A hhtk)Ul wa.-jytßMa [No. 115 of Vol. IV.] Saturday, July 6, 1795. —— —: 1 . . ,',t if, 1 . „"" 11 ——.. 'i -.>■ .. * 1 *■ Diftn'6l Court of the United Stares, in twit} the Pennfylvanta D'ftri^. Rub. Findfsy. jun. andathfts, fubjsfls of the tfCreat-Hnfain, Vcrlu', the fh)p tYiljiam and Iht cargtf, nvw in the pM. of f*hila\ielplfia. The lib<el plea and replication Win* firft re capitu&teriibysdie jtidg'e/as well as of the-couocil, he proceeded to deliver hts Day • cRr *» upon tbe pica to ike juri/iliflion as fof. ]6Vrs : I siA 1 '" g'v?n this every confidera . tlon I tfm capabfe of, and nave deliberated on tie- gu rtierft* iand* authorities; brought forv/arrl y Ivy tta#i|pf*i<s pn bostJ) fides the <$ueftiorr,.wit;b> the aacnlioiK ifeey juflly merit. But it feeras to ipe I fiat much his been faidy not immediately*-, frppli'cr.ble to rhe c<nly point I have now to de-- limine, to wit,. Whether- tkiyCovrt is vi-fttdwitW power to enquiry Utothi legality of. the prnt, and to investigate the J ad. on "which all the. r e a[on~ in%s~are ftwi-dcd'? If tbis.fa&is established, and the ex-tent »f our territorial limits afccrtained, so ay to mike jt-clear, that a captUfir has-been inade WitK mTKe tc r r ttonnj nI the United States, tbrre is not a doubt but that a flagrant violtUHMjCT'tiff, righ: of neutrality has been committed, and this isfflUowed by many of' the confluences men tioned by the advocates.for the libeiiams so far as tbey rcfp.tft oar national dign.ty and duty-to* wards a friendly power, in endeavoring to cause reftimtioo and recompence to be made. Xor. does this fefcnr so be denied by the other fidV of the qurfl ort. But the K a rr? foment. ffciil e»- ifts. Who is to enquire into the andeither give or attempt the red 'rejs ? Itisdrfficiilt for a neutral nation, with tlie fecft dKpofa.mos, fp to conduct it felf, .is not to djfpleaft owe or the other of.the. Belli gptent pare tics, heated wiLh the rage os- war, and jealoua of even tommon a£U of jaftfee or friendfhipon iw part. Neither it'C2'fy fdr the nations at war to reftr-4« from/afti ol tfioi. Jcoceevcn in the territories of. tb«ir The lean: under controul are those whose object is not honorable confl;dV, or pair-otic, exertion, Tfhrft are adltatcd-bV a fpirir of 4ucne, wbirh Mot only incites to plunder, the baft and law )efs freebooters, but ta> nidus even. befoiltn, fc\\ (educing into unjuffihable anions thr hrave ft lWt». |t ■ u-ou?d trr for the inccn ft of nations and ihc happmefs of mankind', if by univerfil consent, th'e.quairels«of nation*! were--prevented.' from being turned. so the purpoles ot private advantage. But ihe fwoi <k of those who fight vmH not in our day, be beaten into plough fharej. We mtift iake nations and men, as we Snd tKern, and.cpnfider as lawful, what those at war autHorise, so far ntit refoefts -the panics eoga r«d.: Mkc£ allj in depends much "on the mtercit, the the go^d'temper govern ment,wtiettrrr-jrneutral shaH, or Alall not be engpged inytzr. A prudent and joii conduct, cr. the pv*. <if the neutral, porticnlarly, is the fiyteft preve/itativc. isxi! how t'o evince this is a of cowfidetation vi»i<h those to whom the ► \i THt iimpleft: mode of (jvtncijrijj c».r \n.p3rtitl d.i|po(itton, tsto con*. / . fine oprfelvc 5 10 cuftonis o* other nations in our. Ar* o'J4P anxious zeal to a vp) d co.i.tests may other wife- Joad-us nuo error, v 2nd while we/are eodeavoruijgrio avoid one rock, •\ve #j»ay (r)lit,on anothrr. Mutual toieraijon piuft b? exrrcife^, lor those vho &e at war, snd those who are not have their "r d ilHcult 'cs on ilitis fuo}CK« Lndfr this vitw o< matUT before me,. 