For the G 'rstte of the Ullrfiri Stt-.tes. ?■'"
Mr. Hash*, *?''
WK
I lur*r seen in your paper many cen- m ;
furts upon the conduct of {he Pre fide nt mt
and the governor of this state, refpeft- s ol
ing the [ufpenfion t>? the intended fct- or
ilk me nt at Prefqu'Klc. Had the exe- {-j
etivive of the United Slates been alone p e
concerned, these ttriitures would have t j,
not tjkeited my attention i for it is Co as
much ft matter of course for the Gene- y
sal Advertiser to misrepresent the con- p i:
dust of that wife and good rrittri; tKat f )v
the vehicle has at length frebftirxrah Jc
tidote ter the pt*ifttow Bilt the implies- Wl
ting thr €J*lV»rhdr jri tlve accufatfcni, p,
gives >£ a» air bf impartiality, a«J I jn
was led r &y ity t<i inquire into the fefts, G
in order to discover how it happened fa
that the Pteiident had so- rtiicon'titiiti- je
drlrtlly (At MiS vetti on a kw of <r (
fyl va.iia, arid why the GoVernot had Co | f 0
tamely surrendered the dignity and ititc- 0 |
rtfts of the flatei t ar
This inquiry ended iH a copviftion g,
that the etftrdtrft of the t<vo govern- hi
mentsf if.fteSd of d ffcrvirtg censure, I
marks, ofi jli4 one haiid the paternal ai
Care of the Prefiderit, and dri the other, ~]
the iiierttidri fit' the Governor to the si
general iirterelt y'f the union, ai well as ti
Ui the taws coNtflitution of the state. ft
jwilh therefore tO,fee thi^rhatter let rn if
ifar true light; Misrepresentation ran rt
do iu> good: at a diilance it may d(j ai
harm : and it', as one cotref- ji
|>oiidents intimate*,' the Western diffa- f t
tisfadtions have been heightened by five tl
fsipenfson of this settlement, those who o
nriltated facts and mifi li
tfiottves have much to answer for I tl
The following from the bed informa- c<
tioil I could obtain, appears to me to be d
the true state of this affair, ai
On the Bth April 1793, the Legif- tl
kture of Pennsylvania' pa-ffed an adt, ai
•mpowering the Governor to lay ofit a fj
town at Frefqu'ifle, and offering small li
bounties of a town lot and a*, out lot,
to the firft 20a perfbns who should set- p
tie thete before the ill January 1794. a
n e to\vu fiovfevei was hot laid out— I t
some difficulties a'rofe from the state of t;
the country-r-theiffue off the negociati- I
ons with tH* Walltril Indians,' strength- n
erted the reason'S tor delay—the govern- t
or did not then think it projjet to call r
out the Militia—-ami the afienatly-met
before the surveys were made.' '
The aflertlbly did not intimate any f
diffatisiaftion at this delay. They did e
not make any proviftan for a more c
jfrorript execution of the ait } but still a
left ttv Governor the fame or rather a l :
greater latitude of' discretion ia poi/it .of t
tithe. They extended the period for t
fcttlement-bounties to the firft of May a
1795, and having diretted four compa- t
ties to be raif d for the dcfence and pro- {
te£Hoti of tiie port of Pliiladelphia and 1
of the frontiers, 1 they atrthorifed the c
Governor to detach from theft", as ma-* i
njr men as Could be spared from the Ipe- t
cific objedts irf defence and' protection, 1
and to station them at Prefqu'ille. t
These, could have been but a handful : <
fufficicnt, perhaps, to protest the com
teiffioners from Itraggliivg parties of the 1
Wetlern Indians, but utterly infuffici- <
entto guard the settlement against the i
relentm'ent of th« Six Nations, once 1
roofed irtto actual holtihties. This
forrfis 4' proof that the Legilla- I
ture of P'ehnfj'lvania th'd not ixpedt fbat ,
the measure they were adopting would
fcxeite the hoffiHties of the Northern
Tiibes: efpeci'ally as' the inliftment<of
the compass Were t6 expire on the firft
of DecenSfber, ? and could not be conti» 1
rnied by the Governor longer thaw the
3d Tuesday of that month.
