Newspapers / The Wilmington Gazette (Wilmington, … / Feb. 11, 1806, edition 1 / Page 4
Part of The Wilmington Gazette (Wilmington, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
: 5 - .s.v 1 ' I 'A t i. l-'t .t. t: 1 1 i i S 1 I;, 1 . TO THF . President of the United States J And tbe Senate and Iltufe tf Keprefenta i jivtmj 'the United Statu tf America, in Ctnirtft Affemlled, '- -. THE MEMORIAL Of the Merchants and Traders ef the v citr or tsuADELPaii At a moment of diftrefs, and in a Teafon of folicitude refulting from a novel and peculiar affedion of the commercial intereft of their country, YOUiV ME- MQRIALISTS, as compofing a great DrOOOrtion of (hat intereft in nn rf tko principal commercial cities of the United, Kino kn.: . ..... ir..l'.:J' federations. "'A ''" ' l- C'$' .v Under the influence of a form of go vernment calculated to in fpixe confidence in. the Security of our acquifiiionv and with a reliance upon the authority of the nation, for protection and fupport in all lawful enterprifc, the commerce of the country has increafed in a manner almoft unparalleled and ha, widely extended a fpUh of enterprifc which has added to the flock of private wealth and enriched the treafury of the nation. By the exiftence of war in Europe, and our neutral Handing with the belligerents, our commerce was naturally and necefli , rily favored and flouriihing ; condoded Upon fair and honorable principles, our trade wanted no privilege bu the juft privilege of its neutral character, and it needed no favor but that. which had been yielded by the univerfal confent of civili zed nations. But this privilege, we con ceive, has been denied to us, and a jeal oufy of our entcrpriie and profperify has excited a defign of checking the commer cial growth of our country, the fruit of whkh has been an attempt to innovate upon; ancient and approved principles, and Introduce unheird of artlclesind pro visions into the code of public law. Of this defign, of its origin and extent, your ,memoria!ift, are not left in doubt ; when ' they confider the cpurfe and nature of the fpoliat ions which have been commit ted on the American commerce. For a time, your memorialifls were difpofcd to regard the violence commiitsd on the veiTels and rr.erchandife rf the citi 7cns of the U. States, as the unauthorifed - atts of lawlefs individuals ; for the fa was well known, that many French and i;anifli cruifcri were on the ocean, with. Cut legal commiflions, who feized With, out authority, and robberf-without even the form of trial. They were aware, that many intlancr, of violated ris.ht were within the knowledge of the government ; and. anticipated the adoption cf meafares Au,''5:1 ,n Put ,,PP 10 the growing intU.hiei. They moreover refleaed, thai during a war between powerful maritime Itarcs, it is the unavoidable lot of the neu tral lo incur lofs a,id fjfTer inconvenience, even from a fairexeriife of the rit;ht of tbe be'ligerent ; and to beexnofed to im pofiiion and outage, praaifed fometimes wtth the colour of authority, and fome tunes in dcfpie of both law and humani ty. Retting, however, with confidence, upon the protecion, which they regarded their governmcnr as bound to afford to the fair and lawful trader, they fubmitted to the prefent inconvenience, and referred the.nfelves to that pweaing principle, and to the integrity of the lupcrinr tri. iunals before which the feizures of their property "would be finally confidered, as the f iriiics vi a certain, though diflant retribution. It betomes your menorialifts to flatr, that the jprclHire of thefe evils his great ly increaud ; and that others of even fu fcrior mariituile have arifen, .which af fume a moit-alartningand diUrcfling form. Whafwexe confidcrcd as itregulatiiies infulceptiUle of nrcventinn, hae, by con tinuance and f.ieerfi (rentnhrrA Im rfular and ftflematic plunder. What were rccardcJ at mifchifi incident to a flatc vt war, temporary though