HAL Ls m I L M I W Q TON GAZE T 7 F. No. 77. THURSDAY, J U 1ST E 21, 1798, Vol. II. J DISPATCHES, (Concluded from our faff. J The general terms too in which this de fjree is conceived, threatened but tou cer tainly the mifchicfs it has generated, and the abul'es which have been practifed un der it! Neutrals are to be treated as the) fhall permit the Englifh to treat them. Ho rule extracted from the practice of England it laid down, which mipa go vern the cruilers of France, or hdtruct the veifleli of neutrals. No principles are Hated manif elting the opinion enurtaiued of the treatment received from England, which might enable neutralj to cwti oert that opinion, and to hew that theEnglifi. "were not permitted to treat it fts j$ was fuppofed by the government of France. To judge, t com the ikcrre 1 1 lew, rcom any laanmgr en cot'ceritinjt it, or from .the practice under it, thole who were to be benefitted by its abufew'ere to decide in w hat -manner ic would be executed, and thecruiler who fhould fall in with a valua ble vellel had only to confult his own ra pacity, in order to determine whether an Englifh privateer, meeting a veflfcl under fimilar ctrcuniltances, would capture and bring" her into port. Multiplied exccfles. accumulated vexations could not but have been apprehended from Inch a decree, and the fact has realized every tear that was entertained concerning it. It lias been conftrned even in Europe toauthorize the capture and condemnation of Ame rican veflels for the fingle circumltance of their being dellined tor a Bntilh port. At no period of the war has Britain under taken to exercife locn a power. At no period of. the war has the aliened Rich a power, At no period of the war has flie aliened fuch a right, li is a power which pr oil rates every principle of national fo ereignty and to which no nation can fub twit without relinquishing ac the fame time its belt inrerelts and facrificing its dearelf rights. This power has been e xercifed by France oh the rich and unprotected com' luorce of an ally, on the preemption that tfei airy urea futtaiittug the iai lojunr from Britain, at a time when it is U-Iicv. ed that the depredations of that nation had ceafed, and the principle of compenfatiug for them had been recogtized. In the Welt-Indies fimilar depredations have ben experienced. On the lit of Augull 1706, the Ipecial agents of the Executive Directory to the Windward If lands decreed, thai all veflels loaded with contraband (houldbe feized and con filiated for the benefit of the captors. On the leventh Kriiuaire, 5th year of the French Republic, one and indivifibJe, (27th November, 1 7o) the com million, delegated hy the French Republic to the Lcewanl Irtrnds, refolved that the captains of French nation), vcfl'els and private n are authorized to (top and bring into (he ports of the colony, American veliels bound to f .M ports or coining trout the faid porta On the nineteenth Plaviofe, th year of the French tlepuolic, one and indiviiible, (February id, 1797) Victor Hughes and Lebas, the Ipecial aients of the Executive Directory to the Windward llhnds, paf fed a decree, fuUjecting to capture and confutation neutral veflels deftiucd for the Windward and Leeward Mauds of Ame rica, delivered up to the Englilh, and oc cupied and defended by the emigrants. Thefe ports are faid to be Martinico, St. Lucie, Tobago, Demerar.i, Her bice, EC fequibo, Hort-ao-Prince, St. Marks, L'Ar chaye, and Jeremie. Toe decree alfo fubjeett to capture all veliels which have cleared out for the Wcit-liidtes generally. The underfigned will not detain you, citizen minifler, for the pttrpole of prov ing how directly and o;euly thele decrees violate both the hw of n it mm ami the treaty between France and the United States. They have been execute 1 on the officers and crews of the captured vcrTeW in a man. ncr, by no means calculated to mitigate their rigor - Tbe decree of the fourteenth of Meffidor mat fvrn followed by another which bat fptr. ed but little of the American commerce, except wirttt hat fortunately efcaped the pur, Juit of tie Cff'-fert of France. On the twelfth VtWhjet $tb year, id March, the Executive tfehry entering the treaty ofamity, commerce and navi gation cone lud-d at London the loth ,Y-, vembrr, 1794, between the faid United St iles and r-.ijmd, at conttinmi cince- Jiont of privilege to flritain wicht under I ihe treaty of February 1778, miht be c-i-l buvitig on board iknemies property, or of carrying to joy ed by this Rt public alfo, proceeds to mo dify the treaty between France and the V- nited States, by declearme enemies goods in American bottoms liable to capture and conff cation ; by enlarging the lift of con traband and bi fubjed to punifbments as a pirate any Amet u un citizen holding com. mijfion given by the enemies of France ms wen as every teamen or ttmi namn, malting a part of the crew of enemies Jhips. 