Auguji $.
It has been reseatedly aflrrted, and never denied,
that the violent oppofersof the new Treaty, *re in
vet<frately hoftilo to any Treaty whatever With
Great Britain—this will enable us to aceoiltit for
that stream of virulent abuse of the negotiator,
which has run from Portbiwuth (N. H.) to
Charleston (S. C.)— also for those misrepresenta
tions of the Treaty which have raised such an effer
vefcence tn Hvc minds of many well disposed but
mifinforined ciu/.ei'.s:
A correspondent fav« th t the opponent* to the
Treaty of Amity a>d Commerce between Grcit
feritjiin and the United States of America, have
made l.m-t complaint# agAinst Mr. j#y '(whole x.:al
for the intereil of his country cannot reafonnhly be
O'.ieflioned) on account of an. article in the Treaty
AV |,icit giWs a right to aliens to hold lands in the
tLiited^States, 'if we vviil take the tiouble to ex
sMmeiqTTJsws est r<tinTyi»<ima, vrc man ti.iu that
the lcgiflatui e of this Plate framed a law of tkir own
accord, similar to this article in the Treaty, which
has been faftioufly attacked, for the purpose of ad
vancing the itjterefts of Pennfyltania.
It does n*t fait the plan of diforganizers to fuf
fer the people to reflect coolly, to reason and decide
deliberately -, but, as nothing;violent can be
(he gust fuddcnly raised, will obfeure the rays of
truth and judgment but for a IKort leafwn only, the
fun of vvifdom will emerge fuvm the clouds, and a
more fereme and splendid daj* will succeed, than if
th* hcmifphcre had net been eve'reaft.
It it affeftetl in the Aurora of this morning, in £oli
tive rernis, that " The Prtftdciit has net put his Signa
ture ta the 'Treaty t"
The Aurora jays "the merits of the Treaty appear
Jo !>e deferred by its advocates" —Why will not the
Editor of that p;:per, permit hi» readers to judge for
themfelvts from the writings of tKofe who defend the
Treaty ? The friends of the Treaty, are the friends
of trtith, of the Government; they wilt! for nothing
more than that the people fhotrld fee, read and judge
for thertrleives. The merit! of the Treaty are not aban
doned—The twenty Senators who advised the Prcft
fjent to ratify it, I' i worthy of the pub lie confidence ;
they enjoy that confidence—their merits -s legislators,
and as private Citizens challenge this confidence—and
if America can hoaft of fupirior talents and integrity,
they are yet to be exhibited.
These men we know, they deliberated before they
decided; bu: who knows their (lariderers ? and where
were they, when these Senators itood in the gap of
dinger ?
In modern phrase a Patriot is not one that loves
the Governmeat of his own country in preference to
that of every other, because it is a free government,
a government of the people's chafing—But a. Patriot
is a Democrat —one that serves his country gratis,
having nothing else to do, nothing to lo'fe, but every
thing to gain—he cries up th: majesty "of. the people,
while Ue constantly reviles the majority who do not
support bts perfonat and irtdjvid.ua! majesty.
Who are Men of those who fought in that
year? by rio means—-The heroes of that day are the
lirts of enw and (lander. —Our '75 gentry are prin
cipally children of.that year, or new Citizens —who
neVer refqued an hair of their heads in the caule of
American Independence. These are the '75 people of
the diforganizcrs.
Married on Thursday .last, bv the Rev. Do&or
Helmiith, Mr. tUiuy William Mulvknb-rg, son of
Frederick 4- Muhlenberg, Esq. to Miss Maria Sheaff,
daughter of William Sheaff, Merchant.
Married last Thursday evening, by the Right
Rev. B'fhop White—Mr. Thomas M. Willing, of
this-C.ty, nierchant, to Miss Jane Nixon, daughter
of John Nixon, Pfq- . ... . .