not re. tuej.lcfi, are vindicated upon the gtound f right, and their practice is reiterated under the authoiliy of governmet.t, and receives te lolemn fanction of the law. Frmlhiijtft-tf thi'ii, jtur tr.tmir!!;, ferieixe tl tnte lie fcMta;7; nature tjjttti Hihhh may have hte made by tltir tvn iturnrntnt Jtr their relief, and flf tbe teftttji nature ta.'l ent'uipJlitn tf redrefi,tptn til tttunJi they exftflei, frtmtlejuflUetJetleri, They morcour, loicfcc, in the prevalence of the principles an-4 In 'the coniiouarxe of the praclicei alluded 10 nothing but the tuinot iodivi dualt, the dedfuQIon of tleir commerce and the degradation of their country. Cool I die Judgment or.even the chsritr of ywdrrr.emofUuni, fee lo the new doc. trnft tf the Itrhifh court, nothing but the rerll nd enforcement of aacicnt and ff(.l l.fhed principle, which friemffhip had irtaxtd, u favour ptrmiited to flum. Lcr, they might regret the departed ood, tut tovU Impute no Injuflice to the hand that whhdMW it. They ate ifiuck, howtrtt, wlh the riovcliy of ikfe d. Ubes, their unequivocal rioflililj to r.cu- tra interett and rights, tbeirinconGftency with former declarations of their miniftry and. decifiona of their courts, and with the extraordinary time and manner of their annunciation. In the refhaion, that the great code of the Laws of Nations prerents, a fyflem of reafon and right, approved by the un impaffioned and difinterefted judgment of the civilized world, neither tempering its proviGons to the wants or demands of an imperious belligerent, nor yet giving aid to the .crooked - fubtlcties of unfaithful neutrality, your memorialifls, have con ceived the rights of their nation, as a neu tral, to ftand upon unchangeable ground. Thefe rights, they cannot but belic.y e, ,extend to a free and uninterrupted com. merce, with their own goods in their own vefTels.with othel neutrals, if admitted by their laws, or with the belligerents thero felves, fubjeft to the received regulations relating to blockade and to articles con traband of war. The eftablilhed'feftric t ions on the points ju(f mentioned, with the right of examination and feargh, have been reafonably confidercd as giving to the belligerent the mil ample fecurity a gainlt the infidelity or cupidity which would lend a covert aflittancc to his anta. gonift. The policy and interefted views of a fingle ftate may call for feverities a gainlt neut ral commerce, which are neither commanded of right, nor fanftioned by ufage; but the principles of public law cannot vary with the purpofes of the po litic, nor fhift with the defigns of the intcrened. That policy, not juatce,.hat intereft, not fair and admitted precedent, have given birth to the principle, that ncu. trals lhould be refueled to the fame com merce with a belligerentfwhkh was al lowed to them by that power in a time of peace, is conceived by your memori alifls to be true. Incompatible with the general : freedom . of, .neutral commerce, this rule has the fanaion of no common ootervance by civilized nations, and can not bear that faitkful trft urhi.h ..... fair and righteous principle of the law of . uauonj win aotae. Agatnlt the loundnefs oi me principle illelt, it is alfo to be ob. cing iis currency from age to age, point to uiai iij advocates mftrar! din. me war oi 1750, as the era of its difcove ry ; and inltcad of fla by the concurrence of the civilized world, indicate its falibilitv bv a lah..rr,t ,u;i of their own ralaxation and contraclion of me rule. The efFefl of this novel principle upon neutral interefts is of the mi, ft .i - - w .vtavtW Mild alarming charafler. Ic foes to nothing Wl ,c ururucnon ot neutral com merce, and ft fituation and charaHer of the United states to nothing fhort of i,-fl flir a mojf deep and deadly wound upon their lrat. Cut your mrraorialifts cannot but con li'ier, that this principle has not the weight of a conliftent and uniform fupport by the 6-.V...UIH11 