Gazette of the United-States. (New-York [N.Y.]) 1789-1793, July 03, 1793, Page 453, Image 1

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    A WWW wa , HJBtWttED »l> JWmWßMwgr. MIUMIX
[No. 114 of Vol. IV.]
To the Public.
*T~*HE Editor of the Gaktte of the Ukited
*■ States, proposes publifliing the Paper,
wider that Title, every Evening, Sumiay'j
excepted
To render it interesting as a Daily Publi
cation, it shall contain foreign and donieftir,
commercial and political Intelligence —Ef-
Jays and local and genera]
Maritime information :—Prices Current of
Merchandiie and the Public Fdnds. Also a
fommary of the proceedings of Congress, and
ps the Legjilature of this State :—with a
Sketch of CongreGorral Debated, Brc.
Advertizing favors Will be gratefully re-
TERMS.
To be printed on paper of the demy size ;
hot * larger size ftafl be fabftituted in Decem
ber next.
The price Six Dollars per Annum, to be
paid half Yearly.
When a fufficient number of Subscribers is
obtained, the Publication (hall commence.
In the interim, the Gazette will be publiih
ed twice a week as ufual.—Siibfcriptionsare
refpeftfully solicited by the Public's humble
servant,
JOHN FENNO.
Suffitiktiovs trt received at the City Tavern,
South Second Street ~by Mr. DobJijn, at the ttcrc
House—by other te r jor.s who <tre in '>/ lab
fcriptipn papers, and by tie Sditor at Ail hoitfe,
So. 34, Aorth FijiJi.Strett.
Philadelphia, July, 1793'
THE EO ITOR
MOST earvejth reqvejls those of his dijtavt Suj
frtiers !oho are in arrearsJor the Gazette, to matt
'payment as fio* a< pofllble.—Thofe ptrfons who have
receivedfubfeription money Oft Iris account are drfired
to remit the fame. The arrearages for the Gazette
hive accumulated to ajerious amount—Serious, &s
they are the only resource to di(chargevery Jtrious
engagements incurred in the prosecution of this ex
fen jive publication. Philadelphia, June 26.
LAW CASE.
Robert Findhy, jun. and other J, )
C Lilef filed.
Ship William.
fficetch of the Pleadings in this important cafe,
concluded.
Mr, Lewis on the part of tne libellaots.
THE honor and dignity of the United States,
he were deeply involved in »he de
ciiion of this cafe ; it involves a violation of
Ihe peace of the country ; for if when two
powers are at war, one may invade our ter-
Titory, our commercial Jntercourfe wfth fo
reign nations, and our tranquility become
-BjareriaUy interrupted. Was this an abso
lute government, where the sovereign, oi his
own free will, can repel force by force, the
femedy in a similar cafe would be at hand,
and be adequate : But as in our government
the Executive is far from unlimited, a court
of admiralty, forming its decision on the prin
ciples of the law of nations, is the proper tri
bunal for the trial of such causes. On the
ground upon which the counsel on the other
fide wiftied to put the business, it would ap
pear, that our only remedy would be, in cafe
a little privateer chose even to cut enemy's
veiTels from our very wharves, for the Pi efi
dent to request, without an opportunity of
commanding restitution. He hoped, for his
j>art, that the President would never again be
placed in the di(agreeable situation that lie
was not long since, when a who'.e week had
elapsed after his pleafnre was known, before
restitution was made of a late capture. Ii the
of the court is not sustained, tlren
we are not on an equal footing with other na
tion"; we can only rcmonltrate and pray
for rcftitntion in cale of infringement, and
history teaches us, that a nation without a
tefpe&able armed force, is the furferer by eve
ry negotiation. It has been observed, that
our meddling in matters of the nature of the
cautc before the court would tend to involve
us in war; he rather conceived, that our per
fuitting one nation to annoy its enemy with
in otir jurifdittion without our resenting the
inJuit, have that effect ; indeed, if the
privateer was authorised to co what (lie has
<lone the ast is tantamount to a declaration
of war. He dwelt on the importance of pre
serving peace, and he conceived that a de
cision in this court, agreeably to tl»e law of
rations wou4 teno to effect that deferable ob
jca.