D'Vd, yelierdkV* morning, of a lingering and
painful ill icfs, which he bore with' uncommon r'e
fignation« Mr. William Reese, in the 22d year
of his age. To a numerous train of relatives, who
have-to regret his loss, may be added that of an ex
tensive actjiltiintr.nctf... His disposition was of the
nofl' amiabie kind ; equally fufeeptihlc of the gene
rou? effufio'ns of friendship and generosity ; where
ever 'at formed ai acquaintance, he procured a
friend. fiut such is the general lot of humanity,
that the poflVffion of the moil endearing qualities,
cannot save from a translation " to that Country
from whole Bourne no Traveller returns."
• •From the (New-York) Miner-OA.
' VINDICATION TREATY , .
Or Amity; Commerce, and Navigation,
with Great-Britain
As. IX.
Art. XVIII.
Th'V is one of the articles in thr treaty tohich
gives great offence. The obje&ions to it are—
" Th«t it enumerates among contraband goods,
timber for rfiip building, tar and rozin, copper in
flieetS, fails, hemp &. cordage, and generally what
ever may serve dircttly to the equipment of vessels,
unwrought irbn and fir planki only excepted ; and
that it admits prOVlfions, in certain cases to be con
traband," contrary to "nil our other treaties, and
even contrary to the treaty of 17&6, between Gieat-
Britain and France*
J frankly acknowledge that no part of the trea
ty is more vulnerable thin this ;—no pait can fur
nidi more ftibilantial groundsof complaint.
This article proceeds from a ilridt adherence on
the pari of GrMt-Bn'tain, to e»ery part of tKe law
of ration*,, which favfcrs htr ftiperiority as a great
maritime power; and its dtfenfe rests on the inabi
lity of our envoy to procure i relaxation of those
law*.
The.time for negoclatiiig this artiste was ur>fa-
Ureat-Britain, always anxious to prefcrvc her na
tation, is now engaged in a moll inveterate war
vith France, a war on which her very exigence
kpenJs, and at this time, will not yield one clause
of the law of nations, to abridge her own power
of crippling the naval force of her enemy. This is
a fixed point, and oui envoy could only admit the
article in that form.
There were but two alterations ; both of which
would result in th<j fime consequences to our trade.—
is idea is an important one; If the article had
bee* reje&td by «ur minlderj Greit-Britain hat,
and a&aally txerctfts, the right by the general laws
of nation*, to consider .all those articles contraband
and to declare them such, when fce judge* that by
these mcani.fhe can reduce her ehcrky. If the sir
title wa* received, it could-give no,greater latitude
to Great-Britain than (he enjoyed before. Which
ever alternative our envoy might choose, our trade
niuft be fubjeft to the exercise of the fame right and
to the fame embarrassments.
If the right of treating all the articles mentioned
as contraband, results from the law of nations, and
if Great-Britain will not abandon that right, is it
not better, in a treaty of a temporary nature, to
accfde tri the right, and enumerate the articles
which are liable to seizure and confifcation, that
our merchants may know the law, and avoid lodes,
tHan to fdffer that right to' Aarid on the law of na
tions, which is less known, and which might ex
pose our citizens to'heavy lolfes ?
Every liberal man mull wi(h to fee the si -fd of
in war uarr«wcU ait much as pofUble :
but if we cannot circnmfcriWe that field, is it- not
of great importance to our citizens, to mark <fut
the ground with diftinft lints, that every man may
dillinguifh it and fliun the danger ?
Every rational pcrfon will fay, it is ; and this is
the effect of this article of the treaty.
1 know it has been contended that timber and
trdvifions are not, by the law of nations contta
and. Cut Vattel, a modern French writer of the
highed authority, includes them among contraband
g®od*. His words h: e, " Commodities particular
»iled in war,- and the importation of which to an
my is prohibited, are called contraband goods.
Such ate arms, military and naval stores, timber,
horses, and even provisions, in certain jun&urcs,
when there are hopes of reducing the enemy by
famine." Book 3,- ch. 7, Sc£t. 112.
The words naval ftort* includes cordage, hemp,
tar, roy.in, and fvcry thiug that serves for the 9-
quipment of (hip* of war. In the treaty of 1786,
Great.Britain and France had excepted naval stores
and provisions from the lift of contraband article*.
