Gazette of the United States & evening advertiser. (Philadelphia [Pa.]) 1793-1794, March 25, 1794, Image 2
ileirly the Mote that is in thy brothers eye." We search the works of authors, (Vattel, Blackttone, Puffendorf,) who have laid down the law of nations, »r.d make Urge quotations from therti, profefling to govern our conduct f in all cases by them, where treaty does not in terfere, and we are the firft to givt to the world an example of a violation of aH national law, in one of it: not effcntiol articles, " ll\ have (to life the Secreta ry's own words) done •what it unjtipulated in cur atvn treaties, an J unfounded in the praSiice oj France, »r in that of any other tirticn," and this we call n-.-ither "aiding nor a (lilting any." f Far be it from me to detract from t!ic merit of Mr. JeSTerfon's they would do honor to any man in any age or c luntry—bat these contradictions are ad ditional evidence how liable to err, the moil knowing of us are. The was omitted yellerday for want of room. For tie Caaettee of the United States. M:. Fexno, In this alarming crisis when war is so much talked of that it is almost become familiar to our ears, it is the duty of eve fy good citizen to weigh well the causes of the present uneafincfg in the public mind, and the confequcnccs of an improper direc tion being given to it. The injuries and a.rgreftions of the Britifli government, which have excited the mod lively sensa tions among us are, ill. Tile detention of the We Hern Polls—2d. The truce between Putugal and Algiers—3d. The seizure of veflels carrying provilions to the ports of Fra:h:e—4th. The piratical conduct of Britifli cruizers in the Well Indies—jth. The inllnidlions of 6th Nov. and the con fcquent seizure and condemnation of our velfels in the Welt-Indies. 1 ft. The detentionof the Pollr. This io deemed by us a violation of the treaty of peace; Great Britain attempts a jufti fication. by al'edging that the United S'ates have also violated it by laws of the * ates, and decisions as the state courts, rctt raining the recovery of Britilh debts ; it is answered on the jrart of the United States, that even admitting this to have been the cafe, yet the detention of the polls was an' iafra£lion of the treaty, an tecedent to any luch laws or decisions. It mud in candor be admitted, that the con duct of some of the dates, with refpeft to debts, may be viewed in some measure as 1 departure from the rigid conftruAion of the treaty ; &t the fame time, candor ought to make allowances for the situation of this country, ami to fugged many causes of jullification. The date laws were in general favorable to the mass of Britilh creditors, for had the courts been thrown open immediately after the peace, not a bove one in a hundred of those creditors would have' been paid, and the debtors would all have.been ruined : no difcrirai nation was made in any state against Bri tifli creditors, but they were always placed on the fame footing as American credit ors. Still however, there may exist some doubt on the subject, and it may not be so clear a cafe as ta judify a war. It is true the courts are all open at present to the recovery ofdebts, but if there has been an infra&ion of the treaty on our part at any time lince the peace, it may furnifli a pre text ou the other part for not immediately fulfilling it. The fur trade is not an ob jeS in itfelf of fufficient magnitude to in demnify Us for a war ; the bravery of our frontier people and our western anpy, which has lately been fuccefsful, will keep the Indians quiet, notwithdanding the Britifli may continue for a few years to hold those pods: it is not in the nature of things that they ftiould be able to hold them much longer : The extension of our settlements, in their vicinity, the bold and enterp riling disposition of the fcttlers, and the frequent desertions of the troops which garrison the pods, will soon induce the Britifli government to abandon them. 2dly. The truce between Portugal and Algiers—ln moments of paflion when our sympathy is justly excited, for the dreadful fufferings of our unhappy countrymen, it is natural for us to execrate and fwearven. geance against those who have in any ref pe£l been accefiary to their misfortunes. But we Ihould view the fubjcdl, as between tHc United States and Great Britain. To f<y that Great Britain has let loose the Al gerine pirates upon us, is a figure of speech which is incorrect. Had Britain felt a very friendly disposition towards this coun try, it is probable she would not have mads that truce for Portugal without stipulating a fecurity-fer