MAR,TO£S*B REPORT « Jj of Anlientt, en the fulject uj "■ ne Prizes.. ? M* 1«S - ' 11 i ;ic i the 'tneafures adopted by « ivcrament, relative to the f' . ippear to have excited apt prdienuotis li. tov - .of many good citizens, it ■ mnlV effort! peculiar fatisfaftiitf* to perceive that in ,s t lis cafe po Hop has been taken—jtie policy am! 'oi julice of which is not fully recognised by eur gat- ft lie alliesA eircumftance whiijh clearly evinces, » thai were the Constituted Ant hoi it us cf the two « nations left to themselves, unaided by collateral pre- «' j'jdices, but few cireumUancts would intervene to interrupt the harmony which ever to prevail be betwrei: two llepublies, whose common object is £ the ellablifhment of a free government. Corrobo rativ e of this feat invent, 1 forward yo« the follow- ° ing tranflatedcxtradlfrbm the Report of BARBE c ' MARBOIS, raade to the Council of Antients, b, upon the refutation relative to decilions upon Ma- '■ ritime Prizes :— As the speech involves much mat If ttr of * local natuie, I have extradled Inch parts « only as are utcreftina to Americans. Yours, ai AMICUS. P P WE nowpafs to the second part of the refolu- Hion :—Alter having prel'cribed the proccfs, to be € juirfued wj.en the (hips of the enemy are brought U as prizes into the ports of the Republic, it itntici- 31 pates the cafiyvhen they will be conduced into to- '' reign ports, and regulates by articles four, live and °' • fix, the mode which ought then to be pur filed. We will in the firlt place examine, colleagues, whether ai the precision so delirable in the laws, has not im paired the clearacfs of- this ;—the firlt of these three articles provides that the Chancellors of the ai Consulates shall difchargc with respect to prizes, O' the formalities preferibed by the law of thST' third v < of Brumaire, to the justices of Peace. The com million have confulteti this law and all the treaties 0 with foreign p' Wer*, with which it has been able - c to have communication, and from the companion of b them with each other, there has refuhed several ob ■fervations which it is about to submit to you. Ar- tl tide 6th of the law of th* 3d Brumaire lafl, pro- " vides " that prisoners belonging to a captured ship, t< shall be given into the custody of a Juftiec of peace," if they are .in like manner placed in b the cttllody of the Chancellor of the Confulate'' ; " it mwft of coorfe declare that the captivity which " is not terminated by this deposit, cannot take place P in the port of a neutral or an ally : Usage has been introduced to rellore to these priloners their 11 liberty ; their captain or master' gives a receipt lp {>■ the chancellor of the Conlulate, which the lafter u forwards to the miriifter to whom he is subordinate, and this receipt passes in the refpedtive exchanges 11 which aie made with the enemy to procure the en- b largement of an equal number of French prisoners. a Humanity and justice command at the fame time, f that ftom the funds of the prize there Ihould be te- p witted ft) the captains thus liberated, a fnffieiency 'i to subsist, until they have found some employ or an n opportunity of returning to their country : Arti- t Ucs 7, 8, and 9, cf this fame resolution of the 3d " Brumaire suppose the exersife of a jurifdidtion a whicii belongs undoubtedly to the justices of peace e throughout the Republic, since the legifla/ive au- t thority has attributed it tb them ; but whether the a discharge, the proclamation, advertisement, the sale t by a public audtionetr and the other adts of territo- « rial power, can unequivocally be exercised by the t 'chancellors in foreign ports? Is a question which J your committee did not answer until they had ex- f amined the sth article of the refoluties which at- i tributes te the councils the judgment of the validi- * ty of prizes after_the arrangement of the proctfs by the chancellor of the Conlulate.—Here, col- t leagues, your committee have recollected those eter- r nal maxims which regulated the duties of a fodety l towards itfelf and its relations with other foeieties— t From its duties towards Welfare deduced its inde- f pendence, the unity of power and that of jurifdiq- t tion 5 thefime principles prohibit the introduSion of any 1 foreign tubßc authority whatever, into the bosom of | the Empire. From its relations with other nations \ emanate different duties, amonßft which there are t but two which relate to the fubjeft we are treat- t icg upon ; these are the firfl reciproeity of ufagr, ( and next the obligation »f contributing- as far as it' t is in our.power to the happiness of other nations t to their ,pi®fperity and to the preferyatiou of the t peace tliey enjoy ; this right