i- : thei;o'Lv,::MAX cemtiael
Federalist—No. 11.
The OBJECTIONS to the TREATY refuted.
Mr. Russell,
THE third rtafon of the town of Boston against
ratifying the treaty ii 'occaufc no indemnification
is to Ik- made to the citizens ot the Untied Slates
for property taken from them at the close of the
war, the reftitutiiin of whifli is provided for by tin-
Lime tr*-aty.
Tlk* words of tlic treaty of 1753, ifferrrd t» by
the town, an provable tSelf. . "His Butannic
Maji'lty (hall witi» all convenient (peed, and with
out canting any deltruition, or carrying away any
negroes, or other property of the American juhab
tants, withdraw all his annus, &c.3u\
It is undenloud that the United States, contend
lliat rhis dclcriptioti applies to negroes, remaining
within the Britilh lines alter the peace, but who
l aving been captured, or invited by proclamation,
H'.d fled to the fititifli during the war. The
13:itillv government contend for another confttuc
tifjn, aid fay that negroes captured in war, or in
viwd by proclamation bad taken refuge with them
during the war, could be coni'idered as American
pret erty, no more than lliips taken, or horses stray
ed to them during the war. That on the capture
of negroes by the Bvi(ifh, or the acceding by the
■nearocs to the terms of fitei'r proclamation, >they
ccafcd to be the property of the Ameaicans,
IE this reqfoning of the Bnrith be not f.itisfac
tory to the people of the United States, candor
will eljlige. them to admit that the British govern
ment may think it jult.and Consequently a point
extremely hard, if not irr.poffible to be obtained
from them, since the concession would imply a
fjcriiice of the public faith, which h<td been pledg
ed tft the negroes. It is not luiown that the
'Eritifn carried away other property.
The amount in value depending On this point,
it greatly exaggerated, having been Hated, in con
versation, at many millions of dollars ; while it is
known from authentic documents, that the whole
number of negroes, to whom the provilkms it) the
treaty could puffibly relate, tall short of 3COO, that
being the total carried away after th* peace, includ
ing' many free negroes, and many Caves, who with'
their proper mailers had taken refiige within the
Britilh"fit es. Let any man make the probable de
duction for free ucgroc.>, and thule fittves who ac
comp uted their matters, and cor.fider that the re
i«<aiiider included thtrfe of extreme old age, and the
youngelt infants the tick and well, the worthless,
and ihofe of value, and hermulbe convinced, how
ever unfatisfaflory the conthuftioa given by/ the
British may be to his mind that the evil is not of
great magnitude, by .no means Sufficient to press an
indemnity foi, iu hazard of the prOpeity taken from
Mir citizen* on the ocean, in Hazard of our peace,
and other articles of the treaty which may be cou
hdered beneficial to the United States.
The reason io " becanfe the capture of vefftls
and the property of the citizens of tile United
Sta f Cs mrtiie under the of the government
or Great Britain, is a national concern, and claims
atifing from o.:h captures ought not to have been
fubmlttcd to the dccilion of >heir admiralty cotnts,
as the United Slates are hereby precluded from hat
ing any voice in the tiaal determination oi filch
calls, and because the indemnification propoftd to
be made, is to he fought by a process tedious, and
cxpenlivc, in which ' iuHice may be delayed to an
unreasonable time ; and eventually loft to many
of the fufterers fro in their inability to pin Cue it, and
bvcaufe this nj.jdc of indemnification bears no pro
poition to the luminary method adopted for the
latisr.tclijn of Biitiih claims."
The frrlt charge hei*e is, that claims'arifing from'
captures ipaik oil Aofterican property ought not
tu have been iubir-.itt'id to ihe deeiiioi ef then ati-
tiiirahy courts.