uj; but are there any ties vfhich connect Us With Britain ? Are there any existing causes of obligation on her pan ? Has our conduct been fueh for some years past, as to authorise us to ex pett on the part of Britain, partiality, pre ference and favor ? Let us examine our public prints ; the inceflaut torrents of a buse again It Britain, the accounts of toasts, processions, and rejoicings for the defeat of her armies, will immediately fatisfy us that we had'no to expect that Great Britain fhofild digiefs from the It lift line of her owh polity to accommodate herfelf to our's : our partiality sot France, how ever natural it may be, has led to ftich o pen and. avowed an imolity against. the Bri ti(h nation, that it would have been folly to have expeftedin return from Great Bri tain, proofs of kindness and friend/hip. Our government indeed, with one ex ception, has been neutral: Mr. Jefferfon in his correfpondance with Mr. Genet, makes a merit of deviating from our neu trality in allowing the sale of prizes not warranted by treaty; and boalts of our exertions to pay our debt to France. These deviations ihight excite umbrage in the other belligerent powers ; but up on the whole, the federal government, considering the biafs of the people, has been highly meritorious, and their conduct Ihould have a due effect on the Britilh cabinet. A law has palled one branch of the federal legitlatuie, to prevent the sale of prizes ; if it pafi'es the other, then the decided neutrality of the government will be an offset againd the decided partiality of a considerable part of the people. How then does this question (land as between the United States and Great Bri tain ; the latter makes a truce in behalf of an old friend and close ally with a formi dable adverfarv, without llipulating a se curity or a participation in that truce for a nation, the inhabitants of which manifelled the moil decided partiality for her most bitter enemies, and the govern ment of which has not required luch a: security or even her mediation. Where then is the cause of hostility! 3. "The seizure of veflela laden with provisions forFraiVjev This measure was adopted in pursuance of a ilipulatiori en tered into between Great Britain, RilfEa, Spain, &c. All those powers are anfwer-- able for it, St war ttgamil one on that score, would be war againd all. The Britifiv Minider attempts a juftification of it from -the authority of writers 011 the. law of nations, particularly 2 Vattel, 72, 73, and urges, that by the dodlnne, there laid down, they have not gone so far as they would have been juftified in proceeding, considering. the profpeft they have of re ducing their enemy by such means, the iaftruttions not extending to all kind of provifious, rice being excepted, nor to confifcations ;> that the exilling circum flances jullify them in considering grain as among contraband articles, and there fore coming within the President's pro clamation, that the Freneh government (and not individuals) are the only impor ters of grain into that country, that the measure was so guarded by directing the property to be paid for, together with the freight, that the owners could fuffer no loss, a liberal price being always allowed in the cases. Whether this explanation be or be not confident with the law of nations, it is not perhaps necelfary to explore ; these remarks, however occur: I ft. That it is not probable any ast of our government would produce a departure from a system eftabliftied by all the com bined powers as one deemed by them indif pcnfable for their own fafety. zd. That it is a« little probable, any further inconvenience will result to us, from this system, as the conduct of the French government, by payments in afiig nats, embargoes, and other acts of vio lence, will be a fufficient restraint on our merchants, from fending provisions to Francc in American bottoms: It is more probable, that the French government, a ware of this, will continue to pursue the wife policy they have adopted of fending their specie, (hips and convoys to our ports for grain. 3d. The piratical conduct of the com manders of British cruizers in the Weft- Indies. A complaint having been made on this head to the British Government, Lord Grenville requested our Minister Mr. Pinckney, to feled some instances where the evidence was clear, in order to rnfti tute criminal prosecutions against the of fenders and promised the failed support of the law-officers of th« crown. Mr. P. informs our executive, that he was endea vouring to fix upon some strong cases where the evidence might be fufficient to ensure conviction: He adds in. the fame letter that he believes it to be the desire both of the Briciih government and the people in general, to be upon good terms with us; this being the cafe, no jufl caufc of war can arifc until it be known, that the pro mise has not been observed. 