..: ;;■ "'■■■ v■ ■ ■' '' ■" < A NATIONAL w'gIJISHE.O: A»» SA.tC.RA [No. 116 of Vol. IV.] To the Public, TirC' Editor of the Gazette of the United States, proposes publilhing the Paper, under that Title, every Evening, Sunday's excepted To render it interesting as a Daily Publi cation, it lhali contain foreign and domeftir, commercial and political Intelligence Ef ftysand Observations, local and general :—• Jflaritinii-information : —prices Current of Merchandize and the Public Funds. Also a summary of the proceedings of Congress, and of the L?gillature of tliis State : —with a Hcetcji of CongrefiionaJ Debates, ,&c. Advertising favors will be gratefully re ceived. T si R MS. To he printed on paper of the do my Cue ; toir* tt liiwyr shall befubftitutrd in Dedenj* ber next. Tbaprice Six Dollars per Annum, to be paid half Yearly. When a fufficient number of Subscribers is obtained, the Publication lhall commence. In the interim, the Gasette will lie publilh ed twice a week as ufna!.—Subfcriptious are refpeftfu'ly solicited by the Public's humble servant, JOHN FENNO. Sutfcriptions are received at the City Tavern, South Second Street— by Mr. Doljon, at the Stone House—by other perjnns who are in pl'jjtjjton njju'n fcripiiqn papers, and by the Editor at his houfe t A'j 3 Nurtk Fifth-Street. Philadelphia, July, 1793? H If. D i TOR MOST earnejlly refuep those of his dijlant Suh fuibfs mho art inqircwjor the Cazctte, to make foment ai f*n*i poffthle.—Thofe perfms who have f u-:vc4filifcription money on hn account are desired to remit the fane. The arrearage*for the Gaiette htve aHUmulafed to aferitms amount —VfW>, as they are the onl\ lefourte to difch.arge very serious (*gastv)e>!ts incurred in the projection of this ex fenjivcpublication. Philadelphia, June 26. .. . . \- This day is fubiijhed, by M A T H E W CAREY, Ko. 118, M»tket-fttcet, Philadelphia, No. IX. of Guthrie's Geography, IMPROVED, wiiln MAP of AFRICA. 'T'HJ# T»l»»b4« work will contain [exdufvt , Ji of tM uttfp if .ttx lo«4im e JitUu of ' Bisosut NcwtHampfhirr, Maffachnfem, Coo- ' Bstocat, R. l{Ui«WVtrwiout, N. Yor It, N. Jer sey, Ptiioly'.naiiii,Qi'Wwarc. Maryland,, Ytf» J£. Carolina, S. CWQlitHj, x*d Uc«r*i*. 4 . cdAtaitif a psap-oF the fcat,of war in ; fcutopj! i" Kf». «.'a ittap.M Hungary and Euro- : Tur kgy j No. g. a map of the countries found the<Xqfrh IM e ') No. 4. a whale (hect J*»p of ; No. 5. a plait of the annil lat|r sphere ; N/>. 6. a map of South. America ; i?o. 7.1 ipi;p ot SLwiticrland ; qnd No. 8. a chart •f the worlp. Such of ibe citizens of Philadelphia, as have pot had an opportunity ivf examining this work, rpqurfV'ft 10 fend for (he numbers already Julbiiiherf, m order 10 fttisly themfclves how far it deferrcs their patronage. If, on infprc tiou, tbey fcywid not approve of it, their luoncy ■will be freely returned. Besides the improvements in the Ame rican Geography, the accounts of France will beectf-aftcd frem the French Geography, pub liflitd since the.revolution ; the map ot Fiance will be <>iu{rj»yrd agreeaWy 10.the division into departments: the history of Russia, which, in the London edition, is carried no farrher than is continued to the late execrable invabon of Poland by Catharine : the account of Swe den his been compiled and numberless other improvements will be made in this edi- *,* Subfciiptions are received by the bock f-Ucr» in Boftno, New-Y-ork, Baltimore, Wil mington, Richmond, Chatleflun, &c. &c. July 10. EXTRACT. WAR, may be of advantage to a race of barbarions, who have noteing to do, and no thing to lose ; l>ut $ for a commercial nation, it can be nothing better than a farmer defert ii»g Ms barveft ro bet at a horse-race. But, m an infant government like our*, to hazaid a fo:evn war, unless from the last neceiuty, be the ueiglnh of madness. Wednesday, July io, 1793. t; ■"■"T-ir Df.rtc of ]«l*e cccluJcJ from our hfl. ' IN case, I am aware that it . to only f»id the.veJTel ** teaiujin tt pa," but it' not, it rather appears that it would t.e morr proper foi a diplomatic t»ian a judiciary examination. The ginfcrii principle as to the capture b agreed ; and is fi;ni!ar to that eftabliihed in our treaty with France, which ought to have its proper weight. " It *ai resolved, by the whole court of King's Bench, upon conference and delibera tion, that the Spaniard whole (hip had been taken by an enemy and brought into England, a friend to both parties, had loft the property of the goods forever, and had no remedy for thpm in England. And relied principally up on the book, in 2. R. 3. übi l'ppra bei'pg of Co great authority iV by that book he that will sue to have restitution of the goods rubbed at sea, ought by law toprove two things, ift, that the sovereign of the plaintiff was, at the time of taking, in amity with the King of England ; 2d, that lie who took tlie goods was, at the time of takmg, in amity with the sovereign of him whose gflros were taken, For, if he who took them was in enmity vit& the sovereign of him whole goods were taken, then was it no depredation or robbery, but a lawful taking, as every enemy might take from another." 