of the & Philadelphia Daily Advertiser. Ni'M3SR 1478'.] „jr"Nv. Fo r Sale or Charter, h The Siiocr.tr Fair American, £ Virginia toQt—tarth'n a'xjut 7oc barrels flour— t ] two ysatT9 olJ—an4 can befsiit to Tea immediate y. J 7 boniiis y Jojhua Fifier, t ' No. 5» Do:k-ftr<ct. n Tv*tay 19 ■ rw 0 For Sale 0/ Charter, c the ship b warren, d j ■ Benjamin Church, Mafler. F j ■ V|T ; 'IC r : OF about 183. tOf-s burthen. Ell- t, .V.gaTjfflat • quire of O 7'effe ts 3 Robert Wain- v May 16 S c — c John Tarris, matter. A GREAT part of her cargo is engaged, and (he will fail-in ten days. For freight or pal- e Imc apply to'capt. Tarris, at Willings & Frauds t wharf; or to GURNETS. SMitH. c May 25 $ r For London, y Tuc (hip WILLIAM PENN, I 'firsts 'fosiAH, Mjftcr. ( WILL fail with ?-!l convenient fpted. For j freight or pafiage apply to JeJfe tsf Robert Wain. May 19 § ' j. For Freight- or Charter, | To any part of Europe-, ]|§88!!- Alexander Magnus, . Capt. Carl O. Ehsman, a A BOUT 3<o'tbni burthen, in this port ; and t also the Danish Ship FREDERICK JULIUS f KAUS, of 450 tons, QOVVlying/m Hampton Roads. Apply to JOHN VAUGHAN. I May IA. tuthffit I For Sale, • v The cargo of the brig Enterprise, Captain 1 Langdon from Boiirdcaux, now landing at t . Morton's -wharf, ' CONSITISC ®F 514 Hhds. of Claret 2 it; cases o£ditto -a r JOO c-.fes of Oil % UO pipes London proof .1 BRANDY . | £ 10 pipes of Holland ptpof y J w Apply to ( Wharton ?5f Lewis, j No. IK, South Front St. 1 j—t Said Brig, 1 WILL take a FREIGHT for < theWeft-Jndiesor Enrope,fails t frJl faft, burthen about fifteen hun- 5 dred barrels, is in complete or- , flcr, ar.d will be raady to receive a cargo ma j ] few days , Apply as above. May u L_ ' PennfylvaniaPopulation Company. , XT OTICE is hereby givtn to the Share Hold- Pn that a further aOeffsnem of nine dol- : l AR s is levied on each share, payable as follows, viz. Six Dollars immidiarely, and Three Dullars on the lftof Jaly next. Which they are requested to pay to the Treasu rer of the Cotnpany, at the Company's Office, fJo. North Fourth-street, agreeably to the times above mentioned ; and they are further informed, that 6n their neglefling to pay the fatne as above directed, the fevtral forfeitures will be exafled. By order of the Board, SOL. MARACHE, Trelfurer. May 17. PHll A DE LP HI A, SATURDAY EVENING, JUNE 3. A CHARGE, delivered to the Grzmd Jury of the United States, for the Diftrift of Virginia, in the Circuit Court of tfie United States, held at Richmond, May z2d, i 797» by > y/IMES IREDELL, one of the aflbciate Judges of the Supreme Court of the United States. / PvVjJktd at the riqurfl of the Grand-Jury.) [Concluded from Thnr ftlay s Gazette,] Confederations like these are calculated to jmprefb upon the mind that salutary caution with which all public measures ought to be difcuiTed. If it be a point of duty or jtlf tice we need enquire no farther : Policy is .out of the question. The duty must be performed. Juitice must be fatished, at all rifques. Men would be forever unjust, and morality would be a name, if exceptions were once admitted upon any principlewhat ever, to a ftridt obfervar.ee of it. If a fub jeft of policy is in question, nothing affords greater room for real differences of opinion. The wisest mtn, with the belt motives, have been always divided on such questions, and always will be—because nothing is more fal lible tlun human judgment when it extends its views into a futurity, for the greatest part, so impenetrably hid from the fight of man. All political measures must be groun ded on such views, and consequently must partake of the imperfection of the grounds 'on which they are adopted. Diffidence,— therefore, as to any point of policy, is be coming the ablest men, and they are gene rally tTi.' best disposed to entertain it. Some mode of decision however must take place. Can we desire abetter than that it (hoi/Id be such a decision as the people themselves PHILADELPHIA: SATURDAY EVENING, JUNE 3, 1797. have deliberately thought heft adapted to p the cafe i It is indeed, as well as all other b political fubjefts, a natural and proper ob- n jest of their review. For their own fake, ii that review ought, to be conduced with a temper and moderation, left they (hould b themselves fuffer by a precipitate and erro- o neous judgment. Before they condemn any c one measure, where some measure was net ceflary, they ought to be very sure that a v better could be adopted. None can be a- il dopted without some inconveniences. Few d perhaps, without some advantages. It is t 1 the part of wisdom to weigh one against the d other, and decide in favor of that measure t where the advantages are greatest, the in- a conveniences feweft. other