As soon as the determination to pro
ceed in laying out a town was fully
known, it- appears, that symptoms of
strong difaffe&ion' Were discovered by
these Indian tribes. They denied she sale ;
of these lands, aHedging that the small (
sum received was conlidered as the usual [
pMent on the cOirclufion of a treaty of |
peace. Whether this pretence be well ,
or iU founded—whether they were not '
excited by firitifh agents, I know not ;■ (
but their oppofitiom to the intended •
measure was apparent: and so much so, '
that the Governor fouud himfelf unable j
to carry the a£t into execution with the
force the affetnbly had providedj
In this new filiation of thing* the
Governor would have heen juttihed—
and it might have been advifeabk-—to
have tnade no further movement till the
opinion of the legislature wAs known :
for, it is prefufnable that imder this
great change of circumstances, the as
sembly would have immediately suspend
ed the settlement until meal'ures were
taken to quiet the Indians. The Go
vernor, however, who has been accused
of inattention to the laws of the state,
was so deflrous of carrying the ad into
execution at all events, that he had re
coitrfe to his general powers as corn
tender in chief of the militia, and de-
termined to calf out a thoufaud men B
and mai'Jh. t\) Prefqu'itlir. PLbw j'i
far the vaJt «xpcilfe 6f tiliis vo'.iiwtii y -t
movertient or the coufequenccs which te
might have tifaJted from' it would have to
met the public approbation, it is not ci
for me to cVterfftuie. lint tile Govern
or did not chiffeto take this step rei/hly.
He knew that 1 th. legfflature had not ex- 'fa
pefted or required it ; he knew tliat
the uteafure was infinitely mora;:,t.-.us j
as it refpefted the geutrSl interefls of the
Unions and he rmtft hare felt how rff- i
fvonfible he wotlld be to all America-, if
>y raifnrg tip a new enemy he (hould in
defeat aiKl/ruin the operations of the 1 tl'
western army. Upon these the ■in
' Prelident c<u)ld not but have superior ! k
information ; and it was proper in tlw; J. w
> Governoi ti> eominumcate with him be- 'tc
I fore he hazarded a ltep which might-ut- • p
■ terfere with the meaftires adopted for our : n
general defence. He therefore made aj rr
» formal communication to the Pvefident, jy (
• of his intention to march the rnilitia ; 9
and the Prelident was, of course, ob'i-1 ai
1 ged either t<» fandtion the measure by ' h
- his filervee or to interpose his opinion, jo
> His duty evidently required the !att«r';! e
I and, I uifdeiftatid, that he intimated his j ~
y opinion, that it would be prudent to c
- suspend the settlement for the prtjenl u:)- b
s til measures were taken to remove the n;
• temporary obstacles that opposed it. Even c
' if the fubjeft had not been brought di- tl
1 rectly under the ere of the Prefrdcnt, Ij b
' apprehend i. would have been npt only | n
- juilifiabk but indispensable for him, as \ «
- soon as he was apprized of the call for j |
? the militia, to have made reprefentati- J y
' ons to-the Governor, of the mifehiefs e
I likely tot refnlt from the prosecution of j f
that measure. The Governor, ft feenrs, | p
■ complied with the request of the 'Prdt- 1 n
e dent. He had a right so to do. The j I
act gave him latitude of discretion as to jfi
- the time of carrying it into execQtion ;' tl
i and whether that were done io the 1 c
a spring or in the autumn Was as to pub- j r
II lie cbrffi'derations-, perfectly indifferent. ; q
» Thfe disposition of the Indians ap- ; f
- pears, to have been soon after mote fully, j
aieertained at a public conference with : •
- therh : and in Confequenee of their irri- £
'stated temper no alternative is left to the j I
1- United States, but to endeavour to re- e
t- move their diffatisfa&ions or to count e
1- them among the number of their ene- I e
11 mies. j f
't This state of facts needs no comment. ! c
'Yet it may be asked what other mca- 1'
y fures in point of prudence a<id propri- j
d ety could have been adopted. The en- ! t
e deavours of the Governor to execute the j
11 adt were carried quite far enough : One i
a ltep more would have exposed the fron- 1
>t tiers to the scalping knife—have delay- ]
>r ed the fettlament perhaps for years— j I
y and poured a new and tierce enemy on ; 1
1- the Western army. As the aft of as- •' 1
3- fembly does not require an ittimediatt, j
d laving but of the town, is there any one j 1
ie object of real importance that does ? : 1
a-* Are there any public reasons (I know ' 1
e- there are private ones) that render it less j 1
i, advantageous to make this settlement in 1
e. the tall or even in the next spring, than 1
1: at present ?
