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<ft doth To it is entitled to,
adtual obedfelice withir} the iphere of its au
thority. In whatever manner the Law of
Nations is violated, it is a lubjedt o, nation
al, and not personal complaint. The na
tion injured, whether the injury be in fad
committed by any branch of the govern
ment, or by any individual, is to apply to
that nation from whose government the in
jury proceeds, or in which it is committed,
4nd if due redress be not given it is a cause |
of reprisals, and mider some circumftan- I
ces may even juftify war. Since therefore
the nation to wliich any individual belongs
is accountable for his psrf&nal oblervahce'
of the Law of Nations, in allinftances where
hiis condudtjaiay affect it, at the hazard of
holtilities to the whole government and eve
ry person belonging to it, there can be no
cafe in which it js more facredljl the duty
ot any individual to conform his conduct,
to those principles which ought to diredt it
nor can a violation of any duty of an indi
vidual be attended with greater danger to
the community. Confequentlj, if there bt
a principle in the Common Law (as there
unquestionably is) which fubjedts a man to
a public profecutiort foi a contempt of' his
duty to the community, this must be un
derftQod as one of those cr.fes comprehend
ed within that elafs of public offences, and
may be proceeded against accordingly.
These principles are now so familiar, that
Ibelieve it will fearcelybequeftioned )what
ever doubt might have been formerly en
tertained) that upon the genuine principles
of the Common Law, where they are per
mitted to operate, a prosecution for an of
fence of this nature would be held main
tainable. The ait of Parliament palfed on
the complaint of the Czar'of Muscovy, has
been blearly considered by very high au
thorities to be in affirmance of the Com
mon Law, which it is presumed would
have afiordediedrefsin that cafe if political
considerations had not induced a different
kind of fatisfaiftjon.
2. It will not be denied that this part of
the Common Law fubfilled in full force in
this ftite previous to the Revolution, it
being in no refpeft inconsistent with the pe
culiar circumstances of the country (which
in cafe of an interference must tieceffarily
controul the general operation of the Com
mon Law,) nor superseded by any special
adt of legislation. An offence against the
Law of Nations might have been equally
injurious to the public welfare and to in
dividuals, if committed by an inhabitant
of this country as if committed in England;
and therefore there was the fame reason for
the application of the Common Law prin
ciple to it.
J. The change in the government could
not do away the Common Law in this
particular, that continuing (according to
acknowledged principles universally receiv
ed in America) upon the fame footing as
before, except in cases where its operation
was absolutely inconsistent with the change
0 ln our situation, until altered by some a&
of the people or of the Legillature of the
state ; and no one will pretend,' there was
the flighted inconsistency in this principle
ot the Common Law with the change in
our government, because under the present
as under the former the fame injury would
expose the state and all that belonged to it
to the like danger arising from the mifcon
dudl of any individual, and of course the
fame feeurity was required against it.
4- The only two ads, either of the Le
g'flature or the people, affedting this fub
jefl, were, the Articles of Confederation, j
,•••■l'. - • ~ ' *
m- an d the present Constitution of the United
States. I fliall give these, for the greater
perspicuity, a diltindt consideration. ,
I. The Articles of Confederation gave
all external authority as to peace and war
to the Congress of the United States, but
>" 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. <i
100 do. do. London particular, d
For Sale by
PETER I W-
June 14. '
NEW theatre:
Mr. & Mrs. Francis's N
On MONDAY EVENING,
June 16.
Will be Presented,
A TRAGEDY, called
Gujiavus Vafa ;
The DELIVERER of his Country.
Chriftiern, Mr. Marshall
Trollio, Mr. Green
Peterfon, Mr. Francis
Laertes, Mr. Cleveland
Guftavusj Mr. Fen*el
Arvida, Mr. Wignell
Anderfon, Mr; Finch
Arnoldus, Mr. Harwood
Sivard, Mr. Warrell
Dalecarlians, MefTrs. J. Darley,Lee
Bason, &c.
Chriflina, Mrs. Whitlocle
Augusta, Mrs. Shaw
Guftava, A Child
Marianna, Mrs. Cleveland,
End of the Tragedy, an occasional AD
DRESS to be spoken by Mrs. Francis.
Preceding the Pantomime, the
Box Lobby Lounger;
Or, TIPPY 808 from Covent Garden,
By Mr. Bates.
70 which will be added,
For that night only, an entire New Pan'
tomime, called
Harlequin fhipwreck'd;
o R,
The Grateful Lion.
The Music compiled by Mr.De Marque,
from Pleyel, Gretri, Giornowicki,
Giordarii, Shields, Reeves,
Morehead, &c. &c.
With new Scenes and Decorations.
The Scenes designed and executed by
Mr. Milbourne.
The Pantomime under the Direction of
Mr. Francis.
Harlequin, Mr. Francis
Leo, ( the Lion) Matter Warrell
Capt. of Ship, Mr. Cleveland
Principal Savages, j jun.
Sailors, Messrs. Balon*, and De Moulin
Savage Princefs,f afterwards Columbine) .
M. Gardie:
Old Thoughtless, (the Pantaloon) Mr.
Warrell.
Billy Whiffle, (his Nephew) Monsieur
Bellona.
Whimsical, (his Servant J Mr. Green.
Drowsy, (the Clown) Pantaloon's ser
vant, Mr, Bliflet.
Cobler, Mr. Darley jun.
Taylor, Mr. De Moulm
Hair-Drefier, Matter T. Warrell
Farmer, Mr. Rowfon
Female Villagers, and attendant Spirits,
Mrs. De Marque, Miss Willems, Mrs.
Cleveland, Mrs. Rowfon, Miss Rowfon,
Mrs. Bates, Mis. Finch, &c. &c. and
The Ghn US of I IBERTY, (<ZUlthSongs)
Mrs. Warrell.
The whole to conclude with
The Death and Rejioration of
Columbine ;
And a Grand Garland Dance.
CTj" Tickets to be had of Mr. Francis,
in Cherty-Alley, near North Sixth- '
Street—At the usual places, and of
Mr. Franklin at the Theatre. Where
places may be taken.
On Wednesday a Comic Opera cal
led the WOODMAN, with entertain
ments for the Benefit of Miss Broadhurjl.
Mr. Green's Night will be o»
Friday.