mode of f considering great questions of public policy ii is idle and inlignificant. If after all, any f individual disapproves of the voice of his v country, what does duty and common mo- e defty require of him ? To be perfeftly con- o fident he is right in his opinion, and those n entrusted to decide are wrong ? Who is c the man entitled to so arrogant an estimation 11 c-f his own abilities ? Is he rashly to deter- a miae, that the measure has been adopted v from some dishonest motive ? What right f has any one man to cliarge another with dif- v honesty without proof ? Let him prove & r punish if he can. If he can do neither, but will indulge in atrocious calumny, he must i stand in the view of his fellow citizens as a 1 slanderer, and incur the suspicion, that his y readiness to fufpeft others of dishonorable a intentions has probably arisen from some- j thing in the texture of his own mind which r led him to ascribe worthless motives as tse f most natural inducement of aft ion. The c part, surely, for every man who loves his { country, but who disapproves of any public c authoritative decision, is to submit to it f with diffidence and refpeft, considering the i many chances there are that his own opinion r may be really wrong, though he cannot c perceive it to be few—that whether it be or a not he does not live in a despotic govern- i ment where any one man's opinion, not e- r ven his own, is to decide for all others ; and i that the very basis of all Republican Gov- a ernments in particular is, the submission of a f minority to the majority where a majority i are constitutionally authorised to decide.— c For a man to call himfelf a Republican, r without entertaining this sentiment, is folly, t To be one, without afting upon it isiimpos t fible. v Since, therefore, the plainest diftates of t duty, and the principles of republicanism it- t felf, which, in their due application, enno- e ble the human njind, though nothing can more disgrace it than the abuse of them, re quire of us all to obey the laws of our coun try, it is incumbent_on us to take care that an obligation so important be not rendered merely nominal, but that every individual I (hall perfoimhis (hare of the common trust, or answer for his negleft of it. Many in- 1 stances of negleft or indifference towards it, | which may have great effects on the happi- j nel"s of his country, are of a nature not i punishable by human laws, and the punish- I ment of them therefore, must be left to the < conscience of the individual, and the re proach which a violation of the rules of mo- < rality, though unaccompanied by any hu- I man fanftion, seldom fails to draw upon it. 1 There are, however, others of so serious a ' nature, and fcr direftly tending either to destroy or injure the society at large,, that laws are provided by it for their puni(hment, and without such laws, and a due execu tion of them, no society could subsist, for an " idea that all men will support voluntarily any government howeverexcellent, or chear fully obey any laws however wife, is ridicu lous. But as it is of great moment to es tablish some laws containing penal fanftions, so it is also of the highest importance that the execution of these (hould be s provided for in such a manner as to secure as much as possible the conviftion only of the guilty, leaving innocent nothing to fear. The mode of prosecution so long adopted in our coun [ try, probably contains thrs security in its : utmost extent. Accusation of one injury— t trial by another—the trial being altogether public—witnesses adduced face to face—the prisoner under no restraint but 'from mere : confinement—challenges to a considerable number, in all capital cases, to set aside ju ) rors even for momentary dislike. The jury not being a permanent, but an occasional body, liable to be affefted either as mem -5 ber6 of the community, or as individuals who 1 may be fubjeft to a similar prosecution, by ? their own precedents. All these circum " stances probably provide as great a security 9 for innocence as is compatible with avoiding e a total impunity for guilt. With us happily this is no theoretic speculation. None of us can remember a tirte when these s privileges were not in a great degree familiar •" to us. So familiar" indeed, that knowing '* scarcely any thing of opprefiive prosecutions s but from the history of other countries, we l " are too apt to undervalue this inestimable e bleffmg in our own. To you, gentlemen, are committed pro '* fecutions for offences against the United ' s States. The objeft is the preservation of a union, without which undoubtedly we (hould not now be enjoying the rights of an independent people, aud without the sup port of