n- But it seems that one of your cor
ie respondents is of opinion that there
i- ought to be a post eftabhlhed at Prefqu'-
te isle as it is efl'ential either for attack or
:e That is a diffrrsnt question.
lis The Governor was authorised merely
a- to protect the infant settlements by 3
at detachment during a few months—not
Id to establish permanent military potts;
rn If the legislature of Pennsylvania had
of thought it would have been proper to
rft erect a fort and place a garrison there
ti- they would have directed it to be done,
he If Congress had thought it proper they
would have noticed it in the late aft for
0- erecting fortifications ? And if the
lit Prefidcnt thinks it necessary, is it not
of j presumable he will fei/.e the advantage
by j whenever it can be fafely and properly
ale ; done ? Were a pott at Prefqu'ile ever
all ! so defnable, ft would be little less than
jal | irradnefs- to risk a war with the northern
of [ tribes for the fake of an imrhmediate oc
'ell , cupation of the ground ; when a frttk
lot ; delay by means of the proposed treaty*
)t > | may remove all difficulties and make the
led • rtreafure contemplated perfectly fafe. If
so, ' the treaty (hould fail of this—things
bk | cannot be worse than they arc j and
the this advantage will at kaft be gained
that the moil critical pa<t of the cam
the paign will be part.
1— But it is also said that all these dilta
-to tisfafttons effects of British in
the flifcnee. Be it so—'-but if the BritHh
rn : agents are really active in exciting the
this Indians to hostilities agaiiift us, is the
as- governor of Pennsylvania to co-operate
:nd- with them and blow the coal intoaflame.
.'ere Because the British have made thefti
So- fyfpictout of us, , mult we therefore/nak?
lfed them hoftik and drive them into the
ate, arms of our enemies ?—Or because the
into private interell of a few men is to be
re- promoted by this settlement mwlt the
om- great interefls of the nation be facri
de- fieed to tl eir clamours ? Believe it, Mr.
Bache v theycotws too upon these '
l'iterc!ted clamours who tliink the Go- '
vt. aortif PCJinfylvania will be so much *
terrified by them as t» fecrifice his duty 4
to the -whole people for the fake of le- '
curing a focal or partial popularity. '
A PSNN3 YJ,V ANI ANt |
Mr. Ftnr.o, The forgoing brs been fevt
'to Mr. Sachs. I requefl a publication of it i '
in your paper alfb. AP "• '
limn—ll—mjw_ i '
' For the Gazette of the United States. '
Mr. Ff.nnO, '
Th'ere is a certain Protean Dabbler
in this city who is perpetually dimming '
' the public with his hic'jbiations ; writ
• ing what he does not believe, which he
■ knows can lot be tivne, and 1 which, ir it
were true, render him, this wri
' ter, the moll referable of the creation.
• He now defends the institution of De
] mocratic Societies, in his way—argu- i
i merit out of the question ; he then in- j '
j veighs against funding fyltems, in his ; '
t-wn way—.his arguments, such as tßey '
i are, against hirafclf, The next lubjedt
jhe attacks is, indiieft taxesj all in bis 4
' own way: his argument i», indirect tax- '
;is are bad, because molt easily celledted '
; -—fee the Philadelphia Gazette of last
evening—DireS taxes to be fi*e aie '
belt, because the' people this Protean si« '
napciei: writes to, know very Well they '
cannot be collected ; and it is a blefied
thing to be free from taxation—and tp '
be sure we will give our /offragc to no
man who will not ease our burthen*, and '
we (hall never know hoW it is done. '
j Pay your debts fay* this Protean-^ay '
j your debt's!— Doctor Franklin was an '
| enemy to a funding system, fays this '
j Protean scribbler —and how does he 1
: j prove it Jln hi* oyvn way-—by argu
-1 ments wbisb conclude against: himfelf.
| Dodtor Franklin wa» an enemy to a j
) funding, system, bceaufe the people of
j the United States commiflioned him to 1
j create a Funded Debt abroad, by hor- 1
■ j rowing, ha, ha. The Doctor complains
•; of his ill fucsefs, and why ? O, to be 1
; sure, because he was an enemy to a 1
funding system. What are his words ? 1
i;" The foundation for credit abroad 1
■ ! fttould he laid at home •, and certain
■ i Fun-ds should be prepared and establish
• ed before-hand for the regular payment
: ef the interest." This (according to
■ I our Protean financier) is lo far from
j favoring a Funding System, that the
> ! conclusion to be drawn from what is said,
- ) " is direttly the reverse."
