i * 1c I. fe, rmtft be ttie more. difiuteveftedy and ,as nig itu pi'ojj.tity to wicy have more lei iuie to run about ltree;a tfi other people's property. • ; R.«fj!ved, that our good bretWte»» the Gitiectii of t'le Suburb St. Anioiiie in Paris, wh li they alTcmi l> d, furrouh.Jfd the Convention, and (hot a member by fide of the Prfehdentj rather too far, Cflen for ; aitd th#t thty {la.i-.l a iy injure o(i+ mij blow Up a;f ( tijeir fJurats as well as outs. By order of the, Meeting, . FACTION, Chairman, CATO--Nn. 111, HAVING touched upon the demand which tinder the treaty, we are entitled to make for th- of pro perty carried oil, I have since examined official docu ments, to wit, the letter of the commander in chief, and the repriH of our 'cbmmiifioners, from which it may be fairly estimated, at about one iniliion.of dollars. As this was the firft infraction of the treaty, and made without the ilighteft pretence, there can be no doubt of the justice of our demand, as well for interest as prin cipal, wh ch would raise the aggregate amount to about one million fovea hundred thouland pounds. Is it not very extraordinary that Mr. Jay {hould negleift an cb jeet of so much moment, while he was so sedulous in loading the United Stats with the private debts of Bci tifti merchants; If (which there is the best founded to deny) there is real'y any thing due on that score, furcly no better fund can be conceived for it 3 dif ciiarge than this well authenticated claim upon the Bri tiih government. What fntkes this omifton the more extraordinary is, that the PreCdcnt while commander in chief, Congress in the .year 17, and at various periods since, and Mr. J.fftrfofl \ery la e!y, have uni formly treated this article as verv important, infilled upon its fulfilment, and procured luch authentic docu ments & f ' ts arnbunt, as to leive Britain without the smallest apology for its intxecntion. The next object of Mr. Jay's negociation was to ob tain for the insults our national flag had sus tained. -and redrefe for tiie injuries done our trade in y : o!atwi of the laws of nations. Theft, may be divided into two clafles, I. ACts authorized and ordered by the court of St. James's, i. Afls done by individuals under colour of but ill abttfe of tliofe orders. The firft class must neceflarily govern the of their maritime courts, which, though profefling tob'J ruled by the laws of nations, always take the direction of the sovereign Skill's sri ?iifie"o! Pr /ound peace all Trench veflils,and thereby outraged every principle of natural law, the Britiih Courts of Admiralty found no difficulty in con d mmng them. When, in the fame war, to prevent the Dutch from availing themt'elres of their neutrality, to acquire the carrying trade, he made pri2e of every (hip loaded with French produce. The CeOrtS of Ad miralty condemned them without hefitatiori, and justi fied their cocduft by the orders they hid received. In deed it would be a felecifm to fay, thst the king' can frame inffru&icns, and give orders for making prizes, and that his courts have power to overrale those orders, and puriilh the fubje.fl that obeys them. Since it must often happen, that the inttreft of the state may jufli'fy a breach of the code of nations, without its being nro • per to communicate to the ordinary courts the principles upon which this jollification is formed. Accordingly, we find it the constant prailiee when a new ediiJl is f fiied, to fend it to maritime courts as the rule for their cotidu r t in determining of prize or no priie. And the courts of appeal in prize cases consist of commif ftotjers of appeal, of whom a majority must hr privy counft!ior= (z% Geo. 11. chap. 3.) the reifon for which is, that their decisions as judges may conform to the inftrnilions tl cy give as privy roiinfellpfs. The second dafs of injuries anyne_f by ir.- are always corredled (not however without a great ex penfe and delay) by the inferior courts of Vice-Admiral ty in the f-rft or by appeal if their decisions are erryneous. This difliniriion will be important in dil'culling the 7th article of the treaty. 1 Let us now ex amine the causes of complaint on the fubjeil of the de tention or capture of velfils and cargoes as arising under both these. i (I. Orders -were iflued for detaining ourvclTels going tr. France loaded with provisions even before the war broke out, and we were compelled to part with our property at such prices as the Br.tifh market afforded, ih»ugh a better one was open to tis in France. ad. They iiuied orders to take all our vefitls going to France uith proviftons, and fiiortly after, in the'moft pir3diou» manner without any notice, without even piijjlifhing their intention in England, lea ft we should lcafn : t from (hence, inftrrfJitd their armed ships in the Well-Indies to make prizes of neutral veff:ls failini;, either to or frorft the Fraorh iffands. 