Tits count;! on the other fide had
cstftii% cogniaance at' the prelfcnt caute would
be a violation of the treat*, ami that in call
of a violation on our part the whole treaty is
virtually annulled. The court he was Core,
■vera not to-be-intimidated by such argument ;
Indeed if the treaty is violated, it certainly
is by the flibjeifts of that nation to whom the
privateer helufij>s.
We have bt'cn told said Mr. Lewi-s, that
the court is«not competent to relief in all ca
ses of this kind ; that the William could have
been taken to,Cape-Francois, or any trh< r«
else out of its jnrifdiftion. It might hipperi,
and it often does happen he said, that a cri
minal efdapes atrial in a court within the ju
rifdidfcion of wbieh he has committed an of
fence ; the argument goes only to (hew the
inadequacy of all human institutions in cer
tain cases i hut certainly while we hold the
criminal we ftiuuld inflict the punilhinent.
It had been said, that the court had .not the
power of bi*if>ss impartial i,n the bufinefi, they
could no* condcinn the prrft. He contended,
that there was no jult foundation for this
charge of partiality j IhwiVd a Britilh priva
teer ever be in the lituation of the I'rench is
this instance the law to him would be as it is
to the French in this ca e.
■ ,r \
It bad been said that the owner of the lh:p
William had a remedy by applying to the
court of admiralty, who fliould condemn the
prize in France. On this he remarked, that
there appeared little difpofitiou on the part of
Hiofe concerned in the Citizen Getiet, to take
the William to France, and that a plea could
not be held theie unless the prize was actu
ally brought within the juiifdiftion of that
court. Beside*, though the court in France
might determine whether the capture was le
gal, yet they would do it without an eye to
her being taken within our territo y, leaving
the vindication of our rights of fovtreignty
to ourselves.
He cited 2 Vat 92 tn shew, that it is un
lawful to enter a neutral country in a hostile
manner.
It had bee* said, that this is a cause be
tween the citizens of Great-Britain and the
citizens of France, he considered it as the
eanfe of America herfelf, in as much as it
was the intevefl and duty ef this c ountry ro pre
fer ve a ftri& neutrality : and fiie will he cal
led upon he added for fatnfa&ion, it the cap
ture is not restored, more particularly as the
p r ivateer that took the William was fitted
our in an American port.
I Vat. 289 fays, that veflfbls taken within
the distance of a neutral shore mentioned in
the pre Pent libel are not lawful, 3 Vat. I^2
to the fame point.
Molloy, P. 183 contain* a cafe in point.
L«?e 12l records, that the Romans did not
venture to pursue the Carthaginians into the
port of a neutral prince ; but he had an arm
ed force to make his port refpe&ed ; were we
in the fame fituacion, we (houid not be injured
by the English folding our polls in spite of
treaty, nor insulted by a violation of our ter
ritorial rights by a French privateer.
The P *efident it was said fhou'd l?e applied
to for a of this bufiiefs, that there
is 110 instance of a cause of this kind being
brought into a court of admiralty. No, an
absolute monarch would have fettled 't with
out au admiralty court; but our executive has
no strong arm to enforce obedience to its de
cision ; the cau e is therefore brought here in
a court wliich is guided by the principles of
the law of nations, free and impartial to all.
He further answered to the ojjc&ion, that
no instance can be produced of a llmilar cafe
b.;frig brought into a court of admiralty, that
this only (hewed, that the privateer had gone
further than any one before her ; after in
juring our trade by watching off our rivers
and bays for veXels, after ha/ing made a
capture on our territory, they had added in
fu't to injury and brought the prize to our ve
ry feat of government an ast altogether un
precedented for audacity.
