North Carolina Newspapers

hi . JPuTjIiahed weekly by j4x.trJic.D jfjit, .t T" Dollahj a Ycia,, " . Tuesday, august so, isos. tVou 7, No. 347." !!" ' I I ' "' "t ? 1 - : I To ths ETitor of ths ftfeir-Ytfrk ; : -.Daily Advertiser, . .;' ; . , -SlRr'vV v.vV, S 1 haveransaribed and sent you enclosed an extract from a late work of professor BrWue.'on ths subject of civil and ai tntralty lave. To the "principle" be hikstatd as, those "adopted by Grj-uUain, resosc Ying nsutral co n n;rce,'l hive ad- dschle othsrs lhataoplyjNjre plr. ticularty.to Ana :ric xn iM jrchaots with arms shoKnotes. , IP. you thin!chis! epitomi oUrvsl;uiing. points rssp tin.; nsitral cornea ire sthat have b sen aittled m ths Erlis-i charts of admi ralty will bi uisful dsWcepVibla to yo.arjn jrcantile frieadsyo;i are at li kjrty to mi!ts them pablic. ' . i I remain, ir, " " , ' ; "' " .... .. Your obedient servant, . - ;.' ;' - v;v;.-- -y S,B - - t.IK PatSCirLtt - ADOPTED btGRF. VT-BHITAW, NEUTRAL COMMERCE. ' Extracted fro.m the 3d vol. of Dr. Brow-is's treatiss on the law of ad miralty, &c.. 2 9 7. L Tuat free ships do not m ik j free gois; or, in.o'.hip worJs, tint the j proo.-rty n ens n ii foul onboard of i the ship of frisa Is is coi Sizable ' bu'. this'ca.iiicitio't do.h not,extend ! to thi csrryinr s'lii), wilch is entitled ! to freix'it, exisat ii certain etce-oiioo- I .awe cas23a;. r- : .- 3. fav. t'u ijoili of a frie:.! (if I la-rial aunot coi'raonlfrfjiil oa .board ai s.i:.nY Y;; arc no: se'm- ble, b r. otr itto bs res'.orsl-to hm (the frisn I). " 3. Tutcoitrabail nodi )in? ts ths enrnr. eyeithiuT'i tk; nwartr of frie'iii, are ssizible an a Drize, b cum t.h.y eaiblsth: enj my bitter i to carry o ithj w-tr, thidotnof v.Vic't 1 is a d ;orturj frjnoL uitxtrahty ; and hitc.r.ribxlis aititslmively col li wd to in)leai:nt of wxp (b.) 4. Tint by carmnr contrbindar. Vicles,' the fMi-rbtanl exajucji ar f jrfsitcd,b itnot thsakip, utUis thj cynira-jaii oein lonir vf.:r, or there Be son; ptrticiUr circnnntaa- eeiot aestivation. j 5. 1 hat neutral vessels breaxmtj.a 1 t)b:kide are liable to coniication. if - connusant (kodwin) of the blockade ' C4ther by noti5;ation or by fact ; but not to as to th:if carjo, unless ths ! earners of the car were conausant of thsbb:kil and that the accilsntal abssnse of the blockvlin;; force djth Dt renre the btoc'jide (c.) j fi. That the ri?ht of Tisiling and :archinj ra:rc'unt ihios upon ths high seas, an 1. not mircly their pi p:ri, b nt'jVir carsoes, whatever be the ahi.1, Us cao, or Us djtinition, isnincoV.estibls ri;;ht of ths lawful ConmissWnsd ".ruirirs of every belli gerent nati n (d.) , . 7. That the sovertijnty of the n:u--tril couVrf caaaot, coniisten'.ly with the law of nvtfoai, opooie this rijht f search. 8. Thv. the osn !ty ef oosln this Tihtof ssarch is the onfiscatio;i tf 1hpro,);rty i w.thh:ld (ro.n viiiu- .t'.on. . ; t. That, on the brsakins; out oft r it Is the ri$Ht of nrutrals to carry o.i their acc'istom-'l trads except la 0!ura')tal articles or except they o o pu:ei blKkaded; bit that the coasting or coh iial trade caanotbo ths accjsDat?! trade (e). ' j 13. That t'i a miratim neu tral p wr shoul 1 strictly abstain front . "rrh thttrals balliRcrent, of mp lIyi.l M-n wlih contraband yet if ho Dens his prts t his privateers fr , t)! pumjseof h.i'ile'fjuipmen?fifhe :reliim shelter for h'unrUea, and Wit him courts, or surf-.rs him to trcctltis oo for the purpose of con- trality and a cause of war. 'H inn u.irc snip wr tptired an be disposed of by the tp'or, there mutt lea ftsrlr jidU t'ul proceeding f r trying the Jrality cf the nrlt. rhir In kAtK n&rtlrt .Witbe heard. . ' II U That tae proper andfepular j ourttar tryinff the ltlitf oUpriie l I - - - - ' siptorbloft:s(n. I 13. Tint the court must ju.Je fcy t'ie U of. nations, and by trot'tri, ' nd acrordlnglo an established me thod of.df termination tmverilly and I'naKmorially received. i ArniTtojtAiUy 3. D. ( 14. TK rlilm tinkv nrcit.Ir ln,iftntcrcptin all commerce be , ttn a oeutral country and tM co tn'un,f an anemy, not allowed U t timiof poatj, Is so far relaxed in . fa vor of nirican citizsns