" ETTE. LI PUBLISHED (weekly) 3Y ' ALLMAND HALL TUESDAY, NOVEMBER 5, 1805. A"o. 465. GAZ ' - UII.L I llll I ll I II ' '"" Ft om the Richmond JZnjuirer. British encroachments upon our CoJiri'EacE. ' w An order, we understand, was sent to all the out ports some days ago, instructing our cruizersto detain all American vessels, which ' have on board property not the produce of the United States. This order has" been al ready acted upon, and several ships have been slopped." - London paper of the 7th August. Such is the paragraph, which has already excited so great an alarm among the Ameri can merchants, and such Vehement indigna tion among all classes of citizens, it is to be regretted, that the skUr itself has Wot reached us, from which this paragraph is, said to have been subtiitially 'tt&t-i. For ye cannot help suspecting that it embraces a much wider circle ot operation than the or der itself ; and we suspect it for the follow . ing reasons : . ' Because the paragraph which follows it in the same paper, explain the intention of the order to be, the restraining of our indirect trade between the colonics and the mother country, through the medium of the United States.: " Because the letters from the London mer chants' to their correspondents in this coun try, confine the provisions of the order to this precise object : Because the case of the Essex and other vessels which have lately been condemned by the English courts of admiralty is founded entirely upon this assumed principle of an ' unlawful. commerce between the colonies and the mother country : AnJ because, if their order was extensive in its operation as the paragraph entitles it to be, it woujd have-the effect of subjecting our vessels to detention and adjudication, tho' they were laden even with British manufac tures. In fact, accordingto the phraseology of this paragraph, not an American vessel could sail on the high seas, 44 having on board property the produce of the United tUtfs,'lwhether it consisted of Btitish faa. nufactures or of colonial produce, which would not be liable to detention by British cruiztrs, and adjudication by their courts of ' cdmiralty. Instead nf such an unlirnitted interference with our trade, we suspect that it was the on ly intention rjflhu br(!cr to instruct their cruize; iy deta;n alj American vessels bound to an enemy's colony, and having mi board any article of the growth or manuhc lurc of a nation at vj.v with Great-Britain." By referring to Mr. King's letter of March, 1 col, to lord llawkesbuty, on a similar sub ject, the reader will find that such at least wastherotr.-f of the British cruizcrs at that period; and this forms ano'.her reason fur our opinion, that the London paragraph ist has strained the provisions of the order beyond its actual import. Hut this order, even with this modification, contain such encroachments upon the A mencan commerce, as cannot but excite the deepest alarm an indignation. A desultory j itw or this suuject, will ue su'iicicnt to "point out the injustice of this regulation, and the disadvantageous situation to which wcj kl all Le reduced. It Ins generally been the custom, when a ry new priiu:i;Ie Is adopted by a belligerent nation, or when any old one is carried into operation, to gire a previous notice to the ministers resident of neutral nations, that lh"y may have it in their power to put jtlici r countrymen on mcir t;uaru. v nc-ii a iie is declared lobe m sutc ol blockade, there When we come to enquire into the spirit of the order itselft hew and insurmountable, objectiqnsjjse up against it. Those objec tions are -of tvj kinds ; those that apply to the mere detention of. our vessel ; and those which will apply to the principle, on which they will be liable locoiideiniiatbii before the courts of admiralty.; , Each of these deserve a separate examina tion. 1st. According to this ordcr, there is not an American vessel, 44 having on board anp article of the growth or manufacture of any nation at war with Great-Britain'' which is -not liable o b4ake-out of its course, and carried into a British port lor adjudication, whatever b j the distance between them. An American vessel, for instance, with a single barrel ofcofl3e'6nboard& bound intoBordiaiix, may be dragged out of her course by a Bri tish privateer, and carried into Portsmouth for adjudication. Extreme caSas of this kind would certainly be mach. less frequent if the admiralty couPts shall decide, thatT when the captor is ca.t in his claim, he shall pay freight, detnutrirge, and expeness to the' A mericuti vessel. To the honor of the British courts such was their decision in the year 1 Ty3, when our vessels were detained with provisions bound to France; and such may probably be the decision in the British ports under the new regulation. f But in the Bri tish West-India ports, if we ma form any anticipation from a recent judgment iirthe vice-admiralty court ot Nassau;a dilterent result