of nations has recei- I ved, by treaties and Conventions, different mndifi- | Cations, sometimes even reftiiftions, and a positive I right has been introduced, which might be com pa- ■ red in its variety to those wriuen euftoms, whioh I diverged onr civil riglrt, the child of the Icgiflati- ] on of an huadrci heretofore independenft and info lated Cantons. Bat these Treaties, theft Conventions, oil agree 1 with refpeft to the jurifjiaion of Consuls, and referye : exfreCtly to thejovtfeign of the territory, the difiributi- < in of jujlice : We every day fee the Council lend- ] lU'r »u attervrive ear to flifcuffions asrid in their de- 1 tafls, but worthy of it fiom the grandeur and ira- I portance of the obj A ; we are therefore not ap - prehenfive oflatiguing it by the analyfisof the trca- I ties which we have been obliged to consult, in or der to make a iult application of rules to the refo < lution which is offered for your approbation. »The treaty of 1769, between France and Spain, p.ovides; " that French cap.f.ins, mariners or pas. fengtrs ftnll preserve the right of applying to the julioeof the country." J The tteaty of commerce of 1796, between Frawce and the city of Hamburgh, announces ai ticle 9th, the design of eftablilhing in that free and imperial city of the Teutonic Hanfe, a French tri bunal to decide in the ca«fcß and trials of the nati- i ru ; but this eliablifhment was found to wound every principle, a«d the article has never been put in execution. , ~ . We icad the followin j'm a treaty figneain 1770 betweeu Franveandthe Kepubhcot Ragufe "caß fes» which may inteieft Frenchmen on one part and foreigners ou the other, shall be fifbjeft to the cog r.lzancc of the judges of the territory." liils cannot intermeddle in any thing which regards •iiher the l'ubje& us the coiuttry or foreigners. The treatvof commerce o r 1 775, between Frarer- c, ana the United States of Amerk :, |/»omh»V- U,.- h officers of admiralty ot American poi!» whiel: ti Frenchmen may conduit their j>riies, Iroma 1 nffeance of the validity of such prizes and recipro- f: cally ; But this fame ai tide adds, that they in.-iy g. freely depart t%J>e conduced to the ports <>1 armt ment, and the fpi' it *J the treaty h, th it judgment be longs to the tribunals of tie Jlate of the captor C is acitit.cn, but nut to the Outfit s. By the terms »■ >of the 33d article of the lame treaty, tiu trnizer can fell prices (taken from Frenchmen} ill the por.s of ti the United States, nor diithaigi .my part of Ins w cargo and recipiocally tor prizes tak.*n iioiri Ame tica' sand conducled into French ports. w The sth " article of the convention of 17b'., i c< between France and the Gene; tc United Provinces, provides that prizes taken bv the C (hijjs* of war or cruize.is ot either of the two nati- t! oils,, shall be admitted ioto their refpe£Hve puits, y that-they may be d.ere difchargcd ana fold agreea- ti ble to the formalities praclifed, in the (late where h the prize may be conduced, ; ' meaning that the d legiitmaeyof prizes captured by French (hips of war, (hall be decided conformable to French laws, ; t( and reciprocally :—-Thi'l article as well as all which ! ai precede it, is far from fuppolinsrthat the Confulfliall j ct pronounce upon the legality of the prize. it Agreeably to the treaty between France and ©reat-Britain, judgments upon prizes are teferved b; to the courts of Admiralty ; and ws in the 3v! m article the following article, too well juliified p*r- bj haps by the servile obedienee of thfe British courts vi of Admiralty to the will of the Uritiih tninillry : u " Judgments shall be decided by judges superior to a all fufpiuion, and who have no intcrcll ill the point p in queltion " ' ? ' ai 'iTie treaty ofcommerce of 1787, between France e: and Ruflia, attributes to the L'on[«ls, an authority e 1 over the crews of the (hips of their nation, and e- ti ven judgment upon dilputes whkh arise between seamen of their nation ; but this difpufition dpes n not extend beyond the clews [ the " Sin article o leaves the Consuls only the right of a voluntary ar- C bitration over their countrymen j" it adds, " that g if either of the two parties do not eonfent to recur i> to the authority of his own -Consul, they may apply tt to the local tribunals and both paities (hall be fubjedt o to the judgment of such tribunal.'' a Tll vain has your comn.ilfion fought for the cHe- ti blifhment of aj ur ifdi£t ion of French Consuls in so ll reign count ryes, offucha natuieas that which the ii refoiution supposes ; it no where exifls; and the o purer the principles are upon which a natidn has q founded its conlfitution, & the nearer they approach o real liberty, the more it is inclined