Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1803-09-13 00:00:00, page 2

mit of no drains of rhetoric or prolific allu
sions in language ; but claims sober argu
ment, and precise rcafoning.
There has been no technical, accepted de-'
finition of it among nations, or eflablifhed by
authority among u en; but until lam bet-'
-ter informed, I (hall call it, an equal, inde
pendent right to the exercise of sovereignty.
What is a right, what is independence, and
what is sovereignty, may be. as they always
have been, though unneceffarilv the fubjetb
cf difeuffion and controversy. Where there
are no conventions, or treaties among na
tions, there can be no national rights ; but
the independence and sovereignty -of differ
ent powers, point them to arms, to defend
what they gall their refpeaive rights, and
those rights are commensurate to and co-ex
tensive withtheir strength.
The la%tfnations has been the fubje& of
declamation for centuries pad ; and the mod
learned, anlthe best men in Europe, have
treated it with.great attention ; but have
not teen their wishes accumplifhed, by an
cftablifhed system of principles acknowledg
ed by the European powers. Good and great
men, are ready to form an opinion of man
kind,merely from what they wish them to be
whilst others, on an oppefite extreme, des
pair of any confiJerable degree of perfection
in morals, from a review of what they con
ceive mankind to have been. The course
of nature will not be changed ; the'tide
will never snit every man's convenience, or
the wind fill the fails of every man's' barque
according to his withes. That which is fair
for one man will be foul for another.
Before Grotius wrote his treatise upon
war and peace, a few centuries ago, there
were no adequate ideas of national law in
Europe. Learning had before those times
been confined pretty much to the Roman
fivil law, which was established by that na
tion, when it poffefled, in dominion, an ex
tent of country greater than all Europe,
Their civil law, coneding the principles,
and modifying the government of their Em
piie, has been mihaken by more modern
writers and good civilians as the law of na
tions. Abciicus Gentilis, who was a learn-
Eastern, 2 —22
Middle, 3— 33
Southern, 4 —45
It follows that the eastern states have, by
a fraction, less than the r (hare, and that the
middle and southern dates have by a like
, fraction more than their (bare.
4. With regard to the judges, no remarks
shall here be offered, as not one of them has :
been appointed by the present adminilira-I
tion ; nor are they (object to its removal.l
If this view be generalifed by condensing
all the different descriptions of officers, it
will appear that, according to the common
flandard often,
7 he Eastern slates have 3 —lB
Middle 2 —89
Southern, _ 3 —93
Compare those numbers, with thole above
Rated, to which the several dates are entitled
according to their numbers, and it will ap
pear that while the New-England states have
more officers than fall to their (hare, both the
middle and southern states have less.
The view will be rendered still plainer
by the following statement :
The whole of the above offices are seven
teen, of which the eastern dates are entitled
' to / 4--57
And have ^ 5--00
The middle states are entitled to 5--37
And have 5--00
The southern states are entitled to 7--06
And have 7--00
These close mathematical views have
been taken to demonstrate the several results,
and thereby to deßroy all doubt. They
place the fubjea on ground which cannot
be shaken, and prove the entire exemption
of the preferit adminiftratin from all par
tial feelings, and all local attachments. The
distribution of offices appears to have been
made with scrupulous precifiqn, and if any
favor has been ihewn, it lias been to New-
England.
Let it be remarked, that many of the
southern officers were in place when Mr.
Jefferfon was e!c&ed President ; that while
he has appointed to office four southern cit
izens, he has nominated the fame number
from the eastern States, notwithstanding the
preponderant number of the former ; and
that while he had appointed to office but one
citizen of Virginia, he has nominated two
from Massachusetts. PUBLIUS.
— rair iiwn'll/iu —«CT^^ra±= -—-
From the Chronicle.
On DEMOCRACY.
" National Honor is National chastity."
A DEMOCRACY has the fame hohbr;
to defend, and a republic, or elective demo-i
£racy has as Brong power to defend it, as a
monarchy or arißocracy has.