4. ins. 154- It is true thai by the laws and customs <?f nations, the capture if taken in neutral bound-?, is not a lawful prize, but I 00 not fee that this court can get at that circwa (lancc without holding plea as to the laaju/urjs oj the prize. It-is the original question and not collateral matter whicn determines ji.r.idie tion. The courts of common law in England will not take cognizance of any thing arifirig out of the qtieftion prist or no 44 because the original caufc muitall come into question again." And yet the admiralty had deter mined that the ship was no prize. This will be a proper.fubjeft of enquiry on the part of oiir government or in a court of the country of the captor. Every nation has established theft courts and knowing that, if at war, they are anfwerab'e t° a nation at peace or in amity, if violations oi territory happen in capture*, care is taken to examine into this cii'curnfta"ce. It. on tl tne capture islllegr.l vt n 10 adjudged ; and tfte party taken is liable to damages. Wpe-. ther fnch damages fliatl exceed tne- amount of the fecuri'y given by commanders of pri vate (hips oi'war. or whether one nation is answerable for injuries, done by its lubje<scs to ethers, contrary to, or without its orders, is a matter in which there are differences of opinion among Civilians, and which it is un nrceffary for me now to inveftig^te. It is doubtleSj contrary to the inftrumons of the French government, that any of the fliips commissioned by them, a& in a hofcile manner, in a friendly and allied terr itory. It is to be expe&ed by one power from another, that her cocts and her administration will dojuftice to the rights of fovercignty and neutrality- It will be the more to be la mented if a friend and ally should disappoint this expectation.—But ftionld this be the cafe, it is not forme to lay what proceedings fb< u»d be had. I have subjoined to this decree some extra&s from the 44 Expflftio" oj the Motives, &<r. from the Duke of New-Caftje, the i tifji Mini Tver's Letter to Mr. Mitchell toe Mmilter of Prussia, and from the report and opinion of Sir George Lee, Do&or Paul, Sir Dudley Rider, and Mr. Murray, tbe late Lord Mansfield, on the fubje&s, I have men tioned. which are to be fouud in 463, 482, 437, 49' < 496, t Other authoiities trom Rritilh and other writers might be added, by which it appears; that when two powers have any d.ffeience between thern, the affair mud be treated oy negotiation, and not through the instrumenta lity of their courts of justice. That affairs of prizes are only pognizablc in the courts of the power of making the cap ture, these courts being genera!.y flyled courts of admiralty ; and that it never was attempted, before the fubjjeft of that contio verfy happened, to erect in a neutial State, courts for the trial of prizes taken by belli gerent powers, even where neutrals were concerned; and that of course 110 court of one fovercign has a -ight to try the prizes taken by the fliips public or private of ano ther. A difpirte of this nature ip which the King of IVuflta could not prevail* though weak at fen was powerful at lan<', and had a pio ponfity for war, would illy fu't us. We nave indeed, (hewn that we know how to war, but it is now our interest and inclination to cultivate the arts of .peace. Much has been said on both fids*, to (new the importance of this cause, and the necelL ty of caution in its determination. I am fufficie tly imp re fled with these considera tions. Bat I feel niyfelf at ease in th;s view of the fuKjecl. 