A NATIONAL PAPER, PUBLISHED WEDNESDAYS ANb SATURDAYS ,BY JOHN FENNO, No. 34, NVKTB FIFTH-STREET, PHILADELPHIA [No. 111 of Vol. IV.] FROM THE. GENERAL ADVERTISER. r F'f\lE interest which the citizens -I of the United States mult take in any question which may in the Jeaft degree appear to implicate their neutrality, has induced the editor to colledt all the information in his power respecting the cafe of the fliip William, prize to the pri vateer schooner Citizen Genet, li belled by the owners of said ftjip in the Di(tri<ft Court of the United States for the Diftrkt of Pennlylva nia. Robert Findley, fan Andrew Buchanan, George Buchanan, James Hopkirk, Thomas Hopkirk, John Dunlop, and John B.innatyue. The Ship WiL'iam. At a JieW the 14th June, 1793 —The libel in the aforefaid cafe was read, letting furth—l'hat Robert Findley, jtin. Andrew Buchanan, George Bucha nan, James Hopkirk, Thomas Hop kirk, J .hit Dunlop, and John Ban natyne, all fubjet'ts of the king of Great Britain, were owners of the Ship William—That the said ihip 011 her voyage to Potovunack river in the Hate of Maryland, at the dis tance of nine miles from the coalt of the United States, received an American pilot 011 board ; that the said ship continued the fame icourf'e outil they arrived within 2 miles of Cape-Henry, the Southern Promon tory of Chefapeak Bay, in 5 fathoms water, and as near the shore as the pilot thought proper to convey the Ihip, when she was forcibly seized by the Citizen Genet, commanded by Pierre Arcade Johanene. The libellant then proteltingagainfl and not admitting the said schooner Ci lizen Genet to be duly commifiion ed, infilled that according to the premifcs the said ship William was at the time of her being so taken upon neutral ground, within the territorial jurifrlic'tion and under the protection of the United States. —Concluding with 3 prayer of res. titution of ship and damages. To this libel Pierre Arcade Joha nene appeared on behalf of himfelf and crew of the Citizen Genet, and pleaded to the jurifdidiion of the Court, stating that neither the law of nations nor the treaty of amity and commerce with the United States and the French Republic gave cognizance to the said court to in teifete or hold plea refpecfting the said ship and property. To this plea the owners of the said ship en tered their replication, and ilfue was joined ther eon. Sketch of the Pleadings in this im- portanMCafe. Mr. Dupouceau, on the parr of the concerned in the Privateer, o pened the cause. He, after a few preliminary observations, turned to the 171 h ariicle of our treaty of ami ty with France, to (liew ihat it ex pressly prohibits our raking cogni zance of prizes brought iiuo any of our ports by the French. This ar ticle of the treaty he remarked, on ly renders the obligations of the law of nations on this point lirongei ; una as the treaty secures mutual ad- Vantages to the two nations, if cer tainly (he continued) is entitled to eonfiderable refpetft, The French are now at war, it is true, and the ■Americans at peace, therefore at this particular time, it operates mod favorably as to the former, but a period may come when Americans in their turn' may be involved in war, and find feveraJ of the stipula tions in said treaty of confideiable importance to their interests. Hr nexc entered into a cumprc- htnfive view of the gci'eral nature of privateer ing, to (hew that none of out Courts can tiike cognizance of a£ls committed by either of the belligerent powers o<*ainft each other. Priva teers obtain commissions, the nations to which they belong, alone, can take cognizance of their proceedings under those comnriiflTions, and an at tempt in a court o! any .neutral* power to inter fere is an iilfi ingeaient on the sovereignty of the state that granted the conimillion. The govern ment of ail civilized counties cftabLfh tribunaii for the trial and condemnation of pn*- s captur ed by their privateers, and in those ■courts »c ---drefs can be obtained, neutral property, hrough them, will be rHlored, and all matters adjusted. He turned to Magens to shew an inftauce in which the piinciple he wifticd 10 tftablifh was involved. Englilh privateers had seized and cameo into port Prulliau vcff -ls. (Piuifia being a neutral power) for having enemy's property on board ; fbefe seizures were tried in the Enelifii courts, and f«>me of the property condemned, and fume not. The Coim of Pruflia, thiough their mi rafter, expressed to the Englilh Court their rtilpleafure at these procccdiugs. Mr. Mitchelf, the Pruflian minister, injifttd, that the Englilh had no-right to try this pioper y, that 4be (hips ought to be cotifidered as part of the territory of the nr.tion to whom they belonged ; that wherever a nation could extend her protec tion, so far did her territory extend ; that lhips were as much a part of the territory of a nation as forts on the boideis