That treaty is annulled by the present war ; and
in a numeroit* collect ion of treaties now before me,
I find no indance of an enumeration of naval ftjref,
as excepted from contraband, by Great-Britain-
But naval stores are generally left bv that nation, as
contraband by the general law.of nation*. The right
to conlider them so, can be abridged only by trea
ty ; and Great-Bri.ain, at tlii* momens will consent
to no fucb abridgement.
Some people fay, it is better, to let this point
•eft on the law of nations, than to admit it in a
treaty. This is merely a matter of expedience ;
but if the fafety of the merchants property is con-
ulted, it is unqiieftionably better to have the con
iraband articles enumerated.
The (lipulation* in the 2d and 3d clause, of the
18th article, arc in favor of neutral vefl" Is. The
agreement that when provisions are regarded as
contraband they (hall be paid for to their full value,
with a mercantile profit, freight and demurrage is
a rule of direction to the captors, that may prove
favorable to a neutral trade, fubjefl to be embar
rafied by powers at war. And the provision of the
lali clause, that neutral veffcl* entering a blockad
ed port, not knowing it to be blockaded, shall not
be seized and confifcated for the firll attempt, is
equally falucary and favorable.
Art. XIX,
This article provides against the ill usage which
the fubjedt* of neutral powers are liable to receive
from the commanders of (hips of war and privateers.
This article is common in treaties—it is in nearly
the fame words, as in all our other treaties with
foreign nations.
But it will be of muth more use between Great
Britain and America, as it will operate as a prohi
bition against impressing American seamen on board
of Englifll ships. It has been objected to the tiea
ty, that no provision of this land is included in it.
But the 19th article is a direst prohibition of this
praftitej
On account of a sameness of language, ft is de
sirable that some effedhial mode might be devised
to diftinguilh American from Britilh seamen. It
might be of -importance that American seamen
should be provided with certificates of their titizen
fllip, under thp seal of some public officer. This
doubtless dtferves the attention of our executive,
perhaps of Congress, as not only British comman
ders, but French also, have mistaken American sea
men for British, and our citizens are thus exposed
to injuftiee from both parties.
It has been objected that the bonds required of
the comma'nders of privateers to indemnify petf»ns
injured, are not larjje enough—the l'tims being li
mited to 15001. fterlinjr for ftr.all privateers, and
30001. ftcrling, in cafe the privateer carries more
than fifteen hundred men. It is fufficjent to fay,
in answer to this, 1 hat few cases can occur, where
damages to a greater amount will be incurred : and
where the bonds do not secure the damages, a com
plaint to government willinfure any further claims
founded in jullice.
It may be observed, that this elaufe of the articlc
is copied nearly from a similar one in the treaty of
1786, between Great-Britain and France. The
sums limited by that treaty are the fame ; and
will probably be found equal to all necefTary pur
poses.
The lift clattfe obliges judges of admiralty, in
cafe any fcntence of condemnation has been pro
nounced agaiuft refTels or goods, to deliver on de
mand authentic copies of the proceedings to the
mailer, lie paying (he legal fees. A stipulation of
tliis kind was necefiary j as instances of delay and
refufal of such copies have been experienced by our
citizens during the present war.
The 20th article is iifual in all treaties. It makes
provjfion for guarding property from, pirates or re*
storing it to its proper owners—*a provision of mu
tual benefit, to the contrasting parties, and liable
to no objeAiom
A T o. X.
Art. XXI.
This article prohibits the fubjefts of tile contrast
ing parties, to commit a<3s of hostility sgainit each
other—to acccpt commifßonsfrom a foreign prince
or state, enemies to tVe.otW pSrty— iof eniift tlienai
into military service &C. and declares that the lairt
again ft such offrnce<:AlaH be pun&tially executed.
The law »f the United Statei, pasTed in June 1794!
enadt the penalty of a fire, not exceeding 2000
dollar*, and imprisonment for the foregoing ofFen
ces.
The fame article of the treaty makes it piracy to
accept a foreign commifion or letter of Marque, for
arming any privateer to aft against the other party.