1 am periurded, that an) thing which affe&* the sovereignty and rights of our country, will not be palled unnoticed by those who have the power to regulate oui national concerns. On my W account J 461 S m 70WV FENNQ, No. 34, NORTH FIFTH-STREET, PHILADELPHIA — &rVe no difqu'etud? ; far no er/pr .of . u'lFeJl the nation. There is an appaal* froift any 'determination I may give, to afu fcrinr tribunal. I am anxious for the peace and dignity 01' my country ; but not deeming my felt author ifea to judge in a matter grow ing out of the conteft l ; between belligerent powers, nor confide ring this court in this in stance, the vindicatn?c of the rights of our j nation, I leave in better hinds the difcufHon ! on the tlibje<st of national in Cult, and the re medy foV any irjvafion of territorial rights. Tlieinftance fide of. this coUrt seems to have other ohje&s. And a prize court in activity when a nation is at peace, app ears to be a foleijifm in jurisprudence. I DO THEREFORE DECiIEE, CRDE* AND AD JUDGE, that the LIBEL in this cause be DISMISSED, and that the SHIP therein men tioned be DISCHARGED from the ARREST the PLEA. IN THIS CASE BEING RELE VANT. (Signed' FOR THE GAZETTE. AT HIRD'objeftion to the proclamation is, that it in inconsistent with the gratit jde to France, for tlte services rendered us fir our own revolu'ion. Those who make this objection dil'.ivow at tiK fa me time, all intention to advocate the .position, that the United States ought to take ,<>art in the war. They profefs to be friends to our remaining at peace. What then do they mean by the objaflion ? If it be no breach of gratitude to refrain from joining France in the war—how can it h? a breach of gratitude to declare that such is onr dirpofition and intention ! The two portions are at variance with each other ; and the true inference is, either that those who make the objection really wifli to engage this country in the war, or that they Itek a pretext for cenfttring the conduct of . the cl)ief inagiftrate, for some purpose very different from the public good. Tiiey endeavor in vain to elude this infer ence by faying, that the proclamation places France upon an equal footing with her ene mies ; while our treaties require diftinftions r»ybrcforrVti m>dMW. relative ftfuatian. would dictate kind offices ro her, which ought not to be srrtnted to ber adversaries. They are not ignorant, that the proc!amation -* reconcileable with both tho 'e oljefts, as far a« tliey have any foundation in truth of propriety. It has been (hewn that the promise of a " friendly and impartial contiad" towards 11 the belligerent powers is not inconfiflient with tlie performance of any stipulations in our tieaties, w.hich would not include our be* coming an aipjeiate in the war ; and it has b en observed, that the conduct of the exe cutive, in regard to the feventeer.th and twenty-second articles of the treaty of com merce, is an unequivocal comment upon those terms. The expreflions indeed were natu rally to be underhood with the exception of those matters of positive compatt, which -wwttld not amount to taking part in the war ; for a nation then observes a friendly and im partial conduct, towards two contending pow ers, when it only performs to one of thein what it is obliged to do by the positive stipu lations of' antecedent treaties ; those Itipu larTons not amounting to a participation in t be war. Neither do those expreflions imply, that United States will not exercise their dis cretion, in doing kind offices to some of the parties, without extending them to the others; so long as thoJe offices have no relation to war : For 'kind ofnees of that description may, confid ently with neutrality, be fhewti to one party at>d refufed 10 another. If the objectors, mean, that the United States ought to favor France, in things relating to war and where they are not bound to do it iy treaty ; they must in this cafe also abandon their pretetfton of being friends to peace. For such a toriduft would be a violation of neutrality, which could not fail to produce war. It follows theft that the proclamation is re concile able with all that those who cenlure it contend for ; taking them upon their own ground—that nothing is to be done incom patible with the preservation of peace. gut though this would be a fufficient un fair to tile undt-r coftfideratl«»i; yirt it may not be without use to indulge fwne reflklion's on this very favorite topic of gra titude to France ; lince it is ar this shrine we are continually iuvted to facrifice the true in terefls of the country ; as if •' all for love and the world welUoJl" were a fundamental maxim in politics. Faith and juft'ce between nations are vir tues of a nature sacred and unequivocal— They cannot be too ftrorgly inculcated, nor tno highly refpefted. Their obligations are cefinite and positive, their utility unqutT tionabfe : they relate to objects, whicb with probity and sincerity generally admit of be- j n . A brought within clear and intelligible rales. and how far it can juftifiably l«e permitted t(> operate is always a cjiieftion of ftitl greater difficulty. The basis of gratitude ij n benefit received ur KrtfnM, which there was no right to claim, nating in * regard to the intetej! or ackmtare of tAe part\, on whom the benefit ij, oris meant ti> he conferred. If