A NATIONAL PAPER, RUfILI&HkP WSDUKSpAXS AN© SATURDAYS BY JOHN FF.NNC, No. 34 , NORTH HFTH-M REll', PHILrt Dt.LPH 1A [No. 113 of Vol. IV.] 1 A 0 u% : ■ i r *, f *&W J"*4%>, . r ■ sfywitrM _ jr-i:. Sketch of the in this important cafe, continued. JUNF. if. Mfl. I>JG£RSOL Tor the captors ? firft en deavored io fliew, that the violation of ' one part of the treaty, by proceeding in this cafe would annul the whole. To this effect Ke cited -4 Vaf, Sec. 40. He could not re concile the proceeding l ; of the Executive jp arresting the prize and detaining her, with the exf>refs words of our treaty of amity and commerce with France. Even if the proper ty was ,wre(led from our hands the Court *vould not liave a right to declare the t prize illegal. from the Universal Di&ionary, pa£ell2 he read the word l ? of part of a treaty bstweer France and the United Netherlands, in Tub ft,nee nearly the fame as the 7th »rt. of cr treaty with France, and at("o page 234., • ofanother t e.itv, containing similar on the oart of the HbellantS (he asked) to fitew cases wherein a conftrqltion has been put up on the provisions in the'e treaties similar to that contended for. If none can be adduced, the cau e surely cannot he supported. Hecited Lee 77, 78,81,220, and 2H» to Piew that it is the duty of him who is neutral, not to interfere iii determining the question '<■' prize or no prize: 3 Grotius, chap. 9, Tec. S—fays, It is faid y that when the capture is ' >Und on neutral ground it forms an ekcep ti in'; but Burlamaque combats this opinion. Bynk, 191, 194 fays, it would be unfair that a court Ihiufd have power to restore without the power to condemn. In the caTe now beTore the Court, it is not contended that there is power to condemn.-—A faithful pftfervance of treaties, he remai ked, is the best mjthod r>f a'taining re'pe& and jireferv irigpeice. A capture on neutral ground js an offence to the neutral power ; but it be longs to the Executive only to obtain redraft by means of negociation ; the Executive is the ftifly organ of goverrtmeot jyy which wc -vith foreign nations. Mr. Raw!.- had cited 3 Vat. fee. 132, to ffiew that if a power at war attacked an ene my ori neutral territory, a wrong is done to the neutral country ; this he admitted £ but he in fitted the Executive alone is competent to demand reparation. Many observations had been made by Mr. Rawle, on the extent at sea of our territorial Claim. He ditfered as to the extent of that claim and conceived it more confined than it was endbavn *ed to be laid dawn by that gen tk"n*Y>.—i. Vat. p. 116, (ays, that the do minion of a Rate is as far as is neceflary for its fafety ; if the fa£ts dated in the libel were fcoinpared with this rule, he conceived, that bo jull ground of Complaint could be formed by us. Oor treaty with France, the Ne therlands, and Sweden, are indefinite on this head,—" near the coast,'' is the expreflion. The indefinite nature of the queflion ren dered it a much fitter fubjeft for negociation thm for a legal decilion. He turned to the E-icyclopsßdia, article Gunnery, to (hew, t at a 24 pannder will not throw a ball to the difiance of quite three m trj. • Jtodge fetors tilM'd tb« attention of the counfelto tSe ptriiir,'before the court, via. whether, if the tapture <*s« made on tieStral kerrl fry. then can the court take cognizance. The quett'on. Mi. In : >erfol said, is a qnef ti"u of priz- and no .riac, the very qucftion fxr>ref'!y precluded by treaty. From 16 Viri'r. 603 It appcais plainly, that to give ju tifdnSoii c a neot ai cvnrr of admiralty, it mxifl: appear, that rhe con tries to which the capto-s and belong are at peace with each i;the r . He cited Mo.loy 14, if, to the farhe poii t-' 2 Stiowe' ;>32. In thi 1 : ca e the arifwer by the Court was, it' you think your- apply to the King in council. Juitice J.'