of the lea ; the PruHidiis in their own lhips were perfectly at home ; that therefore it was agiinft the law of nations to seek for enemy's property on board, and that since the qucllion related to the law of nations, at any rate ihe courts ps England had no light to eie£l themfclves as judges, and that the bu fine fit could be properly fettled by negociation only. In ill Magens, page 463, Mitcln li's representation to the Duke of Newealtle is recorded. For the answer, fee .page 487. Mr. Duponceau proceed ed to ftatc, that in confquence of England's judging n this cafe, Pruilia proceeded to coun teract her procerdings by liquidating the da mages on her part and fecurtng their amount. This proceeding of Prufiii was geneially com plained of the courts,of that country to whom the capture belonged had a right to give a d'ecri fion in the cafe. So in the cafe before the court, he contended, the courts of admiralty to which the capture belonged, alone had a right to deter mine the cjueflion of prize or no orize. If the cafe involved a violation of our territo ry? it belonged to the fov reign power of the United S aics to seek redress by negociation,and on the principles of the la at of nations the ques tion would be determined. He cited 2. Byn- Kerfhoek, 177, to shew that if we ast in an hos tile manner againll our enemies on the territoiy ot a friend of both paities, the offence is given to tl.e sovereign that has power over that terri tory. Libel filed, Ke cited Woodifon's second leflure, 425, to prove the fame point.—-Hp referred to the 4th Cooke's ii. failures, ijs, to {hew, that before the merits of a cafe of capture on the high fcas cia be brought in the court of a neutral country, it must be (hewn, that the country to which the capture is brought is in a ftaic of amity and peace with the parties, and that the foveieigns of (he countries to Which the parties belong, are 41- so in a state of amity and peace. 1 he cafe before the court involved a queftiqn of violation of the territory of the United States, the action is brought by Briiifh fuhjecls and the court prayed in a collateral manner 10 determine a queltion in which the fovereiguty of the nation is concerned, without giving an opportunity 10 that nation to be heard in its behalf. The Bri tish fubjr&s who conceive themfeWcs aggrieved, he said, had two remedies. In the fiift place they might apply to the courts in France,where a candid heating would be had-, and where fe~ curity was given by Capt. Johanene in the sum of 50,000 livres, to arifwei any demands for da. mage* wrongfully committed. Their fccond remedy was an application to the Executive of the United States ; they could tell the Execu tive, that in conlequence of a violation of the territory ot the Union bv a Frcnch privateer, we arc immediate fuffcrt rs, we demand protection and expe6t redress. It would then be incumbent on the Executive to bring the bufmefs before the proper tribunal, and a decifson would be obtained by negociati on with the agents of the sovereignty of France. It would be, he remarked, for the good of mankind, if a tribunal could be cftablifhed, hav ing the fame relation to all the powers of the ci vilized world, that our federal courts have to the several dates, or that an analogous institution in Switzerland has to the separate Swiss Can tons : such a tribunal would often be able to fet tle disputes, for the determination of which na tions now fly to arms. But in the preferit (late of things, nego iaiion is the only means of de termining these national queitions; in the re cent cafe of the (hip Grange, these were the m ans —tKe ess €t is known. This cafc wouid have embarrassed any court of justice in the United States ; but inthecourfe ol ..micahle ncgociation it was fettled 'O the fa tisfad'on of the United Siiit*. No doubt if the present cafe had been cariied to the fame tribu nal, an equitable decifiou would also have ob- tamed. He turned to ?.d Vattel. ch. § y fct 7. 65, 66, 67, 68, to ihew. that nation* h-ivc a 'igfrt to do justice ; when justice i» Tcfufed ; bul wot a tight intheti.-ft inftdnce 10 attempt to do therofelves justice the medium of their own tribunal. 