m ty be reasonably expected. Jn this case the judge, though hp determined in fa vour of the claimants, was generous enough to throw the costs upon them ; and yet this justice Oyer has been highly praised for his inflexible regard to justice. But should it even become a rule in all the admiralty courts of England, without excep tion, that the claimant when defeated in hjs claim, should pay freight, demurrage and ex pences, to the American vessels, though this would diminish the number of detentions, and the los of tli: American merchant still the interruption of ,r,r',r voyage would sub" jeet them to considerable inconvenience and expence. The allowing of demurrage- and freight might be some compensation to the American merchant or ship-owner, fr the txpences to which lie would he liable ; but they would not he any substitute for the pro which he would have made by the conti nuance of the voyage. The costs allowed in a common curt of justice, are a sufficient com pensation to the injured party, if they are sufficient to reimburse him for all the legal txpences which he has incurred ' because the : loss of lime and the consequent loss of pro fit are so inconsiderable, as to require no in demnification. But in the case of a commer cial adventure, tlio consequ' nces arc vastly . dilVertnt. By carrying a vessel out of her destiiK'd route, and dettrcying the chance of her arriving in port within a t-ruin time, the captor prevent the merchant from brncfit t'mg by the demand of the market, and enjoy ing the expected profit of hi, adventure. . This is a loss, which no adjudging of iU murrage, or freight or cxpenccs, i cter sulficicht to replace. The consequences of this detention are not, however, confined to the owner of the vws- -tel or the cargo, but they are made to ex-, tend also to the crew. Daring every war, n which the English nation bus been enga ged, the most unauthorised measures liivc been employed for the iinpressmciit of sea men, but at no period has this practice been nvre widely extended, than duiiiig the ire- sent war, wiucli may in Fct be principally regrrded as t war on tli3 eai. Surely we is always tv, pfvision in favour of Mich ves- ' have nausi reason l hope, that our own cU sell as rny' hive left their cotjntry, before j tutcns wul be exempted from the kainc in the ilcclKiM'i.m of the blockade could hate r- , j wuct which lias been so largely dealt out to rhed there. But no nuch provision bat ! llntuh subjects. c know that tlicy have been nude in the present instance 1. An -rdr lm been cicn br the Bril.sh gr.vu-nmei.t fur dctsiningourvcurU, ladm with particular cargoes and bound for particular port, -and, without haiMg tjitcn the leat previous no lifieationoTilirtr dcsi;u, it i imm.'diattly tkctcdnn. Vessels which are laden in llit jNrtif ul,ir wr and bound to partirular pnn h9 not t'e Vast nppoitunity of cciin,; thcopira!loimrthilE.'pot'faCtolaw. 'I beir '"cumimnders have net the least doubt buUJut tin y are carrying on not only t regular trade, but atradc whielibasl.ee nfXpiCklyanttion-d by the lliitub government Wn, tontmy tn all rewns!l2 cxptctatin, they are dc tainrdby IlrUhli truufr end carried imo port for adjiidU'A'inn. Tbry we'' i-nor.Mit of ibe very exigence of thf law ; tl.ty were codm'i'm tt'lr prevented fiom lAln the ne rcsmv iiifcuMti.ifii, att'l yet thef are expo, i au to ill rnou n;oriius penamf i. e n wui be called jusiVe f Ti e dctctiin and con. ilemnition of American properly in this ay alobc, di involve a loss if property almcst beyond ral:ul-idn. Hundred of targots arc now afioat, wbithhac Urn sbif ped ar4 rtit forw.ir4 in thfi mc VcrU in b'o.h they wrreimpoilrd. The very trr(t lat' J ft ifcarr)iglhi order ito tCci I, letmyi an astonishing disreatd f u'tr tlj.H and tf tl prifiice of nsiifu. and tei vi liable taanalma.llriiUuLtlcl . lately impressed our seamen on the high Has, at ilie mouth of our harbours, and in oar own vessels ; why should they be more secure within the Hi itish harbours f. When the AmericTm vessels were detained and tent iolo pott, according to the intni tiuiis fur n'uhed tothc BrltUh cruiseri in 1 793, our seamen were impressed, and Mr. IWkncy remonstrated to lord Grenvillc. Why ahould tl.ey exprct to enj y a better fic under thj pictent regulation I In the words of Mr. I'inckttcy, therefore, their being enptured and brought into Britith ports, renders our teamen liable to those disadvan tage, they would otherwise have avoided." d. But the principle on which these vc tel, when once JfUm.d and carticd into jort, are to be c;r.JttnntJ by the count of admiralty, is no lets injurious to our interests than the act ofde'aini tl.tm. One re striction on their natural rifhti, ) Mr. J iTeisui, p.ll7, of the offuiil corretpon. dk'nr, b,i been tubmiticd to by nations at pcarr j that'll t'My, that of not furnishing to cither party iinpLrmnts merely of vr, fir th annoyance of ihe other, nor any ihlng vhattvertoa phte tUhdidby