NATIONAL .«««, 10M mm , m , r « t , mJ > n u.T. teS
[No. 112 of Vol. IV.}
LAW CASE.
Robert Finilcy,jun. tnd other t, )
Lihct' ft/rd.
Skip William.
Skcfch of the Pleadings in this important cafe,
continued.
JirVE I 4 th, P. M.
MR. KAWLE, as counsel for the libej
lants role. He laid a few words on the
importance of the caule. He next remarked,
that America had received efTential alliftance
from France, in a mod important moment,
owed to that alliftance, in a great ntea~
liire her liberty and a&ual confeouent pros
perity, (he can but be grateful; but he ob
served, a judge always decides on the merits
of a cause abftraftedly, the situation of parties
have no influence upon his decision. The
tyiellion is not in the present instance to avsid
or dispute the obligation of a treaty but to
fee whether the present cafe applied to any of
the provisions of the treaty.
He read the libel, the plea and replication,
the substance of which we have stated at the
head of this argument, to explain on what
grnnnrl rhe present controversy rests. The
plea he obfeived admits the facts in the libel
to be true, it was only contended that the
court could not maintain the prelent suit
Ho hoped to be eftablilli, that the suit
could properly be brought before this court,
agreeably to the law of nations and not con
trary to treaties.
He laid down the following points.
1. T'lat every foyereign nation may „indi
eate a wrong done to itfelf;
2. That in the present cafe a wrong is done
to this nation ;
3- That it may be vindicated by the na
tion.
His next object would be to (hew.
I. That this vindication may be effected
leveial waysj; one of which by the interposi
tion of the judicial authority of the neutral
Jtrirf injured roiin*>-
■* **seTlFis judicial interposition is law
ful unle's prohibited by express treaty and
that no treaties to prevent it now exist*.
To begin by the firft position. He Ciould
take no time to (how that the United Scates
are a fiivereign nation. By the law of na
tions li-lfprelervatton is the duty of every so
vereign, tlie right to protest itfeif from inju
ry ir, a neceflary conlequence flowing from
that duty. To prove this point he cited the
fallowing authorities : I. Vat. eh. 2. fee. 16 ;
K. Vat. eh. 4. fee. 49 ; alCo ch. 5. fee. 65, 66.
Other authorities ceuid be urought but theft
ivijl fuffice.
He next went to the second point, and firft
mentioned that we have treaties of amity
and commerce with Spain and Holland, and
though unconnected in this refpetf: with Great-
Britain, vet we are in a state of neutrality as
relates to them, and confcrjently bou&d by
the law ot nations not to injure Asa
neutral nation we ought to b<*'"sve impartial
ly towards belligerent powers as far as con
fiil'unt with noting tieaties. He la d it
'A"; *- * general rule, that the territory
»»it!)in the jurifdidtion of a neutral country
•aotild afford a fafe asylum to all belligerent
powers.
3 V at. Sic. 105 gives an instance in point. J
Tne Bute?) fieet wefi Bergen by
the >nt. The of the forts in
Vi'vflication ifi the right of neutralit", thtfi
violated, fired on the EugliJh fleet, and the
proceeding was certainly juftifiable by the
principles of the law of nations.
■Vattcl fays, that prizes may be brought in
to neutral ports ; but not taken within neu-
jurisdiction as that tends to involve the
.Count y—LeeM. 9 page i2latid 2 Woodi
ftmpagt 143, Cay, that vessels cannot lawful
ly be captured in peutral ports or places, or
*vithm cannon-shot of forts.
For this right ot neutral nations we are
-not indebted to treaties, the right is prior to
treaties, efl.-ntial to the existence of foverelgn
nations and derived from the inherent duty
0! prtfervatior, it is of the highest impor
tance and ihould be jealously preser ved from
infringement. It bad been !aid on the part
o the captors, by Mr. Duponceau, in the
■p relent cafe, that the commilHons to French
privateers were general, and that if they
Vere reftncled this was by private induc
tions, I'hey could, he anfivererf, cruile only
where the law of nations declared it lawful
II the French had given authori
ty to their privateers to cruifeon neutral ter
ory, t.iea<ft is an absolute declaration of*
?r; ifnofnch power is given it is a tref
pals on the part of the privateer. If power
vas given, and :t is to be coniidered as a de
oration of war, then the captu.c and captor
"J»J he seized by virtue of the Jaws cf war •
» if be a trespass on the part of the privateer,
the privateer i, subject to the jaws of the
Country for the offence.