1 hrYc g'ven a patient hearing to both fides. ii«d baie'pwrfifuiarly anemded to the argumeuis by vnich ? jurifdiftion"has been endeavored to he eftdUHliVeJ in this court. It mifft certainly be allowed fdr thelib'tHincs, that ih^"/ ; h*ve n«'t b«?rn 's*l*'le to fnew any dtreei arf tltaney UpQft the point. F'»r the' two caOs ol /C)>S' tl«e vt irel c. m mttiing- the outrager neaf the dl Livlrfern, ptid that ofehc Knn'jft)! ord'ertog R' - . ftiiurioij ps the effects takrrr out of ttt» Houlcs of the inhabitants, beiougmg to«a (h'-tp <>♦ a friendly SXitytf. drjven bv tM cticmy m« ii'S flsKx« . app.tai uj been flfts of'-pourr,. end not d«>oe of decrees, or ortlx-rs ot courts ol Admiralty-. M!ct ihefe jurifdifrions enifted ifl both the •cOujurie* ah«w. mm. mn; d..' If The cafc of Capt. Laoda»s, in the Anirr-iciU) fn. ate All'dnc , who -*js i.tuered i y the court ■of jpfar.ee to a fbiptakeji by, turn, is not in poitiV—for, the Fo*ftfs, who appear d as v.tre either fubje&V or pevfond rvlidcnt c<rir,it in F: .incc : awd the (hip was tinder a pa(Tport ol -that nation. Ihe V »tjr be c.ft fl f^i rrf d* as tncm!cs tnd'the capture not being made, Jrom event s, v.tL cafe wes not co'Vnp'ehentitsi uuihe treafy,or tl« ;.u*r nltd by the k"of idauftns. Xti Wr the mitice of the K:ng <>'" thrt ot h'.s h^vinfi the powers •o#-peace aYui Wat, as an aPncndage 10 which he n»l/ht havr rxei ci led ilif« K'irtd Cis authority} I <hcui<* not h«rvc him vested, wunout an attrJf-the Ifrgiflaiiire, with tli<i authoi ity he " ; in - , is tlolihted by BilnlTcr4»o«li whe 'lierhe did'nght in interfering at ail on the oc- Cdfion. II it'bc co&fi(ffent with trea'ies, and other wife right, ot»r legidature can vest the t*ceuiive in fulure finvUar oowers. I (|tould suppose 100 that the Mbettv of felVmg R r >?ef, in ? neutral cctmtft isttOt a prrfcO r: ght ; a<\d may alio be '' — oojifttletec!, by our national IcgiflitiiTc, it » fitfc jflfi of ivguladoa. If any raptures are made vjiihtr our limirs, and the vefiVls or plunder i V orpuefck wit hut our porn ; the (ale may be 1.,i ---bioden. Tltry «nuft then he either abandoned, or carried with-n th#* jurtfui&ion of the captori ; vyhere the pYbprr.couns will of their v. Ycf. this is a matter nvt nf .judicial bin of. political arrangement arfd 'tnuftbe left to those wfco have the *uihority to dirifcl. The fovere-'gnty of our na'ion is as completers that of any other. 1 herefore whatevet other fovercigns can r!o, we {wve in oiw power. But beCuuTe, at this tiwe, the awtharity fu pooled on this ocnation,, is not as it id allddgcd to l>e IV)mid in the executive branch,.! do not fee that the ju-di c»ry ought to exercise it, us a cnnfcq.uence re fitting from political coiiycjuenee or the necef fky ol partici#l»r cjtfe. Tins I*, star would oca novelty dilated by our aeal,. and might p;ive cause of offencq to one, while we were aim ing at julLice to ourfelv-s, or g;.itihrat'on to he other. I hesitate not to ufc auy plain authority, I know this Cnuf-tto poffc-fs, let the coufeqiience be wivat tt msv. But this is a qucfiion too im portant in iis to Ue a£led on but on the, rnun*H< I »gree licir ,as Ido m rijaay of thv-;r Other position's, wr'fr4* the adVocattt YoV the libelltjVits, when they* fay that l — 14 courts of admiralty jnr»rd:ft*ion are lei's liable'to objec tion as theft; courts arc tcgulattdJ tty the laz»s and cu/iQMiuof albv/tfffiß'jt and riot liable so political b. as or entangled in political conhderations.** Thtvfbould induce th-e greater caution in tfreir determinations. I .have not seen arty, proofs that " tktUtoi Mid ctji'oms »f a/I ntiiiovs" warrant the iuttr-teKncc ofj"tnis CAurt. Jif they do not, no authority.caii be derived from oor own laws, if they were nor silent on ths tu&je£l, In tf»e cX-- ift'ng arrangement,of our government. we did not- calculate on our.relative, fixation, artacon.. telb between other nations. If, for this realon iio immediate remedy is at hand, who can jti.ft ly ccnfiire.the executive w-hen he has givejxde cided ' vifk-nce of Bis impartial and just inclina tions ? Who can with reason blame the judicia ry, if they will not ?iTomr 9 power not con ceived io he v« ft-d in them? Not t-hr jovrn)- ment of rhfc'ccnint'TV whose fubje&s are the* Ji- so' wiiom I v. >Hy every degree may be done. — The principles cfta"blifhcd its the thf ! ir-own ceuVts, and'thc opinions oftbeiV most retafrftoPcd lawyer* in the om- Svjcfia in a grcat rtfgtcc reach iftc point, 33 to judiciary authnr'tv in a neutral nMioti. [7o be concluded in aur nixl.] Mr. F/lnno, If a ua-t\toj(au'ior- appears infont of t.Ujot/owing, the ft- ivhuh rt-fcr to JirvjligMc cho ractcrs arc,zv'urtk\-tne attention of. th<: jref eUtioxs of thisJlatc —Piexkje the-iejore to rtpubhjh the J whole article. S.