1 hefe fe+eral cruel and unprovoked attacks upon our commerce, can not be palliated by any law of nations howererobfolete, and were attended with the following serious evils to this country, for which we are entitled to a national eompenfation. i. It didfoTfored <rjr tfhich is z serious evil to us as a commercial nation, since it is the firrrniefs we mani fefc in maintaining the refpe<£Y due to that, which must snake the basis of our carrying trade, for who will trust their merchandize to ships witch maybe violated with impunity ?—Who employ vdTt's from which his pro perty may be ravaged, vhthout the most distant hope, tiiat tlier'fctcreign nisder whose protection he has placed it, will vin.Hcare hjs rights ? J. The loss of that property the Country would Jiave acquired, had nrit many been deterred by these measures from entering into this branch of commerce. —As this cannot be ft-ited a? th'e loss of an individual, it must be conGdt red as a general fofs by which the whole community is afiefted', rind for which therefore the whole community wete es itlcd to a rec»inpence in damages- 3. The actual loss of property, fir ft by the detention and limitation of the price of the articles taken, and 'he still greater loss by condemnation of lh : -ps >»J cargoes, for which nothing was paid. 4. The individual loss of ieamen who were discharg ed from their (hips, compelled I y force, reduced by abfohite want to enter into the Bi itlfh fervire in the V'eft-Indies, where great numbers of them .' : ed of the diseases of the climate, and the ill-usage of their oppres sors. I have already observed that the treaty makes no kind of profifiofi for these worthy ami unhappycitizens, or for the families of those that have periilied ; dif- and tmfeeling om'flion 1 Besides this loss for which the individual was entitled to a compensation, the nation might demr.nd exemplary damages for the indignities and a<slual loss of strength in the death or removal of many Valuable citizens, the loss of many yefTeh, at a t'rrre, When by their employment so great a profit would have resulted to the community. Tie above enumerated evils were the efTe<sl of the express ai>, arid emanated from the fprcial authority of the Britlfli government.- }n ackiirion to this, we fuiTer ed lefts under the unattlboriitd it els of individuals, who, in some infiances, plundered and yrweured the condemnation of veflels that were not liable to capture by the special inftriuSlions to which I have'allude 1. But the number oftl efe were comparatively small, and for these courts of adjudication were always open ; and yet, bj.a inoit extraordinary fatality, Mr. Jay overlooks all Uiefj flagrant injuries committed by the Bi itifti king against the United States as a nation, and for which they are without remedy, but by a national eompenfa tion, and neither alki nor procures any redrtfs. The nature of Mr. jay's application is explained in his courtly note to Lord Grenvdle. This contains no complaint of ar.y of the ii:ftru£lions I have alluded to, or any other, expressive of the injury that one nation h id done other, but merely in the cafe cf indi ■vidua!s. His words are, that great and exceftive in juries have, under colour »f his majejiy's coramjton and ''a'qth»Vity, been done to a numerous class of American mercliant 1 !, ( not to the American nation) the United States can, for reparation, have recourse " only to the jtlflioe,' authority, and int«rpolition of his majesty," Th'Oiigh- the whole of this note, he speaks of nothing farther tha i indivic' .'.I cempenfation for individual in jurv, leaving the two nations entirely ont of fight as melons ; and indeed if he had intended any thing more, ii'lie had had th»luftru£Uons I have mentioned,in view, it hava been impoffihle for him to have made use of so many panegyrics on the jujlice and humanity of his Britannic maieily. In fpeiking of our seamen (which he doth wiih luch pathos ai to lead us to hope for some fp rited demand in their favour) he contents himfelf with only requeifing, that they may be liberat ed, and unmolested in future, without a word of com pensation for the past. —The reply of Lord Grenville is in the fame stile—Not a word ot the inftru<sl!ons, not i word of apology to the American nation, not a word of comper.fation, except for the irregularities commit ted by individuals, &c. The Britiih nation