trading to ths Wst-Io lies, that they may im port proj'lce of any kind from thence .iaio ths United States ; but here, it m At be con vanud, sold, or exchan g;3d; if canmt bs traninipped for a foreign market, nor exported in the. sam v;3setpi accouat And ristjus of ths ori's'iaal b'jrasrs. a ' " 15 . By the last general instructions ta ths coaiaiindcrs of "British ships of war. &c. niutrals are not allowed to carry ths produce of any of the.colo nies bsloajiny to the "enemies of reai-U:'ttstn, t any part o, turoye, tcept to a B.ntish port; or to a port of thafSwiiatry to which the nsntral b longsX The sanvi principle will 'most probably N)s adapted ia ths i present war. . 15. PropsrtT aVippsd by a risutral an 1 to remun neutral until it readies thi coiatry of an eVsna toGfsat-Bri- lain, ov.tnsa to qiiohi to sua ens nt f in ths British co in is coi)iidsr ei aseosinr s p.Mosrtv u'Sm ths mi mfnt of its s hi paint. r If. G.-sat B'itain alio tj neutrals to p irchaie British' vessels that have b Jm cav.rired and rjar-iLrlv coadem ed, batthi sidjiics of coa Is.naatian, pirciase, cc:. mitt all bs pirfectly cliar, ail ths title m ist bs in lfeasi-b!s.- If ths ship is to rjvrtto ths sellsr, at thi tsiynuioi oPths war, tbs,sils would bs c"adjrsd as frau dalsat ail void. -.--- r. Y-a n atio ial charaster - of a msrchiat, a.id of his property, de psalioihl birth or residence,- bat mirt pirticalarly on ths latter; rcsi dia,; ia an eina'ss country for thi parmss oftrali. havinr a . cmiatin? h Jaseor lo nxia-l thsre; rsidin';thsre as a; co n il and carrying oa trade ; b:ini co.iceru jd in a house of trale for srni..tims after, the co.n njase m :nt of hostilities ; havsbicn adjud Rsd to b: gro'iads for oaleutiin bilk visiuls aad caross. Toe na tional character of ths mister of a vssssl is taken fro n his pjcmral em ploym:ntanl tourss of trade. 13. If ab:llijercut takas p issession tf neutral . vessel and scnli her into' port fjr examination, and oaher way the master or crew of the u mitral ves sel rescue her from the1 captors, aal he is recaptured b.ihs bjllijreuts the rescue is htllto b:a i it eronal tf condemn ltion. t J. In cases of reeiplnre or rescue of a British prop:rty from an enemy, by a antral, thsyalbw him the 'sams alvageastoa subject of Great-Britain. In ths coarse of the late war the hijh court ora l. niralty ahVvrd a i ... mm ... . aiva4 to tivs La;iMh cruuers oa ths recapture of neutral propsrty from the French, on the ground of the notori o is rapacity an 1 hlss$ conduct of the coisliiMted authorities of revolu tionary Praacs WhVJicr the same rule will bi observed tu thi present war m ist dp.md on the conduct of the Frc i:h cirernaisnt towards neu trals. r . t NOTES. ' ' ; (a.) Asia the case of a filed;sti. nation, sapnrcssioa orsliationaf n. psrs.by the m isten for whose acts the . owners are Hauls, t reiht is also dis- ' allowed bctwien ths colony and the J mother co iatry, for enemy'a'goodt j fouadon board of a n?utral. an tndinT 1 bstwscnth: coloayof ons, and the parent country of another enemy. So lathe coming tradsof an enemy. But it is allowed b Hwecn th? two ports of one en:in and those of another, because this is a trad s allowed in timi cf puce. r. ,. (b.) It is th-doctrine of the Enj. lish 1 niralty, that what is to be con aidered as contraband, must M ever b: fl j:tuiting, and depend on the cir c jmitaace and ttv bt'M," (state of war). I.i Jtn:rl, con'.rjiod Is fix ed bf treaty. By the 8th article of ths treaty between the LV.ud States and Great-Britain, lao-dif to re galate whttltln futuri ti be esteem, ed contraband of war it is agreed, that ualer ths Slid d.monvnaUon shall b? C1(inrif ,l ktl arm and lm 1m-nti trrinj for lha purpose of war, by land or s:a, such as cannoa, muskets, mor tars, petards, bombs, grenades, car cast:, tvjcittet, tatrii;s for can. hon. m uKct rests, bandoliers, pun pow er,t nth, saltpetre, ball, pikes, tords, lieadpirces, rutlisscs, hcl bcrts, aunces, horse furniture, hoi. atcrs,' belts, and generally all other Imp1em:ntl of ar as also lumber for ship bull ling, tar or rosin copper la shafts, sails, htrcp end cordage, and