Gazette of the United States, & Philadelphia daily advertiser., December 16, 1796, Image 2

. Nsiv Theatre.
WIGNELL and REINAGLE,
solicitous to vary and iriiprove the Entertain
i ments of the New Theatre, and evince' their grati
t for the patrosage they hove received, refpe&fully in
iorm the Public, that they have, in addition to their pre
sent Establishment, engaged a FRENCH COMPANY of
COMEDIANS, who wilt make tlicir firft appearence in
this City, to-morrow evening, int two favorite Musical
Piece*—the particular* will be advertised in the Bills for
the day—previous to which will be performed the oomeay
of NiXT DOOR NEIGHBOURS. Dec. 16
On FRIDAY EVENING, December 16,
IVill be pnfrntldy
A COMEDY', in four ads, called
The Child of Nature.
■W xm the French Of Madam Genlis, by the author of
E-vrry ttte has hij Fault.
Marquis as Almania, Mr. IVi^nefl.
Count Valantia, iUrrton.
Duke Murcia, Mr. Warren.
■ "Seville, Mr. IVarr/11.
Grenada, Mr. Worrell, jun.
'ft Peasant, Mr. Cooper,
2d Peasant, Mr. Mitchell.
Margbionefs Merida, Mrs. Morris■
Amarithis, Mrs. Merry.
End of the Comedy, a new Pantomime Ballet Dance,
(composed by mr. Byrne) called
Dermot and Kathleen,
Taien fom the favorite opera of the Poor Soldier, and
performed <witb universal appluuje* upwards of aoo
nights-at Covent-Gar den Theatre.
Patrick, Mr. lVarreil t jun.
Darby, Mr. BliJJett.
Father Luke, Sig. DoSor.
Mother Kathleen, Mr, Fiancis.
Norah, Miss Mtlbsurne.
And the parts of Dermot and Kathleen,
By mr. and mrs. Byrne,
being their second appearance m America.
*i 0 which tfill be added, a FARCE, never performed
here Allied
Animal Magnetism.
Marquis de Lancy, Mr. Moreton.
La Fleur, Mr. Hartuood.
Do<flor, Mr. Francts.
Picard, Mr. Wfionald %
Francois, Mr. Warrell, jun. 1
Jeffery, Mfr. Blijett.
Constance, Mrs. Harvey.
Lifettr, Mrs. Francis.
Bet, One Dollar twenty-five cents. Pit one Dollar.
And Gallery, rtalf a dollar.
gT Tickets to be had at H. & P. Rice's Book-store, !
"No. 50 High-flreet, and at the Office adjoining the
Theatre. •
The Doors of the' Theatre will open at 5, and the
Curtain rife precisely at 6 o'clock.
rir.ir r espubl ica/
O- For the benefit of the fufferers
By the late fire at Savannah.
Tile Citizens of Philadelphia are informed, that
On MOXDAVi the 19th injtant,
•The Elephant will be exhibited,
Aad the whole receipts of the day, together with a
fusi of twenty-five dollars from tire owrter, will be
depofite4 with the Mayor, to relieve the fuffering
Citizen? of' Savannah. The owner wilf attend at the
place himfelf.
Admittance one quarter of a dollar.
Generosity is requefled.
Decern her t * ' 3
L O S T,
On Wednesday afternoon, somewhere in Market-"
street,
A Red Morocco POCKET-BOOK,
Containing, amongst other papers, a drift of M. M.
Hayes on Joseph Anthony Co. at twenty days, for
,400 dollars. Whoever has found the fame, and wiH
deliver it at No. 5, Chefnut-ftreet, /hall receive FIVE
DOLLARS reward.
December 16 2
FOR SALE,
Seven elegant Scites for buildings,
Opposite the vState-Houfc Garden and Congress-
Hall; each Lot being 75 f«et front on Sixth-street,
and no feet deep to a 14 feet Court, agreeable to a
flan which may be seen at the CofFee-Houfe or at the ;
office of Abraham Shoemaker, No. 124, So. Fourth
ftreet, where the terms ynll be made known.