is supposed, in ali'thefe proceedings, to be immaculate. Now let us examine the article, and fee how completely Mr. Jay forgot that he was envoy for a great nation, and lunk into the suppliant folicitorof some merchants, whose cause he has managed so ill, as to leave them in a much worse state thrn he found them, since he took from them the protection of their own government, to leave them the chicanery of, ccfurts in which the very inftruc tior.s that occasioned their losses mud be admitted as laws fufficiently valid to juftify them. The Vllth article exactly pursues the principles eftabliftied in the note, to wit, that the United States are entitled to no •-ecampence ; that the governnem of Great-Britain has done us no injury, and that "di vers merchants and others" only have to romplaU of the irregularity of feme captures and condemnatirm, which it supposes the courts of admiralty are, for he most part, competent to decide upon. But that i; it (hould happen, that there are any lofles for wheh adequate compensation can'ot be obtained, provided that the party claiming has been guilty of no neglett cump li/uuon m&if he afcertaine'i Jjy commifiioners, and his Britannic maieftv engage? to pay them. As this article fays nothing about opening the courts, it must have been understood by both par ties, that they were necelFarily open independent of the treaty, so that all the advantage, if any, that may result from appeal*, were rights that individuals in every civilized nation may claim, and which many had exerciftd before Mr. Jay's million. In this rcf pedl, then, nothing was efTeifled by his negociation, unless it was, that the time for bringing appeals is said to have been enlarged; but of this, the treaty fays nothing; this too, must therefore, depend upon the will of the. of Great-Britain, or on the rules his court chufe to establish. All that Mr. Jay kasth.n done in this important business that involved the ho nour of his country, the great °f its commtie, the rights and liberties of its citizens, and the pr, pert'y of individuals, many of whom have been ruined by the loss of their capital, is to obtain <? promise of com pensation in futfh cases as are so Angularly circumftan cedas not tobe withinthe reach of legal redress. When We come to view this article {tripped of its unneceflary verbage, it will appear to mock with delusive hopes, the men that it affi.&s to relieve. Let us p—what is to be the business of the CoOtmifij/w'ers, and of ton-- nature and kind the causes that are to come be ore Thijjf are not to relieve against rapture* under the order of April, November or January, ift. Because neither of these are complained of and the preamble of the, article, expressly relate# to the injuries " divers merchants and others"— —complain of having fuf tsiued by irregular captures or conuemnatipns of their vessels and other property under colour of authority and commission, tjfe. Now it would" be absurd to luppofe, that this can have any reference to what is done by the rxprefs order of the sovereign, or to any a<ft but such as is an abuse of that order and authority j but these abuses make but a small part of our cause of complaint (which goes to tkeotder itfelf) and are be itdes necelTarily rulievable in a court of appeals with out the intervention of a minister extraordinary ; and were so before the treaty. The great cause of com plaint, the inJlrußiotis which are the laws of the court of admiralty not beirg complained of, all condemna tions fairly made under them, mufl be confirmed by the treaty. What then are the cemmiflioners to do ? i hey are not to rev.fe the derisions of the courtj; they are not to interfere where the injured party has neglected to appeal. The decrees of the courts are to be absolute with re!pea to them, nor can they as far as their powers may be coileifled from the treaty", bind the crown of Great-Britain in any cafe whatever, in which the party claiming the benefit of their decifi -011 does not firft fhe-'that he has commenced and car ried through his ftiit in the British court of appeals, that their decree was in his favour (for without doubt their judgment is meant to be concltifive, or else the ecmmi!Tioners would only be a second court of ap peals, which would be a solecism not even hinted at in the Ireaty or preceding negociations) that the cap tor is insolvent ; that his securities have been prosecu ted to judgment, and that they are also insolvent, in this cafe ; and this appears to me the only pofiible caie the comlitiffioftcrs may bind the crown to pay what has been recovered in his courts. Now I would aft any man