Scfore the call is complied with it may
not be improper to consider the nature of
the right, and the realonableneis of the
demand on the United States to assert it
on their behalf.
_ >&- No right to follow the course of
air, wherever the wind blows, has yet
been pretended, but to go with the wa
ters. wherever they run, is held by the
Church of Kentucky, to be jure divino,
& therefore rivers are a common right—
but leaving the spiritual doaors as unfafe
guides in things terreilrial, and looking
iirto the world, we shall find that things
arc there otherwise ordered—and that the
£>vereignty and exclusive use of a river
changes with the property of the country
through which it happens to run, and that
where the use is not exclufive,confent or
ttipiilation has been anderftood.
I cannot fay this point has been inva
riably agreed—the late Emperor, Joseph
the Second,contended for the navigation
of the Dutch part oi the Scljeldt, under
the laiv3 of God and nature, against hu
man convention—but the sovereigns of
Europe, boding no good to her own corps
from the allowance of fueh authority in
their affairs, obje&ed to thcr precedent—
the Emperor's plea Was over-ruled, and
it was adjudged that neither God nor na
ture should direst in the jiavigatlon of ri
sers, but that it was an affair belonging
to men or rather to kings.
Indeed it is difficult not to allow that
the common use, of different people, to
the fame waters, under whatever princi
ples, would produce nearly the fame un
certainty, and disorder in the police and
economy of a country, as it would in the
cafe of a road.
Under this impression of inconvenience
the life is seldom a mut property—The
Rhone the Poand the Rhine all take their
rife in Switzeiland—but the people of the
Cantons do not therefore traffic, in their
boats, along the whole course of these ri
vers to their issues in the Mediterranean,
tic Adriatic or the fens of Holland ?Do
the Germans puifue the Danube from
Suabia, through Hungary and Turkey,
into the Black sea, or the Spaniards fol
lowed down the Tagus to Lifoon "in Por
tugal.
No matter ! The people of Kentucky
have another count in their declaration—
the hole in the heavenly title is patched
by an earthly document, supplied by the
tieaty made with the king of Great-Bri
tain. I have not looked into it—but if as
I fufpeft his own title was not good, there
mull be a link fatally wanting in
the chain—and if he has given only a
common warranty they may go whittle
far the right.
2ndly. Having already remarked that
a state assumption of the Kentucky lands,
in particular, was in derogation of Con
tinental right—and that the premature
fettlemenf, occasioned thereby of such
difiant regions, operated greatly to the
bed interests of the United States, it
could hardly be expe&ed of them, even
were the title indisputable, that they
ftiould in complying with the call labour
at a point, which if gained would but the
more enhance the evils they already com
plained of—but as the title appears at
lead doubtful let us hope that the public
peace orgeneral prosperity may not bedif
turbed or put to hazafd by our contests
with the kingdom of Spain on that ac
count.—And that if the Kentuckians at
tempt alone to redress what they call a
grievance, they may,"being disowned by
the general government, be left alone to
the Consequences of their own preemp
tion and iniquity.
EXAMINER.
UNITED STATES.
NEW-YORK, March 7,
By the Akny, in 68 (lays from Cadiz,
we learn, That about the latter part of
November, Colonel Lindfey, by order of
the Commandant of Toulon, made a vi
gorous sortie from the fortrefi of Malgue
—but after exhibiting prodiges of valour,
was repulsed with gr«at lofj : The next
day, on the parade, he was bitterly re
proached by General O'Hara, for mil'con
duft; but coafcious of having done his.
duty as a brave officer, and unable to ex
ist under infamy, however unmerited, in
ftantlv (hot himfelf. O'Hara, to evince
the facility of the cnterprize, {allied out
next day, .with a force considerably infe
rior to the former; and, after a warm ac
tion, in which he loft an arm, was made
prisoner, with all his surviving army:
That the command then devolved upon
General O'Reilly, an Irilh officer in the
Spanift service : it is added, that General
O'Hara was permitted by the French
commander to have two eminent physici
ans from the garrison, and two oi his fa
vorite fer'vants, to attend him.