la repulfeevery p proportion offuth a iftvifioti of one of lie mojl.ejfeullal at- tl tributes of itsfovereignty. o It U true that different capitulations and frea, p ties with the deys and defpotg of the States of Bar- b bary,and the ports of the Levant, suppose that'tri f' als between Frenchmen may be determined by Con- h fuls ; but those abfolu'.e princes who, without ex- d pence or controul are fupteme Judges over the a livetand fortunes of their fubjefts and llaves, eafiiy is figure to themselves, that the judicial authority of f their country, mult follow them wßcrevef they go, in'o whatever country they tianlport their domicile, t and trtm reciprocity, they discover themselves when- ji ever the cause of a foreigner is in quellion ; but lit- 0 tie jealous of the exclulive excrcife of this noble " attribute of lovereign power,'often fatigued with f the plenitude of their authority, they without re- n gret fuffer a few particles of it to escape them, and n this dereliction'is to them rathei a relief than a privation : You will not, however, amongst them 1 fee b Consul inveited with the right of pronouncing c in matters of prize between his countrymen and f netiti-Jls. Your com«.i(Taries have also analized the f Treaties and Conventions of foreign powers relating t to commerce and navigation ; they have examined c more than thirty documents of this nature, but they, have no where difcovered'Confuls in foreign count tries, established judges of piizes ( all these treaties 1 suppose that Confn's have r.o jurifdiition tven over t the individuals of tHeir nations, unless it be volunta- 1 ry on the pirtof the latter and reduced to the sim- t pie forms of arbitration ; the power is even refer- j ved almost generally to the two parties or either of 1 them,.to bring his adversary before the tribunals of 1 the territory ; but iu> one ever dreamt of rendering \ Consuls Judges bet-ween their, countrymen and nw- £ ' trals.—Thus it would be in vain for us to wish to t confer upon our Consuls this prerogative which is I truly extraordinary ; it would also be neueflary' to . secure thrna the exereife of it by a treaty ; but sup \ posing any foreign power ftcie difpubt that they would at the I 1 fame time demand a reciprocal exereife in our i . ports. r A fingla example will render what I have ob- <■ served much mote ftrikirg : Let us suppose peace t ; re-citabiifhed between France and Gieat-Britain, c ■ and this power at war with Spain ;an Englilh pii- t ■ vateer forced by ftref3 of weathei to put intooouri r t ■ ports, brings in a Spanifli-prize, she brings in a t ■ neutral vessel or th* property of neutmlt ; our u'l- I • are ii.teiefted in the prize I taken from the Spaniards ;in fadt the captured al- ; leges to have been taken in the waters of our domi- 1 nion, within cannon shot of our shores—in all these I cases the territorial jiuifdi£tion is claimed, and that 1 of the enemy's Consul coutefted. Indifferent to < , thedifpute, should we fee the British Consul fore- 1 - reignly pronouncing upon, discharge and restore i : the prize, and even prepare with a fecrel j->y,. tfi« feeds of rupture or difficulty, betwesn us and tl* 1 1 nation xvhofe citizens or fubjefts should conceive ] - themselves aggrieved ? In fact,"a neutral nation Sc- ! 1 twten two belligerent powers, ought not to fuffer' 1 - either of them tp exereife in its ports an adt of fove - J reignty tven towards its enemy—otherwise it expo- 1 t I p«fes itfelf to indemnities and even to war, if it . t has been able to prevent this violation of its neu- 1 trality. A process totally different is pursued, 5 and in those 1 are cases where ■« claim is made, 1- where the captured themselves fully convinced of d the validity of the prize, fhoyld conf:nt to the sale, - or white no trace of fraud may appear, the (hips - and cargoes may be fold and the Consul or the Is Chancellor may make the neceflavy arrangements, 1 and consular a&s which the nature of the affair and 9 ' ' . oonvcflViGns^ti*'''o*'flr*; but if our ni--»1 1) : .ie domain luh been Violate!, and our citiz.'r.j dema or 11ill/,requi.lt the affirta.K* ot out rrii,ui;3is, it can not be refufed them : In fire, in all oih-r raft '?