441 Saturday, June 22, 1795. ,V. ">ext adverted to the treaty, and Obfer-ed generally, that treaties should never be to forced interpretations. He turned to ad Vat tel, ch, 17. to enforce that opinion Vattcl lays it down, thai no part of a treaty Ihonld be fuf fered to be interpreted which is plain without interpretation. Hff took notice of the effe£iof a breach of one article of a treaty, 2d Vattcl. ch. 13, f.ivs in strong terms, that the violation of one clause of a treaty renders null the whole, not only because of the connc&ion between the fubi<-& ofvarious clauses, but because elaufes very <ilflirtiilar are often nratually granted by way of comptomife, find therefore the breach of one tends to destroy the balance intended by the framers of thetreaty. He recapitulated, and Hated as the result of his argument : That prizes IbouJd be tried in the court of the country to whom the captor be longs ; that a neutral power has no tight to en quire into the validity of . prizes brought into their ports, and expressly so oy treaty, as it re lates to France and the United States' ; and that queliions in which the sovereignty of .States is involved can only be fettled by negociation. Upon thefc grounds which he had endeavored to elucidate, h<schent pleaded to thejut ifdiclion of the Court. He cone Med by tha*. if the pre fect application to th«S court was fuccefsfu!, we might in a iimilar circumftancc he involved on the other fide, and after having offended France by an encroachment on her sovereignty, off, nd Gicat-Sritain in the fame way. He closed by forne observations on the importance of keeping clear of the disturbances which agitate Europe. M. Sergeant, before the court adjourned, wiPned merely to turn to some authorities omit ted by his colleague. The present contest is between Englifli fubjc&s and Fiench citizens, and the United States have no immediate con cern in it. Independent of treaty; the law of nations does not allow a thiid power to judge between two nations at war. 1. Vattcl s. 18, and 3, Vat. s. 191, to this point. 2. Inft. s. 335, '38, *39, to the fame. Douglass, p. 56c, lays, no cafe of an admiralty court of a neutral nation attempting to judge between two belliger- nt powers i the preemption, the*), that none exists. The court adjourned to the afternoon. (To bt continued.) | From Port-au-Prince papers.] ADDRESS Of the Merchants of the town of Port-au-Prince* to the National Civil ComntiJJioners, on board the America, a French 74 gun'fkip in the road of Pvt-au-Prince, dated the 8M of April, 1793 — [tour days hejore the severe cannonade took place, of which the particular i have appeared in former papers.] AS long as we had any hopes remaiuing that an accommodation would prevent the misfortunes that are ready to bur ft upon Port-au-Prince, we did not think it our duty to trouble you in relation to the private con cerns of our commerce. At pre lent every thing reminds us that we have every thing to fear ; we? Ihould be blame-worthy then if we did not exert ourselves, in the name of that national commerce whole conf:dence we pos sess, to make such representations as will serve to the advancement of its intercil. \Ve (hall not here undertake the defence of an unfortunate town, now for three years pafl the viftiin of perfidious condndt: we will beg leave to observe, however, that it is painful for its inhabitants to be accused of cl imes without being fw3er<?d to exculpate them selves ; to fee themselves menaced with pu nifhinent without being informed what crimes are laid to their charge. Will the delegates of the nation condemn them without a hear ing ; will they indifcriniinatelv involve in their profciiption the friends of lawful go vernment, the faithful children of the parent country, and those who are accused of being declared enemies of both ?—No ; it is impos sible the breajts of the comm.flioners can har bor so cruel a thought. But, citizens com miifioners, if we fhoitld for a moment flatter ourselves with a ray of hope, how can we otherwise then despair when we refledt that by your proclamation of the 21ft of Jaft March you involved us all in an indiscriminate fen tertce of fufpic on, and held as certain truths t-he slanderous affertidns of our enemies, car rying despair into every heart b> your threats of a deplorable transportation of the mer chants of Port-au-Piince from their homes and properties. What citizen would not tremble, however intiocent he might be, to fee his name on the lilt of the prolcribed; to b* fsp* ated from bis wife, his children, his property 9 from those various great and lacred concerns which are entrusted to him, and to be dragged like a criminal to the terrible tri bunal of the National Convention of France ! In our hands remain the fortunes, and per haps the last resources of those valuable men, to whom the republic of France owes its prosperity. In defending their interests, we defend those of the mother country, who will find in their generous and inexhaustible pa triotism the means of refitting the enemies cf liberty ; and yet, for fifteen days pad ail our business is suspended. An embargo has been put upon our drogumg veflTels, that keep up a commercial connexion with a'd parts of tte [Whole No. 455.] colony,, supply ti'ofV With proviltons sviwch cannot be resorted to bv vefliis lVoni foreign parr?, and serve as iranfporf tor rt* commodities Mfitl> whicn our foreign (hips are laden. And how /hall we an Twer the private engagements we have made ; how flip ply the dertiands of our correfpondt nts in Europe, if all our abilities are thus fetureti ? The armament