which it is in vain to think we can ' 8 continue to enjoy them. This counfry has great energies for defence, and by support- E " ing each other might defy the world. But e " if we disunite, if we fuffer differences of le opinion to Corrode into enmity, jealousy to c * rankle into distrust, weak men to delude by >e their folly, abandoned men to disturb the es order of society by their crimes, we must ex- By John Fenno, N° il9 Cbefnut Street. pest nothing but a fate airuinoasis itwould '■ be difgraceful, that of'inviting some foreign i nation to foment and take advantage of our 1 internal firft making us the dupe 1 andthen the prey of ah ambition we excited 1 by our divisions, and to which those divifi- i ons, if continued, must inevitably give fuc- ' cefi. So critical and peculiar is our fitua- < tion, that nothing can save us from this as well as every other external danger, but con- ' ilrtnt vigilance to guard against even the most | distant approaches of it, andbcShg at all 1 ' tifnes ready to provide adequate rtieans ps 1 defence. Our government is so formed, — ' that that vigilance can always be exerted, < and those means, when necessary, be drawn forth. To rely upon these is not only our 1 indispensable duty, but the only chance of 1 securing that union of spirit and exertion, I without which in a moment of danger no 1 efforts can be of any avail. For twenty- ' one years that union has preserved us thro* 1 multiplied dangers, and more than once res- 1 cued us from impending ruin. I trust it will 1 still display itfelf with its" wonted efficacy, and that no tlireats, no artifices, no idle de- 1 votion to names without meaning, <y to pro- 1 sessions without sincerity, will be capable of ; weakening by any impression on a sensible 1 people a cement essential to their existence. ' I deliver this general address, not know- ' ing of any particular offences likely to come 1 "before you. The sentiments have flowed ' warmly from my heart, and I flatter myfelf are not uncongenial to your own. The present fituatiou of our country is such as requires the exertion of all good men to 1 support and save it. I enter into no parti- ' culars, as the Legislature of the United 1 States are now assembled, and for whose de- , cifion every worthy citizen must wait with solicitude and refpeft. Tn the mean time it is of the utmost confequcnce that every man should sacredly obey the laws of the ' ccuntry aftually in being. They cannot be : altered, nor the observance of them in any instance dispensed with, without the autho- 1 rity of the: Congress of the United States, ' in any exigence however great, in any situ- 1 ation however alarming. There is no occa- 1 fion to doubt but that the whole proceed ings of that most refpeftable body, will be 1 condufted with a degree of temper and firm nefs, suited to the important and trying si tuation which called them together, and : that the great objeft of all their deliberations ; will be, if possible, to preserve the peace, at the fame time that they maintain inviolably the honOr, the iritereff, and the independ ence of their country. CONGRESS. HOUSE or REPRESENTATIVES, Wednesday, May 24. (Mr. Livingston's Speech ctnduded) But it is said that Mr. Pinckney probably had power to negociate upon all their com plaints ;he thought he had net; he had powers of this remarkable charafter—" to remove complaints by Jfiewing they were ground less !"—rh this the language of inveltigaiion or of Hardy and faftiditous pertinacity ?—is it the language of conciliatory power ? But what does Mr. Pinckney himfelf fay on this fubjeft:—l am thoroughly convinced that «' the sentiments of America and its govern •• ment, for they are one, are mifundeiftood, •' and that I am not permitted even to at " tempt to explain them, or, in the terms of " raiy letters of credence, endeavour to efflice " unfavorable imprejfwns, to lantfh suspicion s, «' aud to rrjlore that cordiality which was at " once the evidence and pledge of a friendly " union.—Devoted as I am to the liberty, " prosperity, and independence of my coun «' try, the freedom, happiness, and perfeft " establishment of the French republic have " always been dear to me, and Jo have been " instrumental in cementing the goad under " ftandilig, which from the commencement « ef their alliance has fublifted between the " two nations, would have been the height "of my ambition. 