.I'll the y.'ar i-jj, t!'-e King of PrnT:a coir,
to the Kilii; of Grcil-Brli.T.-', .that the
;.ny lun fubicvi'ta had been uiiiavvcaptured
~:d condi lismil oil tire high teas, b.y ; fubjeas of
he Kiiiii oi' Great Britain, The reply-the' l was,
hat the f..oj>erty !.ad been regularly "trtYil in the
ii.hrirait f courts .of Gicat Britain, which -couits
.ricd cuut.-s according'to .the nnK'crCtl law of r;a
hous.Wthc Itipu'.ations of the treaty, that affairs
of this krtd aie and caii l>tj only, in the
courts belonging to'that power, where the fciz&re
ia /ii ide,
In our own country the Briufh miniUcr com
plrtii.ed to Mr. J. fferfon, then Secretary of State,'
that certaij fpbjttta of his King injured by an
Liability tif obtain their jufft iltnta*dto■ *
Mr. Jefierfon replied "that ho nation can answer
f u perfccl exactitude of proceedings in all tlieir
i inferior emir's —It iufficcs to provide a supreme
judicature, where error aad partiality «ill he ulti
iftatelycorreSled. With this qualification-, »c have
heretofore been in the h-tbit of confidently the ad
fliiiiilliatian ofjuilice in Great Britain, as extreme
ly pure. The admin ill rat ion of juitice is a bianch
of tiie fovercignty over a country, and belongs
tKclufively to the nation inhabiting it— v\ hen a
c.uile has been adjudged according to the tules and
form* of the country its justice ought to he prcfam
e<] If any intlances .of unlawful impediments" have
exiftci in any of the inferior tribunals they would
liice other unlawful proceedings have been over ruled
on an appeal to the higher convts. If not over
ruled ithen a complaint tothe government would have
been regular, and then interference probably effec
tual, ' If Wur citizens would not profeciite their
fights; it wan inipojfiblc they (liould recover them
<ji be denied tecovery : and untill a denial of .tight
th ough all tl.-e trrb-Jfuals-, there is in* jgrottnd of
complaint."
Here it app-ars that in other' cases, and w ; ith
other nations thi< hits been thought jull by Great (
Britain : and in our own' country thedodtrine has
Wu adopted towaid. Great Britain, and aequiefced
in on iu: "part.
[i likewife-t® be remarked that mod of
the feizm es complained ot by tlie American citi
zens have been nvtde by privateers owned by private
individuals, and that every British fubjs£t has a
right vhich neither king nor mini fief can deprive
Li.n of, to have hiscatiie tried by the courts ol liis
country and ii is not impoffuk '-hup iauu? claims
may have been made l>y Americans, where tin
property is liable by the law of natious 10 be con
demned. It ought also to be remembered that the
Bvitifh government made provision for the regular
bringing forward to trial; caiifes, which, from cer
tain ciscumftance« of the claimants had, by {trick
law, 101 l their right to a trial in the supreme courts
of admiralty—-and that our own government has
sent a person to procure paper* and documents
from the courts oi vice admiralty to support the
claims of our citizeiu; to enter appeals, and give
security for their proiecution, free of expenfc to
the claimnants. , The trial by admiralty courts is
fupporud, alluded to, and enforced by mmy en
treaties. "In this method all captures at isa have
been tried during all the late wars by the Europe
an powers, and fubmittad toby the neutral powers.
By iouits of admiralty a&ing according to the laws
of nations, and particular treaties all capturers at
lea have immemorially been judged of, in every
country of Europe 4 any other methud of atrial
would be manifeftly nnjuft, absurd and inipraclica
ble." Thus the law and culloms of nations have
been dated b'y the ablest and molt refpedlable civi
lians of the present a**e.
It may jultly be inferred, tliat the evils of the
unfortunate people, whose property has been cap
tured, will be icdceffed in a manner known, and
prafilL-d by oilier nations in fitrilar cases, and re
cognized as right by ourselves—that the injur
ies, apprehended by the town for the fufferers,
from l.\e expense attending the suits, and their
incapacity to pursue their claims luve been fully
provided for by the American government.
To provide againfl evils which this method might
not reach, it is expressly warranted in the ,7th arti
cle of the treaty ; " that in all cases where adequate
compensation cannot, for whatever reason, be now
actually obtained, had and received by the said mer
chants, and others in the ordirtary cotirfe of justice
full and complete compensation for the fame, will
be made by the Biitiih government to the said com-
plainants."
• The other part of the charge, eontainad in tkis
reason, is that the mode of indemnification bears no
proportion to the summary one adopted for the favis
fa&ion of British claims.