who reflects a nwnent on the delays of the British courts, and on the maze of law, which imift be had before a Cnple cause ran be brought before the commiflioners, whether the whole article is not a mockery of justice, whether any cause Can be ready for this tribunal in two years, though by the limitation exprefied, the claims must be entered within eighteen months, and whether it Would notte much cheaper for the United States to pay the few perl'ons that may poflibly Be relieved by fh:s mode, the amount of their lofles, than load themselves with the expence of so useless a commiflion ? CATO From the COLUMBIAN MIRROR, Printed at VIRGINIA. IN all free governments the peoplehave certain i a to be informed of the proceedings which int ere (I their welfare—but that they fliould receive this information ffom the proper fountain, is i trath not to be In all governments founded on the principle of civil liberty, there are ereiied cer tain departments with parti'cular powers, and all thtfe powers combined together, conftittite that body which has the power of framing jbe ] aws that govern the community. Whether it was ever intended by the people of any country where such a form of government as above alluded to exiAs, that ihe people at larjje (hould have a voice in the formation of those laws which their conftitntion gives to particular departments, it a quefticm that _ does not admit of much dimbt. The government of America gives to particular bodies certain pow ers, and among tliem it allows ot the Different de partments concealing from the public at large focli tranfaftions as they lhall conceive neceffarjr—if this is doubted, turn to th« constitution, In conform ity to this power the Senate, when lately convened, thought proper to conceal from the public eye the late treaty with England until it (hould be ratified, when, as it wonld become the law of the land, it (houltl be made public. From this view of the fub je£t can the conduct of Senator Mason be juftified in publilhing the treaty, contrary to the injunction of ; tlie majority of the Senate, whieh aft is autho rised by the government the plople have chosen for themfelvrs. Does this not seem afTumiug in Mr. Mason ? Has he not here violated the leading fea ture of a republican government, that the majority (hall govern ? But this great, this all-wife Senator, this meteor of patriotism, fays, " the majority (hall not govern, for ahho the majority of the Senate have enjoined secrecy concerning the treaty, i know that it vvi 1 be better for it to' be published, there fore 1 will have it published before it i 3 ratified or lejefted."—Let us here paufs and ask what will bfcome of that country where the feeble voice of ore man, whose ambition afrer power ex#els that of an sJlexandir, rtiall be permitted to over balance the opinion of a majority—of a majority acting accoid ing to powers given them by the people. Beware i then, my countrymen, 1:11 you repsnt when too late. Let nut this daring, this dishonourable aft, be received as a mark of this man's patriotism— • but attribute it, and as a Virginian I lament that I am compelled to attribute ft, to motives unworthy of a republican. Already has the trumpet of fame proclaimed him the hon ;ft Senator—Oh ! America, but one man whom thou cantl call an honed man— I lament thy deflitute (late, but if such conduct as this Senator has been guilty of is to designate the man of honor, happy for my country that (he pof feflcs but this one homj? Senator. I exult that only one ch*ra£ter of this (tamp holds a feat in on* of the principal branches of our government. Here indeed was presented to this great man—great let me sail him, for he lias done an aft worthy to be I written in letters of gold—an apportunity of mak inja display of his patriotism, and which is already foui.led from east to weft and from north to south by hkheralds, who go on in front to proclaim his noble O'eds, by which he is in hopes of turning the tide of popularity in his favor. Yes, popularity is dearer to him than the inviolability of his honor, and of the hws and government of his country he pretends to h>ve so ardently. However bad the treaty might have been, this man has acted that part which ought to stigmatize him as a man who will facrifice his honor to the hopes of obtaining popularity, and who will disregard the laws of his country, in order to impofc himfclfon the world as a patriot I am Aire his late condu£t refpefting tlie insur gents ought to preclude him from assuming the ap pellation of a patriot; for when the militia were called upon to hold themfclves in readiness toNnarch against the insurgents, and when many, anxious to support the laws of their country, unmindful of the toils of a camp, and resrardlefs of the inclemency of • 1,., annroic' 1 ' •■ r r ~i' * uiu ililS mighty man ? He informed them that they belonged to the firft requisition, which w.