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-
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