4th. The inftru6tion« of the 6th of November, signed H. Dundas, and the consequent Tenures. The true import of these inftru&ions must be firft confijiered, independent of the pro ceedings in the Welt-Indies. The instruc tions direct that our veflels under certain cir cumstances (hall be carried into the Britilh Islands "for certain adjudication" What is the meaning of the words " legal adjudi cation ?" Civilians lay they imply nothing more than an adjudication by law whether a veflel or cargo is or is not liable to condem nation ; lawyers of eminence in this city have given the lame opinion, the law officer of the crown in Jamaica, gives the fame opini on ; he fays that to guard against the irregu lar conduct of commanders of cruizers, they are dire£ed to carry neutral veflels fulpe&ed of having enemy's property or contraband goods on board into port for trial, and that the inftru&ions mean nothing more; Lord Grenville, who probably drew up the instruc tions, in a note to Mr. Pinckney, speaking of some American veflels in London, which had been libelled in the Admiralty Court, fays they were in a ccurfe of legal adjudica tion, meaning only that they were under trial. So far then it is clear that the inflruftions, in themselves, do not breathe hostility. As to the proceedings in the vice-admiral ty courts in the Weft-Indies, information varies ; by some accounts it is said, that there have been no condemnations, except in Mont ferrat, by others we are informed, that they have taken place in some other Islands. The Judges of these Courts may have proceeded to condemnation from ignorance or corruption ; it is well known that the persons lent out # to the British colonies as Judges, are not generally the heft lawyers or the best men ; they are frequently diflipated extravagant, debauched, and ignorant per sons of influential connexions, who have in iereft enough to get these appointments. This was generally the cafe with us while colonies, and was one of the curses we got rid of by our independence; it is among the curses which the remaining colonies groan under. No on'* will deny that the conduct of some •of these Judge-lings has been infamous and abominable, and that the British government ought upon information of their proceedings, "to dismiss and punish them. But is their con du& a cause cjf war ? We are precluded from faying that it is. When the British govern ment complained that some of our inferior Courts had established decrees which were an infraction o£ the treaty of peace, N\liat was the answer of our Executive ? " No nation, fays Mr. JefferSon, in his letter to Mr. Ham mond, page 56, answer. for perfect exac titude of proceedings in all their inferior Courts : It fuffices to provide a Jupreme ju dicature, where all error and partiality will be ultimately corre&ed." We cannot then complain of a refufal to do justice on the part of the British Cabinet, until an appeal has been made from the Vice-Admiralty Courts in the Weft-Indies, which are inferior Courts, to the Admiralty Courts in England. This is certainly a grievance of no inconsi derable magnitude to the parties, and many of them will probably be induced by the trouble and expence to abandon their vessels to the captors. But, in a cafe like the pre sent, our government should interpose its aid and affifl the fufferers. The Executive would be fully authorized, under such circumstan ces, to advance money to the Captains or owners of the condemned vessels for the pur pose of prosecuting appeals : If the Supreme Court of Admiralty, as Mr. J. fays, corrects the error of partiality of the inferior Courts and awards restitution and damages, we are bound by our own do<Strines, to be content : If the iniquitous sentences be confirmed, and the Cabinet of St. James's, on a demand, refufe full compensation for the vessels and cargoes which have been unjustly seized, then hostility and retaliation against that nation will be juftifiable, and all parties will be uni ted in the most vigorous efforts to obtain re dress for our violated rights. These are the measures which ought- im mediately to be pursued, and while the ifiue of them remains uncertain, the country ought to be put in a condition to defend it felf again!! invalion, and to afiert its dignity. A Moderate Man. CONGRESS. House of