In addition to the foregoing, we learn,
by the arrival yellerday of Capt. Neil, in
the Morning Star, in 47 days from Car
tnagena : That Toulon was evacuated on
the 19th December, by the .Britifn, after
burning all the French (hips in the harbor,
excepting 2 of the line and 2 frigates,
which they to.ik away, together with a
number of Royalilts; that after the French
had got poireffion of the place, they or
dered all the remaining inhabitants into
the large square, and ihut them all with
out diltindlioa. -
By a letter from Albany, we learn, that
about live o'clock in the morning of the
Ift inflant, a lire broke out in the south
part of the city, which, after consuming
three houses, was happily suppressed. The
letter is silent as to the occalion of this
misfortune, which renders it more likely
to have arisen from accident, than the de
sign of evil disposed persons.
PHILADELPHIA,
MARCH 10.
Tht Naval Armament bill passed the
House this day—so to 39.
ihe National Convention of France,
have passed a dircree, granting to James
Thayer, a citizen of the United States,
the sum of 40,751 livres 8/4, as an indem
nification for losses sustained in confe
rence of his goods being damaged by a
(hot tired into a Gcnoefe vessel from one
of the French fortreffee—the decree also
provides for indemnifying rhe expence in
curred in repairing the Genoese vessel.
It is reported, that the intended expe
dition t& the Miffifippi, under General'
Clark, is given up.
We hear that the Democratic Society
of Norfolk,Vl;ginia, have elected Ja.ns
Madison Esq. an honorary member of
that institution.
The German republican Society of this
city, have addressed the Democratic
Society, to which address tliey have
subjoined the following resolutions
Reiolved, That it is the natural privi
lege of every free citizen, to give his fen
tjments on all public measures, and not
only on those which have operation, but
on those also that are pending.
Resolved, That this society highly ap
proves of the resolutions proposed to Con
gress, by James Madison, and that it en
tertains the mod pleasing presage of the
present majority of Congress.
Resolved, That as republicans, and
friends to universal liberty, that this soci
ety views with concern, the attempts which
are making to depress the French charac
ter in this country : That when we fee
men, insidiously endeavouring to produce
an abhorrence of a principle, beeaufc the
actors have gont to imagined excels, that
when we fee men, who, under the guise of
patriotism, entct into a defence, nay a
panegyric upon the perfidious, infofent,
and tyrannical conduit of Great Britain,
every freeman ought to express his abhor
rence of such dark policy, and declare,
that the true and unbiassed American,
has different sympathies.
By order of the Society,
Hknrt Kaumf.rer,
President of said Society.
\» Feb. 20th, 1794.
Democratic Society of Pennsylvania, held
in Philadelphia, March 6th, 1794.
Resolved unanirpoufly, That this Soci
ety heartily concur in the resolutions pro
posed by the German Republican Society,
and that they will i)nite with them in any
measures which fliall be judged proper to
promote the public welfare.
By order of the Society.
Blaik M'-Clrnrghh-i, Prelidcnt.
IMPORTANT!
Ext raft of a later from a Genthm/in in
Bojion tahisfriendinthis city,tinted March.
A veflel arrived here veflerday from Ber
muda, and brings intelligence of the release of
American veflels both there and at
vidence. Mr. H. who had a veflel carried
into the latter place, has news of her difchar ( ee
and iooo Dollars paid for detention. Mr.
T. who had a ihip carried into Bermuda (be
ing bound from the French W. IndLsto Eu
rope) has advice of her discharge.
THEATRE.
OBSERVER Ni>. VIII.
Mr. 1-cnno,
Friday and Saturday last the Comedy of
"Every one has bis fault" was performed at
the New-Theatre.—lt was gratifying to the
Observer, that the exhibition o£ Saturday
was much the best: this circauaftance itrong
ly evinces the industry of the performers—
The characters were lupported with propri
ety, elpecially those of Capt. Irwin, and La
dy Elk an or Irwin, by Mr. Fenncll and
Mrs. tVbit lock—A detail of particulars in fa
vor of any A<stor, would trespass too much
on your paper; but the Obfervcr thinks, the
Company have never done themfeiv.s so
much honor, as in this exhibition*
7he Observer takes this opportunity to
hint to A Subscriber, in your paper of
March 7th. that he had better read with more
attention, his remarks, before he animadverts
with such severity.