-.December 16 *eo3
Dancing.
MR. FRANCIS of the New-Theatre, in eonjun&lon
uith Mr. BYRN, la*e BallcMnafter, and principal dan
cer of Covant-Garden Theatre, London, now of the
New Theatre in this cjty, opened their Acadimy at Mr.
Oelleti Hot#, on Tuesday. December 13, wjiere th«y
propose to teach, in the mod new and approved methods,
7>ancing in its various uleful and ornamental branches.
Mr. Byrn's recent attention to the dance* of London
and Piris will enftl>!e (lim to complete this branch of
«*>.cat : on in hii scholars in the moll finished style.
Favorite Scotch reels will also engage their particular
attention.
The days of teaching for their young pupils areThurf
days and Saturdays, from three o'clock in the afternoon,
till fix—urd oO Tueldays A Thtirfdays, from fix till nine,
frr l iiofs of a more advanced age.
In-c.trtHsr particulars enquire of MelTrs. Francis
2nd by 111, No. 70, north Ei^htii-ftrelt.
Private tuition as usual.
Philrdelphia, December 16, ©aw
A Genteel ftoufe.
FOR SALE, anew, convenient, three-story HOUSE,
in Fifth, rear Sfrwce-ftreet. Pofllffion may he
hnd m two moffths, wht-n it will be finiflicd in a neat
rrtpdern style. Fc. terms aj-piy at No. 109, Spruce-
PJeet, or 109, So. Water-ftrcet.
December 8.
(O A Stated Meeting of
i'he American Philosophical Society,
V/ILL be held at their Hats next Friday evening at
f) o'c ock ; when the annual Magellanic Premium is to be
awarded.
The Society arc also deflred to meet at their Hall, © n
Saturday*next at ti -o clock, in the forenoon, -to proceed
from thence to zhe Presbyterian Church, in High-ftrect ,
T.htre an eulog;um to the memory of their lute President'
I)h. David Ritteniovik, will he pronounced before
vhem at la o'clock. Dcc 14.
Old London particular Madeira Wine,
1 n-linjr from on loard the birque Eagle, Capt. Bates
jsd lor sale by ROBERT JfKHRKWS,
No. 86, South Wharves.
Movember 29. eodtf
From the (New-Tork) Minerva.
The Answer.
THE French republic have, at various times
during the present war, complained of certain prin
ciple! and decifiotw of the American government,
as being relations of its neutrality, or infaflions
of the treaty made with France in the year 1778.
These complaints were ptincip.'ly made in the
year 1793, ant ' explanations, which, till now, were
deemed fatisfaflory, were made by Mr. Jefferfon's
correspondence, in Aaguil of that year. They
are now not only renewed with great exaggeration,
but the French government have diretled, that it
(hould be done in the tone of reproach, injlead of the
language of friendjbip The apparent intention of
this menacing tone at this particular time, is, to in
Silence timid minds to vote agreeably to their wifties
in the election of President ar.d Vice-Picfident, and
probably with this view, the memorial was publish
ed in«the newspapers. This is certainly a praQice
that mull not f>e permitted. If one foreign minister
is permitted to publish what he pleases to the peo
pie, in the name of his government, every other
foreign minister mud be endowed with the fame
right. What then will be our fltuation on the e
le£lio» of a President and Vice President, when the
government is insulted, the persons who administer
it traduced, and tbeele&ors menaced by public ad
drelTej from these intriguing agents ? Pnjand, that
was onae a refpeftable and powerful nation, but is
now a nation no longer, is a melancholy example
of the danger of foreign influence-in the cletflion of
3 chief magistrate. Eleven millions of people have
101 l their independence from that < iufe alone.