it enemy." li it not thin a ti'datiotiofour natural rihlt, l!t any prohibition should 'be placed upon Ihe J.i tt tra-.'e wl.ieh we carry on bctwetn be i;Ktl rr cout try and l.trcolony bciwttn l"rfua fer t a:n;lt abd Maitii)iic I 'I t declaration of war between France and her enemy may no doubt have opened some of her colonial porta to our vessels, and given them a greater latitude of operation than they w ould hp.ve possessed in a time of ,r; ofucourse an interruption of '"this trade cah notbe considered as a restriction upon our natural rights : -but there are other branches of trade, which' neutral nations are permit ted to carry on between France and Thef co lonies in a time'of peace, which no belliger ent nation cair attempt to interrupt without violating some of our natural rights. Let us admit, however, that " a direct conveyance either out or home, is positively inhibited," on the ground, that 44 this Would be to obviave all the inconveniences of war, and render ineffectual the exertions of the opposite' party case of the Immanuel, .2 Kob. Ad. Rep. 172, it will not follow, that 41 a circuitous transportation of the produce of the belligerent colony to the mother country," should be made a subject of pro hibition. Some of the writers on the law of nations, have attempted to make this com promise between the rights of neutrals to carry on their commerce, and the light of a belligerent to cripple the exertions of their enemy: that 4i landing' the goods and pajv ing the duties in the-neulral country, breaks the continuity ot. the voyage,' and is such an importation as legalises the trade, although the goods-be re-shipped in' the same vessel, and on account of ihe stme neutral proprie tor and -lorwarded for sale to the mother country." And this too has been the doc trine, generally pursued by the British courts, aid even expressly-laid 'down in the advocate general's report of March IC, 1801, enclosedby lord- Hawkcbbury in his letter to Mr". King. The spirit of the hue order of the court of London, however, is in complete Opposition to this doctrine : for aecordinirio the late judgment in the case of the Essex, no part ot the colonial produce of France, ever though it be the bona-fde property of an American citizen, can be safe from confisca tion, Unless it has been re-shipped on board of a different vessel. This is deemed by then the only satisfactory proof that the co lonial produce thus exported and destined to an enemy's port," is not bona-fde the proper ty of that enemy. Inconsistent as these de cisions of the British, admiralty have been with their previous decisions, it is not a mat ter of astonishment that they should be in consistent with neutral nations ! But this principle, injurious at it would prove to our commerce, will be rendered still more fatal by the iniquities which vill be practised under colour of its provisions. It would be difficult to place any bounds to ( the numberless depredations, which British cruizcrs, and British courts in the West-In cues, will be encouraged to commit. A bar rel of nails found on bard of an American vessi-i nas been known to contaminate a whole cargo, in the decision of a court, and expse it to conhsciiiin, as if it was entirely composed of contraband articles. The sin: e decision Iip.s frequently been known to involve the vesstl at well &s the cargo in the Sam.- illegal confiirali'in. What right have we to expect that Bniish rrmzers or courts will be inspired by a greater repard for our rights now, than these dcciMoni have pro. vtd lo posscis What rih' have we to hope that a pipe of tvine fiom Bourdci tix may iiot be uved as a cover for confiscating a whole cargo, and the vessel itself? Such at least is said to have been the fate of the Essex and her cargo. But it is not from the British njentt lne that'these "depredations are to be dreaded for we may soon expect ta hi-ac af a limilar orderbcing issued by the French, govern ment. 44 It it an essential character fr neutrality to furnish no bids (not stipulated by treaty) to one party, which we are not equally ready to furnish to the otl.er. If we permit torn to be sent to (lrcat Britain and ler friends, we ore equally bound lo permit it to I'i aoce. To restrain it would be a panialiiy which might lead to war with Franre; and between restraining it ourtelvat, and prmiui.ig her e ncmie to rcMrain it un rlhi Inlty, is no di.Tn r nc." Mr. JelTrrton'a Jtt'rr to Mr. I'mcknty, Sept. 7th, 17S3.The turn doetiinc will I'qially apply to restric tions upon cor u ,!f in the colonial produce. We hvc ilm attempted in a very brief l dt sol'oi y r.ai m r to lay open tome of ihe oil, which mint remit from the late encroachments r.f the British cabinet and British court iq ilie American trade. Thttcctilt we must leave to time itself to inndl 44 in 4l the amplitude of thir dc tail." I -et it not, however, be auppoted that they will rr.ict our ,irying trade alone; 1-craiHc that