.v's argur.ient was cited tn lhewr that this rase had Ix-rrer be dec ded in A jtt ■Stial court. it was enough to ar.fWer-that t:ie framer * of the treaty nevti contemplated • riecifion of this kind in cal'e of dll'agfee- IlK'lt. « Code des Prfffes 877 had been referred to. The cafe there recited and that before the Court are ve\-y Hiifimilar. The Fosters were Merchants tftab'iijhcd at Bourdeaux ; France was at peace with tlse United States ; their veile) was taken by an American frigate ; tf»e Coin t of Admiralty could condemn 35 well as return. Magens 487. The court of that country to whom ue captors be'ong determine the queft<on of prize or no prize; and tlierb can not be any other equitable mode of tii.il. Grotius 601, was al'o quoted as cootaining a cafe or opinion in point. Mr. Sergeant on the fame fide. Vattel Sates the great jcaloufy that *xifts •etween belligerent powers relative to the condti&of neutral nations, wlwtfc fliould bt conleqiiently ««; y tauti-u-thujy tlwy, .ijj any manner irrterfeif Is ithtir qutirrels. A neu tral nat'oo ih.mld coofider both parties ?s riftlit. frizes become the property of tlic o tereigns> in a ciegree, who gave the com million to the captors } they are not to be meddled with ; bat cur treaty withf ranee is explicit on t;hat fc?ad v a Va?. Sec. 346 to 349, to down, that,a oatipn has no right to judge between an indi vidual and a State. Sec. 2(0 to tie fame point nearly ; a neutral nation fcas no right tofrt itlelf up as judge between belK gerent powers unleft by tlip agreement of both Rarfies. 4. Inft. lays down, as ift ■ Vin. 600 that before a ca% of capture can be 'brought before a neutral admiralty court it must be lliewn, that the sovereign of Hie country where the cause is instituted be at peace with the countries where the parties belong and that t|io/q countries are alio at peace with each other. Lee exjjrefsly fays that in cafe of uifuljti oft to a'neutral nation, fatisfa&ip.n mull be demanded by the executive and the buftnefs fettled by'negotiation. If it was admitted tiiat admiralty courts could interfere in cases like the jjrefent, privai;csrs.cjrcumftauced as the Citizen Genejt. js to be % \ypul4, with their captures, ever keep out of the ju rifdi&ion of those courts, and then the exe cutive must at last be resorted to. One pow erful reafop the executive should fettle differences flrjfing from a violation of a neu tral territory is, that having the public force at their command, they can make those neu- , tral ri£?its more refpelted. The counsel on the other fide appear to fuppote that a republic pofTefles fewer of the rights of l.bverejgnty because their,executive is uot so energetical that in absolute go vernments ; but Montesquieu fays well, that in every sovereign State their exists tbe fame quantum of power,—power complete for feJf preferf ition and the vindication of wrongs. Hp adduced a recent cafe in point: An Kn glilh merchannnan at the JEfaulkland l/les, which are claimed by no nation aiul looked Upon n$ common propei ty, flopped by a Spanish sloop of war, her rudder blocked and fails taken. through their cx-^ agent c T einSncted and obtained £on cejfiions and reparations of damages. Shall the Captain of a merchant man, he asked, be the guardian; of our rights, or rather shall not we undertake the task of vindicating them without his interference ? Suppose we should go into the merits of this cafe and find that the capture is a good one, the court however could not condemn it. The cafe from Bynkerfhoek, he conceived by no means in point; neither that from the Code des Prises, as had been dated by his col league. Upon the whole, he recapitdlatcd, that a neutral court of admiralty cannot judge be tween belligerent {towers. That if tLere is a violation of territory, the court of admiralty cannot obtain red re hut that it must be lei t to the executive ; that there is no instance of a court at law vindicating the rights of neutrality; th'at the injured party muff ap ply to the fotereign ; and if we are iujured we must fettle the bufmefs by negotiation. >rt dvX- Mr. pau(ince:ui, fie to re the court adjourn ed, wilbed to fall their attention to M' l oil. 'Vrva'tifcii made by of a Hiner- ; itlce Mtweien ilelibevateW-taking ii »e(£bllli a , neutral .porr, or eipturin'g her ttMffrirf tlie neutral territory |a the lull rff^Huit. Adjourned to $e aft«rn4M« , vrgtmntii ott «*f,] Mdffri. Hanson & Bond, I fend you a copy of the letter directed tty the Club of French Patriots of this Town to their friend Capt. Ferrey, commanding the privateer Sins (utcltc. By publiftiing it jr ymir uieful and patriotic Gazette, you will oblige your servant and brothei Republican} CH£RUI. By order of rhe Committee, Jane 14, 1 79> N. B- The anlwer will be translated far your next. TRANSLATION Of ah Address directed by the Club of the. French fcatrfotjs of Ale*amirja, tu thej* triepd C otuin Ff.