What would hive been the conduct of the Frcach
Directory, if the American Minister had publilwd an
elaborate, and inflammatory address to to the people of
France aj»ainft the government, reprobating the con
duit of those in power, and extolling that of the party
opposed to them they would have done as the Par
liament of England did in 1717, when the Emperor's
resident presented an insolent memorial to the km;, and
publilhed it next day in the newspapers. "All parties
concurred in exprefling the highest indignation and re
fentme*t at the affront offered to the government by
the memorial deliveied hy Monsieur Palm, and more
particularly at this audacious manner of appealing
from the government to the people under the pretext
of applying for reparation and redress of supposed inju
ries/' In consequence of an address from both hosfes
Monsieur Palm was ordered to quit England immedi
ately. And is it not ntcefiary that we should adopt
some remedy adequate to this evil, to avoid these seri
ous confequenccs which may otherwifc be apprehended
from it ?
The condnfl of tlje American government to
preserve its neutrality, has been repeatedly juflified
by arguments drawn from thelawsof nations; and
in the application of its piinciplet, they have gone
as fir, in every instance, and in one particular in
stance, farther, in favour of France, than the (tiitt
rule of neutrality would juftify. It would, there
fore, aitfwer no valuable purpose, to (late the fame
principles, and deduce the fame confequencfi, in or
der to juftify ouifelveson the fame ground that we
have already done 1 but as the reproaches of tjie
French republic are founded on an idea, that our
donflrufh'on and application of the law of nations,
is erroueous, partial and inimical; it maybe worth
while to examine, whether we cannot juftify our
selves by the example of the French nation itfelf.
I presume a better rule of jutlificatiori againfl any
c ' lar g e t cannot be required, than the conduct of
those who have made it,, in like cases-
I propose, therefore, to compare the deeifions of
the American government, in the several poiats
wherein they have been complained of in Mr. A
det's memorial, with the laws of France oa the
fame points.
It is sflertedf that the American government has
violated the 17th article of the treaty of 1778, by
arreting French privateers and their prizes ; and
that it has exercised Jhoclting perfections towards
them.
It will be founi, on an accurate enquiry, that all
the prizes brought in under French commissions,
that have been reflored, have been found to be in
one or the other of the following delcriptions :
1. Those captured within a marine league of the
fhorcs of the United States.
2. Where the capturing vtffcl was owned, and
also principally manned, by American citizens.
3. Where the rtpturing vefiel was armed in our
ports.
As to the jurifdidlion exercised by the United
States over the sea contiguous to its shores, all na
tions claim and exercise such a juris liSion, and all
writers admit this claim to be well founded ; and
they have differed in opinion only as to the «iftance
to which it may extend. Let us fee whether Irapce
has claimed a greater or lef» extent of dominion
over the sea; than the United States. Valin, the
king's advocate at Rochelle, in his new commenta
ry o* the maiine laws of France, publifhcd firft in
1761, and a<;ain by approbation in 1776,* after
mentioning the opinions of many different writers
on public law on this fubjeft, fays, " As far as the
distance of two leagues, the sea is the dominion of
the f«vercign,of the neighbouring coafl ; and that,
whether thcte be foundings there or not. It
" is proper to observe this method, in favour of
Rates whose coasts ate fe high, that there are no
foundings close to the fttore; but this does not pre
vent the exteufion of the dominion of the sea, jas
wc/lin rejpeft. to jurifdiflion as thejifheric's to a greater
diltatice, by particular treaties, or the rule herein
before mentioned, which extends dominion as far
as there are foundings, or as far as the reach of a
cannon shot—which is the rule at present univcrfally
acknowledged." The effect of this dominion, the
fame author fays, " according to the principles of
Puffendorff, which ate incontellible, is, that every
sovereign has a right to proteA foreign commerce,
in his dominions, as well as to fecpre them from in
sult, by preventing others from approaching nearer
than »o a certain distance." In extending our do
minion over the sea to one league, we have not ex
tended it fofar, as the example of France, and the
other powers of Europe, would have juftified—
They therefore can have no right to complain as
our conducl in this refpe£k.
