Judge Iredell's CHARGE, Ctm ctuded. It thus appearing, that the second pro- Ipofition is as. grctmdlefs as the firft, and still more dangerous in its nature and ten dency, it follows that neither will coUui .tuie any exception to the general duties which a {Lite ofnfutrality requires. duties, fy ur as an actual observance of ,th« laws is concerned, are equally incum bent upon paribus who -t'' relideut in our country though not citizens, during their stay in it, as upSn citizens themselves. They have not indeed equal, motives to attach themselves to its honor and mtereft; but they receive the protection ot the go vernment ; they pariake of its ben.lits ; and of course mujt be fubjedt to its laws. That order and tranquility which every citizen is boui\d iscredly to lupport, ougiit not to be diilurbjd with impunity by any foreigners whatever. They therefore, ex cept:ng thou only who raay be exempted by peculiar privileges, are equally amena ble to the juitice of this court as citizens. There liill how-eVer reirtains a veiy im pcrtant enquiry, whether a right of prose cution exifls in cases where the Legillature of the United States has made fio fptcial provision, mod if rot a;l of the c afes 1 have been coniidering ( unblended with other ci'r cumft-nces.) coming within that defcri'pti on. 1 fh'iH give you my opinion, Gentle men, upon this fpbjeil, with' all the clear ness and dii'tindtnefs of which I am capa ble, and this I think it is more particularly proper for me to do, because I conr'efs I had at one time cpirfide'rabte doubts in regard to it, though fubfeqtient reflexion a'nd at tention to very able arguments iri an impor tant cafe entirely removed them. The rea sons upon which my present opinion is founded, that a pi ofecution is maintainable for such offences as I have been considering, though no adt of Congress expressly pre scribes it, are as follow. 1. The Common Law of England, from which our own is derived, fully recognizes the principles of the Law of Nations, and applies them in all cases falling under itfe ju risdidlion, where the nature of the fubrect requires it. Even tlie Legillature cannot rightfully controUl therri, but if it pafTcs any law on such fubjedls is bound by. the dictates of moral duty to the reft of the world in no inltance to transgress them, although if it in fa" left full compleat legislative authority as to all internal concerns i|i the several states, and except in Very special cases, no way re lative to our present fubjedt, the whole ju dicial authority was hkewife in the several e . I states. The public faith could be pledged by Congress, and each state upon a pi inci pie of duty was bound to fulfil it, but if r they omitied to do any thing oft their part r which a conftltutional a eft of Congress re • quired, tho' this might be deemed a breach 0 of faith in the Union, the law subsisted as > before. These articles, therefore, inthem " selves, effected no change, for if they had > fiill continued the only remedy of Congress '• on an oceafion like the present wnuld have Y been .by causing an application to be made 1 to a competent state court acting under the f laws of the state, and the rontroul of their " public duty as bound to regard all the con ' ttitutional measures of Congress as to peace " or war, which fixed the relative situation of the United States as to other powers ac " cordingly. l. The effect of the present constitution ; of the United States, in my opinion, was not to vacate all state laws concerning sub - jedtsin rel'pedt to which judicial authority was given, but to authorize Congress to eltablifh courts for the trial of such cases, and also to make any alteration in the laws concerning such particulars as t}ie nature of the new situation of the United States, un der a proper conftrudtion of their legislative authority, miijht require. This view of * the i'ubjeift, ifitbenot liriitly just, yet is " certainly conformable to the adtual fituati " on in which we are placed, because the Congress in their judicial adt palled at their 5 firft fefiion, have provided as follows, viz. ; " That the laws of the several states, ' " except where the constitution, treaties, " orftatutesof the United States, shall o " therwife require or provide, lhall be re -1 " garded as rules of decision in trials at ' " common law in cases where they apply .' 