National honor, is an important theme a
rising from faffs and principles which ad-
ed Junft, and was profeffor of eivil law at
Oxford in 1580, was betrayed into that ei
ror. When Grotius came forward, hi
great learning and uncommon researches d<
manded the attention cf Europe. What w:
unfinished by him was compleated by Put
fendorf and Vattel. These writers are nov
considered as the authors to be Budied, i:
order to gain a thorough knowledge of th
law of nations. Yet the Budent meets wit!
this difficulty ; that while Grotius placet
all the principles he treats of, upon the feel 4
ings of morality, Puffendorff, states the rela
tion bet ween nations to each other, to be n<
more than what individuals in a Rate of na
ture, without the laws of focicty,are to each
other. Vattel on the other hand derives all
obligatory rules forth! duties of nations, to
wards each other, from treaties and conven
tions. This difference has a natural origin,
and can never be completely reconciled. It
will always exist in a degree, because there
never can be a fupreme,civil tribunal, to es
tablish rules of decision among the powers
of the world.
Notwithftandihg all the learning expend
ed on the fubjecl, in some countries, ftrang o
ers are robbed and murdered, as they were
by Bufirus king of Egypt. The Germans,
Arabs, and Tartars plunder flrangers with
impunity and without remorse. Bufbequis
mentions several Turkish nations where an
adroit thief is considered a very honorable
character. A Roman would not kill an en
emy but in fair combat ; an Indian will lie
in wait, to destroy his "foe by fraud. A*
chriftian treats his prisoner with courtesy,
but a turk treats him with cruelty as a slave.
There is not as yet, a Bandard, ettablilhed by
common consent of nations; as the law obli
gatory on different powers, regulating their
conduct towards each other. Grotius places
it on the principle of re&i<ude, PufFendorf
explains that principle, by putting independ
ent nations on a footing towards each other
in the fame (landing as man is to man in a
date of nature. Should we add one dictate
of Christianity to this, " do to all men as
you would have them do to you," the system
would appear to be complete. Though this
is not expected in the present Rate of hu
man nature ; yet because perfection is not
to be obtained here, it will not follow, that
we shall not hold it in view, and make it the
high pursuit of our lives.
It is not practicable to throw an eßay Up
on the law of nations into_a gaz. production;
therefore what has been laid, is only intend
ed as an introduction to this position, that
where the United States are without a trea
ty of Amity and commerce with any fover
cign power, there is a rule of right between
them, according to the laws of nature and
morality ; and where they are tinder such
treaty, the cempaCt contained in it ought to
Controul and govern the conduct of the par
ties towards each other.
Upon the position of the following hypotbefis
is^rounded ; that every nation without a treat)
with ns, will aft for what it shall luppofe to be its
own interest, and will confider that to be right
wich force can accomplish, within its own claims
founded in nature and morals, of which it will be
its own judge independent of ns. We are now
reated in that manner by Tripoli, and others of
the Barbary powers, w hich have long levied con
tributions by force from the European sovereigns.
We are in a convention of Amity, and com
'merce, with all the powers of Europe,from whose
enmity and friendfllip we have any thing to fear
or hope. We therefore have no other concern in
order to preserve our national honor with them,
than to fulfil our treaties on our part, and to
compel them to fulfil the feme bn theirs. This
will be preserving to curfelves an equal indepen
dent right to the exercise of fovreignty. When
the Tripolitans, with whom we have no treaty,
attack our commerce on the sea, which is the com
mon highway of nations, and the equal privilege
of all, we midi attack them again on the princi
ples of feif defence.
Should any of the European powers, contrary
to their treaties with us invade our commerce, we
must then, in a prudent, difereet, and national
manner, reciprocate the injury, with a hope to
compel them to a redress ; and thus vindicate
with moderation, our national honor, by preserv
ing our equal independent right to the exercise
of national fovreignty. But here we are to dif
tingnifh with the learned writers Bynkerfhock,
Vattel, Grotius, Puffendorf, Montesquieu, and
others what is a cause of war.
When the nations with whom we have no con
vention, shall capture our ships or interrupt our
commerce on the high seas, we most resort to the
law ,( r~i*b fl .ion ; and when those with whom
we have conventions, fhaii iffne letters of mart,
or commissions for capturing our ships, contrary
to the fpiftit of their convention and treaties, it
will amount to an abandonment of the conven
tional rights and be a just cause of war. Nation
al honor, that is, the equal independent right to
the exercise of fovreignty, is the foundation of all
commercial treaties, and of all conventions of am
ity. Those treaties, and conventions, niay sur
render some part of a national right, for the re
ciprocation of others as important to its interest,
but national honor is not, nor can it ever be abridg
ed, or surrendered by such conventions. The
moment national honor is surrendered, the party
ceases to be a sovereign power, and there are of
course, no parties to the compact.