Mr. Lewis insisted on the propriety of not
parting with the property captured without
obtaining redress for the violation of our neu
tral ty; the court does want to fettle whether
there was fufficient cause of rupture between
France and England ; but we have a right to
detain thecaptuie to secure ourselves.
He adverted to the treaty. The pr©vi
fions of it are Airily not intended, he said, to
prevent our enqui'ing whether 3 violation
has been committed on our rights of territory.
If this fliould be the conftruftiou, how can the
Prelident, or even Congrcls interfere without
a violation of the treaty ?
Mr. Lewis concluded by referring to Lee
86, 87,93, 94, 95,9 6 » 78 and 79» ** containing
information on the present cafe.
This mutilated and cramped account will
fervc to give but a faint idea of the mafteriy
manner in which Mr. Lewis handled the cafe.
It is far less diftinft or complete than our
sketch of the obfervattons which fell from the
other counsel on this question ; the rapidity
of bis utterance must plead our excuse.
Judge Peters deiiveied his decree for dif
mifling the present libel as lelevant—which
(hall appear in our next.
453
Wednesday, July j. 1795.
-X*;
ign Intelligence.
PETERS BURGH, Match 26.
COUNT d'Artois, brother to the
late Louis the XVlih, having
obtained the consent of the Eniprets
to visit this Court, armed here on
the 23d inft. The Court carriages
were lent to fetch him and his suite,
and the Vice-Chancellor Olterinan
received hirti on the part of the Em
ptefs in a hotel prepared by ber
Majelly's order, and at her expence,
for the reception of his Royal Higli
nefs. 7he day befoi e yeiterd«y the
Prince was introduced to our .Sove
reign. Yeilerday he received the
compliments of the Senate, Regen
cy, and the city of Pete-r-iburgh, and
this day lie wilj be Vifired by the
Foreign Minillers. Previous to bis
ar/iva! our Court took a decilive
step in acknowledging Monsieur,
brother to Louis XVlth, as Regent
of France during the f.nnority of
the lawful heir to the Throne, de
tained prisoner at Paris, and Count
d'Artois as Lieutenant General of
the kingdom. The Count d'Artois
wished to remain mcog. but in the
present circumstances the Empress
thought it proper that he Ihould ap
pear with all the honors due to his
rank and birth, and has in conse
quence appointed hijn two cham
berlains, and two gentlemen of bis
chambers.
WAR S A W, April !J.
Theday beforeyellerday iheking
set out from this place, for Grodno.
At every port a Ruffian elcorc is (la
tinned to recei»e his majesty, and
the Ruffian anibaflador will confer
with him at Bialoltock, 011 the ob
jetfts which are to be afterwards the
fubjeifts of deliberation.
'1 he a<ft of the Prussians taking
poflcffion offeveral of our Provinces,
will be fagued in the Diet, which,in
future, is to be aflembled every four
or fix years ; and in the inteivals,
public affairs are to be directed by
the Permanent Council.
The Confederation General of
Lithuania has ordered the HettnatM
to proceed with the uimolt rigour
again!} the French, established with
in the extent of the Grand Duchy,
and to oblige them to take the oath
requited from those of the fame na
tion who are in Ruflia.
BRUSSELS, April 24.
The bulletin of the rtuftnan ar
my published this day, and dated
frorm the head quarters at Quiev
rain, contains an account of its ope
rations on the 171b, 18111,19111,201b,
1 lit, and 22d, instant.
On the i7'.h the enemy made two
attempts to alarm our out polts, but
failed both times, and one of their
pat.roles, confuting of 40 men, fell
into an ambuscade, and molt of thein
were killed and taken. The duke
of York arrived ttie (anie day at
Bruges with a corps of Kngiilh
troops. Nothing remarkable palled
on the ißth and 19th. On tlie2otli
the duke of York, with the tnglilh
troops, entered Courtray. On the
2lit lieutenant-general Count de
lintonr set r>ff to harrafs the enemy,
and surprize the little camp taj the
road from Maubeuge aud Boudoir,
which he effected and obliged the
enemy to abandon it, and retire
with precipitation ; they were also
dislodged from all their polls, and
obliged to pass the Sambre. They
101 l»n this occyfion 30 prisoners,
and had a great number killed and
wounded ; we had only four men
wounded. The fameday the Ktench
made a ltrong attack on our advanc
ed posts on the fide of Bavai, but
were repulsed ; their loft we are
ignorant of ; »e had only one kill-
[Whole No. 456".]