**£Y, commanding ,{be Krenf li Schooner jatt 1 Lutyte, and presented by fcitiztfn ChEßur, at Baltimore. C.iTizjN CAPTAIN, r r , HE Fren'patriots, your friend', of X Alexand ia, incit'i-3 1-y love for their cionfry, and aftua'c'd by refpefl for fhofe of t-.--ir brothers wit" are its defenders, of what ever denomination, bave charged Citizen Ciier.i tn acquaint yi u srith the efy?em they have conceived lor your invincible cou awe. Well cl iiK'Oa,:t: 111 cbt 'inue t» rifl thewmd ot the l>i''"d e riiiie to lib? rjr? putp,e thrjai of tlief/-fierce li.ifoiis, nNj 01.te boasted to poflef' :ktf - .P'll' them know that, as we woe ei:u.n to tb«tn at a" time" when we 449 Saturday, June 29. 1795. 'GW, fmirted under the rod of tyranny, now, free ;i(»hHeans,«« witt bo fuperinrs. What *>Vy it is W fight in I'uch a cause ! and how deeply yqu feew to &e convinced of this trsth ! Far, give us leave to observe to yott, Captain, that at the rate at which you go 011, you would soon convert Gioroe himfelf, to free dom. The Sewfpapers every day mention yoijr exploits j and a few meetings like the one you had with the ]oJ/ph, Fanny, &c. would be more than fnfficifnt ro convince the vjle soldiers ofdefpotifm, that the cause of liberty i t the best. These men are deaf to anyargu nents but those of cannon. Be aflured there fore, Captain, we look upon you as one of the best missionaries.the National Convention has sent to these (ho,res, If you dp not perfuacfe, you defeat them.— Your ijiode is equal to any other. Slaves dis regard whoever do not conquer them. In vairr you would reason with them ; they think themselves born t» fertfe; they fear, as foes, thofg who offer to be their deliverers ; an un accountable distrust is the lot of the ignorant. We have displayed the rights of man through the channel of our Nati<m»T Aflemt>Kes. The uuitcrfe firft wondered at our bftldnel'"., but after, they arfmmrd owr wisdom. None Ltvt tyrants have t embled : tliey were;afraid tfcit libel ty, the taafis of oiir new system of government, Riould extend its {hade as far as their defplated lands; then they commanded tWr fubjefls to take arms, t those wretche*, like vile Haves, have run to the field of battle. Wro are those they are going to mtirder !— Their berjefaftors. What will be the confe qu<nce of the conquest for which they are so eager? Universal slavery. Anil can we look upon such men as our brothers ? No, Captain, tliey do npt even deserve our pity. Arm again, and go to figbt them ; do not be afraid of wanting.men. There is not a true Frenphqian who is not determined to jj^ive up his life rather than to fee the cause. of his country deftrteA If our brethren who inhabit our mother country, art not fufHcient, we are ready to unite ourselves frnm tbefoor parts of the world, to form an immoveable phalanx, which nothing but one co|r.mon<jeath wall annihilate,'or » complete vifto.rv dissolve. With the greateil rjfpeft for your courage, rvfeffcyMfr ettMJSu trrari, fit, your friends, the French Patriots of Alexandria, Cherui, D. F. Donhant, Neb/on, John Daranne, • Conde, Robert Duboti, John Baffin, Lethoint; John Petit, Be Joy. P. S. We think it our duty to mentiort to you the kind and fraterjal reception ,your prize, t;he Join, met with in this (larbijijr 'from our generous allies. They manifelted the joy they felt for our success by a fylute of cannon, which we answered ; and wit'fi the more delight,, as we were persuaded of the sincerity of their hearts. It is the chatafter iftic of Freemen to be friends. all.) June i SAL ADDRESS ofr vftE toivn or Siziyi; To GEORGE WASHINGTON, Prcjident oj thcUnitcdStatei ij Amsrica. -%\i, FULLY and deeply imprefled with the wisdom, propriety and policy of tlie measure which you have lately adopted in i(filing your proclamation, w hei ein ii isdeclared, that the duty and interell ot the United Sratrs