The equal fight to navigate the sea is an
indifpehfible appendage to sovereignty, and
cannot he taken from one power by another,
without a violation of its public honor.
But in conventions of commerce,there are
commonly, compacts in regard tocontraband
goods in.time of war, and other regulations,
the breach of which render vessels liable to
feizurcs. Vessels taken from such causes
This fine country was difeovered by Fer
dinand de Sotto, a Spaniard, in 1541 ; after
which the French surveyed and took poflef
fion of it, and in the reign of Lewis XIV. a
company was formed, and the usual a&s of
colonization, by fending fleets, armies, and
settlers, were exerted. Ih 1763, the terri
tory was ceded to Spain by the French
crown. The fame year the Floridas, which
had before been, by freqdent changes, under
the dominion of France and Spain, was ced
ed to the crown of England ; and in the
peace of 1783, was after conquest, agair
ceded to Spain, the treaty which ceded
that country to Spain, recognized the in
dependance of the United States, as a party
in the war v hich it terminated ; and exclu
ded the Floridas and Louisiana from the lim
its, but gave them a right of navigation down
the Mifliffippi to the sea, and a privilege of
Coring goods at New-Orleans. The peace
between England, France, and Spain, lately
made, continued the Floridas and Louisiana
to the king of Spain ; and that Sovereign
has lately made a ceflion of them, with Lou
ifiana, to the French republic.
Upon this plain simple Rate of fam, we
have been Urged to become a party in the
European wars# There was one circum
stance, which, on the principle I have
maintained, might, or might not have been
considered as a cause of war# The Spanish
commandant interrupted out right, which
we held by treaty with his fovercign, of
landing our produce at New-Oileans. This
went towards destroying the benefit of our
navigation cn the river. Had this been an
a& of bis government, it might have been a
cause of war# But on examination, it turn
ed out to be no more than a Wanton violation
of that officer's duty. Thisalone fhewsthe
propriety of a patient investigation of an in
jury, before a nation shall resort to the last,
and most dreadful remedy.
The main causes of war, as urged by the
high federal party, (as they choose to call
tbemfelvcs) was the late cession of Louisiana
by Spain to France. How any man of com
mon understanding cculd suppose, or affe&
to suppose, that our national honour was in
jured by that compa&, is among the myste
ries of party politics ; our trade, navigation,
extent of territory, and its appendages re
maned the fame as before. Nor was there
any greater violence done to our national
rights, than there would be, if the king of
England should now make a cession of o r , e
of the Canadas to the emperot of Rt;F a
One foundation of the clamour %
, . -. %#(
the French republic was a hod;j e ~
some nation, and of course Would A
rous neighbors. The fame r ' an ^,
juftify our fending an arm. w °^ d
make war upon them, ar .' 2°
• 1 would ;n(bfv the
nations in Europe to f.n J yroe
time of profound foe, b&fe
be dangerous in a. time df w a & } m '^ h
The French nattoh are the 1
n ow , that they were when ^ le
I cannot be laid to be captured; and even if
bey fliould be unjust y condemned, yet the
orm of the procedure excludes the idea of
? s being a violation of national honor, or a
uft cause of a war. The fubje& whose
roperty is thus violated, will complain to
is own government, the envoy of which,
ill demand an indemnification of the power,
vhofe officers have done wrong. There is
ne other instance, where the property of
^dividuals may be injured without a viola
*on of national honor. Where foreign nat
ions wage war, they grant letters of mart
.nd reprisal against the fliips & goods of each
"her of couife. The vessels commissioned
□lay capture vtffelsof the United States coin
ing from, or going to the port of the Captor's.
~nemy, under a pretence, or fufpicwn, of
hier being enemy's property, having falfe
papers, &c. --this, even though the property
thould be condemned, is no violation of our
national honor, because the procedure and
process, is grounded in form, at lead, upon
fads, which, if true, wpuld make the pro
perty captured confifcable by the exiting
treaty between us and the captors. Should
he power which captures our property, and
condemns it unjußlv, refufe to revise the de
cisions of its courts, ad to compensate the
fuffering party, this may dr may not be a
violation of our public honor, or a cause for
war, as the evidence and circumßances may
be.
W hen one nation invades the territory of a
nother, there is no other appeal,but to arms,
nor can the honor of the invaded nation be
vindicated by any other measure.