- 1 This- is gulping down an abiurdity
• ! with awitnefs! but such is the dila
: greeable predicament fume pcrfons are
: in f that to keep themselves on the fur
■ face of what they conceive to be the
- popular opinion, thty will quote the
- j trtoft refpeftable authorities against
i I themselves : finely it would make the
- great Franklin blttfh in his grave, to
t , know what purposes hi* opinions are
: • applied to by the demagogues of the
? day. Taxes should be direct fays Pfo
t 5 teus what does this mean? Due Pro
's {teus tell; doubtl'efs—he is not the only
n man among us who sports on a preci
n pice. C.
sIU'THENTIC.
Philadelphia f July 23, I 794.
r Sir,
1. In the Isttef ■which 1 had the honor
y of addreffinfg to you on the loth ultimo,
a I endeavored to narrow o«r eontroveriy
it which threatened an unimportant tn
u largement ; and to throw into one fom
d th*ly reply those fubjeftj, which did
o not seem to claim a more detailed difcuf
;e tion. Leaving thertr therefore at tie
point, beyond which our cotrefpondence
y in relation to them can produce no
it goodj I rcfume the examination ofyour
e remonilrance against the government of
>t Rhode-Island, tlu-French privateers at
;e fJew-York. the embargo,, and the Hate
y of Vermont.
:r r. On the 2Zd of May fafE, you were
in pleifed to denominate the transaction
•n at Rhode-Island "an unparalleledirj'u/t"
c- " Recently offered not by a lawlcfs.tel
le " lcftion of the people, bit by the Go-
Jt •« vernor and Cotfflcil of that State to
le " die Britirfi flag, in the violent rnea-
If '* fores purfticd towards his Ma}cfty's
gs ** sloop of war Nautilus, and in the fur
id " cible detention, of the officers, by
id " whom rtie waaieonjmanded.
n- My answer on the 2d of June, was
accompanied ty an-"avtlhenfie narrative
ra- of the proceedings, upon which so Jlrong
n- a cCnfirre was' beftovfred,- and contained
rffl an afTfirance, .that your animadversions,
he whensoever they might appear, should
he receive particufar attention.
ite Oi» the 7th of June those animadver--
ie. fions were delivered in the following
woids}
kf " I consider the insult offered at
he " Newport to his Mayfly's sloop of
he I '« war Nautilus to have been unpai allel
be I " e'd ; finee the measures piirftied there
:he I " were drreftiy contrary to the princi
:ri- j " pies, which in all civilized Hates re
ilr. J " gulate cases of this natuie. Fur if
« on the .arrival of a Hiip of war ujao
"..Europeaji port," be given
*' that that flupof on board fcb
" jedte of the foveJcign of that port, ap
" plication is made- to the officer coor
" maiiding her, who himfelf condudfs
'i the investigation ; and if he difyovers,
, " that anyfuch fubjeCtsbeon boardtif bis
[ " vessel he immediately rekajes them $ but
" if he be not fatisfied, that there be
any fuel', his declaration to thafefifect !
" on -his 'word of honor, is ijniverl'ally )
" credited. Btit ihe Legiflathre and'!
'• judges of ihe ita:<jf Rniide-illand, re- j
" filled to accept tiieaTurances of the
" eoir.mantler of t!ie or to aT
" low him to originate or profeeiite
*' the .enquiry htaf<lf; ,an<l foicibly de- _
.. " tail.«d-him aiid'iiis lieutenant prison
" evs by virtue of the a£t ot r.iTcir.-
" bly until the veflel waifearch'-d, and the
S ,J American or pretended American iea
! " men were liberated. lam certaiiuy
1 " not inclined to diipute the merit,
" which the governor cf Rliude-lilatid
" afctibes to himfelf for limiting the flip
" piies r granted to •the Nautilus,, to
" such an auiouiit, as was rheiely ne
" cefiary to carry her to her dellined
" port, though this limitation in the
" (FfpuJiitions of the treHty with'FranCe
" is toniined to piivateus only, and
" di#» not extend to rojid or nitiona 1 .
" (hips*)f war. But I must c6ntend,
" thr.t those individuals' of the legifla
" tive or judiviary departments of
" R'hode-lfland who we're concerned in
M this tranfettioiiy conduited them
" iplwj neither with moderation, with
" decency, nor with that refpeift, «"hich
" was due to the commander of a veflel
beltmging to a sovereign, with whom
theif country was at peace."