require, that they should with sincerity and good faith •adopt and piiifne a conduct, friend ly and impartial towards the belli gerent powers therein mentioned ; and contemplating with heart felt furrow the calamities and dillrefs of mankind invaiiably accompany, ing and neceliarily incident to a Itate of war ; and at the fame time viewing, with the m pleating and and grateful emotions, th> happy and fiourifhing lunation of these \ftatei, Under tht prcfcnr excellent copllitutjoti, iii the ;tdiiiTi|iiration of which so fnuch is due to yo j m>. tegriry, impartiality and wisdom, ever wa'Chlul io p'iorftf/ce the true interests of the citizens thereof : We the freeholders and other in habitants of the town of Salein io legally and duly met in town meeting, cannot refrain from thus unauimouily exprefling to you the pleasure and fatisfWiion which we received on feeing that Proclamation ; and are induced to take the eai lieft opportunity of a (lur ing you ofour fixed and determined relblotion offtritftly tor joying with [Whole No. 4£jv] its objetTt, and diffcouatenancing and difcouragjng Ihe atremptsnfall per sons who, regardless of their duty, and willing 10 injure the true inter est of tbefe states, fiiall at*t in anv manner contrary to the injunctions therein contained. And permit us further to add,that from our knowledge of ilie fett'i rnents of our fellow citizens in this part of our common country, we have no doubt that the watchfulnefa and paternal care of the Supreme Magistrate of the United States.aid ed and assisted by the exertions of the peaceable and good citizens thereof, will effectually prevent the fmaJieft deviations from the rtri<steft neutialiryv tfciN reflore, preftfrve end keep our infarrt Republic in the cheering- wnd foftering hofom ot peace ; and make and continue us the friends and brothers of the g* eet family of mankind. May Jtft, 179?. , , TfIS ANSWER, Yo the Freeholders and other inhabitant! of the town of in Matfucltu fetts. Gentlemhk, PLACE.D in the fituaiion I am by the free voice of mv fellow ci tizens, it becoinps a duty, pleasing as it is strong, to porfue fucn aiea fures as appear best calculated 10 promote their true interests.—Un der this iinpreflion I iflued the late- I roclamation, declaring thetieutra lity of tfie United States ir. the pre sent contest between France and o ther EJuropean Powers.—ln making this declaration, I was persuaded that 1 J poke ib« wishes of my conn rrymeti, without violating any po litical or moral obligatjpn.—And the evidences of fatisfatftion which have been exhibited on this occasi on, as well as (heaff'urances of goo*l Citizens to life their influence »n preserving the, peace and prosperity of our infant Republic, afford a new proof of that liberal and enlighten ed sentiment which has been In oft en and so honorably manifefted by them on great occasions. G. WASHINGTON. Foreign Intelligence. LONDON, May ). From Tuejdaj'i London Gazett*. Tcurnajr, May 3. ON the Ift inft. the French at tacked the advanced posts of the left wing of the combined army, but were repulsed in all their ar tempts. On the fame morning the French also attacked the advanced posts 011 the tentre, but were there likewise repulfcd : They ft»fFer#d in these fe»eral engagements a cort. fiderable loss both of men and can non. We have this day received letteri from Bruliells, dated the 3d inft. m the afternoon, one of them inclos ing the following letter, that jn6- ment come to hand, dated " Mont, May r. " We liaye taken by allault the mountain of Aufin, i league distant from Valenciennes, which was strongly fortified with cannon, and interceded the communication of the four roads. We have taken se veral prisoners, and we are allured 40 or 50 pieces of cannon. How*, ver this may be, it is certain that w« have polleflion of the mortmain ( f<» that we ran keep a check of tlie camp of Famars, and get pofie(li< 11 of Valenciennes with more facility." Extrc(l oj a letter from Dbv<r,Ma> j. " The Capt. of the Packet f rom Oflond, jull arrived, reports that a ireflenger arrived at Ofiend from i!ie armies yeHerday afternoon,who bt ought account of an atfio;) in
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