wincn protciies to uphold it. In ifJoi, the declarations of its miniflry nd the decifionsof its courts wete unci quivocally, that the produce of the colo. nies of ihc enemy mav be Imnnrt.l k. a neutral into his own country and be 4 re-exported from thence, even to the !! "?",h"-coun,'r uf fuch colony ; and l.o that landing the goods and pay. fH'' duties in the neutral country, r t ,he co,,,inui,y of the voyage, and n fuch an importation as lrga!ifes the trade, although the rilftt ii t..n,;nn.j in ihe fame yeflel, and on account of me ume neutral proprietors, and for. wfliucu i.r u e, to the mother conn- "ry. in I80J, it is decided, that landing and paying duties, doei not break the toiiinuiiy of the voyage, and that the outre of trode pointed out to the reu. ..1 a. .f, iour years Delore, as legal and f.fe. . m.utiKiory to the DeMiterenr, anJ attendcdi infallibly, mithconfifcation. W hat clear in mutable principle cf the laws of nation, can that be, jour me. morialifts would afc, which, fuopor. ted by the hiaih court i.f admiralty, and avowed by the miniflry in tSai, and which is proftrated by the minillry ard the high court of appeals In 1805 I Such a principle mufl be ronfidcred as psruk ing raihrr o the flilfting charafler of convciilence thin of that of fcrmamot right and fflablilhcd law. t The time and manner of announcing n, accord with the principle itlelf. At a moment when mticantile cnterprize, confiding In if,e eiplanations or) this r"i. fctrtn by the Driiifh miniQry to our ambaflador, was lliaiecd 10 the uimofl; a pcw decifion of the court of ippeah ii innounced, ard every fail is flretched lo co Wl the unwary Amrricini who are unrufpcaingly coahding io whit was the law ti t aiioni. After this yi, w of the piincip!t itfelh your memoiiliils would Paic, that it hi receive I a vi.ious aod aU'ne tnforce. ment. Un-'er this pretence, many A njtrican ufcU, with cargoes unaucllionj. bly American, have Urn cariicd into the pornof Great.Dritaln, charted witi a d. pitiuit fiom ccutral thataaer lo tl li lm. portart, particular. Some hne, in deed, been liberated after a long delay, and with great expence; but many are ftill detained without a clear underftand iag of the precife grounds of detention. " ,0a this ihtcrefting point, your me- to the wifdom and. honour of their-toT wiiiiucin ifl me principles tney naye feel all the confidence of juftice, and all the tenacity of truth' To furrender them they conceive, would derogate from the national character and independence of the United States. From the juftice of go vernment they hope for their avowal, from the fpirit of government, they hope for their defence, and from the blefling of Heaven, they hope for thckeftablifliment. The attention of government is alfo foli cited, by your memorialilts, to other em barrafTments of their commerce, and to inconveniences deeply affeting the. trad, ing' intereft of the United. States in a dif. ferent quarter. With a forbearance- fel dom exercifed under like circtmtftances, the merchants of this country haye expect ed retribution for the injuries irnpofed up on them by another nation. Inftead of receiving this retribution,, frefh injuries have been inflicted and even during the exi (fence of the prefent war, adjudica tions, which outrage every principle of juftice, have pafTcd in the courts of Spain, on American property- From the go vernment of that Country, between whom and the United States there exifts a treaty of frienclihip and commerce, we had the rihtMo expeft, within her ports and jurifdi&ion, perfect fafety and protection. Inftead of receiving them, it is too no torious, that we have experienced from the officers of that government when ap plied to, the moft mortifying inattention y and that, iantire derogation of our trea ty! we have boen the pointed- objeOs' of their negiefl and injuftice. The feverity of this cafe is increafed by the confide ra tion, that at the time of itsoccurtence, the