Although ft was plaiuly to be inferred
fronttheftatemtnt, forwarded frtim Rhode
llland, that at leait the Biajority of the
fearfien liberated h?d been inpreffed into
the British fervfee ; yet did the caution,
in afTumtng tacts, which cannot be too
ft richly observed by t'nofe, wh<> ciiulinatc
or those who defend a nation, require
that flit truth should be explicitly as
certained. The Governor of that ('ate
has accotdingly trapimitted a document j
ill which is the h'«iowing paflagc j
" Judge Marchanf. Mr. Sli«ibtl*nc, j
" Mr. Boss and Mr. ' Ellcry, vifll ie-!
" collect that of the f> American Ciilnrs •
" found, there was but one or tiyo who J
" conftfTed tht-y hiflfl ttjluneaiby Entered
" on board. The other fouV or five Bj
" their own declurition, in the pre-1
" ftnee of the officers t fieri on the quar
*' ter deck of was not
" denied by 01)
f board, neither did the oidccrr'pro.
: «' duce finv flrip-book or papeis, Where
" either of the faifors had ever put down
. " his name. The sailor wfio particu
, " larly appeared to have gtme on board
; voluntarily, declared he was in Mai : -
• " tioiqiif, when tjeWn by the British.:
. 1 " That beingdfftiiute arni in a starring
" co'idition, and not having eat for
f n three days, heJiad entered onboard
. " the Biitifh fti,jp from necessity. It
" was not disputed bv the captain of
" the Nautilus, but that the other fai
" lors had been imprejjid, though not
" by hvmlclf: for hediiavowed such 3
" conduct, and said, he had belonged
" to the fttip b»t a fhoit time, and he
, r knew nothing of the particular cir
1, " cumftanccs qf the sailors. Yet at
y " firfihe was very positive that there
t- " were no American Tailors on board
i- " the ship, and that he did not will,
tl " to have any,"
f. My pcrfonat feelings, §ir, (liall oevc
_ mingle ihenifclvcs, in my minister al intcr-
L course with the HipWnaiie grntlencn in ibi
e Unind Jratei. But wlun the legifljtive am
0 judiciary dcpartinem» of a Hate—of t membei
|r of the American Union—are proclaimed tc
, be deficient in moderation and even deccn
' cy'i it becomes my duty to demand that unti
It the proofs ftiall fubftantiatc this high charg.
le J gainft the lower houfc ot aitemhly, the uppr:
houfe,<he judges of the superior court, and th<
judge of the diftritl court, they alio lhall be
'' presumed to venerate the rii&aies of
in X m'aft be permitted to aik too, whether ii
" was not a meafute ot prudt nee to examine th<
lubjeft wrih the coolt els ot deliberative bo -
dir-s, rathrr than to hazard any thing, when
' great anxiety was occahoncd " in th
it)' mtndsof the people P*
a- .Under ih: Federal coiiftitti'ion," the
's " citizens -of each tlaU are erifiiled to
r- " all privileges aitd immunities of citi
ly " zeiis in the feverai fetes."- " To
" secure the blessings of liberty," is an
as nounccd among the molt important ex
ve pedtations formed t;f our government,
lg Hence thenegledt of one state to rescue
*<t fromtfnjuft confinement the citizefls of
is, another, would be deemed an inftinge
ld ment of fbcial tibligattoii, and might
kindle a serious dilfention,
:r-< In the prclent the ftnte of
ig Rhode Iflafid was by tYioft,
ty Qonfiderations. For, without enquir
at ing tinder eircumilaoces these fiii
-01 lors were firll cast into the power of
-1- the Britifti fl'.ips of war, whether they
re {belonged to veiTels captured and forced
:i- I into British ports, or h >ij gone into the
e I British territories of their own accord—
if jit is enough, that thev 'wsre Impre/jed.