< captvrand captured ufte'r a longer or fuarter flay a gretuhU tolbejpirit of tbeir treaties, egout proceed to fta, the are CorJnded into the forts ef the nation of the captor, and it is there they mis be judged, l'nis, Citizen .Colleague*,»» Hie •Veciprocity »e demand in order to furuifh it tb ..vrturti ; it is thitt we (hall dil'efiargt: tije duties of fricndliiip or benevolence towards our nihes, and c**en towaids those tta'.ioni with whom art omy a; peace. The commifiiUi have not adopicd the difpoution whi:-h by aUimilatitigthe Conduts to the tribunal* of l cotrroerce fn;> poles at firll that they are the mort i convenient for communicating liii documents to a i Commiffarv of the' Executive DireAory, a«d n« the uoflibiljiyof communicating in the f;>aee of a' < decade with the rainifter nf-ju'tice and the Execu t ] live Directory, our Coiifuls ate piaced from two hundred to two thouland league from us, and thi» difpulition is evidently impracticable of exeqmiou. It was necelfary for your comftiiiTlon to enter in. i | to these long details, in order that if the Council of I ansjents adopts a rel'oltuien which is not plear as ; j could be vviihed, no doubt may arise as the real sense i iu which it receives it. > The conduit of the commillion has been dictated i by the unalterable vilh of maintaining our treaties I unviolable, ofreJpeHing, and caii/ing to be i by ail our agents and officers the rules of the rights of j nations, of asking nothing of other nations except undei the law of a just and perfe>£t reciprocity ; in * a word, to wvvent (he affirm!.ition in matters of prize, of the chancellors to the justices of the peace and of the consuls to the tribunals of cotnmerfce, ' except foJi?* as this disposition may be found to compos l both with engagements already entered in to, aik! onr own.domeitic jurffprudence. But it will belaid that the view which the com ttiilJionh.fr, presented to the Council, of the Hate of our commercial »e!ations and the fun&ions of our ] Cyntuis, proves the necefil'.y of prefcribitig to the : greater part of theft agents a rule of conduct in the j 1 important and ddicste fuljeS of prize.' Here col- | leagues, the constitution presents us a fufficient point I of (iippart in the attributions.—The experience and 1 ability of a minilter of foreign affairs : Hejs educa ted in the study of hiflory ancj treaties, h£ has con i ilantly on his deflc, and much more perfetftly in his incmory all the conventions and adts which regulate our affairs with foreign nations.—He is even ac quainted with the different intereils and engagements i of those nations amongfl therefelves.— He antici pates demands and complaints and in early to ftifie 1 the germs of dtfeontent and the causes of rupture, or to prepare happy reconciliations, for oftentimes peace or war is in foma degree in his hands. It is by his attentive cares that he (jecures our repose, the ftipport of exteiior tianquility is the produtt of his labor. Perhaps at this raomcut instructions wifelv 1 drafted trace the progiefs of Consuls, and this filegt • and fetret work is so much more meritoriotisj'as he is often ignorant of the perfoiu who may reap the fruit of it. The commiiTariet of the executive power near the tribunals,ate also provided, by the miniftert of ju!tice> with extia&s of all conventions and treaties of commerce and neutrality with foreign powers; it is their duty to remind the judges of the difpo fitionsol these conventions and treaties, and to de mand the execution of them as often as exigencies | may require it. 'Flu y prevent the tribunals of com i tnerce ftom pronouncing (lightly upon confifcations i upon a pretence that indemnities may be granted in r cases where a wrong 'Jetifion may take place. Ia j fine, they maintain 91 lincerity in judgment asd more ? particularly in eveiy thing which.may interrupt r the neutrality of pow.ia not engaged in the war, j or commit us in oppjlilion to them. (I We mall not examine whether the principles of . thst neutrality proclaimed with so much fplondor s by Ruma, and received with so mneh acclamation r by all Commercial nations (except England) have . not experienced formidable attatksln the course of . the present war. It is fuflacient for us that they arc . jull, for us to persist in supporting them, wc will f bring back to them all nations, whom error, per f haps reciprocal, though traufient, have carried a y way from them ; they will on their part be convin ced that it is their duty, as well as their interest, to 3 take efficacious raeafurts to caule their neutrality to s be I'cfpected. ' , 3 In fa6t our miniders by inftruaiont wifely drawn 1 will secure the execution of the law, the plin of 3 which isjubmitted to the Council of Ancients. We fiave faitl fufficient, Olleagues, to prove, 1 e that it it is adapted to present ciiCtimftances, still 1 r it requires dcvelopcmerils, and is only the summary of a code which is yet incomplete ; it will regulate ■ everything whiih may relate to trials by appeal; e the manner of proceeding in them without prejn i, dice to equity on one part, or a celeiity which is in - ok the other,and prevent tricks and chi / canery in the tribunals of different degrees; it is a