Representatives. Wednesday, January 29. The SPEECH of Mr. Smith, of South' Carolina, in reply to Mr. on the fubjcd of the Commercial Regulations. [continued] The gentleman had been much diipleaf ed at his having commented on the omifli on of the Secretary of State to mention that while the ttbaen of the United State* paid iii Great Britain a duty of i/j» ' all other foreign tobacco paid $/5. As an apology for that omission, (which Mr. Smith could not but deem material, espe cially as the Secretary laid great ftrefa on other duties,) the gentlemau had ailedg«d that the circumltance was perfc&ly imma terial, inafmnch as the duty of l/j was itfelf so high as to diminish the conlump tion, and inafmueh as there was no otlier country which could be our competitor in that article. To this he answered, firlt,. that tobacco being an artiele not of necef- Cty but of caprice, and being consumed in Wiall quantity by each individual a high duty, could not be felt ; secondly, that tobacco was obtainable from other countries ; it appeared from documents of authority, that in the years 1744, 5, 6, the imports of tobacco into Great Bri tain had been annually kbont 62,000 hogsheads, of wheh only 44,000 were • from the American colonies', the refiduc, 18,000 being from other countries. From the fame documents it further appeared that in 1774 Great Britain imported from the American colonies 96,000 hogs lieads which was nearly the whole of the tobacco (lie imported that year: The in ference resulting from this circumstance was, that the difference of duty in favor of American tobacco had then destroyed a competition which did before exiji. He admitted that this discrimination of duties in our favor was a reliA of her colony sy stem, but it's object was to encourage the growth of tobacco in this country, by giving to it a monopoly of the Britilh market, and it appeared that this object was obtained ; and it was to be inferred, that a continuance of Ae effect was pro cured by a continuance of the system. If we have not much competition now, it does not follow that it might not arise. What was there to hinder it's being raised on equally good terms in any quantity in any of the southern ports of this conti nent in poflcflion of the different powers of Europe, Spain, Portugal, Holland ? Portugal, it had been said, could not be our competitor, tor (lie received our tobacco ; the report fays that it is prohi bited ; he tlridcrftood some small quantity had been smuggled to that country ; it was certain that only 62 hoglheads had been exported thither the year before last, and only 5 the lalt year. In comparing the footing on which our conirhercc stood with Fiance and Great Britain, the geni tlemao had dwelt on particular circtimftan ces; that was not a fair mode of compa rison, the queftton ought to be an aggre gate one ; are we as well upon the tiihoh with this or that country! If we are; we ought not to deal out a W9rfe measure to one tlian to another. The indireS com merce which Great Britain denies us, and which France till lately granted us, is not at present very material to ui, at we could not multiply our navigation enough to de rive great benefit from it, without injury; to divert our capital from more profitable branches to the mere sarrying trade would be unwise ; 'tis defireable only to a coun try, like Holland, of little production and great capital j but even France now excludes us from the indirect commerce with her by her late navigation ast : The systems of the two countries, then, in ref peft to the navigation in Europe, (land precisely on the fame footing ; and in ref pedl to their Weft-Indies, the war has let our veflels into the British as well a* the Frencn Islands, and there can be little doubt that our right to fend our vessels to the French I Hands will terminate with the war. (Speech to he continued.) Foreign Intelligence. NATIONAL CONVENTION. December 27, Carnot, in the name of the committee 0 f Public fafety, read the following letter, Salicerti, Richard, Ferron, Robefpiere and Ban-as, to their colleagues, composing the committee of Public Safety. Head-Quarters, Toulon, Dec. 20. Second year of the Republic, One and indivisible. " The army of the Republic, dear col leagues, entered T*ulon yesterday, at 7 in the morning, after 5 days and 5 nightt" fighting and fatigue ; it burnt with impa tience to give the a (Vault; 4,000 (believer* ready ; but the cowardice of ths enemy, who had evacuated the place after hiving spiked all their cannon on the ramjferts, rendered the scaling ufclefi. • •' When the enemy- knew the cipture