In our harbor wears a me nacing aspect, arjd the land fortes collected from the wellerji quarter, are brought hither to annihilate the last hopes of national com merce infteatl of aiding the citizens of Port au-Prince and Croix des Bouquets to fuppoi t them. At this instant the revolters are waft ing and burning the rich poflefHons in Cul de. Sac; inflead of hallening to deft toy the vil lains, you arm againlt a town that is atfually at war with them, and which begs you for peace. You refufe all intercourse with us, rejert the deputations we have sent to yon, and ftiew every hostile disposition. Alas ! do you perceive how much future mifchieHs the confeqtience of fitch steps. Do you knew that we have on Ihore here our papers and preci ous effects, and merchandize the vaiu« of which.is inestimable? that Heither these pa pers nor these articles of merchandize are ouf own, but that we are merely the trustees of the greater part ? that rheir deftrti&ion would occasion nutnberlefs failures, which failuies would bring on the ruin of national commerce, already (hocked by the misfortunes it lias ftiftained ; and, finally do yon know. MelTis. Commiflloners, that you will be refpoi fible for these loßes, and that fix millions of nffln tu nate people, who are filpported by commerce, will with cries of despair demand vengeance on the National Convention. Can it he your intention to set at defiant# this awful refpnnlibility, and thereby reduce us to defpaii } we Can no longer doubt it, since the orders you have given to the Cap tains of the merchant vefiels to anchor out side of .the ships of war. What can be your designs ? will you proceed to the last extre mities against a town whole petitions "you have refilled to heat i we now declare to vott in form that the order you have given to the mercantile Captains cannot be executed without eflentially injuring the concerns of trade. Indeed, only call your eyes on the lituation of the vetTels in the road, few of them are loaded or even ballasted j it would be next to impolfible that they can go out of the harbor, or be conducted into the groutyi without being exrofed to confiderabie (ja ma ge, and probably to a total loss. Bifidesj moll of the Captains have their cargoes on fliore, which they are obliged to ar'd care fully : and how can they attimi so this dlity. if you order them away to the grand road s at so confiderabie a diftanee from their property. Will you aofwer for it, that on your attack ing the town the commercial magazines will be refpefted ; and would you not be held re sponsible for the lotfes that might happen through plunder or conflagration > It is impoflible to calculate the evils at tendant upon civil war; and not one of t : -enj but is a mortal stab to the interests of trade, Citizen commiflioners, before you procced to extremities, reflect that peace is for the ad vantage of this colony, an.l that Fiance stands in need of her commerce, and that you your lelves will be held seriously lefpon/ible fur thq loss of either. What is the meaning of that general embargo laid solely on this port which puts a stop to all our business and octa fions immenle lofles to commerce. What means that obstinate (ilence you keep not withstanding our prefllng and repeated Ibfici tations to you to explain yourselves What mean tlio e threatening fleps are taking against a town on whose fate a very larg£ (hare of the national commerce depends ?—!. Inline, what conftruftion are we to put upon the orders you have given to the Captains of the trading veflels to retire outside of the fliips of war '—Is it really your design to can nonade the town, and to deftrny in one in stant the merchandize and debts due to the national trade; for such will be the conse quence of the least ast of hoftilityon our part". We repeat to you, is it a time wheo tI,S revolters lay waste and burn the rich po(i feifions on the plain, when they are ruining the sources of national commerce, that you think it your duty to exci'e a civil war in western province by arming fourteen pari/h ----cs against one. Is it not rather your duty to destroy the revolters before you think of re eftabliftting order in a p ace where ail is qui. et—and do yoa suppose you will not have to answer tor the conflagrations and devasta tions whicharedaily committing in the plains, for want of the stipulated relief, which your proclamation has prevented the neighboring pari/hes from fending. Citizen comniiflioners, we nowdccla»e to you that this address is to be printed and fq be transmitted to all the commercial settle ments of the republic, that we transfer to yourselves all the reTponObility we Jay under to our constituents, and that we will notify to them, that if they fufler lofles, we have used every argument with you to p.event than. You are ruining the colony irfiead of
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