1 There is a statute, particularly provid ing for the punilhment of crimes against ; the United States, pafled at the second fef ' lion of Congress, and there are some o ' tlier statutory provisions on the fame sub ' jedt interspersed in other adls. So far as those make provision they fuperl'cde all ' principles of common law in regard to ''I them. But where they are silent, for the ' . reasons 1 have stated, the common law 1 | which existed before (so far as it is appli cable to our present situation) mult still o perate. They are silent in refpedt to most, if not all offences for breaches of neutrali ty, merely as such; the common law therefore as to such offences is still in force the prosecutions it authorises for such of ' ! fences being so far from any inconsistency : 1 with the Constitution or treaties of the U ' | nited States, that they tend in the most ef : j fedtual manner to protedt the former, and Having had oceafion, Gentlemen, to take up so much of yout time on a fubjedt which naturally and properly, at the pre sent momentous period, engage so strong ' ly the attention of us all, I lhall not trou ble you on any other. I doubt not your ' ftridteft ttention to the whole ofyour duty, but I thought it of the highest moment on the preltnt occasion to redtify many misre presentations which had takereplace, andto point out in the clearelt manner I was able that duty of individuals in support of the government of their country which I fear is too little understood and too (lightly re garded. Such a support is necessary to all governments, but is the natural protection of a free one which glories in having no other objedt than the true liberty and ge nuine happiness of that people by whom it was formed, for whose benefit it was in tended, and whose profperityl trust, by an invariable adherence to those principles which produced it, will be perpetuated, with mcreafing splendour and renown, to the latest period of time. PHILADELPHIA, I JUNE lA. 1 Thro' the favor and patronage of the public, the Editor is enabled to enlarge the t size of the Gazette of the United ■ States. His advertising customers are J thanked for the favors already bellowed . a continuation of them is solicited. I As the expence of the publication is aug mented, without an enhancement of the . annual fubfeription—and the size of the : paper will admit not only an addition to the miscellaneous articles of news, politics . &c. but also of advertisements, the Editor requests a further participation in the advertising liberality of the Public. Greenjburgh, June 6, 1794. Sir, II beg leave to lay before you a state ment of the information I have receiv ed, of the hostile disposition, manifeft ed by the Indians on our frontiers: On Friday 1/ilt in the morning of the lame day, a canoe was fired on, above the mouth of Kelkemenetas, in the Al leghany rivur, by which one man was kilied, and two wounded ; on the fame day in the evening, Capt. Sharp's boat was attacked in the Kilkemeiictas rivqr near to Chamber's ilation, having jufl | set off for Kentucky, by a party of Ed Indians fupppfed to be twelve in num. er ber, there was but three men and one "boy with the boat when attacked and ar the lavages kept up a constant fire on ut the boat while (he kept drifting down to the river. rs, It appears that one man and a boy was killed, one made his escape, and u " Capt. Sharp supposed to be mortally j wounded, the boat with some women and a number of ehildl'en miraculously if! to Pittlburgh. rt By a letter just received from Col. e- Charles Campbell he informs m» that ; h the spies had made a difcoverv of a as large trail of Indians on Pine creek, a 'j bove the Returning, who appeared by ( - s the track to be making for the fettle re ment. le By another discovery of the spies it ie appears, that three canoes with (ix or ' r seven Indians in each had eroded ,the Alleghany river at the mouth