-.s the 8000, and vverc not to go out against the insurgents : after he tolj them this, docs he go on to endeavor to make up the quota that was due from his brigade ? no, he does not. Does he exhort them to oppose the infrs&orsof the laws? No, but tells them that the excise law is an odious one ; and in what chara&er does he all this ? Does he do it as a private man ? No, he does it when he is at the head of a brigade in the character of a soldier—in that character which is emblematic of patriotism— yet this man is called a patriot. If he ha! been the author of one benefi cial aft, even of the leafl degree for the honor of the State that calls him her citizen, let those who know it make it public; for as far as 1 have been capable of searching into the political hillory of Virginia, I do not discover him to have been in. (humental in promoting any eft which would add to the profpenty of his country, but on the con trary have found him in the opposition. The publication of the treaty is a gross violation oftbeconftitution as can be » inasmuch it gives to both houses the power of keeping such proceedings secret that they (hall think proper. Having viola ted the Constitution, he has violated his oath ; for before he took his feat in the Senate, I presume he took an oath to support the constitution. How th«n can he be said to have complied with that oath, when he in the broad face of day he published a pro ceeding which the Senate delired should be kept se cret ? By what magic then can that man be turned into a patriot, who wdl violate a government that hat been productive of so much good to the country it has hitherto ruled ? But if such men as Mr. Ma fan are held up as patriots, it will foo'i cease to rule. Well knowing this would be an ad pleafingto the set of men who despise order and peace, and call themselves democrats—but whom I call ty rants, and whose a&ions are of the molt tyrannical kind, and which, unhappily for this country are too numerous, he has dared to disregard those laws and that government, he was sent in protest and cherish—-Let me alk the gentleman, if the people can ratify a treaty by any other method than that pointed out by their government ; the peoulehave been proceeding in this method, which is by their representatives in Senate, and their executive in conjui.aitm. What use then could have refuhed from the publicattion—they cannot fay to the Se nate; you (hall not ratify this treaty, for until they alter then-government the Senate and the Executive have a right ro ratify any treaty they (hall think proper—Why then I a fl<, has this publication been made ? To ensure the private ends of the person wlvo had it published. This man has uniformly opposed the government and iis measures, and this late aft seems to be one more mark of that violence that has ever accompanied him, rnd since he has been raised into office, has become more outrageous than ever.—View him well Americans, and probably you may find in him afecond Cromwell—Cromwell acted the part of a patriot until he had gotten the people under his cotttrwil, when he immediately became the ui'tlrper. I hope when 'He iwntf offers, the people of th;s Itate will exprcts m a pro. per mantlet, their difippcobt tion ot & thereby make this hi* laA after popularity The Editor of the Aurora, has sent perlons to dif ferent parts of the Union to make sale of copies of this treaty, before, the news-papers in the ftatea could be filled with it, whereby he will accumulate a considerable sum of money. This Editor and Sc nator Mason, it feetns arevery intimate, but one conclusion can be drawn from such intimacy. The publication certainly carries with it great piefumption, that this man should undertake to do a thing *hich no other Senator would, becanfe they conceived it improper; for there are even otiiei* who did ked and who voted againlt the treaty, but who, notwithstanding, refpe&ed the contiitut'ion too much, and who, regarded their honor eqnnify as much, and therefore conceived themlelves not at liberty to a<3 contrary thereto. A FEDERALIST. /llixanJria, July 24, 179 J- LATEST FOREIGN ADVICES. By an Arrival at Bojlon• LONDON, June 8. It wns rumoured on Ftiilay, tha' *he garrrfo* of Luxembourg had made a fucceflful folly, in which the French had iuffeied a coniiderable lols, both in men and cannon. This report is now eon firmed by a mcflenger arrived at Frankfort wiK letters and dispatches of the 25th nit. which it,en lion the circumflance in very positive terms. The sortie is foid, br theft- difpafches, to have taken place on the 10th ult. and it was of so important a kind »8 to lead to a probability of the trench 1 ail ing the liege Trai quiiity is pei feclly re-eft a'ilifhed "it Fan-, ill the leaders of the iniurgents have been tvieti, condemned and executed, without any atttrmpt having been made to reftue tbem f om piinithmeirf. With rcfpeft to the Medittcßsneaii Fleet, ihe Deputy Niow, who is on board of the fleet, li.