trade which e carry on In r oton'ul produr e It in fad essential to tht prot prrity of our direct tiade, and our agricul ture t at that &art of the rroduce, which is over and abuve eA.rown cchsumptior t wcu'd be nothmt the than a burden un our bands, if it were not aomrtimtt cxortrdto the mother country. It St ptobable that these evili m&y be arrested thro the remonstrance f f onr mimttr in London. Hut irtonUthat rcmotniranre be without effcct.lt will then U the du'j ofihe ftefle to pvcnle rc . From the Btlon Cbroniclt, , L, THE EXAMINER. ; Text. "We never fought for a Re- . Public into which we were forced by the injudicious obftinacy of our oppo- rients--Thui our ftrm of government was the refult of necefjiiy, and not the offspring of cheUe." - Anthology Criticifm. A monthly puplicajion dlate has ap- peared under the title of 14 The antholo- . ."the patrons'of whicli, feem difpofed : toeuiogize Monarchy, and deoounce Re publicanifm. A fpecimen of their poli tical tenets is exhibited in the above quo tation; A little knot of critics have enlif ted themfelycs to 44 RevievS' publications, both civil and eccIefiaftical.-jrFrom their rjerformances, they appear a group of icnoiaitic pedants, poiielled ot luper hcial knowledge in arts and fciences, and as- lociate for the purpbfe of difplaying their , ' wit and faUre on all thefe fundamential, principles which ha?e been eftimated ia this country, as the bafu both of church and (late. Not that we would have church and flare connected in any one particular, to influence the political conduct of the , citizens, but when a focietyis formed to give a tone to ei-her, it is proper to bring rneir tenets before the public tor examination. The prefent number is aDDrooria- tedtoihe purpofc of enquiring, whether the United Stales did not contend for a Republic, and whether our prefent -form ol government. was not the 4 offspring of choire,'' Thefe pofitions are denied br the Antl)o!otfts. I would afkifwe eild not choofc a Repuhlic, why did we adopt one ) vvnen we ueciared ourlelves independent of Great-Britain, we were left m our choice what kind of government to orga- niic. i ne t lab i hment waa a oueition fubmititd to the people, and if they were noi inciineo to this torm, it was ealy for , them to fet up another. They could with as much facility have appointed a king, joras, ara commons, as a congrels. . When detached from Britain, every poli tical proceeding might have as eafily led to a monarchical mltitution is to a repub- lican. Even in alliance with France, tho former would have been as pleafmg to them at the latter. We had no induce ment to controul us, otherwife than that prcpollcflionin favor of an eieclire o ver an hereditary cnablifliment. The Declaration of Independence was fraught with an abhorrence of monarchy, andtho wr'uings ol Cemmon Senjei which gave an impulTe to c.ur revolution, were predica ted on a deteflationof the divine right of kir.gs. How ahfurd then for the Antho h gills to fay j that our government was the refultot Hfccfi.ly, and not the off fpring of choict. 1 would again aflc, if we did not ehvfe ir, why did we adopt it r no torccd us to ihe necrjjily of a Republic? Did England ? Sutely not. -It would have been pleafmg to them to hud we had formed a cor.flitutimi analo gous to tlich'a. It would have. abated their tancor againfl our independence, when they obferved ui inclining to their fpecies of government. For all monarchies are .iUitcred.whco. a-people feek -refuge un.- oerkins ami nobiei. 1 he rc was no M"rr.7,M therefore, for our adopting f epu'dic, unlefs we had been led to it from "thrice." m Every publication at that peri od had a tendency to fubflantiate.this form ir. preference to any other. ' Tlironeh our whole controverfy, r.ot one inflai ce ap- mi wc were jtrctd againir our in. clinat ton to take the ground we occupied. If t) ere ever was a government of choice, it is that of the United States. It is art affront to the um'erflandipg of the citliei.r, to allelge the, contrary. Whoever may be the man, that prcfumes to fuggefl the degrading idea, muft e ignorant of every minutes roition cf our Revolution. Where relied ihe power to dictate to the citbens the form of government ihcy flionld adopt 1 Who urged them, reiutm lantly to abandon monarchy, and illume the attitude of a Rtpultit f If it was not ifceir thtieet who comrrvled them In theic decifion? Who, arr.ongtif, either in the f.eldor cabinet, drove us contrary to iaip wills i Where wis the oratM who fer fuaded ui to rc'.inquifh our dcfitei for mo. rirchr, and obliged ti torn r.nrjjltj in fubmit lo a republic ? Such arrogance may ie tffiirr.ed by a few fe!f opinionated novicep, whi hava wiihina few years tempted topaSmti cir abfurditiei on the public A few concci. .tedupflarti may feel thcmfcUci aboe ti e lafhef public cenfure, by ancftimous pub licitioni. They mit wifb to dcprfC'Ha tti gnat picdplci cf our Keto'iutur, by I i; 4. 1 M