very country, at w ho fe hands this in juftice has been experienced, flood indebt ed to us for fupplics eflential to it fubfif. tence, andfoLgivingcurrcncy and value to ns produa. Under this head, it defer ves alfo to be mentioned as a point not be neath the notice of government, that in our own ports and under your own eyes public officers of that nation have had the confidence to extort from our merchants fees and emoluments unprecedented and unreafonable. In detailing the general dinrelTes of our commerce, your memoiialifts muftal lo remaik, that the licence of pirates and plunderers in the Weft-Indies, has be come almoft unbounded; and that the dtfcncelefs and unprotected date of our (hipping, expofes it to the moft outrage TV"3" of "he darfnuand unprinci pled. That our feamen fliould be expofed 10 the tneaneff inf..li. ...I n .... cruelties, ard the fruit, of our i. duftry cannot but excite both fee'ing and indig nation, and call loudly for theVidand pro. lection ot government. That a bcllicr r et.t power fhould depart f.om the com mon and acruftomrd courfe ot examir.. 'fi H e flups cf the neutral, on the high s, as chance or vigilance fhould give he opportunity of fearch, and fhould fla. !on its vefTels of war at the tntranceof our pons and fcarbotira lo fcrutiniie every thing that enter, or departs, muft alfo ti regarded as attaching reproach lo the fair. l tf oyr neutral condua, and i, by no xlghtV ComPa,ib!e.wi,n our dignity or pur Since your memorialifls have 'direflcd heir attemioaio government rn the fub je hereio fubmitted, they have feenwith aitonihment a protlamation iflued by -Ferrind, an officer of the French oyfrnmerit, commanding at the city of St. Domingo, in the iflandof Hifpaniola, which they regard at declaratory of the moft outrieoi., and hoflile intention,. As an a cf an lothorifed ar,em-fan of. fictr of govemtreotj tt is confidercd a, without a parallel. Taken U its ob- io, extent it gives authority lo veflel, Io French commirnnn. i. t .m ml III I I . merlcans mi .-:., I r. . . term. Of thenrnflimitU.. ... T t.j.e... - --r. iu iniicnnite. as to leave every thing to ( difcretinn I the crutlcr. Experience ha, too fatally ( r.yvM, . oroprnj ence taxen into their pert,, ii Irretrleyeably loft. If this erndimninn K.. ifr...i 1 the auihor.iy of the Frewh nation, it vwnl(iicca as a declaration of r. If it Le ultimately 4ifayowtd by the government cf this agent, linilft & at adittint point of time, when mifchief, rreat and ruint.ni m. .... t . 1. - iiii core .under In authon y., 1, ,rt prevent thefe mirth cf, that your mctnoiialifit fwUcIt the Si I laM I vl - . - a .... -........ , Kjrrnm,nt, aro lehtclfullf J!ffk !r ' iV' "l'f neafati Uonal fore Coua,crle'l J -ur na. Ucdcr ti e prefTure of ibis flue ofiUrrr. jour inemotUlifl, have tho,:fh empir. freelv lo tr.V. t .l?;. J ' mcnt the irjunci faHalned and nTiUti. ed by the commercial interefl of the rrun 4try. .They feel ihemfcf' ires bound a ad drefs to you their firttvpffujion U at the amount of lofTes fuiiained by the rrcrch ants of the United States from u.v'awtul depredations, would of itfif h-r.ffi -;., hToefray the expence of an armament ad- vt",;r ptwijfmoii or tneir commerce. As citizens, hey claim protection ; and they concefve that the claim is .enforced by the confidefation, that Irom their in duftry and cnterprife, is coUeded a reve nue which, nb" Dation has been able, to e qual, without a correfpondent sxpenfc for the protedion of the means, VA this fair and candid ftatement ef the diftrefs andexpofure of the commerce . of the. United State's, your memorialifts cannot but ftel and exprrfs extreme foli citude for the polfible event.' In perfect confidence that their foreign commerce was (heltered not only by the law of na tions,, but by txifting treaties with fome ofthe- belligerents; and by the explana tions given to the public Jaw bv another, . they have extended' it to every' fea, with'1 