of Pu- choty, in consequence of which the fet c_ dement of Pine Run is broke up, and a very general alarrn excited on the in frontiers. is Several parties have turned out vo- J " luntarily to intercept the enemy if pof v fi.ble, and for the security of the fron ° tiers, but as these are not regular ,3 drafts, it is not to be expedted they jf will remain out more than a few davs. l- There is great reason to believe these e Indians are of the Six Nations, and that the frontiers will of course cdnti- ! s nue to be constantly harafledi. by the bed information it appears that manv [ r even of the frontier inhabitant's are defti :. tute both of arms and ammunition : and >, that a fnpply at this plaee would prove h extremely ufefal to such as tur.i out on occasional scouts. Waiting your pleasure and direction > in the promises, 1 remain your excel . lency's very humble servant, ft Wm. JACK. - His excellency Thomas Mifflin, Esq. Fom a Ba/imore Paper of June 11. II The schooner Flying-Fish, Captain o McKinney, belonging to Bermuda, e which has inverted our coast for near 2 v months part, and plundered a number of veflels off our capes, was captured a few days since by the privateer (hip Li . berty, Capt. Laurenty, after a severe v action of upwards of 3 hours, in which e the latter had 17 men killed, and a num ber badly wounded. We further learn, 7 that the Flying-Fifli is now on her way to this port; her arrival may therefore j be hourly expedted. ° By this Day's Mail. NEW-YORK, June 13. l ~ An account of the number of veflels in r> the harbor of New-York the I ith n day of June. ;- 38 Ships, o 52 Brigs, e 9 Snows, 5 2 Schooners, [ 7 1 Sloops, U 162 Sloops from sto 75 tons entitled n to Coasting Licences, o 4° Schooners, including Petiaugers from C to 40 tons it 424 Errors excepted. j' BY AUTHORITY, o By GEORGE CLINTON, Governor of the State of New-York, isfc. ALL Ships and veflels of War be longing to Foreign Nations other than such as are employed in Commerce, coming into this Harbor, are forbid ap proaching the City nearer than one e mile Southward of the iSouthernmort e point of Governors Island: And all D Ships and other veflels of the Defcrip ,e tion firft mentioned now in this Port, are with all convenient speed to remove to a situation, conformable to the above. GIVEN at the City of Neni-Tork this 1 ith day of June, in the eigh e teenth year of the Independence of e thefaid State, 1794. 0 ,GEO. CLINTON. Richmond, June 9. Friday morning, the 6th inft. a fire n broke out in that thick-fettled part of e this city between Meflrs. Lenox and Davidfon's and Col. Gamble's ; it was firft discovered to be in the lumber houfe of Mr. Joseph Gallego, from whence it communicated to that of Mr. James Heron, and notwithstanding the exertions of the citizens (whose endea vours were unremitting on this occasion) they were entirely together - with several other buildings adjacent - thereto. The lofles sustained by Meflrs. Gal s lego and Heron (the principal ftiffef : ers) were very coniiderable. t Mr. BALTAZER DORISH, a worthy and meritorious citizen, who on - these occasions has always particularly 1 diftinguilhed himfelf, by his manly ex- I it v • f ' '" t' ' ■' - ertions, fell a facrifice at the shrine of e benevolence, in the aft of extinguifli i ing the fire, by the fttdden fall of a 1 brirck wall!—He Invariably, supported 1 the chara&erof anhoneft benevolent man, and was deservedly beloved by those who ' knew him. 1 NORFOLK, June 5. 1 Yesterday arrived here the St. Tam ' many, Capt. Dangerfield, in 8 weeks from Liverpool. C a pt. Dangerfield . was brought too by the Worcester : BritilhEaft-lndiaman, Capt. Halt, from 1 Behcoolen, who informed him that the Princess Royal, Captain Horneartle, ' was captured in the Straights of Sua • day. On the 25th May, was brought too by a Biitilh privateer schooner of 8 ' ■ guns, belonging to Bermuda, under 1 ' French National colours. ' On the 3d inft. saw the French frigate ' ■ Concord, take a brig from White-Ha- ' I ven, under Cape-Henry. 