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
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