ijtn?ra!lf whwl-vrrmiy serve di rectly to the e t;?ra:al of vessels, unwrought iron, and fir planks only excepted , and all the above articles are hereby declared to be just articles ot confiscation, whenever they are at tempted ito bfc carried to" an ene,my." (c.) What shal or sholl not amouat to blockade is uowprett well settled.; .It cannot be simply by, proclamation,' there must be a force actually invest 'ine the port or place. In the case of the Betsey, Murphy, 1 Hob,Ilep. ?A,j4nglisl courts of admiralty found " three thins'thust be proved ; I. the existence of an actual blockade; 3. the knowledge1 of the Dartv'i 3. some act ofyiolationf either by going in,, or co ming out with a cargo laden, after the commencement of thfe. blockade." By the' treaty of June,l85t, with Russia, Great-Brttaiu agrees that " the deno mination of a blockaded port, is to be applied to oa near which ships of war are stationed, and there is evident dangsr.of entering. 1 So far as con cerns the United States, this point is settled in the J8lh article of Mr. Jay's treaty, which is in these words : " And whereas t fre,ihntly happens that vessels sail for a port or place belong ing to an onemy. without knowing that every vessel so circomstanced, may bs turned awav from such rWt Jkor place, but she shall nat be detained, H ftjr lief tirn. if tutt rnntfaKnn l lw 1 O ' T w .. . it . , V . i contiicated, unless after notice she I snail Kain auempi ii enter oni $he shall bepermittecl tc go to any other; port or plase she rn'ayiihink proper.! not! stall anyssjl orood cf cither! party, that raayNvave catered into such port, or 'place, bitorV the sioie was be sieged, blockaded, Reinvested by the othdr, aud be fv.i ad therein 'after the reductioa or surrender oisuch pKice, bailable to conaication, b&t shall he restored to the owner or proprietors thereof." y , Id.) Bt this riht, fall otherhha most liabl j to a'juse, tand the most freflUL'Htlv viftljtrH. U ,wtriri.,l l,il.N reinspection of th'i ships, papers and the examination of the . master or ma rines at sea ; if fromHhcss there is any reasonable ground for suspicion, the ncatral vessels may be -carrried to the nsxt . most crAivanient port of tlie captor.for examination, Xat alto getherat his own riirjie, The btlii gerent under pretence of" searching lor enemy's goods' however, has no s ight to order the neutral master to leave his vessel with his papers, but should go, or send on board of the neutral. By the last treaty with Rus sia this right is subjected to very pro per limitations. . (e.) This U a new pretension set up by 'Great-Britain, during the late war, but certainly not ah admitted principle of the law of n itions. On the contrary all Europe, Great-Bri-Uin excepted, aal the United Stales, deny it. Ou this p lint Great-Britain herself is st consiitent or uniform In time of war she opens the ports of her colonics for the acLnissionof arti cles in neutral bottoms, which they are prohibited from carrying'in time of peace. By the treaty of 1794 she allowed the United States, in tims of war, p.-iviledges which she had ever before refused; she allowed a trade Tromthe enemies colonies to h:r owa, pms, and between the United States and herencm'.es colonics, not usual in tuns of peace. In fact the princi fie is at once uosound and "impolitic t is grounded on no admitted ripbt, and supported only by force. So far as relate r to the United States, it is impolitic, fur while Grrat-Brilain re tains her present mar Atimc supsriori. ty, hr enemies will not tru.t thtir property on the 'cran in their own vessrh. If Amsrican citixtnsare not alloed to trudc nith ler enemies colonics, during svar, their produce would perish in.thc hand of the culti vators ; whereas if purchased with A m:rica capitals and transported to Europe, a large proportion of the proceed would eventually j;o to the merchants and manufacture! t-f Great Britain. (f.) This has long been n Settled principle In the British code of nara- lim jurisprudence. it regards nentrals, however, it it oft?n tinecpial anl Injurious. Belligerent will be partUl to their own u1iect. Thty art at once