- I Frusii th* American Daily Aiveriifcr. ; To thi Citizens of the Uiiitcct States. , THE defeiftion and treachery of | general Duntourier is bjg r w ith ; hfftructiutr to the citizens of tie j United States, The general pot- j folicc! great taltnts and 1 knowledge, | Ivji he was dtwid of vrrtue. He ; lived in a splendid and expei.ffve' j ft lie fWr beyond hts ctrctimliances, j whicu pisjKti ed' the v> ay for his j yie;drngta t4i<- I'edWiion Aultri a» and Biitifhgold. i Ine Americans are je lons of •heir liberties, biw: il».is jealousy 1 does nut exiend fufficieinly Co the moral characters of their rulers. A pvoflig-Tte man cani:o.t bff a patri ot, and it fitch r perfpn dbesfnot be come a traitor, it is only because he is not tenipted. Ic has been laid, that ifFramcc be subdued, the confederated del'pots will turn their arms against the re publics of rtmeiica, No facli thing js probable. Eur it is more than probable they wiil turn thecunent of their gtsld against us.—By means, of this powerful weapon, they ma> j bribe men among us to introduce i monarchical systems, habits an" , laws into our country, or to fubvcit j our governnietits by ;» Utic , and cry againlt the compofuion of I power in our legiflatuies, oi .o i-i . volte us in aidefttotfive war by t.v deceiit pirtlicjttions agaiii'd the < ojifh or French nation. It beci me; The Americans, at this avvinl C' in human affairs, to k< ■>/ a good,cok out. Thev cannot do this more et fectttally ihaa by keeping a trye upon the private charaCtffis .. their rulers, and.by believingeverf libertine atnang them to be nal* 1 traitor. A WAiCHMAN. 4 57 F£NNO, No. 34, NOfiTH FIFTH-STREEJ\ PHII.A Dfil,PH] A. sJfteM GAZETTf.. ALL goven>iTients tend' to tyran ny. Cnnttitutjons ami Decla ration* of Rightsj are a feeble bar i-irr againlt alpiring aristocrats, 1111- lels rtrengthened by a general djtf fulion of knowledge, and guarded by an enlightened people. Pobtic Free-Schools, theinflnutionof New hngland, and the free circulation of newspapers, are the ground-work and the grand prefervotive of liber ty, equality, and the rights of man, in a social state. It is therefore a pleasing reflection, that, thele are nn\v more than ev;er fioftered in the eastern fhttes. Travel through-any part of the country, and you behold new fcbool-houfes eretfiing, and old ones repairing. In molt of the new to wnfhips, appropriations are of Untie tf"tS*6Sd3CT for the:fupport of fthools and pub lic worlhip. This is true republi canifin, r. hich chains dvnvn the nionfter of despotism to the grotiud. In a country like this, a man who neglerfis the education of his chil dren, commits 11 talon against the state. Foreign; Intelligence. LONDON, April jo. THE reft oration of the Imperial authorities in the Low Coun tries, was the immediate cohfqqtierice of the Austrian vi<stories-. Whilo the splendid mifcries of royalty at tratfl so much regard, the homely sorrows of (lie vulgar cFemand loine fliare of our fymparhy. In thecourfe 111 una j. >. lierlands have been <$oome< the Net to. feel ' evei y fed variety of pain ; and change of p}3ce is enly change of'woe.'' At one moment they were ' Hilled i'n the embraces of French fraternlfers ; at another forced to crouch beneath the fwordof milita ry violence ; St one time compelled io embrace a fchelme of angrQhy, and at another to L'ubmit to a fyftew of o|:'preffion which violated every princiipl* of gen uine liberty and fa- Krtary fubordi'nntion. The possessi on of these provinces is no lender obtained by multiplied sieges of for tified towns, which contrail the ex tent of warlike operations, and con ; fi-iierheir coifeq-tiences within a nar j rower sphere ; their difinaiitled ci i ties nnift yield to the attack of a fuccefsful army i and a single battle may brill.