U next remains to be determined how far
,^ Ur ' Alon of 3 ""''W country ex
mMh ifl" • It J s g T R to ° lar 10 f *y with
. ■ ft lHchel,4n tbecafe cited in the morning,
that the velTe! belonging to a neutral country
is as a part of. the territory-'
of that country ; but to some dtftance at lea *
a nation has certainly jurifiUfHosr. Lee 122
fays, that a King of Spain had arbitrarily fix
ed this distance to be within fight of land j
but Bynkerihoek fettled it, and Lee agrees
with hinr, that the at sea extends
so far as the power of arms from the land can
make itrrespected.c c ted. I Vattel j. 289, agrees,
that a nation can claimjjurisdi c tion so far
from her shore as Hie can make her claim ref
pec!>?d, or so far as neceflary fprher fa&ty.-—
within cannon ihot, and for this vcafon a vei
fel taken under t!ie cannon of a fortrefs is not
a lawful prize. So fays 2 Grotius ch 3. Jcc.
*3-
In the firft fe&imi of the separate article of
the treaty with Sweden, the £tli article of
the treaty with the Netherlands, and the 7th
article of the treaty with Pruilia, the protec
tion to be extended to each other is expreffiy
stipulated, within the refpe<shve jurifdr&ion
of the fev>raj countries, aiui in some one of
these 12 miles is made the distance. If this
distance is fought for in the lav's, cannon shot
will b? found the rule,, this is generally
ted to be 3 leagues, and this distance, i»e faic",
he believed was mentioned in the com millions
toEngliHi privateers. If the capture in quef
tion is made within the distance, then we are
injured, and if any injury is sustained we have
a right to vindicate it.
He next turned to the third point he wish
ed to ellablilii,
It is contended, that wc have no right to
enquire into the validity of the capture ; the
enquiry, he said, is already inftitutcd, but this
enquiry docs not iivrerfere with the principles
ot peace and neutrality which we wish to pre
fer ve towards the belligerent powers. We do
not want to enquire into the motives of the
rupture between them, nor whether the vtfTel
has been captured under every circumftancc
that will render it valid ; but whether it has 1
not been captured upon neutral ground, wtfere j
[ ourjurifiHiftion extends, and where we are
IJdbTna Tfe-p'atect the property of each and eve
ry of the belligerent powers.
True the business may l>e fettled by nego
ciation, but a judicial decision is one of the
modes of lettleinent, it is a convenient mode,
cou r ts of admiralty take the law of natiftr*
for their guide ; a foreigner can enter such a
court wit hout fear. 1. Magens 487 —490
2. Woodifon 450.
A judicial decision is more conformable to
justice, than that which may be obtained by
negociation between executives. The firft
decides according to well known principles,
and gives judgment on the merits of the cafe
abflra&edly confidercd. The executive as
often ivgaitfed by motives of policy.
He said something further to Jh** .1
a judicial decision in cases of this nature is
preferable to one brought about by negociati
on. But even fnppofe them equally good,where
then is the impropriety of adopting the firft
in the present cafe.
He turned-to foveral authorities to fcew
that admiralty courts have constantly taken
cognizance of cases somewhat similar to the
prelent, wben they bail the thing or fetftn
within their jurildiiSon.