1 must fervently piay " that there may be a fptedy and candid i rives " ligation of those points in which you differ " from ad, that affeSlion may banish distrust, « and that the alliance of the two republics " may be perpetual." Had Mr. Pinckney been vetted with any powers which would enable him to enter upon a candid invejiiga tion of the points of difference, would he have thus expressed a with inltead of performing what he so much desired and would have been 1 his direst duty ; no, his letters were those of • an ordinary minister, a mere focceffor to the power of his predeeeffor and 110 more ; and • therefore another assertion that had been made ; of their refufal to treat was not a faft. ; Another ground, the depredations on our - commerce; this must be confeffed to be a great ; and just cause of offence ; but it is a cause ■ that cannot itfelf, without applying to nego r ciation, juftify a war ; in this place he felt it 3 incumbent on him to notice a fingu'arity that ; the sense of dignity and love of justice should . have so much occupied the mind of the Presi dent in regard to the French depredations, - as to shut out all reflection, to suppress all 1 indignation which in the natural order of a reasoning might have been expefted to be ex e cited by the depredations of other nations ; ii Franc* alone appears capable of crimes—to 1- her offerees only are we awakened to n j of dignity and roused to indignation ■{ over s I others a Lethean mist is drawn, and an ini .- tation of the sense and feeling are renderly t avoided—whence does this emphatic silence f arise—surely it does not proceed from any o kindness to us at the hands of Britain —it y cannot be concealed that Britain kas commit le ted enormous depredations on our commerce, [. not perhaps t« the feme extent in ralue as thofr of Fraiit-e, but surely when the nation is called to confidcr its Ciuation and to pro vide forits security, the depredations of Bri tain were wufrlhy of tie nice ret>irds of na tional dignity and exreurive pToteftion ; there is one species of sttrociiy prariifed by that nation, which France h:s never bean so much as aceufed of—the impieiTment of mirTeamen —our citizens have been forcibly ta ken on board Britilh (hi;is of w*r, and com pelted to light in a cause which they abhor red and against a nation to whom they bore j the bed- grounded affe<3iort j nay, more they t have been compelled to afiilt in dtpredations \ on their own coustry j another violence which France has never pretended to offer, is the declaration of unalienable all»gianee, the seiz ure of vefiels belonging to petf«ns who have become citizens of these states since 1783, and cotififcating them as good prize ; France has not done either of those a£ts of violence Upon us, and yet we have heard of no rcnon ftrance, we are not even told of the indignity nor alarmed at the humiliation. He would not impeach gentlemen's mo tives for their conduft in that House then any more than on former occasions ; hut at a time not long finee, attempts were made to drive members from their right of opinion, by the terrors of impending war ; while we exercised an undoubted right to rejedl a trea ty acknowledged to be bad, and which none of us even now perhaps entirely approve.— A pprchenfions were excited and panthoms raised up to appal from solemn an \ pru dent deliberation—every terrific image was employed to display the horrors of war—the ocean was ieprefe«ted to us as foaming with the pressure of a thaufand prows ready to dis gorge upon out shores all the furies and pas sions of war—the earth was made to groan with the tramplling of the hosts »f cavalry, fpreadtng desolation and blood far and wide— our woods were defctibed as in one immense immense blaze with the fcalping-knires reek ed in the blood of our fimpie hufbandmen— the heavens were depifted as filled with pro digies and portentious omens, warning us of our impending danger—aad hell itfelf was described as already yawning ready to receive and punilh us for our prodigality and rash ness, in rouling up the refentraent* 6f an in dignant nation ! Was it not lingular that all these chimeras (hould ft foou vanish ? and now we should be told by the fame per sons who conjured up these delafive threat ofngs to shake our opinions, that because we seek for peace and- negociation we are betray ing our country and laying at the feet of a foreign nation : but if it was right and pru dent at that time to avoid the remote" chances of those horrors so dismaying, at the immense faciificeswe made ; is it not much more so now ? He would beg gentlemen to contrast the consequences ef< the two chances of w«r —and to consider that the adoption of the address, as it stands without the amendment, most obvionfly leads to war. He had already fufficiently prov»d that the alledged refufal to treat on the part of France was unfounded ; there was yet one other cause of irritation of which we complained ; it was the alledged interference of France between our people and the constituted au thorities ; what