Thi» is prohibited also 1 » the fame laflr of the Uni
ted States, under a penalty of impriioriment, at the
discretion ot the court, and a not exceeding
5000 dollars.
Wfiiii-fhe Ireity firft appeared, this article exci
ted much acrimony. It was confidercd as pointed
at the military manoeuvre! of a late French minister,
who had attempted to excite Americans to war a
gainll the Spanilh settlements, and to privateering
agajnft Great Britain. It was supposed to rellrain
Hitkiight of expatriation ; a do&rine firft propagated
by the fame Frenchman, to evade the law of nations
and n do&rine which never would have entered the
head of our citizens, had it not been taught by that
artful sophist. In giving their decided opinion a
gainlt this article of tlie treaty, many rash men found
themselves in a dilemma, when they were informed
that the article was in our treaty with France.
So eager were people of a certain fa&ion to con
demn the whole treaty, that they would not give
themselves time to be informed whether it was right
or wrong. But when they came to be told that
they were retrained from taking foreign commiflions
to aft against a power at peace with the United
States, by the ackaowledged laws of nations, by
an express flatute of the United States, and by an
article in all our other treaties, they began to blush
for their hade in giving opinions on what thty did
not understand. No articlein the treaty is more re(jui
(ite for the pesce of our narion, antJ none mote con
formable to the principles of justice between govern-
ments.
Vattclfays, a " nation ought not to fuffer the
citizens to do an an injury to the fubjedts of another
(tate, much less to offend the State itlelf. If you
let loose the reins of your fubjeft* againfl foreign
nations, these will behave in the fame manner to
you ; and initcad of that friendly intercoarfe which
nature has eftabliftied between all men, we should
fee nothing but one nation robbing another." B.
2. ch. 6.
" 1 account associates of an enemy, those who
assist him in his war without being obli-red to it by
treaty." B. 3. ch. 6.
A nation is not accountable for every aft of an
individual citizen ; but if a state or nation openly
permits the citizens to take patt with "the enemies
of a third nation, that third nation hat a right to
ronlider that third state as making a common cause
with its enemies, and to declare war againlt it of
course. The peace of neutral nations depends on
the prohibitions ef this article of the treaty.
It has b«en objected to this article that it is un
conllitutional. as it creates the crime of piracy, when
the power of defining piracy is veiled in Congtefs.
But the aft of Cnrigrels before mentioned, admits
the right of the President and Senate to defir.t pi
racy in treaties ; as the 9th fedion enacts " that
noting in the ait shall be conttrued to prevent the
pmifecHitton or punishment of treason or a piracy de
\ fined by a treaty, or other hw of the United States."
Nothing marks the partiality of a certain faction
more dittinftly than their objedtions to this article.
We have had a similar article in our treaty with
France more than 17 yeaTsy and in our treaties with
Sweden, Pruifia, and the States General, more
than ten years, and not a fyflable of ohje&ion was
lifpedagainft the principle. People did not gene
rally know that such an article exilted. But the
moment our government treats Great Britain with
the fame measure of juftiee, as we had before ob
served towards other nations, our Jacobins begin to
clamor.
It is this popular partiality for France ; this dis
position to favour every thing French* at the ex
penfof every principle of jultiee and equity,
occalions all the difficulty our executive has encoun
tered in preserving our peace* and in aea»mmodat.
ing our differences with Great-BritaiY Nay more ;
this partiality displayed on all occalions, and to a
degree highly improper for a neutral nation, has
been a principal cause of the abusive treatment our
seamen have received from Britilh privateers.
It is agreed on all hands, that our interelt as a
nation is fuper-eminently concerned in preserving
peace. But how can peace be fccured, unless we
treat the powers at war with impartiality and jus
tice I Vattel obftrves, "A l eutral nation delirous
fafely t-o enjoy the convecriencies of that state, is
in all things, to /hew an exadt impartiality between
the parties at war ; for Ihould one nation favor ano
ther to its detriment, that ration cannot complain
if the other treats it as aa adherent and confederate
of his enemy."
