Gazette of the United-States. (New-York [N.Y.]) 1789-1793, June 26, 1793, Page 445, Image 1
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. .