The fame 7th article of the treaty, flipulates that
the declaration of ffie Preiident, as contained in
Mr. Jeffsrfon's lettei, of the sth of September,
1793, to Mr. Hammond, shall be cariied into exe
cution. This letter which is annexed to the trea
ty, state', that having for particular reasons fore
bore to use all the means, in the power of the Unit
ed Stater, for the restitution of certain vefikls, the
President tho't it incumbent on the United States
to make compensation therefor.
The government of the United States, voluntari
ly foi bearing to make use of all the means in their
power to obtain justice for certaiu British fubjefts,
is certainly a different cafe from captures by British
fubjedls of American property, on which the Brit
illi government expressly stipulates that file will
make use of all the means in her power to obtain lef
tiuiiiori from the captors, of property wrongfully
taken, and if thefc means are inadequate from what
ever reason, (he will make full and complete cora
penfation to the complainants. The American go
vernment having decided that the demand of the
British minister was right, chose between two evils,
viz.- That of compelling restitution from the wrong
doer when in their power, or making compensation
iifelt——lt chof. the latter.
The British government chose the former, and
Mr. Jefl'erfon declaies in the letter before referred
to, "that were all the means in the power of the
natioii are trfed to obtain reflitution, and they fail,
: -e did not mean to give an opinion that rellitution
ought to be made by the government," but in this
cale Mr. Jty has induced the Brilifh government
to use all the means in her power, and make com
petifation when these fail.
It is presumed that a reference to the article in
the treaty, Mr. J.'fFerfor.'s letet, and a consideration
of the law of nations, as recognized by Europe and
America, will convince all cpndid men, that the
fourth lcafori of the town ought -*o have no weight
against the treaty.
The fifth teafon is " because this compact admits
Biitifii fubjefls to an equal partitipation with our
own citizens, of the interior traffic of the United
States with the Indians, through our whole territo
rial dominion, while the advantages ostensibly reci
ptocated to our citizens, are limited both in their
nature aiid extent."
It hath been well underttood by men acquainted
with the country occupied by tin? Indians, within
the territory of the United States, and that which
falls within the Britifli dominions, that by far the
greatest proportion of Airs are colleded within the
British dominions. If this is true, much is Mined
to the United States by the fur trade, while Britain
has nothing in return, but the liberty of traversing
a wildentefs from which 110 traffic can be obtained.
A littlerefledVion will convince us that our means of
paying for such furs, and our export trade opened by
this treaty are really superior to the benefits derived
to Biitain, and will prove a source of great wealth
to the Americans,
While we are pcfTefled of an extent of sea qoaft,
so immenfc, compared with that of Great Britain,
it will readily be seen that the European and Afia
tie goods, the latter of which car be aflords'd 011
better terms by us,- thaw the ftibiecis of Great Bri
tain, exported from the United States, into their
interior countries, must greatly exceed any quantities
the British colouifts can rbring into the United
States on thst quaiter. The embarrassments at
tending an importation fr'onV Europe into Canada,
New Brunfwic!:, and Nova-Scotia, by sea, and con
finedasthofe inhabitantsof the countries are in their
trade to the mother country < compared with our ad
advantages of supplying thrm, by our easy commu-.
nicatioti with them, and with every part of the
world, will convince all candid men that the advan
tages of thispait of the treaty arc chiefly on our
fide.
But fttll it may be said they have a- right to come
into our country, and we have not aright to enter
the feapovts' of their colonics in ow own veflels. If
it appears from an examination of the advantages
and diladvantages of this article of the treaty here
referred to v that we receive mote than we grant j
t Biiifi be admitted thai this rcafon ought not to
prevail againil a ratification of the treaty. "
By the treaty we are equally admitted iiito each
other's territory on the laud board, for the purpis
("es of Hafllc. Before ths treaty is ratified,' neither
<njoy» this right. They enter our fea-porti as free
ly now, as they can by the treaty—wexre not per
nitted to enter theirs. This inltrument gives them
10 new right on the sea board. It d<Jes not dimi
sifh any we poflefs. Under the treaty we can car
iv'on commerce with their colonies by land. F'rom
ivafons before fiaved', our trade there mutt be very
advantageous, while theirs in our territory cannot
be JiladvantageoHs.