* Cook 3. title 1.
The feeond defciipiion of cases, which hai in
. duced the American government to rellore prizes
claimed by the French, i», where our citizens have
■ made a capture under a French commiflion.
The thiru article of the ordinances of the ma
rine of France, which the commissions now given to
French privateeers require to be observed, [Valin,
z vol. 235.] « as follows :
" We prohibit all our fubj'fts from taking com
miG>jns from foreign kings, princes, or dates, to
arm irefiels fjr war, and to cruize at lea under their
colours, unlcfs by our permifllon, on pain of being
treated as pirates.'! The commentator fays, these
general and indefinite prohibitions have no excep
tion. Tliey extend to commissions taken from
friends or aHies, as well as neutrals, and those that
are equivocal: and they were confrdered as ne~cf
faiy consequences of the laws of neutrality.
" If, fays Valin, the commiflion of the foreign
Prince be to cruize agsinft hit enemies <Si\o are our
alliet, or those with whom we intend It pre feme neu
trality, it would afford jutt ground of complaint 011
their pari, and might lead to a rupture." The rale
extends ns well to fubjefts domiciliated as net domi
ciliated in the kingdom, and foreign countries ;
" for Frenchmen arc not the lefj Frenchmen, for
having gone to live in foreign countries." If Fiance
may rightfully prohibit her citizens from accepting
foreign commiflions to make prize of the property
of her friends, why should the United States be
reproached for exereifing a similar rjrht \ A necrf
fary consequence of this wife and jutt prohibition is,
that all prizes taken contrary to it should be resto
red with damages to the party injured.
The third description of prizes restored is where
they have been fitted, and armed in the ports of
the United States.
I find no direst, positive provision by the ma ine
laws of France, prohibiting this ; but the whole
tenor r.{ those laws supposed that vessels of war,
are atmed in the ports of the sovereign who give
the cßmmifiion. French privateers molt not only
fit out in a French port, but are bound to bring all
prizes made by them into Tome particular port, or
ports expressed in their commifiions, Valin. 2 vol.
,276. And it is certain that the king ef France,
previous to his alliance with the United States, d#-
livered up some American prizes, to the Englilh,
because the capturing vessel had been armed in a
French port.
Mr. Adet's memorial charges that the English
have been permitted to arm their veflels, and bring
their prizes into our ports.
As to this charge, the fa£t is simply denied. In
the cafcs mentioned, the veflels laid to have taken
in guns for their defence, were gone, before he
made his reprefen;ation : yet he complained, and
the government did nothing. I ask what could
they have done ? Mr. Adet will answer, they might
have declared war, against Great- Britain ; and it
is certain, this was the only remedy that remained,
in such a cafe : but neither our interest, nor our
duty would have permitted us to have adopted it.
Our interest did not permit us to gWe up our neu
trality, and engage in a foreign war ; the ovent of
which would have produced many and certain evils,
and could not by any poflibility have produced any
good ; —and it was contary to every principle by
which a just nation would desire to aft, to have
made war on a whole people, because one or two of
them had clandestinely taken arms on board for
their defence, in one of oar ports, without the
knowledge of their government, or of ours.
The memorial complains that we have infringed
the 17th article of the treaty of 1778, by retrain
ing the prohibition therein contained only to the
(hips of war, and privateers of their enemies, who
should pome into our ports, with their prizes.
The literal sense of the 17th article, is, that no
armed (hip who shall have made prizes from the
French people, shall receive an asylum in our ports.
The 22d article fays that no privateer, fitted under
a commiflion of the enemy of either, shall have a
sylum in the ports of the other.—Neither of these
articles fay any thing of prizes. The literal appli
catio»of them therefore would exclude the captur
ing velTelt, but give admifiion to their prizes ;
which could never have been the intention of the
parties. The law of nations, exptefsly adopted by
France, relative to the right of asylum, may ilhif
trate these articles of the treaty. Old. Louis XIV.