3- Bulftrode 28
2 Saunders 263
1. 14 83
B v nl 194
i!- Vsicel, ~ "ix
He cited a csrfe by wTsich it Sheared that
the Duke of Tufcany had ordered reHjjgiwi
of a vell'el in the port of Leghorn. ,
In all the cases-cited the matters had been
judged by judiciary courts except in the lad
cafe ; but t'len it is to lie observed that the
Duke of Tulcaßy is u despotic prince. Byn
kerlhoek expressly fays, that where no treaty
interferes the court of admiralty of a neutral
nation is equal to both parties. Strict ju2ice
could indeed be expected sooner from a court
of this kind ;he cited Bynkerlhuek i 4. 17, to
elucidate this point. _/s
Douglafs 579 eftabliflles, Wtttn.l
court may have ajuriltWtion over prizes, but
it is heft to bring back the prizes to the port
wheie the captor belongs. Upon the who'e
he obfei ved, this appeared among law wri.
ters a disputed point, whether a neutral ad-
miralty court can condemn prizes. However
the question now hefote the court h not to
condemn a priz", but to declare whether this
veire! has not been taken upon neutrai ground.
It was said, that thi> capture was no in
jury to Great-Britain, sut iuch an injury as
Ihe could 1 ail upon us to redress, that the
capture of the veflel could only be considered
as a narural copjeqnence of the war. He did
not lee the thing in this light; the veflel took
refuse on our coast, in the arms of the Uciied
States as it we:e; it was thenceforth the
duty of the Union to protect her, and Great-
Britain had a right to require it of us.
If it is no violation of the law of nations to
have a velTel, which we ought to protetff,
captured within the limits of our jnrifdiftion
off the coast, why may not a French privateer
take an enemy from our port W 9»t her from
our wharves?
445
Wednesday, June 26, 1793.
Ml, Ft N K(1,
WHAT a I'cheme of milcliief is a bank,
under the charter of Cungrefj ! jimm
ied ra®n will make use of the powers of a cor.
poration not to make profit but to propagate
certain dangerous political opinion. One
might indeed have ex|lefted th;t the love of
money would have swayed ttk-m. But, alas !
we know on the authority of the writers a
gaiuft the bank law, that tbcv are, as a body
more cunning and ambition? t;:ap ~v„t • ious. <
They prove that this is the m y mature of
a bank, and evsry true repu : tai h>. been
warred of the wicked deiigns ot a \ ■ 'v which
could be pei'l uaded to pal's, and of a chief nia-
* La'.e d'fcovrrici however Jkem tl.af «• the lo
tion's bowels" have hen devoured, unit it( "fas
aim" and '(rtim" will gq next.
Mr. Sergeant answered, that the fnvefcign
ti »<' the nation would undoubtedly inteitere
and prevent it.
Mr. fUwle concluded by addjngan instance
from the 2d vol. of Lode des Ftijei a French
weik, page 887, to (hew, thai id France an
admilalty court had taken cognizance of a
prizr taken by the American frigate Alliance
Capt. Landais.
He closed by hoping that the cause wotild
be ItifFered to proceed. From: he well known
spirit of liberty and jullice which breathes
throngh all the public a<fh of France fmte her
revolution he was pei fuaded, that Die would
be pefcdtly fatisfied with this equitable mode
offering the business.
Court adjourned to the next morning.
(To be continued.)
FRO ft THE NAT 10 HAL GAZETTE,.
PROBATION A PwY ODES.
O D E V.
7«aTituLY Great Man.
" Juftum et tcnactmpropofiti vtrum." Hor.
on thy virtues often have I dwelt,
And lijll the theme is grateful to mine eat :
Thy fold let cht nulls len times over melt,
Fiom dross and base alloy they'll find tt dear.
Yet thou'rt a man—although, perhaps,the Hid
But m*n. at best, is but a being Irail ;
And since with error human naturt'icurft,
1 marvel not that thou (hould'il lomctimes fail.
That thou haft long, and nobly fcrv'd the slate
The nation owns, and jreely gives thee thanks:
Bui, Sii !— whatever (peculators prate,
She give thee not the power t' cttablilh Banks..
No doubt, thou thought'ft it was a phcenix-ncft
WhicK were so hufy to build up.
But there : c?£>codile:had fix'd his reft,
And fnapp'd the nutton\loweU at a Tup.