By this article therefore it appears we have gain
ed much, for which we have given but little, it any
I tlin'g ; for rone will pretend that by the means of
tbe lakes, the Briiilh coloniftt can underiell the
Airrancan merchant, dill less will any pretend thai
we do Rot gain immensely more of tAc fur trade than
we grant
The iixth rcafon is,' beoaufe " the alien duty
upon our merchandise, impoited TTito the United
States by Britilh iubje&s, in their own bottoms,
is, if not wholly suspended, at leall contrafled not
to be encreafed."
The I jth art. of the treaty contains a stipulation
of parties, that places their (hips and merchandize*
reciprocally on the footing of the mod favored na
tions, and merely reserves a right to the British go
vernment, to irppofe on American vefTels, entering
into Briti(h ports in Europe a tonnage duty equal
to what Biitith vefTels pay in American ports, and
such duty as may be adequate to eountervail the
difference of duty, now payable on the importation
of European and Afiatfc goods, wheu imported in
to the United States, in British or in American
relfels,
Tliij mud be the article to which the sixth rea
son alludes—and it certainly cannot be "derogatory
to our national honour and independence*' so be
willing to meet the British nation on terms of equa
lity ; when it is considered that we have fim'ilar ar
ticles in our treaties with France, the United Ne
therlands, Sweden and Prnflia ; that it is common
in moll of the modern treaties, and especially was
of late infertcd in the treaty between France and
Great-Britain ; at lead it behoves th'ofe who make
the objeiSiofis, to shew in what conliits our power
to compel a nation to trade with us, on terms by
which we (halljmpofe heavier duties on her trade,
than we do on others, while fhc imposes no heavier
duties on us, than (he does on others. In' general
terms it has been said, that the treaty wes not reci
procal— here is an objeflion that rt is reciprocal.
LONDON, June 21
The only interelting article in the foreign gaz
ettes by the mail is that dated from Ratifbon. It
is *lfo to be noticed, that his Imperial Majesty's
Ministers have taken unusual pains to have the re
pow contradicted in all the German newspapers,
thatfthe Emperor was negociating a peace with the
French Republic.
According to the mod official accounts received
of tht damage done by the late fire at Copenhagen,
it appears thtt one third of that city is reduced to
alhes'; and that 20,000 inhabitants are burnt out,
and the grcatell number of them are left without
any refourccs. It is not known how many lives
♦iave been loft.
It is now certain that our court goes into mourn
ing far Lmiis XVII.
Juni 30,
Mejfr.ig in St. Gaorge'j Fields
In consequence of an Advurtil'ement m some ofthe
Daily Papers, as well as from a number of llmd-bills
having been circulated, convening a Meeting of [he
Apostles of the London Corresponding Society in a piece
of ground not far d.Hant from the Obeliflc, in St.
George's Field?, some thousands of persons colle<fled
there yesterday afternoon ; many, no doubt, from
views of riofrand difaffe&ion to this or any other Go
vernment eftabhfhed by Law , but many more from
raotives only of curioGty.
On the Sunday preceding, as well as yeftenffy
morning, some large baflcet-loads of biscuits were dis
tributed among the poor, ilamped with the following
infeription : on the legend are these words : " Unan
imity, firmnefs, and spirit and on the iufide was
{lamped, " Freedom and plenty, orflivery and "want."
This infeription will iuffice to give the public a vtry
c6rrei!\ idea of the views of those who were the pro
moters cf "this Meeting. We tan evidently trace in
iwhe progress of French anarchy, and the exercise of
those meafares which have been of late pointed out in
some of our Jacobin Newspapers, to instigate the low
er orders of the peopUr to adls of rebellion againfl
Government, as being the iource of the present scarcity
oi bread ; whereas no Government ever took greater
precautions to prevent it.
About three o'clock, a mail of the name of Jones,
who fells drugs somewhere in the neighbourhood of
Tottenham-court road, took the Chair ; and loon af
ter opened the Meeting by an elaborate speech against
the prefest Government of the Country. It included
all the common place topics which we have heard
brought forward at the different Debating Societies
against the constitution of the Country, as now hap
pily ellabhfhcd. We fhallnot'fully this Paper by re
citing all the libellous matter tittered by this disciple of
Efculapius ; but the theme of his dilcourfe was An
nual Parliaments and Universal Suffrage. Citizen
Jones concluded by recommending to the People, that
if they could not obtain relief to their grievances by
legal and constitutional representation, they should
take the Law into their own hands, and not be terrified
by the Bafliles ere<Sed by Ministers.