They were rEus liable to become iaftrc.
merits of war against any nation, with
out diilindtioii, upon whom Great Bri
tain might turn her arms. It was not
the fault of our government, that no
rule existed for diilinguifhing an Ame
rican from a iirrtifti mariner, finee our
minister in Eiondon earnestly proposed
to the feritifh ministry more than eigh
teen months ago, various expedients for
its arrangement j but to this- very (Jay
none has been eftablifted Had irot tint
opportunity been Embraced, the unfor
tunate " A nierieans might have been
transferred from ftiip ro (hip, from one
climate to anolhei', beyond the reach of
feliefJ Again : so watchful has the
Gonftitiition of the United States been,
over tKij'liberty of the citiskns, that ia
forbids e*cn our Own Icgillature to sus
pend the privilege of the writ of habeas
corpus, tt'nleis when in cases of rebelling
•cr invalid tr, the public fefety may re
quire it. Or in other words,.the privi
lege <>t an American citizcn to have the
caiife of his detention examined, and
liimluf to be liberated, if it {hall be
grouj.dlcfs, cannot be wrested from him,
except on one of two great emergencies.
It is not eafv, tli«e&>te, to acknowledge
upon principle, that " the commander
*' of a belonging to a lovtreign,
" with whom our country is at peace,"
can aflume in efteft tkis trcwicendant
power of precluding all enquiry. 1
Thefc interefling motives are sap- '
ported by the law of nations'. " The
empire," fays Vattel, " united to the
" domain, establishes the junfiiiaion of
" the nation in its territories, ar the
" country that belongs to it. It is that,
" or its sovereign, who is to exercHe
•'jultiee in aH the places under his »
"dienc>., to take cognizance of the
" ci imes committed, and the diffefenees *
•' that arise in the couutry." B. 2. C.
7. f. 84. Seethe translation in quarto
" but even in the countries where eveiy
" ftraugei; freely cntets, the sovereign ir
" fupputed to allow him access, only
f' upon this tacit condition, that he be
" fubjefl to the laws; I mean the ge
,f ntt;ii laws, made to maintain geod
" order, and yviiich have no relation to
" the title of citizen, or of fubjedt of
" the fiate. The public fafety, the
■ " rights of the nation and of the prince,
! "Meccflarily require this condition ; and
" the stranger tacitly submits to it at
; " soon as Ire enters the country, as he
! " cannot presume on having acceis up-'
"on auy other footing. The empire
[ " has the right of command in the
1 " whole country and the taws are not
j " confined to regulating the conduit of
! "'the citizens among themselves; but
"• they determine, what ought to be nb
" served .by all orders'of people, thro*
" the whole extent of the Hate." B.
p. 8. S. JOi.
"As the right of'fupreme infpe&ioir
in the fovercign extends to all persons,
and all things found in his territory.;,
ftraivgers, as weH as natives are fubjeft
ed to it; tliofe only being excepted,
who enjoy the right of exterritoriality
and who coitfcquelUly cannot be reckon
ed among the temporary fubjecls of the.
ilate." Martens, B. 3. C- 3. S. 64.
Exterritoriality is defined in B'. 7.
C. 5. S. 1817. to be that privilege which
is attached to diplomatic characters, and
by which they arc confideted as if they
were out of the territory of the govern
ment, within who/e limits they are, and
were in the territory of their own if ate.
Bnt captains and lieutenants of foreign
ftips of war, hot being diplomatic cha
racters, cfinnot claim exemption from
the jurifdi&ion of the country on the
ground of exterritoriality!
When the mefTage was, sent by the
General AfTembly to captain Baynton,
lie was then on (hore ; and as he attend
ed immediately with his* lieutenant, r£
may be conclnded, that the lieutenant
was also onfiioreat the fame time. Thus
of their own free will had they placed
themselves within the juiifdiftion oT the
ilate of Rhode-liland, and become a
menable to procels civil or criminal.
It being always well to a\oid unne
cessary contefls, it will not be now can
vafled, what precile degree iff civil au
thority m y be excrcifed by one nation,
over the captain and lieutenant, being
on board a snip of war of another ; what
examples of this kind have arisen in
America before the revolution, what is
' the law of other nations with refpeft to
| foreign ships of war, having their tub
i jcits detained on board by force ;—or
j Xvitat is the true ditfin£tion between a
. j power of recovering from captivity by
J adequate means, a citizen imprcjjtd on
i board of a ship of war, and another
I power, which I believe, has not been
J yet doubted by yotirfelf, of -coifr-lting a
■ i iliip of war to deliver up a prize, taken
f i \Vithin the protection of a neutral const ?
■ j In the_ cafe- before us the captain and
1 I lieutenant were oil land, and quitted
: ] any ever, aiifing from the nicte being
!■" 011 board of thV ship. If therefore il"
coald be conceded, that a vefiel of war