Art. XIV. declares, " that no prizes made by
captains under a foreign commiflion, (hall remain in
our poits, longer than twenty-four hours, unless
detained by bad weather, or unless the prize shall
have been made from our enemies." But this arti
cle, fays Valin, is only applicable to prizes carried
into a neutral port, " and not at all to armed ves
sels, whether neutials or allies, who have taken re.
tuge there, without prince, either to escape the p\ir
fuit of enemies, or for any other cause.' They
may, in this cafe remain as long as they pl.-afe."
By the law of neutrality, simply, French j;iizes
could only have remained twenty-fosr hours in-uur
ports, but by the treaty they have obtained the
privilege of remainfhg as long as they please This 1
privilege iuu not ouly been allowed them in its ful
led extent, T>ut we had geue a ltc|» further, and as
a favor permitted them to fell their prizes, which
neither the treaty nor the law of nations required :
and \yhi«h was of more i'mportancc than all the reft
put together. This favor, as favors generally are,
is now claimed as a right", anß the withholding it is
coolidered as an injury Let us fee what the'or
dinances of the French marine have said on this
point. Ord. Louis XIV. Tit. prises. Art. XV.
" If in the prizes brought iato our ports by vessels
| armed tinder a foreign commifii«n, there be any
merchandizes belonging to our ftihjet'ti, or allies,
those belonging to oqr fubjetls (hall OS restored, and
the rtjl shall not he put into bouse, or be pur
chafed by any perjon under any pretext -what/oever
And all this, feys Valin, is founded on the law
®f neutrality." By the Utrecht, Louis
XIV. and his grandson, the king sf Spain, agreed
mutually, to pc»mit the prizes mad? by one.to be
brought in, ami fold in (he ports of the other. But
this the fame author fays, wasonly a particular ar
rangement, so much ths. Ids to be prnpofedjfor a
general rule, as the two nations iiad gii-en up th£"
duties on prize goods fold ui % their dominions ;
which however did not laftlonj- en account of the
abuses to which it gave rife. Abufei fimiiar, I
p-emmc, to these to which the pevmiffion
gave rife in ttjis country.
The next ground of complaint is the Britilh
treaty and Its consequences. This treaty is said
to deprive France of all the advantages Itipulated
in t preceding :reaty ; and this is done by an aban
donment ef the modem, law of nations.
If we may credit the declaration of the king of
-France, there were no exciufive advantages (tipu
lated for France, in that treaty. Hl3 ambi(T»<!or
| delivered a paper to the British court, dated the
! 13th of March 1778, whetein, after announcing
j the treaty between France and the United States,
lie fays, " His rmjelly declares ait the fame time,
thajthc contra&ing parties have paid great atten
tion noI to flipulate any exelufive advantages in favor
of the French natien •• anil that the United States
have reftrved the liberty of treating with every other
nation whatever, upon the fame footing of t quality
and reciprocity."
The injury supposed to have resulted from an a
bandonment ofthe modern public law, assumes
two propositions, neither of which is true : ilf.
That neutral (hips make neutral property: ad.i
That materials for building (hips, ?rc riot among
the articles as considered contraband of war. By
the marine laws of France, fieg. Dec. 1744. 4rt..
I J, it is directed that " If tljere are found on board
of neutral velfels, of whatever nation they may be,
merchandizes or effects, bplianging to the enemies
of his majesty, they (hall Wgood prize, even tho'
they are not of the growth or manufacture of the
enemy's country; but the veflcls (hall be relcafed."
Previous to this j-egulation, and contrary to the
law of nations, as Valin acknowledges, if "either
the (hip or the cargo, or any #,irt of it, was ene
my's property, the whole wjp confifcated, by the
laws of France. And at this day, neutral pro
perty on "ooacd of enemy's rti'/ps are, by the fame
laws, liable to confafcation.