evidence have we of it ; he would examine the foundation of this allega tion ; in Mr. Pinckney's letter he " thus who regard us as being of some eon " sequence, stem to have taken up an idea, " that our government a<Ss upon principles " opposed to the real sentiments of a large *' majority of our people, they are will " ing to temporize until the event of the " election of the President is known, think '• ing that if one public charafter is chosen, " he will be attached to the intereftscf Great " Britain, and that if another chara&er is " eleited, he will be devoted to the interests " of France," —and he there proceeds to they think more humbly of us than we deserve, they think " that we are regai J " less of our national chara&er, honer, ar.d " inierefts, and subjoins these remarkable " words—" To eredicate this ill conceived " and unfounded opinion, will be a work of " time and labor, so greatly have they been " prejudiced by misrepresentations." So the opinions entertained by the people of Fianfce, and these acknowledged by our minister, actually exist upon the basis of misrepresenta tion ; do they form a just ground of war ; the speech of Barras is confiderd as itifuhing, but (hall gentlemen fay that speech is a just ground of war ? he confeffed the incivility and the unfounded nature of the assertions contained in that speech, but shall we go to war as some wicked nations have done to controul and overturn opinion; »re we fuie wu could re move prejudice or convince the French na tion or an individual of that nation of its er ror, by a war ?—a: d what thould we profit by the effort?— That speech, infuking as it is, concludes with assurances of good will to the people of America ; it is rather vemarka : ble that the representatives of th«" American people should entertain rcfentmentsbecanfe a foreign nation has rxpreffed an affedtion for their condiments !—The American people and the government are onj, fir, and it is impossible to divide them ; the American people have demonstrated to the world their attachment to the government by an unani mous obedience to many laws which they have not approved ; —as well the Batavian republic declare war againll us for the afper fionscaft upon it by Mr. Qmncy Adams, our minister rendent near that republic ; in his letter th* 4th of November, 1796 to the lew cretary «n state, he fays—" The genei.il disposition, even of the patristic party, in this ■ country, lavurs cordially aud lincerely the , neutrality of the United States"—after tta ; ting bis vpinioc why, he aJds—" Bat at t!i* fame time the patriotic p-irty can hav' no a• moxved w.U, diffeient from that which retiy give fatisfa&ion to the government of France. 'Tbty fee! a dfjxndjnce fa abfoluU and irremova ble upon their good v*ilt, thu they facrijtce e'utry other inclination, andJiiencc every other interefl, when the pleafurc of the French go vernment \» Jignified to them, in such a man ner as makes clediion necrffary."—When a miuifter of ours writes and c-uf, Executive publilhes such a letter and such infinuationa as these, it (hould seem a mod exttaordinary example of iticonfiftency in us to take offence at the opinions of an agent of the repuhlc for a similar licentiaufaefs ; csn we wonder when our miniiler speaks thus comemptuoufly of a nat'Oh, that othrt-s (hould make use of a similar freedom with us. But admitting for a moment that an appeal had been atfhially made to the people of the U nited States, and even that an attempt had been made to obtain influence with the people contradillmguinied from the government, wo.uld the government have any thing to fear from luch attempts —art the people f» little ac quainted with their own interests and means of happiness—or have tha government so much to apprehend from their oieafvrcs, that they could have to fear an iffje c£ such efforts ; No L ev ery appeal which-you make to the people the more you strengthen tl.e hands of the govern ment . It is in pei fed urifon with the pravfliqe of all nations to repossess the people 4-ith wfcorn we are about to negotiate in our favour ; it has been our own cor.riuft repeatedly, and it ought to be our condufl now again, we ought by the propriety and temper of language, and by the raoft sincere demonstrations of our regard for our engagements and neutrality to remove the prejudices which the French people have been injufioufty led to entertain concerning us ; our present Prefideut when in the character of mimtferin Holland found the happy advan tage which resulted from prepoffeKng that na tion in our favour ; it was by obtaining the good opinion of the people thro' the medium of letters written by him and published with' his consent, that our revolution derived