Ed, and five wounded. On the f'»?-
lowing night ail the troops r* Coined
their ancient jiofiiion.
His htghneC* the arch d»ifce
Charles ari i»ed hereyellerday irotp
the army.
v- • r
A severe ordinance has been pub
lished by the council of Brabant a
gninft the French-Liegeois andUutch
emigrants: According to th s they
cannot enter the Low Countries,utr
lefs furnifhed with a paflport from
the commandant of ihr fir ft milita
ry poll, nor can they Way in the
country above three davs without
special permiHiou from the Govern
ment General. 1 hose who h"ve
taken up 'heir abode since the firlt
of July »73p, cannot continue in
the country without a fmiilar per
milii 011 t and those who were here
previous torttar time til ait give an
account wiihin a week of their pro
feflion and means of ftibfiile nee.
Their fervent* oruft also be defer ib
ed nominally and individually.
LONDON, May 7.
The Elei'tor of Saxony h;ts obtain
ed from the Stales permillion to lufr
pend the payment of the intend
upon the public debt during Ihe
war —The fame thing was done 111
Saxony in the year 1 778
There are now none of ;he ci ite
vanr Royal Family leroainiug 11. f* .-
ris but the prisoners in heie<' pie.
Philip Egaliie was firft
to ihe A.bbaye, bur hai lii.ee' 'b tn
trmtferifd to MaifeiJlts,
with Kgilitr,
his foh, and Louis Praticis-Jolejili,
heretofore Print* of Cvti.
One of the Kieneh papers (peaks
of the superior fininefs ajid Ucon.
ism of young Egaliie, a boy ot thir
teen ! His interrogatory wa* brief-,
ly this ; " Are you an ArjUocraiJ
Yes.— 1)0 yon know any fa
ther's plans ? No.—Have »t\y
connection with Mad. Silvery ? QJ»
fie !" .
E*tr*& of a Jetter from Eraf&U
His Imperial Riajcfty, wilh : n2
to bury in oblivion every thing that
tended to the Kclgic revolution, ii
going to publi/h a general ainntliy
which is to extend even to ihofe whi
were condemned during the trou
bles, his in»jelly being desirous to
rellore theii honor, and even to liv
deinnify them, if poflible, For thi«
pu'pole, all prolecutions commenc
ed, have been (tapped : the amnes
ty is to extend to all deferrers who
lhall return to their corp# before
the rinonth of October, except it (hall
appear that they have been guihy
of other critne» bclides th..t of de
fer! ion.
" On Satardfty last * nia(Vt»«<?n«
firm the union was celebrated here,
in token of the reconciliation of All
parties, which was conduced with
every demon II ration of joy. After
the ifiMs,rejoicings took place which
laftfd ibe whole da/." >
Tlie French general Mar«fte,wlMt
commanded at Antwerp, ha» emi
grated, with ioine other officers.
On the 17th inft. Garin, admini.
ftralor of provisions, declared Lnthe
fitting oF the Coniqiune, ibat there
'were in Paris provisions fufficient
for three months.
The King of Poland is now reluct
taut'y travelling to Gredrio,by com
mand of the Empreis, under an es
cort of fom'e. Ruliian troops, to fane
tion the alienation and parti.ion of
his kingdom. Yet, on tbis degrad
ing outrage, declaiu>ers on the sa
cred characters of kings are filenr,
becanfe it is not the adt of fnbjetfs
endeavoring to break the hands of
despotism, but of crowned heads
endeavoring to gratify their lull
for dominion ! !
fso
April 33.