1 This day arrived the brig Courtnay, ' Captain Bufhnel, from Amsterdam. On • the 9th of May, in lat. 37, 40, and ■ long. 68, W. loft her main and fore- I • masts. ARRIVED, Ship Fame; Davis, Boston St. Tammany, Dangerfield, Li verpool. Brig Lively, Gait, White-Haven Patty Wentworth, Sheerer, Am sterdam Sloop Governor Baggs, Stamers, St. Euftatia CLEARED, Ship Molly, D'Efters, - Liverpool KNOXVILLE, May 8. On Friday the 25th ultimo, Capt. Beaird returned to this place from the pursuit of the Indians who stole the horses from Beaver-Dam-Creek. He followed the trail upwards of one hun dred miles, overtook them, killed three Indians, wounded four others, and re j took thirteen horses—he also took three ' guns, ten (hot bags, and fourteen blan- ( kets. One of the fellows killed was . richly drefled, and wore a medal en- 1 t graved with the arms of the United ] States—from the date it was presented . in 1789. j We are informed from good autho rity (via the Cherokee nation) that ! between the 20th and 28th ult. a large ■ body of Creeks pafled the lower Che , rokee towns, for war againlt the Cum berland settlements. On the 30tH ult. Lieut. Col. Kelly, with £ party of the Knox militia, went ; in pursuit of the Indians who murder ed Cafteel's family, as mentioned in our last, and 011 the day following, about 1 day break, an advanced party of his command, forded the Tenneflee, near Tellaflee.whete they found the Indians encamped, fired on them, killed one fel- ; low and wounded another—one squaw was killed contrary to the wishes or in tention of the party. The Indians took themfelues to the almost inacceflible spurs of the moiin- , tain, but by the exertions of the men, who ascended it, in the face of a very heavy fire ; they were routed, five war riors killed, and several squaws and children taken prisoners, who were set , at liberty. Col. Kelly brought off three horses, iately taken from the frontiers. . He left undisturbed, their eorn, houfei, and other property, which he found in Tellafee. —— SHIP NEWS. Capt* Webb a few days ago, was chafed by a privateer brig of 14 guns. The Brig Nancy of Norfolk, Captain- Beefom,on her paflage from Jamaica home ward bound, was cast a way upon the coasts of Florida. The Captain, Crew, and part of the cargo was saved, and the Brig loft. Captain Beefom and Crew came pafiengers in the Schooner Hopewell. Capt. Foulke of the brig Sufannal , 58 days from Teneriffe, informs, that 1 a brig from New-York, Capt. Reily, 1 arrived in 36 days. A few days ago he spoke the (hip Nancy, Adams, from New-York, out 5 days, bound to Li . merick. In the Bay he spoke the (loop Sally, 1 Eggan from St. Euftatia, the mate of which informed him, that the Capt. 1 landed at Cape May, in older to convey some important dispatches he had to Philadelphia. Arrivals at New-Tori. Ship S. Carolina, Sheffield Chailefton Adrian 3, Johnson, Amsterdam 35 Brig Harrifon, King White Haven 1 Eunice,Salrtonftall Cape N. Mole Almy, Cutter, Jamaica _Schr. Dolphin, Brain Jamaica Minerva, Sayer,Wafliington,N.C. Sloop Hannah, Concklin Jackmell 1 Friendrtup, P v ock, Richmond 1 Favorite, Goodfel, Chailefton Capt. Johnson, on the 23d April, ■ ■ • ■ f • , /■'- ( F spoke the Commerce, Capt. Poldy, ■ in the Englilh channel, ft ** Brett, bound to Amsterdam. May 5. Boarded by a French He 1 confiding of 8 fail of the,line, abo; teen leagues to the windward of Sc . Saiy a large fleet lying at Spi ; .". U as we came through the channel; May 9. Spoke the Thomas Wlifon» Capt.' Killefter, of Philadelphia, fipm Bourdeaux, bound to New-Y,ork June 2. Spoke the Ontaii), Capt, Wheaton, from New-York, in Ion; 73', 30 W. lat. 36, 24, N. aut 15 «ys ; bound so Canton. The piece ligned " A Friend to t. Theatre" was received—perhaps writer may not have seen the 011 the fame fubjedt in Thursday' -a per—lndependent of the objection i> itlie pointednefs of his remarks, we lub mit to hij) consideration, wheth-1 !i hints already given, do not preclude neceflity of any thing further bei lifhed. LANDING At Wain's wharf, from on bear !, Brig Sufanhah, IVm. Foulke / from Teneriffe. 80 PIPES Teneriffe Cargo Wi '"■'fii 50 Hogfhejds do. di 2 5° Quarter Ca/ks do. < J - 10 Hpglhcads India Market • d<' 100 Quarter Ca/ks do.