fiich es sential support and oar negociations proved so fuccefsfui; and who will attempt to rob him of the well merited praise due to his patristic efforts on that important occasion. It has been our uniform praitices to make use of appeals to the people of other nations, and that distin guished from and in opposition to their several governments, we appealed to the people of England, and to the people of Ireland during our revolution, and we went f» far as to tell them, of the injustice and oppression of their own government, and to hope for their ftip port ; he had lately read as a reason for our forbearance that the people would take a deci ded part against hostile measures : he did not think this reason was founded on any fa&s or on any basis of declared afld assured evidence, but in whatever light it might be viewed, k could not beconfidered as a reasonable ground for pursuing hostility or provoking it by hostile language ; however, serious some of the mat ters in difference between the two republicr and many of them were obviously trifling, he thonght the houfeihouid pause before they adopt expreflions encouraging irritation and provo king open hostility we should weigh the im portant queliion whether—if even "all that is charged agaiuft France is true and unprovoked on our part, that there i» ftili a poflibility that we may be compelled to concession, and to re tra<sl our charges ; in ftifpcnding the balances of war u e {hould not calculate upon a positive and inevitable prependeiacy in our favor; but in the addreft we are tald to adopt Jlron'g language ; —if we adopt the language of the re port we shall follow that rash counsel—and the issue no man could forefee ; —he would there fore prefer the amendment wjiich difi rrayed our nleafures ofthat falhion of words only suited to war ; —hut the amendment was objected to and upon very lingular and indeed upon contradic tory grounds, let us examine those objeflions. One gentleman said it was too humiliating ard another that it was incorrcll—one opposed it because it fa d too /ttf/r another because it said too much —and again one it was ton mild and another beciufc it was tot Jli ong ; but one of those gentlemen after expending a vol ume of breath upon the violent confequencep of the amendment, at length Gondefcends to qual ify its vehemence with <4ll if— it is an ufieful particL-, and he would fay fay with Shakefpear, " Your if is a great peace maker." But the great obje&ioij. to this amendment it that we interfere with the executive declaration ; and by implication—That we propose three things, an apology to France, dittate to the Executive, arid rely 011 France. To thele he would reply, that no apology is proposed, and even if tnere were that such a step would be preferable to a war: to the se cond he would compsre the strong cafe of the king of Great Britain, who although an heredi tary monarch, and pofliffed of the legal righl to declare war, that it is never done without previous notification and without a thorough difcuflion and the delivery of advice from tile representatives houl'e, when deemed proper ; justly our conftitutior. does not preclude the re presentatives of the American people from de claring their Sentiments on a question involving their dearest iuterefts ; he did not think i'ueh arguments could be entertained in that house he beiievsd the Preflderit hitftfelf desired it, that he waited for our opinion, and that if we echo ed his fpr<ch we ft» >uld not afford him that in formation which he fought; on the third point a reliance upon France, he woulft not encoun ter it because it was an airy nothing having no foundation in the amendment. Upon the whole, if we reply as is desired by the report of the committee, we put an end to ncgociation, because it precludes all discus sion by infilling on the maintenance of all past errors; we are therein positively declared to be incapable «f mistake, ii it not then defirahle to remove an ofcflacle fatal to free nrgoeijtict., which decides by anticipation difcuflion on the complaints of France, andaffumes the monopo ly of wisdom and perfeflion the rights of de manding redress to onrfclvei, is it not indif penfibly required by. prudence and good sense that we (hould extricate whatever negociator we may fend from a dilemma so clumsy aad for bidding. One gentlerr.au has difcanted upon the mild ftvla-of o*r address of lad fsffion, arid he fees, or thinks he iees, for it is (econ.l fight, iu it the true cause of the difinifiioa of our minifler from Francv, and he considers it as roughed in terms even n:ort humiliating than tho<e of Mr. J'pjj Utth f Ltrd Qrttrvi'tk, he wi/hed not [Volume XI.
Significant historical Pennsylvania newspapers