
t jfly upwards™
There are honest m(n of every profeflion in.thii
country; nor is the Virginia.dealer in corn, wheat
and tobacco, the manufaduier of pot alhes, ot of
any other aiticlc in our country, more disposed to
deccive than are the gentlemen of the learned pro*
( feffioris. In Ihort, all companions and diftind\ion«
nf this fort are extremely weaJt and ridiculous ;
for however an individual planter or dealer may be
biassed by prejudice at the moment of forming a
bargain for the sale of his produce, we aie not oij
this simple ground to hold him up as less qualified
1 -to affut in legislation, on great quejlions for the
. general good, than either physicians, paifons, or
lawyers.
In all great mercantile nations, tie general mer
chant mult naturaljy combine general views when
, called on to legifiate foi the good of h;s country ;
and as the real charaderg of men are better known
, in commercial life than in many others, we are less
I liable to be deceived perhaps than in any othef
: line of choice, except when party views may dif
turh the judgment. As no class of men are more
p liable to feel for the millakes ol the legiflaturc on
( »ny, and at every point, no legislature can proceed*
_ on fafe grounds unless the mercantile intefeft is con
fide red.
Commerce has changed the whole face of America
within little mora than a century. From a lavage,
inhospitable wild, it has become a paradif? of plei ty.
This change has been the pure effed of enlight
ning commerce ; for the original inhabitants were
by nature equally endued with the more sublime
qualities of the mind with any men on earth.—
) They were as brave, as jealous of their honor, as
full of refentroent at injuries, real or imaginary,and
j as democratically disposed in their public concerns
. any persons in the late national assembly of
France, ur of our political clubs.
But where are they now ? precisely where we
(hall be, when by despising apd negleding cum
, merce and the arts of peace, we become a prey to
the pure democratic principles of equality, those
, fpectous deliroyers of every thing divine and hu
man which has exalted us above the beads of the
; field.
s Let no man then attempt to deride that princi
ple to which we are so much indebted.
f Let due portions ot each profeflion fill our coun
, c '' s > an d f they are wife, they will be honest men,
and bless their country.
CIVIS. .
For the Gazette of the United States.
No. XIV.
(< a wild 1 artar, \vhtH he spies
" A man that's hand,ome, vtiianf, wife,
" If he- tan kill him, thinks t' inherit
" His wit, his beauty, and his spirit :
As it just so iriueh he enjoyed,
" As in another he deftroy'd."
Hudibras I. ii. 25 a ;o
I HE unworthy attempts so repeatedly made of
late, to rob the Southern ltates ol the honour they
so dearly acquired during the late war, have recall
ed the foregoing lines to recollection, How juftfr
they apply, the public will decide.
1 have already in No. XI. offered some observa
tions on the fubjeit ; and ihould have entirely
di' miffed it, had not » a correspondent," in the
f Philadelphia Gazette attempted to uphold the af
| lertions 1 controverted, by clafilng Pennsylvania
j among the Northern Hates. To this claflification
i I might, but (hail not objed ; ?s it does not, in
. j the fm a lie It degree, affett the position I have laid
. i J »1... . 1 , . J XT . r- * ' ■