A Irong firing of Resolutions was then read expref
fivie of the riotous disposition of the Founders of the
Mceljtig ; and an Address .was moved to the King,
as wen 2s thanks to Citizen Stanhope, for his manly
and impartial conduit in the House of Lords, and that
the Public had reason to congratulate themselves that
they had at least one honest man in Parliameut. An a
mendmeat was afterwards moved, that Mr. Sheridan
should be included iu the vote of thanks, which was a
dopted.
The Meeting seems to have completely- tnfwered
he purpofesof Tome of its Committee, as many thou
and tickets, at 6d. each, had been issued, to admit
leople within the piling of the field. There was no
liflurbance of any kind. The Gentlemen volunteers
jelonging to the London, Westminster, and South-
A'ark Afi'ociations, were in readiness on Kensington
»nd CUpham Commons, tohavcaffilled the Magillrates
in the execution of theirduty, if neceflary. The pub
lic arc very much obliged to theft gentlemen for their
prote<Sion. Numerous tidies of people continued to
parade about St. George's' fields till a late Wur Isifl
night, but tlitre were ho lytr.ptoms of fcrious riot.
A FEDERALIST
Some men in aprons, who had polled ti.einfeivci
near the Korle Guards, liaJ the audacity to raile i hiiis
and cry as the K.iiij paiTcd on Sattuday to die l-'iriia*
mcnt House. They were found to belong to a Distil
lery near Old street, and took this mode of vciuing
their I'pleen, at the faliitary nicafure of Parliament, in
flopping ail distilling during the present fear city of
Corn.
Mr. Burridge, a Merchant of Portfitlnuth has enter
ed into a contract with the Navy Board, to get up the
remaining ilores, artd entirely clcar the wreck of th*
Boyne, lately burnt at Spithea-I, within twelve months
under the penalty of ioool. He has already got up n
guns,
Some weeks since, information given to the Se
cretary of State by the Government agents at Dover,
of an Italian gentleman of the name ot Cantua, being
in that Town, whefe contJiidl induced llrong i'ul'piticiw
of his being a Spy ; in coiifeqiJcnee of which, Rois-thc
Meflenger was Cent down to apprehend him.—On an
nouncing to Mr. Cantu»j hts buliuefs, he.lmmediately
put him in pofll-flion of his papers, 3cc. and with cheur
fulnefs accompanied him to town, observing, that he
was master ot his own time ; that he intended return
ing to the Continent, but that he should noi be incon
venienced by delaying his jouney.
During his examination and detention in town, his
conduit was such as entirely to diffipnte the fufp'itlotis
which had been entertainedof him, ami he was dil'char
ged, with foine rem jneration for his lots of time, See.
On Saturday fc'nnight he proceeded t > Yarraotlth-.
there to embark for Cruxhlven- His behaviour at the
Inn, on Saturday night, induced observation, and when
lie.went out to walk out on. Si/nday morning he was
watchcd to the Denes, where he Suddenly difappeaied,
lie was discovered in a few miriutes ; but—-horrid to
relate ! —he had nta'rly fevered hi. head from hii body,
and was quite dead. The fatal instrument lay by him.
In his pockets W-cre found ca(h and bilis to the amount
of 2001.
The Co'ronrr held an inquest on the body, and -found
a verdifl —Luiiacy j and on Tuefdjiy evening his re
mains were intfred in the Church.
Mils Brodcriek's Trial for the Murder of Mr. F.r
ringti|rt, couirson at on 'lu i6chof July
WARS AW,June 3.
[ETxtradt of a private IctUT.J
" Our garrison conlifts at present of I foo Ruf.
fians. The caup near Willanow is t» be reinfoiVctl
lo ilio iximlicr oi 50,000 men.
" Tlie emigrated Polandersl'who fled into the
territory ofVeniae,'.o proctxd.frorryth.cnce to France
have left that c«un»y, it having been intimated to
them by the French M'liifter at Venice, that
Fiance coulcj f>i»t ioterfere in the affairs of Poland."