1 Has He ajjlrted that many of the Plavers
have not left Superiors, and some of them
not equals in Europe ? Or has he laid, such
was his information ? Whenever that writer,
or any other, will fairly attempt a correction
of the Observer, he will not only thank his
corre&or, but profit by i;,and if in an Error,
reform. If it is not ico much trouble, your
Subfci iber is requefled to look over what he
hnnfelf has written ; not with such eurfory
reading, as he fays he has the Observer's num
bers, and if he wishes to throw down his
Glove, the Observer will then accept his chal
lenge and go into a detail ol names and cha
racters of European and American theatric
periormers ; and give their relative merits,
and then call upon Mr. Subscriber, to meet
him with a refutation if lie dares. In the
mean time, the Observer means to continue
h>s remarks, upon the a<ftors at the New
Theatre, (if you will print them) without
cLangiug bis fif*natnre 9
CONGRESS.
House of Repreftntcit'rues.
Monday, March 10.
Mr. Sedgwick this day gave notice that
on Wednesday next he ftiould lubir.it to
the consideration of the Legislature certain
resolutions, the object of which would be
the means of defence required by our pre
sent lituation, and the funds which might
be required to defray the q^pence.
This notice wa6 introduced by Mr.
Sedgwick with the follow previous obfer-
vations
i He laid he had heretofore done him
fclr the honor to declare to the hotffe, that
in his opinion, it was the duty of the le
gislature as the guardians, of the public
lafety, at a time when Europe was con
ynlfed, and this country fufFering many
injuries, to provide for its Defence, and
as events might happen to avenge for its
injuries. the preservation of peace,
an object so neceflary to our political and
individual happiness might materially de
pend on the wisdom and firmnefs of the
legiflatnre in this refpeft.
That he had hoped and expefled some
plan for these important purposes would
before this time, have been presented
to Congress. That in his opinion, it
would be unpardonable to leave our coun
try in this naked and exposed liiuation,
during the approaching recess. That it
ought no longer to remain uncertain whe
ther ihe property and best interests of our
citizens were to remain in a situation to
be i.ifulted and injured with impunity.
He said he should forbear to give even
the outlines of the system which his own
mind had embraced, because he (hould al
ways be willing to prefer any other more
competent to the end. His only obje£k
at present, was to call the rcfledions of
gentlemen (o this important fubjett.
(To be Continued.)
Extrali of a It/ier from Ccipt. O'Bfien da-
ted at Algiers, Nov. 28.
The Dutch truce will expire in 12 days
from this date ; and if Van Trump is not
here in the limited time, away go the ro
vers in quest of Dutchmen.
The Danes, in my opinion, are on the
verge of Ic fi/ig their peace with Algiers
Shouldthefethree nations be baifled relative
to Algerine affairs, then the United States
might probably haveanopportunityof esta
blishing a peace ; but never on so favorable
terms as they might have had 3 years past
which ncg!e£t will cost them 4 millions,
together with In is of trade, insurance, ar
maments, ard peace redemptions. At all
events, the United States have no alterna
tive but f, fit out 12 of the be!l failing
vessels that can possibly be built: these
cru'zers to be properly appointed and
completely manned, for all depends on this
meafarc. At the fartlt! time the door for
obtaining a peace (hould be kept open,
and caie taken that the United States do
not becci te the dupe and buffoon of all
Europe.
C 3" Mv-n Mcidifon's Speech to be continued
to-morrow.
NEW THEATRE.
THIS EVENING, March 10,
Will be performed,
A COMIC OPERA,
CALLED
ROBIN HOOD;
OR tHE
Sherwood Forejl.
Refi.;ents Ml the Forest.
Robin Hood, Mr. Darley
Little John, Mr. Wignell
Scarlet, Mr. I'r;ir,cij.