Our people have indeed a fine apology for (hew
ing a preference to France ; that of favoring liber
ty and republicanism So far as the French fight
for national independence, against the combined
poweis, they are engaged in a just and neceflary
war, and the wishes of all Americans must be with
them. But people who think Francc has a repub
lican government, or any other free government,
are egregioufly mistaken. Nor is there as great a
profped of her establishing a republic, as ther* is
that (he is dobmed to despotism, or to be fpltt into
a multitude of small factious democracies, perpetu
ally at war with each other.
People are therefore, in every view, urruftifiable
in aiding any of ihe powers at war in a manner not
warranted by the laws of neutrality. As we value
our own government and the prosperity of the coun
try, we are to avoid every ad which can commit out
public peace. It in ra/hnefs and madness to com
bine *urintereft with any European power in such a
manner, as to be drawn into their political conten
tion*. The pretence of aiding the cauje of liberty is
a mere artifice to catch aur padions. If the na
tions of Europe cannot drfend their liberties, we
cannot be anfw«rable for their ill fuccefj. We aid
tb'eni fce# ky our peace and our induflry..-
, The 2 2d article ofthe treaty stipulates that in cafe
iitjurmw damage on of lide or the other, nei
ther part jf Will authotizit lyprifalj, until a liatcmcut
of the fame, -irefified b>' proof, Hi all be prefentejJ
to the other, and fatiifadtion demanded. Ihisfti
pulatio'n is an exa& conformity with the law of na
tions; and U fuppoited by principles of policy and
juliice.
The provisions in the 23d article arc well r.dapted
to advance the intentions ot the contrasting' parties*
and are reciprocally beneficial. I lie pt million of
American reflels to enter prohibited ports in c«f<
of diltrefs, is a conceflion ciJiifoimaW; to the law*
of hospitality.
The ohjeftion trt the clause which enjoins a re'f
peft to be paid to Officers according to tiieii com
miflions, can be raised only by men who are defti
tnte of the civility, which enjoins that refprct-
The 24th article prohibits foreign piivateers with
commilfions, from a pr*,ice or Hate i* enmity with
cither nation, to arm or lcll prizes in the ports of
the parties.
The 25th article makes it lawfgl for the fliips of
war Biid priratcers of either party 10 enver the port*
of the other, without F>eing liable, to be searched,
seized, or detained, or to pay admitaity tecs.
Thele Imputations are also in our treaty with
Francc ; and no well grounded objeaion has been
made to them. Some fuperficial people have sup.
posed that they clash with our treaty with France,
there is an express declaration th .t thrfe.ftipu
lations shall not be construed to operate contrary to
forme exiUing treaties. And if no fitch caution
had been taken, th* treaty with Great Britain could
not hare operated to Jthe prejudice of France ; for
it is an express law of uations " That 3 fovcreign'
(or llate) already hound by a trenty, cannot makt
others contrary to the firlt. The things about
which he has entered into engagements, are no
longer at his disposal.
if it happens that a poflerior treaty it found, in'
some point, to cwtiadi£l one that it am ienty
the neiu trf/ity is null with rcfptS to thatp nnl—This
relate* to treaties with different poweii." Yattel,
B. 2. Ch. 12. Se£h 165.
So far the fears of people are totally gronndlcfs.
But the following elaufe has excited acrimoniu*
marks. " The two parties agree, that while they
continue in amity, neither of them will in fu'nre
make a treaty that (hall be inconsistent with tf i»
and the preceding article." What can be the ob
jection to this clanfe ? 1 lie laws of nat'or?, snd the
rules of moral judice, forbid a £.<te to make a subse
quent treaty to infringe a prior one. No nation
can do it. The psfTage just quoted from Vattcl is
exprefled to this purpose ; and the claiitc has done
nothing more thin convert a mora} obligation into
a contract, a law of nations into a Courrntional law
between the parties. Stipulations of this kind, like
flatutcs in affirming of common law, add the fane
lion of a positive contrafl to an implied one. No
new obligation is created ; a., agreement of J his f ort
may be considered .-3 lfrengthe*iog the M one.