JUNE 5
His Polilh Mnjclly having not been able to obtain
to return n> tins place from Grodno, hai de
manded of Prince Repnin to inform hi™, whether Its
had to eonfidi r hinilelf as 2 prifoiier at Grodno, <t
as an independent Kirjg I upon which Prince Re
pin is fair] to liaTe feet » CiHirrer to Peterdnir-jh.
It is now known, that it was C.>unt Kicilick'
and Anrhony Trembukj', who carried off ih
Crown jewels which vis Ut'.)t ft f-
By this Day's Mails.
BAL i IWORIi, Aufruh 18.
Extract i f a lttler imni - al Fijri D,
pliin, ts hi* fiicild in t|,i g t OH J
1 795
V Will, very great nWafute I rtnbrace tlicprt fr.it
opportunity, to inform you us our fafe arrival here
tlle 23di1.it. after a of j 9 da\s, during
svkich nothing material occurred until we came, up
with the vVclt Caicos, where we were boaufol Ijy
a French privateer of ! 6 guns—l thought it heft to
tell them we were botfd to the Cape, on which
t |ie ) ordered us to make fail, and as they continued
to follow, I have no doubt hut they meant to fee
«» in. We, partly thro' intention, felt to forward
of the Cape, that we might h ire a pretence the
following day to -beat 14, and if" he comi.i dto
follow us, to give him the flip in the night ; but an
English (loop of warappearun., the otbci made the
belt of his way to Port-V-Paix, and I believe to
that circumltance we owe our getting" in here.
Another EngliHi sloop of war came in with us, ai d
1 am told for the purpose of getting two Spanish
Blips of.the linc nowHiere, to alfiit them in an at
tack again ft Port-dc-Paix, which I am well allured
is fhorily take place ; but, from what came I
know not, the fohciteil aid will not be granted.
L.alt Monday a vessel from St. Thomas informed,
tnat 7 fail of the line, with troops on boaid for this
island, was ijj Jignt. This morning another vciTel
from St. 1 homas, fays the French ships are arrived
at Gsadaloupe. r\ peace between trance and
Spain is much .talked of here.
" No-p>odnce, ju ie at present—last prices, cof
fee,* 1 2 dollars per c.wt. hides, 1 1-2 dollars; mo
lafles, 3 bits per gallon. VefTels now !yins here,
Sloop je%rfon, captain Stewart, of Philadelphia,
fame tune ago plundered by a French privateer,
between St. Thomas and Porto Rico, of all their
cloathesand rrtoney ; brig Maria, captain Boor.ry,
of Boston, with beef, pork, fifb and dry goods ;
and yelterday arrived from Porto Rico, the brig
Hope, captain Kennedy, of Baltimore, with pork,
soap, candlei and dry goods ; fchmmer , cap
tain Rich, of Bollon, arrived yesterday, plundered
by a French privateer, 15 leagues to windward of
Monte ChrilH."
% NEW-YOR»K, Aug. 17.
From a \:cw of the foreign papers we.collect the
following general facts.
That Great Britain, 111 alliance with the Emperor
and Emprels of Riiffia, is puflnug the war againtl
Prance. That the Emperor hasrr.anilelled a t'.ifpo
lition- for peace, but iniiitt that the Germanic
States fa all not enter into separate negotiations with
France and that until a general peace with the Em
pire can be effe&ed, all the Princes (hull cb-opciai®
with vigor in carrying on the war. That Riiffia,
has dire&ed a lery of ico,ooo men to
her armies. That the King of Prufltn thi-ks him.
felt in danger from the hostile preparations of the
Empress. That the Royalists in the weft of F ran re
are again railing the standard of rebellion, aiuj pre*
parat 10ns are making io England to aid them with
a body of forces. That the |acubi;is are held in
iuch universal detettation, as to be hunted arid de-
Itroyed like beafls of piey. That affignats c.inriVitie
to depreciate, a lonis d'or being worth 1 900 liv.es
That provilions beggn to be more picntiiui- That
the eflaWifhmefvt. as a Conftitutiou o cupics the j.-
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