judge ami p'arty tender the perauaslonof this truth, and nil. ling to accommodate ililTrrnctt with thi country, CrcsUBrilain, in the yesr 17D consented to wate thi cUimin favour of those citiitnof the United State whose property bad been irrrguUrlt captured or condem ned at the commencement of thr tate war. Hence under the TiH article tt Mr. Jay'i treaty, a toarJ of tommi- sionsrs-wis constituted, of five in dividuals, belonging to the two nation wnose province it -was to review the decision even of The high court ofaDDiak, and to do full and cam. plete justice to the claimant, if that naa noi oeiore been done. ; gl No doubt the rules of decision ,)ght to be M the law of nations and treaties." But in many instances the decisions and are guided in their' pro ceeding by tne municipal regula tions prescribed by the king," or by parliament, without permitting them selves to enquire -whether these are conformable to w the law of nation au4 treaties," or not. By the th ar ticle of the Russian treaty of 1801, . GrealTBritain Stipulates, that the entences of her admiralty court shall be agreccbld to the rules of the most rigorous justice and equity, that they shall be delivered by faithful judges uninterested in the transactions, and shall bs " duly k promptly executed." Such should be the rule of tbe ,-fcoa-'Uct toward all nations. 1 . . V; I'lIlLADELPillA, Aug.9. . o ' TRANSLATED 0B THE TBCE 4MXRICAK. J In the name of the French Republic Lonis Thomas Villaret Joyeusc, Cap-tain-genera of Martinique audu Lucie. , ' To the troops composing the girri- oas of M irt'mique and St. Lucie, M YO J have obtained piacc by your victories ; Earopa was tranpiilj and F ranoe and the colonics were flourish ing ; England, alooe, aUays eo-ious of the welfare of other has again ta- 1T1 HA r t,M m You have terminated the war inhe roisat, your enemy's have renewed' it in piracy. Before they had declared War, and whilit wa were c-ivint'nn . j sylu'n to their vessels, they corns to insuit, to u, and seize upon our: and this navy to boasted, of by the Englishes com minced war in bar ges upon ouv coasts. . ' Soldiers ! yw arr'nccustonied -so another kind of victory t Equity il-j I'Mrious in attacks well a mile fr-nri" it is yoj ofjh'e 8 4th division, who af-. ter having con nered half of UermV ny, oeienaed during firty-hur days, the ruin of Hell, agi'mrt the attack1 of prince Charles, and arrested, nl-, mot fur a month, at the passage of Klonthal twenlv-twi ilio.imnd !f. siaos, commanded by Suwirrow'. t "" .,,' wuw wuu yom- oravc compinion of the 37lh luve trium phed over His Austrian at Stutard, at.Mo5kirch, atNewbunr. at-MuH. Imjen, and whoJorccd the Danube aa une Inn, ths last barrier of your enemies. " Artillery of the mirine ! Soldiers of ins v jtn j tne baglish know you rajch better i B the most remarkable trea son, they became possessed of the Bitarian fleet; muter of the Texel they went lo inradc flollaa 1 1 You ppsred, and thi army, so Cerce pla ced between VOU and Ike nreaa. in tl. them, laid down their colour, aadca-1 p.iuuieaio you. . Defenders of Martinmne. ron HJ prepare tuc sains" Tcast for those who j attack you. Remember 'it more I difficult to get atthcKn,!!Uh thn to I nm juerlhcm, and Out if ihry cm bark un cur coast, they thenmlc remtve the only obstacle wh'u li tiro. I a - m j tecu there aainu you. OTiccr and ldier of the army, liytwithitandin Hie ocean cpjraU you f.-om France, the first consul bsholdt yoa.hi count upoa tour discipline and courage, and expects sittory ;, and when you mt uaited to your brethren in arnii, tri. umoVmr In tverv iwrt of Eii.'i.n. they wtllny of f-i, to associate vou in incir giory. mi were at Mar tinqn?. Iing live the Republic. Done at Manin'Kpe, the 3 1 Missi dor, Uthyear. ViLLARUlY la the nsme of the Fixnth na'ii. - FROCLUIATION, .StaTir or Siiur, Lout Thorn Villaret ii;eusr, ge neral in ehiwf, captsia gcusral t of M irtin k tod iti dr ntodvncie. Tuths mhabiuiits of the culm. Cilirens. . The insult, the drnre dit'iom.' the menacing attituJtof our enemy, na iorci mc to j.tce Martinique la a tute oi airgt. t Ulhii order f tLloj the military authority -.necessarily supercedes the v common law and the civil administra tion. "Ail public authority is concen trated in the hands of the general in chief. , : !.; Inhabitants of Martihitiue ! . I have establisheilthis order of government to secure your property and persons : bsfore I knew you, I defended your dearest interests, and since I hav known you, I have informed the First , Consul of vour conduct and your prin ciples", which,! am happy to say ha not contradicted my report ; you will prove to the enemjes of our country that there is no sacirifioe that you will not cheeafully make, to sustain the ho- nour of the French arms. A part ofyour contributions are in arrears. ' Thev are the salarv rF th-- brave soldiers who are ffhting for you i uasien 10 pay mem, good citizens : need no other call, the bad ViUh Ae. tected by a delay so culpable, and de- serve no farther respect ; any person w ho shall not pay all his arrears of contribution within fifteen days from, the date of the publication of the pro clamation ; shall be condemned a la-, miutaire, to pay double the amount , he owes. , . . . , , . '. To prevent any delay, I authorize the commissaries commanding the parishes, to receive the arrears of con tributions ;. they are hereby directed . 10 make tlie return to- the "public treasury, and to address to me direct au account of their receipt 1 I repeat,--that I shall refl'ard the least' delay of fulfilline this sacred dutv. n's a t'nrW confession of sentiments the most cri- minal, considering the circumstances in which we are placed. " Inhabitants of Martiniouel Thivn- vernment, of which I am tlie oriran. has treated you as children dear to her. (Whatever the event may be,' remem- , "vi mil uc uiiiii;3 ingratitude, as vrcll ashe rewards infidelity and teal. Done at Fort of France, island of Martinique, the 19th Mtssidor, th July, 11th year v of the. - French Republic. VILLARET, Captain general. c CHARLESTON. August J 8. : The French frlcate Pt f3J guns, took a pilot on board ye tenlny, uiul i now in thefcnni. tin with two captured ships, .rointhe report of the pilot, we learn that one -jofthe ships, of G!asp;w, mounting U guns, and 40 men, bound to Wil jmlngton, N. C. captured off Cape-1 (Fear, i few day since, after aa ac tion of two hours and an halft Jther, the American ship Cotton Plan ter, from Havanna bound toCowes, to Jtouch off this port for wpfdici rrp ni..4 w r ' C ' j.iv jfsicruajr uhqui ionr leagues from thelizht-house. but within ttu-ea L-ayies ofhe coast. Some of the ! r rm . ,.f ,1.. V l r . . , ,..fcw vi nc a rciicii injraie tniormeu -the pilots.' that they had fallen in with ,a fleet of Briuth mtrehant men. i- (Km (night, and raptured I J sail. It is not mown Iromwncncf! the French frlguto iconic j bite reports froia a cruise. Nkw-Youk, Aug. s. 1 he alarm of Fever subside.!. N new ewes havo been rorrtcd f'two j day. The Board of Health do not .think it worth while to rarort. R-. .VCral PcriOUS 'who were rennrA "1 ucaa, are aoout attenfling to their bu- m m a m 9 A . .inn, .iur. Anarew nacne, who, 2 diyi since, tranv cnt out to his k tler' country scat, ill with the fever, .iiintown thi morning, attending to ihe affair of hi counting house I Va (riou other instance of nearly a simi- rniurc,miSht mentioned. The weather U now Cne the wind north. Ctnlala Mt res fron t!n. K- .- .ont dispatchesforthe French and Spa nish minister res'ulimr in th ta,i ..l . Statm. lie inform us. that the It.i. ian troop were daily arrhinif i that the French troops were orkinr i an.f !.. I. .....-. . - 7 ...m luuk vii vnc jon ana csttt- v rics. August L ' CsnUin Brgdn, of the shipTlxi- tat i.oraon, i.-om I.liMn, Infarmt, that aa English frigate of 44 gtnscom. man le i by captain Woodard, out 13 hour from that place, bound to Gib. raltar, was rut a v ou Cape Su Via. cent ere all sated. Alctterfrom anoTicerof the Uni-, trd States troop, t Mir Lilimsicl.iaac,' dated I llh f Mar. V to ri 'tl I flu Sv r lde of the com iiefciil iT-incc of our liMla Sea port I can i form y iu that the dutljs paid the c ustuni h.ua l err, In tbce rr.oi,th, Uasuiuratr amounted to l9,t03dc!Urs.