1 he 26th article proridts, thsr in cafe of ,„r
Mertfhants m*y continue to lefnle in the r«W tI '
dominions, behaving peaceably—and in cafe ,h r fr
conduct shall render them fulled, the te
twelve months , s ,lWd .0 fettle tJ,*,7 aao.m,r a „d
remove their families and efllr , .. . r
able proTifion and highly neceflary, bctw,.,, "Z
tries lo exteni.vely conned in The
term of ix months for removal, is Jciiger than is
usually allowed ; the term generally dfigij
treaties ;s 6or 9 months. ' k
To the two last article., I prcfux.e, no ohW,
ttons are made. _ CUftTIUS.
rp, th ' A *<"* Extraordinary.
The Sun of the .6th contain, pro, ending. in the
Hour, of Commons , nd of , W> of jJ _
fervation, f after fJ eob .
fervations referring to a report on llie petition of
certain perfoiw Grenad f a,J Sr. Vl , J^ g , JV*
report docs not appear, moved,
" !r Ut "u *?' lreU - Panted to hi* mar-fly,
requeuing that his maj citv wi „ b ,
ed a order exchequer bills, to an anuu,,, \ ? ™
ceeding the sum of one m,l!,\,n and a:l
.ffued to comm;ffioneri, to be lent „ut to the mer.
chants and p aniers , n the fcid ifl, l)ds , on certain fc-
Cut it ic« or pledges, 4cc. &c."
■ A Tl "f T'«r U -rl " k "B th >' «*"«■■ on the fob.
jea of the Well-Indie*, cwrftrft of the ..cuerals
adequacy of their force, & c on whi h
made, by Sir W. Dolbet'. m ° U ° n
" riiat there tjr laid before the House the ap.
pointment of Lieut,-nan,. Governor Deicarre Jh
his letters to (he minittrr* • rl- n
lord Sv.lm-v I r 5 "°l<>n/ba»ce» to
J »I r' consequent letters of rcca ll .
and the corrcfponde.ee of the Li. ut.nant-tW
nor who Iticceeded him." oorer-
the T n h e C gSve" CClk " ***** it ' Rndl ' t *»<** >'»
l'he Aultrian loan bill pafTed.
Prince«f Wales's_ debt then came on the tap,",.-
, ° 14 bllJ > ort! " '"K tiic furn of i r nonl
Pricc'S.' 0 Coa, ? iin " Be ' liquidating the
? rtnee s debts, quarterly, paflVd Bito i a
On motion of Mr. Fox, to pofW .here of
parr of the revenue tf the JD'icl.v n n •
paffedin the negative > ° f Cornwa «' "
A motion of Gen. Smith's, rcfpedlingthe prince'*
right to the proceed, of this ditch y fronj his birth
After various a.mcinJuie-nts i 'si • j *
C Si ? r\V\ t rheaext WednTfday*!
appointed so,- tV V-V 'us """' l * con >""''«« w"
rjiw ( |ebt« nr . j- . ln "3'lire from lncar
nit-nt for their b y P arlli "
> r " WHM,
M,c "^
„f Mr Pttrr C-,1 „' l "t Ojibu J.futiLtt in the hand*
timore.
J , 1 °* J ?" U h < ft™" *» any p e rf»n, b\ abfiiw. to fvin
Lydam, who live,atjrini,,. ItlaJi. * J.ji Tl ' . J
"good TiL J' Tl S -* ry '
1, 0 r ? , , 't * "<*-n"r. country d-wclling
-7f' " and.n orchard of rood fruit. aonfiLt
> k " " 30 or 4®acrii
aituUoa T 'sbf b 7i ' """ " k <"" "'<•*
TZ'rZrtZZ" <*——» -*k
Mr,, <■ DAN IE J. CARROLL.
Montgomery, County, J unt
' *■', ' Thclan)lU " **««« tiro merchant milt, on; ditto*
<*e mdc, tit ukcr ujjom/ig, jmicif.