Tilt g.erdy mmjtcr is not yet halt cioy'd,
Nor -will he, whiHt 2 leg o- arm remains ;
There pans ii,e lalt of all ihotild be deilroy'd j
The next delicious inorfel is her brains.
I trust thou'ft fren the monster by this time,
And haft prepjr'd thy knife to cut his throat ; '
His Icalcs are todzmrvo l)ai'd,t!i<-.t infhy pi iine,
'T Would takethee twenty years to ir,ak.e it out!
. giant rbee.lifc iodn-it! Fare ttiee w<-U!
Another lime examine w<ill the pell.
TJiough of Aiabia's fpiees it frpuld fmrll,
It may pioduee some foul injeu.al pett.
10 R THE GAZE I lE.
PARODY.
VJFEOBGE—at iKy viiiurs often have I smelt,
But ah, the flagrante did o'ffi-mj nose :
- u»fr»'.ry dealt.
that nothing is so naufcou»sri«c(ef
" ™ouart « man"—some soy t-bou sit ilie fiift—
Boi map, at befl, u but a being (rail
And oh w) being f'urely is accurli,
So- long as thou'rt the W, and I ihcr.nY.
" TJ'tthou haft levg and nobly frrv'd the (late
The nation owns"—To fcvr'ie (Lu'tcs fav-~ '
But wh« tb W heard'ft the little Atlas nrat'e,
His artful words'Xwept all thy f4me away.
The Couflitution, wt did all furinifc,
G»« not the power to for(n.» banking febeme j
The I peculators lock thee by furprizr !
And all thy glories vanifh'd like a dretti).
I .' h r ot ' fi n W,,U !' l pr "' ea """ft Prolificgpofe,
Whose r,eft with many golden egu would
teem ;
jAlai, for mejt only findt the mirf*, v
Piell— an enjpty, booUefa theme— S
Alas,fc>r me'ittC-wai rior gold, par fc'rjp, "
Poct« ( I found, mu/« .
In floleliil diltits ferfice my pen I d.p, '
And dauin and blast the fpccufating crew.
I trust that time htth open'd wide th:nc eyri,
Hath (hct/n the horrid fcaiy coat,
Ana that thou haft a knife of proper fizc,
Fo piexcc the Icales, and ekt to cut his throat,
GoH grant me life to fee the happy time,
Wr.cn (his—» i.h every oi(rc, ted'rai pl an _
Uowtvci honcli, noble, jufl, lut.lime,
May >11 be crulh'd beneath "the Rights of
Man." 6
For At GA 'lh JTE of tU UNI l EDSTATIS.
[Whole No.. 434,3
jfiftrnts w!iu cquld be iifltarfwirlreA-t<> T-pinve
ftjch-a li•»,giving t *ionJtra«»s totxicp ISY, «I
c<*uraging lpsc«>itiqii, iive I throwing the ha
bits of twd'ijidufirvf raifiiyj up no
bobs, sum! ppifoniiij; the fountain )*»_ad of re
publican virtue and-fccjuaMty.' ,/s!as; ti.is mil
chief is without cure,f 'for the very
promote state Han)l<.. Tlley tell u«Cowigr»t>
betray»4 the natiqii, Ijecaule thtv s|-(W l u*
from tlie nation}) bank r)w tariffing
Aim of sixty fionfand dioljars a the
State banks ars (et up, n ow to ljjake' whit
tliey can, and to keep .all tltey ir.ak# tch
greft, take heed to yon? ways, for we are
blind and dfafto ttiedoiiigj of the Stale Lc
giflatures—and we that ify«u
should do as we would have voi<,xye,Wi}) ohanra
our and find fault ftiTl.