Bowman, Mr. Warrcll.
-J MefiVs. Bliffett, Warrell
Archers V jun. De Moulins, Lee,
_ J Bason, See. &c.
Mr. Darley, jun.
Miss. Willeras
{Mrs.Bates, Mrs.Cleveland
Mrs. Rowfon, Mrs. De
MarquejMrs. Finch, and
Miss. Rowfon.
Allen a Dale,
Stella
Visitors to the Forejl.
R uttek in, Mr. Bates
Friar Tuck Mr. Whit lock.
Edwin Mr. Marshall.
Clorinda Mrs. Warrell.
Annette Mrs. Marshall
Angelina Miss. Bioadhurft
With the original Overture) by Baum
garten.
The reft of the muOc and accompani
ments composed by Shield, with addi
tional airs by Mr. Reinagle.
With new Scenery, Drefles and Decora
tions.—The Scenes, painted by Mr.
Milbourn.
To which •will le added,
A FARCE, in two ABt, called
Who's the Dupe?
Doily Mr. Morrie.
Standford Mr. Moreton.
Granger Mr. Cleveland.
Oradus Mr. Harwood.
Miss. Doiley Mis. Francis
Charlotte Mrs. Marlhall.
Books of the Songs of the Opera
to be had at the Theatre. Price i-Bth of
a dollar.
Vivat KefpuhUca*
A Journeyman Bookbinder
WANTED,
Who can be recommended for his induilry
and sobriety—He may hear of employ by
Mr.Henry Kjs m merer, No. 24,
North Third-flreet.
March 8.
BOOKS.
CHOICE COLLECTION,
In the various branches of Literature, im
ported by the last arrivals from Europe,
for Sale at very reasonable prices, by
James Kennedy,
No. 26, Sfruce, between Front & id Streets,
Among which arc the following ;
CHAMBtRb'S Dift'onary of An* and Sci
ences, 5 Vols. Folio.
Henry's Bible and Commentary, 6 Vols. Folio.
Univcrf;l History, 7 Vols. Folio.
Churchill's Collection of Voyages, 6 Voli. Folio.
Palladio's Architecture,- belt Edition, 2 Vols.
Folio in one.
Rapio's History of England, with Tindal'tcon«
tinuation, 3 Vols, Folio.
Hume's History of ditto, with Smollet's ditto,
14 Vols. O&avo.
Malton's complete Trcatife of Perfpefiive, 2
Vols, in one.
Bruce'* Travels, London Edition, 5 Vols.
Clavigero's History of Mexico, 2 do. do.
Robertfon's History of Amcrica, 2 do. do.
Maclauiin's Newton's Philosophy, 410.
M'Knighi's Hatmony of the Gospels, do.
Lowman on the Revelations, do. »
Locke on the Epistles, do.
Led wick's Antiquities of Ireland, do.
Whitehuift's Tlieory 01 the Earth, do.
GUfa's Account of the Canary Iflandi, do.
The Annual Register, from its Commencement
lo 1791, inclusive, 34 Vols.
Nicbuh»'s Voyage 10 Arabia, 2 Vols, Ofiavo.
Bartram's Travels ihro' the Southern State*.
Some of the very latcft and best Collections ot
Voyages and Travels.
Crevieis Lives of the Roman Einpeiors to Vols.
O&avo.
L'AntiquUl cxpliquee par B. Montlaucon, tf
Tom. so.
Antiqui ci d'Egypte par Nordeo.
D flityinaite Hiilorique 9 Tom.
Theatre de Voltaire relie. 9 Tom.
Hiftoiie Romain pai Rollin, 16 Tom.
Oeuvres de Baiitau, cie Molieir, &c. with many
others < qua 11 y good. A Catalogue of which*
may be seen a: ihe pbcc of Saie.
He has also for Salt,
An excellent Hadley'» Quadrant.
A lew Acromatic Pocket Pcrfpcftive Glasses.
A Camera Ohfcura.
A capital German Flute, »ith 6 Keys, and ad
ditional joints.
And a tew elegant colouv'd Piints.
f
*d s t