™ upon the oopntry sf train of calamities which it is as fruitlefs ' ta refill as it is importable to escape. Perhaps, however, the conduct of France was more deltriwtfKve of the domeflte repose of the people, and more inimical to t he-habits tliey had acquired, a»d the prejudices they bail imbibed, than the n.oft arbiWy adts of their former rnaf ters Theiraassertt r t ion for the Carhaiic faith tmift have Inspired thetn with againifc those lawless in nr.vutors who were lubftituting a code of infidelity in i s ffead ; the t'tuiiiltuons afl'emblies which weie fiim mowed together under the auf pitcs of the repold.ic, and the rash p-oceedings by which those nieet- I ~,gs ivere'diftinguiAied ; must have j ,-V*ived their predilection for those | ariiiocia ic tribunals wbich admi | m<te.ed municipal joflice with im ! parjiality, however ndveil'e they i inirht be fnppotcJ to the p-ocefs of | political freedom. —If the- p ernors of the 1 w countries remember, in the fealon <*f i eiivrntng pruiperiiy, the profiles of whit., the; were so liberal on the .eve cf t h<*> ia>e ex ppWion. it may still be potable to in furc a liable atid hupp? tunfUrunon to this hithet to tlHti-acfed 'erritcry. "In common with every orfier state J& 4% [Whole No. 43 7/] ot> the continent, it raisins ru diments of r hat feudal Pyft<;lo () f !e- Riflatidn and policy vliiUi t<he u;- Jearches of the profoundeft ii,« Hi rers, and the experience of many centuries, have proved to be capa ble of being reduced into a form of government rhe mo ft adapted, tq Eu ropean nunniers, and the most, con genial to the present condition of mankind, wiihout recurring to visionary fpeculatioiis of political | economilts, or the ahnoft obliierated I examples of the commonwealths of | antiquity. But in order to accom plish this purpose, these provinces rtiult be emancipated from their de pendence on the Imperial'coorr ( and their fubje<Smn to a foreign Hand ing aim}-/ Of this event rheri; is unfortunately little proba-bXlity at w ■ - '• ' ■ I'll • k. IfclllVVW pedi to a greater diltance thaw e>. or as tlVeiv revolutions have Had thi etTeft of ptfrfuading many ed minds to leave the anrendnieni of (heir to fbcietifs verted from tlieir original end, ihe fantaftie improvements of polijhed life, or the arbitrary coTicelHotts hf sovereign authority, rather than .0 principles deduced 1 from the la'VS'of truth and renfoir combining to for in a ftrirt political' union smong vai'i on'i ridependenr tn'iimniiiuies, •' '■ , . », . rJ.'.'>,■ 111 ' Wite4 States* ALEXANDRIA, June if. Truncation of the answer of Cnpr. F'errey, commanding rHe fcboo* ii#f Satis Culortf, to (he arfdrrfs attioi Baltimore, ijth June, rlbi, Second year ofrhe French Republic. Gttikcbi, I have with inejxprcffibi'e pieafure, the Umd letter £®o fl?nt nie by citizen Cherui. The priwi pf'es you drfplay in it (hew yourtrue and well meaivr patriot ism. The opinion yoo hav? formed of vy courage, penetrates me vvi h gra'ti-" rude. ' Whit Aould not nien So to tFefend such a cause ? What (pould die}' not do to deserve the name of restorers of the freedom ot man kind? This is the honorable title, that our perfjtverauce .wi'H obtaia for us among futu e generations. lir Ft not ten tfcqpfand times more gforious to die victims to the hap piness of'oui' Fellow brothers, than to triumph under the orders cjf whimsical tyrauts, who engrosS all the honar of the combats, at which they are not even p,refent YVs,uri- These confid'ei a-tions, I think, are very proper to iuflamt? courage in every heart. There are: certain eonj'u natures in life, when we ought to facnfice tlie.tranquility of a moment to the promotion and glory of thp human race. Such is the cafe in the prcfeni' war ; the success of wtyftch is interesting 10 every free- nfiiioii The thick veil of prejudices, which is fpientl ever f*e eyes of Qwr combined enemies, will soon be tjorn off; and then they ■will blesS the thunderbolts with which we a»e going to ftfite dead their rfefp«t-», atid embrace the arms ViJ which we are jjoiii-g to carry triumphant li berty into their unhappy cutinrry. Keep yo-uiTelves always ready,ch lizens, to- come at ihefhft call. We eageily accept your patriotic efFer; perhaps in a /liort time, »f (hall want you. Prepare, as mnfh as ic lies in yo«u power, the miids ofour country in en to fly td the flanctarif oflitterty, when the cafe requires preTcnr render t« the rotninon cause. llepiefent to those who Indulge in i > d 3532^:^^1 - S?i - , f' v; &33f the prof- [OVtfl
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