P. F. Jfr hjutrJHJtni.Ct/.
t l/n/efs the Prr/idtnf tahs Sinh»t'< advice. iy
cutting the throat of this " gieii\ men/ter
A r>. "P**!""* fVw (At, ' See cut »[. Jtvathan—
u'uis Sinhat'i OJn — w whi/i the MrelL
Jed as " a truly great ma*"-tiU he fra/led oil f„
liitelt ky mttnth* the VtnftiMimi n the
"H for incorporating the fuirfcritcr'i to l.e .'lank cf
the United St *tr s ! ' y
TffE ADDRESS OF TTlz
BALTIMORE MEiHANJCAL SOCIETY,
To GEORGE WASHINGTON,
President of the United States, '
SIR,
HAVING otir hopes and expeftatiom
principally fixed on the W,ili < > n;Government
lor proteftlon and encouragement iii our va
. rious pursuits, and being fenlible tlia'r our'hap.
P>nef* and proiperitv, ir. a g:eajt measure, de
pends on the continuance of peace, and our
bemg in a itate of amity with the European
mrtV.ut now engage# in war, we beg l«,vfc, fn
addition to what others of our fejlmv r : t':zens
of this tov/n have pre fen ted, to exprris (lie
high fen e we entertain of the yifdoiji and
ftoodnel; which dieted your late de< ia'-st-ioi',
of the disposition of the government to obferm
£ itrict neutrality towards the beffi«rent
powers, who are now defoliating tie fniclt
countries of Europe. Our country la refy ex
perienced ali the miseries of a defolarii g and
cruel war, but by the interpoflt.on of a kind
Providence;, the Americans v.ere enabled
under your wife direction and patriotic exer
tions during their arduous ftrufig'e, to )e*ure
thr invaluable hlejlings thev now enjov.—
Being thus exalted'to the p:>fie,]:»n of civil
aiid religions liberty, and enjoying the bene
fits of a free and equal government, we ca«-
| not divest oui selves of fvmpathy for all who
Rruggfe for the fame blessings. But the un'!-.
r:es of war we deprecate, and circtuiiftaiced
a " ourcountrj and government are, the gene
rous French wili acquie ce with the American
citiaiens in the acknowledgment 0 f that poli
tr"th ' Ltl - VOU " enjoined,
That the djty and interest of the United
States require that we /hould with fiiiceriiy
ami good faith, adopt and purAie a c#mfaft
friendly and impartial towards tl;e belligerent
powers."—Thjs conduct we do for uurtelyes
adopt and mean to purfuc, and we are per
suaded ir will be the conduct of all our good
virtuous citizens —Peace will |, e tluj
prefewed, the Pue interci* of our country
promoted, happiness extended, and an afvlum
fecund to tlie oppressed of eiery nation and
country. - -
Ballv,.it (, June qth, 1793.
* 'tiU,
Bji.Twmc mecvjwmi fefuzTy,
OHHTHMF.V,
| TH ; ; 'angiuge of your E.ldrefs fhcwj
that you have t.gliMy cftimated the puri.o'L
lor Which our general government w JS eflab
lifiied—and so evident are the benefits re Tuft
ing to the induct ioui citizwu of eveiy de
fcnption throughout the United Slates, from
the operation of equal laws, and fu,j„ the ft.
cuntyard tranquility with which they have
purlu.ed their various avocati n«, under » m .
vernmeut of their own choice, thai itbecnmei
the duty of thoie who are entrusted with rh*
management of their public affairs, to endea
vor, by all proper means, to continue and
promote those invaluable blcffin-: Art?that
the happmefs and true interest of a pt>«pk are
beu letured by oblefving such a line tf con
diift as Will, while they discharge their poJiti
°b'igatinns, prefcrve to their country
peace with other nations, and r ultivate the
goad Will Of mankind tow.rtl, them, I t r L;l
no one will deny. If tbe citlzeiK rf
ted Stares have obtained the. thai arte- of *„
enlightened and liberal pco->ie, tr.ey will „ r '
that they defers it, h\ °
to I* the trns friends ofmartkirtf, and n: aki 1K
t .eir conntry not only ar, afyl urn f Ar , Q *
p.effed of every n z ti„„, J )llr a ,; 9 , ir<ii , lt
im,uflrif "" <*
G. Y>'4S«IN iTox.
.