As toftontrahand of war, timber is enumerated
among the articles that are so, by Vattel, lib. 111,
chap. VII. but Valin is much more particular, 2
vol. 264. "In the treaty of commerce conclud.
Ed with tlje kirig of Denmark, the 23d of Augnft,.
1742, pitch rand tar were declined contraband 1
as also rosin, fail cloth, hemp, cordage, mafls and *
timber, for the building of flips- There would have
-Been, therefore, no reason to complain of the con
duct of the EngliGi, if they had not violated par
ticular treaties ; for of right (de droit) these t/.ingr
are contraband at present, and have been so Jince tin
beginning cf this century, which was not the cafe
formerly."
By th« modern law of nations, e.xprefsly adopted
by France, enemies property on boar«i neutral (hips
is good priae ; and by the fame law, the number
of contraband articles has been increased so as to
include th» materials for (hip building. All the
fituaiions were probably forefeen, in which the
treaty might operßte favorably or unfavorably for
France, at the time it was made. It might have
been ftipulatcd that materials for (hip building
(hould be deemed contraband, inflead of declaring
they (hould not ; or, that the United States (hould
not enter into any treaty in which they (hould be
made so. Neither of these being the cafe, there
is no ground of compla.'nt, except that the confe
rence is inconvenient, at present, to France, and
the belligerent power* allied to her. If timber and
naval stores are contraband by the law (if nations,
to "declare them to be so by a treaty, cannot be
coufidered as a privilege granted to one nation, or
an injury to any other.
[Remainder to-morrow. J
CONGRESS of t«I UNITED STATES.
HOUSE OF REPRESENTATIVES*
Wcdnefclay, December 14.
Continuation of the delate on the addrtfs in aufwer
to the President's fpeeeh.
Mr. Harper said it was in order to move for a
divifiotl of this quellioo. The whole of that part
of the answer which moved to be struck
out, in order to introduce an amendment iu its
place, was personal to the President : the preceij.,
ing clause, which the gentleman from' Virginia
(Mr. Giles) included in his motion had refpeft to
the fituatien of the country, and contained several
objects of general concern, and therefore altoge
ther different from the other. Many gentlemen
might wifti to retain one arid to ftrikt out the other.
He (hould wi(h thefenfeof the committee to be
taken on striking out the firft paragraph, " Where
we advert, ' &c. He prefttmed this paragraph
would not be (Iruck out. It related to the fitua
• ion of the country in general; to the grateful
sense we tfntertain of its liappy (late; and ofthe
influence our conititution has had in producing this
piofperous situation. And he would alk whether
this had not been the cafe ? There might be differ
ent opinions. Some perfuns might think that the
trifling c>«rangeracnts which had taken place a
nionglt our merchants, might lessen the profpero«|
scene ; others might think that such circumftaneej
would occur in the molt flourifhiog (late of a ooun.
try. But was there any man who did not believe
the United States enjoyed happiness and prospe
rity ? That commerce ana agriculture did not flou
ri(h; that the laws did not reign, aud that the
country held out a pleasing and delightful prof
peft ? He would ask, whether any pc.fon would
deny that our government had brought about this
fituatioaof things ? Would any man fay, that if
that goveinmeat had nth been eflablilhcd, or feme
thing like it, this happiness v.ould have been ca.
joyed t He believed not. Mr. Harper then took
a view of the miserable situation of this coustry
before the establishment of the present government,
and made a contrast between the ijvo si liations.
If, then, said he, these advantages have been real
ly enjeved, where is the impolicy of faying so ?
What implication is there in this again (k the mea-*
furesof gentlemen, which, If they had been afteij
upon, might have pro.luced (though he was far
from Believing they would have done so) more hap.
py eftefis? Was jt calling upon them to contra.
Jift '.hi-i'fortner opinions ? No. They fee the hap.
pineft txid, and whence did it arise but front go-