time perhaps when all profeflions are freed from - their ancient ftinckles, to prevent the exciulibn by c foimaiitirs wkich' still hold to the infamy of navi . - gation.tliofe who demand to launch into the career - of glory, of danger and of fortune. Tiie legif e latot will combine at the fame time with the utility tot giving a greater liberty to cruising-, the Rcceffity o of pl.cing a che»-k upon the exeeffive and impru •- dent ardour and avidity ot cruiferl, and of prevent < ing the accidents which inexperience may occalioii: « But Until this delirablc work is presented to the • Council, your Commiflion were of opinion that the e law, th- plan of which is submitted to you, would secure the obje£t proposed which is the judgment :r of prizes. Let us htllen when.the moment is so favorable for cruising, let us hallen to carry difor >- der anil trouble into all the commercial operations it of that government who would wilh to fee the o i- -cean dried up even to its source, rather than par 1, take its fruirs with the other inhabitants of the ;, globe. If nature has isolated her from every con >t tinent, her (hips unite her to them and open tohev *' so many passages.by which (he may dcpait from the >6 rays of the cemre )* which ug ue Trouin, a Tburot «, in every route they in iy jinj Cue ; let injur >r«s ab d sorb fr«m her futjects all tiii. hanccs of g Jn, a n ( ! | since (he Is on as-the army arrived, they were ranged undei a close column, having at their head the battalion of the Carabineers, and'followed by all the battalions of grenadiers, beating the charge and exclaiming, Five la Repub• lique. We soon reached the bridge, which is on£ hun dred fathoms in length the enemy made on ns 3 tremendous discharge, the head of our column feemedfor a moment to hehtate, one fit nation wjs really critical. Generals jßeHhier, Maffina, Cer vano, d'Allemarjßf, the chi-.fs.of the brigade Lnf ne, and the cii.ef of the battalion, Dopet, all [>er. ceived it, and throwing themselves at tlie head of the army, decided the fate of the engagement. Our formadable column oveifet all thai opposed it, all the enemy's artillery was carried a-wSy Irem them ; Beau Feu's order of battle was broke, and in Us flight spread every where terror and death, in an inflant their whole army" was scattered. General Mufra, Angereau and Berrant, crofted ?.s fiion as their division arrived and completed the viftoiy. The cavalry eroded the Adda by a ford which being very bad, delayed their march and by that means prevented their charging the entmv. The horse of the enemy charged our troops, but did not fiud it an easy matter to terrify them. Night coming on and the extreme.fatigue of the troops, patt of whom.had already marched more than ten leagues on the farjis'dny, we \Vere not all. ■wed to puifue them any farther. The enemy loft 20 pie ces of cannon, two or three rhoufand men either kil|ed, wounded or taken prifontrs. Citizen La tour, ai.l-de-camp of Genetal Maffina, leceived fcyeral wousdt with a broad sword. I demand that this brave officer be made chief of a battalion. Citizen Msrmuate, my aid.-de-< amp, cliief of a bat talion, had his wounded under him. Citi zen Mafrois my aid de-camp capt. had his coat fifted with balls; the courage of this young officer is eqrtal to bis activity.'. If 1 to give the names,of all the, militair'ei who diftiuguifhecf themselves on that glorious d..y, 1 should name all rhe carabineers, and grenadiers of the vanguard, and almolt all the officer* ®f the E tat Major. But I ran!! not forget to mention the Berthicr, who was on that day a cannoneer* a horseman and a grenadier at the fame time. Sug ny, chief of brigade, who commanded the aitiU lery, behaved gallantly. Beaulicu flies with the remainder of his army; he is 11 w cfolling over the Hates of Venice ; seve ral towns of which have Ihut their gates. Sir.ce the beginning of the campaign, though we had very warm actions, and the arfiy of the RepuHhr, were oftentimes forced to shew a great deal of hold ntfs, ntnVe of tlu-m has yet been so terrible as the croflisg of the bridge of Lody. If we 101 l but few men, it is owing to the hade of the execution, aiv.l the'hidden effeit which the mass a"d tremen dous site of that intrepid column prodmed on the army of the enemy. .1 defnand that Citizen Mou ni.-r he confirmed adjutant general, who serves '<1 that capacity, although he is not includ'd in ihis affair. 1 demand that Citize'n Rey, aid de-tamp of the brave Maffina, and Citizen Thoiret, woit.iy adjutant of the third battalion of the grenadi«3j be both made captains. As loon as we (hall be fettled in a plnce, I will forward you a lift of tiiofc who have dilHogmfhei | them/dves ow ihat gloriousd-y.