-« sent a difpateh to Marfeiiles, fta'.inj;, thai the fleet i i in the outer harbour, and out of reach ot the in- furgents. On Saturday arrived four mails from Hamburgh ; which contain a variety of intelligence. The moil material news is the tecond Declaiation of his Imperial Majetly's Minitters at the Diet i f Ratil bon, declaring that the Emperor in consequence of the solicitation of the Stares of Germany, was rea dy to enter into a Negociation of Pcace between the Empire and the French Republic. He exhorts the States to remain united, according to the Con stitution of the Geimanic Empire, and to continue their preparations for war, as the only means of ob taining honorable and advantageous terms. The Eleftorsof Cologne, Mentz, Treves, and Saxe ; the Duke of Wirtemberg, and the Biftop of YVirtzberg have accordingly declared, that they will entering noleparate treaty with trance, bttl through the medium of the Emperor. NATIONAL CONVENTION. A detachment frem the ercna lievs of the army ~f rut o„„.Meuie, dettined to form the guard ot the National Convention, were admitted to the bar. They declared their entire devotion to the national representation, and exprefieil tWir sense of the honour done them by bei»j called to filch a port. The president gave the fraternal em. brace to the orator of the detachment, as reprei fentative of the army of the Sambre and Metric. One bad effect of the late cottvuliion, ha 9 bean that three hundted thousand citizens of Pu is, hate been four whole days without .vorking. Those v.h.i consider the loss fuffcred by a Date when general la bor ceases for any L-ngtli of time, may calculate that of the French empire from the inaction in which we have been for near half a decade. T he fcaft ot Pcntecoll, has also taken another day from work, all Paris have celrbiatcd this holy day ; for the Ihoytg were every where (hut. Philo sophers wil! call it fuptrftition ; but weaufwerthem that such fuptrftition at lealt .s net so -dangerous a» those savage bowlings with which, for almolt fix years, the Jacobins have made the vaults of their dens re-echo. It is better to be a little credulous, and iefpeft the life, honour and property of our fellow men. L< >NDON, June 8. Accounts from Vienna date, that the Austrian troops in Galiicia have been con fide* ably r einforCeri for the puipole of checking tome Pohs, who are exerting to form a new confederation. I he Ottoman Porte iecretly conniving at their pro ceedings. In the House of Peers on Friday, Lord Lauder dale moved an address to his majetty, of considera ble length, Hating the opinion of that house t > be, that the present situation of France should be no obltacle to negociation, &c. &c. The motion was supported by Lord Guilford, & oppoied by Lords Grenville and Mulgrave. On the queltion being called for there appeared for the motion 8, against it 53 —majority 45, On the 26th April the Empr-fs of RnfTia, fear ed 011 the throne, received the act ot inhmfffioti of the duchy of Cuurlaud, and the c-itclc of Piltcn. June 10. 1 he French seem completely to have given up all idea of contesting the m:t!teiy of the ocean w'thus. The system of having several detached fqtiadrwns therefote eonftantly at iea, teems to be the belt that this countvy can adopt, and which we have al ready repeatedly recommended. By the lalt meflenger from Ita'y, we learn that Admiral Hothanvhad been joined by foui Neapo litan (hips of tlve line, which marie his fleet equal to the ]?rench even before any reinforcement could arrive from England. 1 here was a very hot press on the river on Fri day night last, whea feveial hundred able leauiea were procured. Jane 11. 1 nefJay advices wee received from Brest, v !)!,•) icach down to rhurfday tali. Bv these we icn'n T that a fquadr.m of 13 fail >-f French K/e of b nle (hips is at f-a. These are the only lhij>s :n the liencii navy at Brest iit for service. We tin ler .iind that two Lummiliiot.vts arc on U>aiu this flee'..
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