There is one case which does hot ap
pear to me to be fettled by writers on nation
al law. Where one power demands of a
neutral fovercign the priviledge of marching
an army through any part of his dominions
teattack an enemy. This perhaps may,
by the law of nations, be complied with,
or refufed, as circumflances may require,
without giving just cause of war, to either of
the belligerent powers.
It may not be improper toadd afew words
on the fubjedt of a war, aS one has been ve
hemently urged, by a certain party, against
France and Spain, on the fubjeft of Louisi
ana.
Much has beer fair of the Daily Rose, cultivate
ed last year by Mr. Rutledge at Neu port this
Rutlepe is certainly a curious Florist, and the pub
lic will be surprised and delighted, to hear that at
Wethersfield in this daie, he his cultivating with
great tare and fnecefs, as it is said, a Nightlyßofe.
It rs/aid, by those who have seen it, it is a very
lar% e blcfl'cm, of deep colour. Some of his par
ticular friends, complain that it is rather too frag
rant, he however, afftires them that life renders it
extremely agreeable ; that he conhders it the most
charming of all perfumes.
The Daily R o se is a native of Asia the Nightly
Rufe, of Africa. The latter fptcics Mi. R. is en„
deavoring to propagate, and we are happy to hear
his endeavors are likely to be crowned with the
Tnolt brilliant success. It is doubted however
whether the blcffoms of his propagating, will re
tain the beautiful gloss and richness of color of the
imported Rose.
American Mercury.
BARLEY & FLAXSEED
H'anfed
By Wm. &C Neil,
for which a generous Price will be
given at their Store in Buck-street.
Porffmauib Sept 5.
Nov Landing and
for sale,
By William Chafe,
70 Puncheons of Grenada.
RUM.
Portfmotyb Sept. 5.
REMOV'D.
Langley Boardman
INFORMS his Friends and the public that
be las removedfrem his Shop be occupied in
Ark lane, to his new Store, corner op Vaughan
and Congrefs-flreels, where be carries on the
Cabinet Making Bifaefs,
in ail its various branches, with neatnejs,faith
fulnefs, and punctuality, and the fmalleJl fa
vours will be received with gratitude.
Sept. 6.
Dyfentary.
A Certain cure for the Dyfentary.
Dr. Herfkell's celebrated Pills
& Powders for the Dyfentary '% nj c h
were never known to fa ; ] effe&jr,
a cure, when taken feafon#'
just received an{ f or r " e
Peirce, DanQftr „ r
Price 1 DoP ~f' Portsmouth
-dr a box.
p ' acre may Ue bad also
.. f. Herfkeli's cure for thejaun
<^oe, and a variety of other Patent
Medicines.
at this particular time, when the
Dyfentary is making such dreadful
ravages in many towns in this State
a trial of the above medicine is ear
riefliy recommended, by a perform
who has experienced its good effeds^
Cash given, for Rags at this office
ed them in out necc CTar, dcfer.ee in t,rf
when they sent us their ships and ambits, to<
fight ocr battles ; and fupp!ied cnr empty
'reafuries. It may be said, that they then
had a king ; but v. e all knew, that he was
irrefutably urged by the voice of the nation
to the measure. They are now the fame
nation, and under the fame government, as
they were when President Adams made a
treaty of amity and commerce with them,
which they have never yet violated. From
whence then arose all the clamous for war.:
Was it from regard to our national honour,
national interest, or from the refinement of
a disappointed and revengeful party ?
This is a crisis very important to out ra
tion. A war with England, opens our nor
thern frontiers to an invasion from & thr^
the Canadas, Nova -Scotia, and New-Bruns
wick ; and exposes cur c< mmerct toa fleet,
which commands the ocean. -A war with
France and Spain endangers our southern
dates and mzy demand cur best men from
New-England to defend them against, per
haps, armed negroes. Should we abandon
them, they are unable to defend thenrfclves,
and would become the provinces of the for
eigo powers. The Acw-England Palladium
cau never, from its name, or matter, urge
us effe&ually to this. A war with ary of
the powers of Europe, shuts up the Medi
t rranean from us, annihilates our commerce
then subverts our revenue and denies us the
great advantages of the commerce of the
world ; which wehave n<>W in our hands—
while we held uninterruptedly, tl e equal, in
dependent right to the exercise of jovereignth
we will be in peace.
• PLAIN TRUTH.
THE DAILY ROSE.