no oilier fecurity than a reliance on Vhnfe treaties and explanations, -. It is i courfe -defcucelefs, and liable to arieftaiion by the moft inconfiderable force. It may then, be naturally foppofe, that ycur v memorialifts look withanxiety to the remedies which may b applied to thefe preflings evils. Typreferve peace with all nations, is admitted without refervc, to be both thcyintercft and thcpoHcy of . the, United jSfates. They therefore pre fume to fugged, that evety meafure, not .tnconfijlent with the honor of the ration, by which the great objeas ol rediefs and fecuruy may be attained,, fhould firft be . ufed. If fnrh m.fur.! a. ir..r : 1 "icvcr may oe the lacnhce on their prt,.it will be met wi;h fub.uiflion. But , whatever meafures may be purfi-ed by" the.r government, your meinoriahlls ex- -r-prefs their firmed faith," that every cau tion will be ufed to preferve private. pro- peur-and mcrcanfi,e crct5 f'om violation. W ith th fe obfervations, fubmired with, defcrenceard refi efl, to th l'r'tfident and Reprcfemaiive Body, it .remain: cn'y to add, the hone of your men oiialUs ut vn fubjefls of fuch deep and ex'enfi-,! - con. cern, fuch meafures will be'adnpvj, a( confift with the honor and inttrtit of the United States. 1 ' . Signed by the tfninimous order, and on behalf of a General McetJr g of h- Mer. chants and Traders tt the CUy of Phi. ladelphia, convened on the io'h Janui. ty l8c6. 4 THOMAS FITZSIMONS. R. E. loiKrt Secretary. A-gentleman in town has received a letter from V aihington, which mentions, that the Innir. f l..kt.. .1 ! .i... . . ... I M MM wr.v. v, mu.it uui ing iuc nuing with closed doart, had been much contcted. Our relations with Urilain, France 8c Spain, wear an anxious aspect j it is impolitic to form a probable conjecture about ptace and jar ; in the writer' judgment, peace with opsin is the more probable event.. Not a syllable hes passed in he House of Represehtatives relative to an embargo, as has been reported abroad. t It would seem, from the Bill introduced into the Senate of the United States, and now under consideration, that something ef.' fecttial will be done by Congres, to prevent the impressment of our seamen. Tbe feel, ings and wishes cl the American people on this subject, have been often expressed, and are now in unison with their Representatives. Kemonstrancca and representations to the Bi itiih cabinet havebtcn of no avail, and ft is at length time that we should resort to those means which will iWe the liberty and safety of our gallant tara. Let the Bill alltv uea 10, be enacted, ana e shall soon per. ceive the efficacy of adopting bold and deci. eivt measures ,rttriburg Inuliinca, , . The Norfolk Herald of Tuesiiy. says, " We have It from pood authority,' that the best Suptrnt flour 11 q wiling at Alexan dria and Fredericksburg, at six dollars, and 6 ddlara 50 centa-and iVr la Richmond at 3, and 5 JO cents." , Zttraci tj tetter frtm Afw.lV4A iUi llhjanwuy. " Here we are sll in a Illaie, fc tbe saerch. ant, ready almost for a noo-iatertoursa act. The packet brings an account of the deten. tion, in r.rnii,h ports, of 5vC vessela, from this port, bound tt Amsterdam." - Tk!,tForl, lJr lhe ,r"'' Wlfeni ricus IV, from IJbon, are, that the Court of Spain is more favorably diiposed towards the t tuted Stats that they bd agreed to m.La compensation for spolUtiot corttnitul hr Ibeir own subjects 1 tut would not connnt to pay fwrihove made by French c'.Unens in Spanish porlsAdrolral Crat.'aa M only ..jhtly wounded in the lit action, and Is ovt deadThe alpg tf Prussia td joined the coaationl French troops wvrt reported ?. rV.t?,.'.1' ,,00U P'iwocr, shortly afur tbe fall of I lm ' t All kinds of Shipping Blinks and Seamen's Journals for sale at this prinUng-oflicc. - . A 1 i r - 9
The Wilmington Gazette (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 11, 1806, edition 1
4
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75