a iepvice n rendered from views relative to the immediate inn-reft of the par ty, who renders it, and is pteduftive of -re ciprocal advantages, there fefeins' fctiicciy in such a cafe to be an adequate basis for a sen timent like that of gratitude. The effect would be difproportioned to the cause, if such a service oui'Jit to beget more than a diipofi tion to render in turn a correspondent good office, founded on mutual interest »o<3 reci/irocil advantage. But gratitude, would require more than this j it would require to a cer tain extent, even a Sacrifice of the inteteft RICHARD PETERS- [Whole No. 43 B.] # . I . y Bat t!j« ("am; c»nw»t be ft d of tt u nut very often, natiofts, that ic can be pronounced with certainty, that tlipic a fqlid famiilation fortfre- of t!i* party obliged, to tlx? service or benefit of the party by whom the obligation Had been conferred Between Individuals, occasion i> not no- frequently given to tlwexereife of gmtifnAfl -0 ((inferring (Mnrfits« from tetni iW<#wiiTeval«nt orV*»imJ*tuwnWj ■ fhtf person benefitted, without »ny otl*r iu tereft on the part of the pertVn who e«*vf*r» the benefit, than the pleafureof diairtifa grfod action, occur every day among intfiVUfudls. But among nations they perhaps never necur. It may be affirmed as a general principle, that the predorninanf motive of good offjrej frtjnt one natipn to another is the interest or . advantage of. the nation, which performs them. . Indeed the rule of morality is in this refppft not cxattly the fame, between nations as {be tween individuals. The duty of making its own welfare the guide of its actions is much stronger upon the fofmer than upon the la'* ter ; in proportion to the greater magnitude and importance of national compared with individual happinefi, to the greater perma nency of the effc&s of national than of indi vidual conduct. Ex»ft'*ng millions, and for fcbe mod part future generations arc cim-- cerned in the present measures of a govern ment -while the contquence-; of the pri vate ast ions of an individual, for the rrioflfc part, terminate with himfelf, or are cfrcum fcribed within a narrow compass. Whence* it follows, that an individual may on numerous occafious meritoriouily mdojs* the emotions of" generosity and bene;Votan?e, not oiily without an.eye to, but even at the expense of his own inreiefl. But a govern ment can rarely, if at all, be juftifiaMe.irt pursuing a similar courfc ; and if it dois-OS ought to confine itlelf within much .ftrifler bounds.* Good offices which are indif¥k> ent to the interest of a nation performing them, or which are compensated by the existence or expectation of some reasonable equivalent*— or which produce an effVntial good to the na tion to which they are rendered, without real detriment to the affairs of the nation render ing them, prescribe the limits of national ge nerosity or benevolence. It is not meant here to advocate a policy abfoiutely felfifli or interested in nations ; tyot tofliew, that a policy regulated by their own interest as far as justice and good faith per mit, is, and ought to be their prevailing one ; and that either to ajfcribe to them a different print'pie of aftipn, or to deduce from tb* fuppofitionof it arguments for a (elf-denying and feif-facrificing gratitude on the part of * nation, which may have received from ano ther good offices, is to misconceive or mistake what usually are and ought t" be the fptings of national conduit. Theft general reflexions will be auxiliary to a just estimate of our real (ituation with regard to France ; of which a clofcr view will be taken in a succeeding paper. PACIFICUS. * This conclafion derives ctinfirmalin fttm Hit rtfitSim, that ¥*i<r every jtrm tj gtMnrent, Kiriiiti*rt inly T*u»t*m for tit and irttrrfi ef litir lutim, i emmet, cenjtJUtily with their trufi, fellow tit fufgtfrtns *f w lovvrdi ttkerj, letif pttjtdtcttf thihr unfiitaent. Our ieadcr> aic requeltcd to correfi the following errors, which occurred in the (croud number of Pac'Jicus, publifticd Uft Wednesday, viz. First column, *d paragraf}!, line, for *♦ incompatible," read comfatihte —3d column, 50th line from top, for ** November," read December.-~Thofe Printers tchi have rc-bublijkcd Pacificus, arc desired tc pjblijh the above cor rections. From the North-Carolina Journal THE CttURCH. ■ ON Ff iday l«ft w« rtifrd in thii town the friime a (Jnrch. —7 —TW tow* pt Hl.l*- W»i incofpornea i« May, 1759, »nd !hcfi>ft bnufe of public warftip"U after gf yttrt. The lain lubfciAed, we are inlormrfl, 4mount to about io jt, M fttU ppco t<> ihl* mJifmfyiJlilMhii. • \ -. ■> r
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