Gazette of the United-States. (New-York [N.Y.]) 1789-1793, July 10, 1793, Page 461, Image 1

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[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
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
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
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
Ko. 118, M»tket-fttcet, Philadelphia,
No. IX. of
Guthrie's Geography,
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.
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
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
&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.
JUDGE, that the LIBEL in this cause be
DISMISSED, and that the SHIP therein men
tioned be DISCHARGED from the ARREST
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
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 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
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
and how far it can juftifiably l«e permitted t(>
operate is always a cjiieftion of ftitl greater
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
[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
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
. 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.
* 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
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
From the North-Carolina Journal
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.
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