7 be decree next proceeds t$ exad. f rom Ame ricans papers which badbeen made neceffatjt property of an ette. vember, 1794, all merchandise ot the enemy, or nier- the enemy any of rjfhai.rJize not juf- the articles which ire contraband of war the laid veflels fhall be brought o the rieartlt or molt convenient port and it ai?y to eOobtifbthe neutrality of foreign Vejfels. generally, by the trdinunce of the 6tk of Juhf 1778, but which boa never beep cork sidered as applying to tbe UniteJ t States t which required papers their vtffels coufaX nWlxfuppoM to ,poffefnaky'9oea- treaty between the two nations was fuppafia., to bave rendered unneceffary. the basis taken by the Executive Direr tory, on which to reft their modification of the treaty of tbe sixth of February 1778, is tBat by the treaty ofthe nineteenth of jjVdb vember. 1794, particular iavours in rcf. peel of commerce and navigation bttve been granted to England. It has been demonstrated that no parti cular favours in refped? of commerce or navigation, havebeen granted io England. That treaty has been hewn only fo i recog -nize, regulate, and moderate the extrctjt of the rights before pofft (fed, and befurt openly acknowledged to be poffeffed -rights which France and America had reciprocal ly ceded to each other, without requiring, as a condition of tbe cefjion, 'that either fhould compel England to form a fimilar flipulation. But to admit for a moment that the treaty with England might be confidered as itipulating Javors not before poflefled, yet the American government did not lo uudcrltand that treaty, and had manifeft ed a dilpofition to modify, by common , content, iu relations with this repuofi in fuch manner a to reinua;e a rule, which has been voluntarily changed. U cannot hut be fincerely regretted, becaufe it leem. ed to indicate an unfriendly temper, that France has deemed it more eligible to el tablifli by force, in oppolition co her treaty, a principle which ilie deemed convenient, than to fix that principle on the baits of mutual and amicable agreement. But the claule under which thefe mo dification, are juftified is in thele words s ' The molt Chriitian King and the Unit ed States engage mutually not to grant any particular fovOr to other nations in refpecl of commerceand navigation, which fhall not immediately become common to the other party, who Ilia 1 1 enjoy the fame lavor freely, il the concelfi on was freely made, or on allowing the fame compen Cation, if the concellion was conditional." If thefe ftipulattons unequivocally amount ed to the grant of tvors, the grant is not gratuitous. The concellions on the part of the United States are made on condition of fnuilar conteliionson the part ut Britain. It therefore France entiles to conftder them as modifications of the treaty of 17,8, flie can only do it by granting the reciprocal condition , on this fuppofnion Ihe h . either of the rules bi Iter election, but fhe cannot vary from the tn it without a compact on her pari to grant the reciprocal Uipulation. Such a compact u in the nature of a national treaty. Out the rules laid down in the decree of the 12th Ventofe, 5th year (March 2, 1797) as founded on tne 17th, 1 Sin, md 21U articles of the 19th of November 1704 are materially variant from theie tr tides. To drmonlti ate this it is only iieceflary 10 contrail the rules of the decree with trie-articles of the tieaty on wh:ch thole rules are hid to be founded. my fhoula be found on board fuch vtf- f el, that part only which belongs to the enemy (halhe made prize, and the vef- 1 el ilndl be at liber if to proceed with the : remainder without any impe diment. And it is agreedthatall pro , per meafures fhall be taken to pre vent delay in de. ciding the cafes of ifiips or cargoes fo-bronght lor id. 'judication ; and in the payment or recovery of any indemnification ad. judge.d or agreed to be paid to. the owners or mafters of fuch fhips. ficiently proved to be neutral, laden under the Ameri can H-g, mall be confilcated, but the veflel on board nf which it fhall be found, (hall be rdealed and re Itorcd to the ow ner. It is en joined on the Com. riiilTariea of the Executive Direc tory to accelerate, by all the means in their power, ihedecifion of con. tefts which fhall arile either on the validity of the priztL cargo, or on the freight and demurrage. Article of theTreaty Rulet effablifh oy o; the i9th No. thearreteof the wmher 1704, as j r,t'd by the Di- lediry. AkTIi I.R 17. It is agreed that in all tales where riMi fh I becap lured or detained on mil lulpKioii of Dire&ory, Kut r t. Accor.lingtothe fes'enteenth article of the treaty of London, of ike nineteenth oNo- According to the article, when on it.fi fafpivion of having on board enemy's pi o- Pey. or f carrying to the enemy con traband of war, a vtfiel fhall be brought inso'porr, that part Only which belongs to tbe enemy fhall be made prize, according .0 tne article, men the tact whether the pcrty does or doe not belong to n enemy is to be fairly trier. 1 he pav who; would eflabhfh the fact mufl prove it. The captor mull Uiow thejuftice of the fufpicion on which the capture or de tention was founded. The burthen of the proof rells on him. if in truth and in fat the property docs not belong to an enemy or is not proved to belong to an enemy, it mull be discharged. But the rule purities a different courfe. The rule declares that merchandize of the enemy, or not Jufficientiy pr oved to be neutral, la den under the American flag fhall be con filcaied. The burthen of the proof is liificd front the captor to the captured. The quellion to be tried is not folely whe ther the merchandize be in fact: the pro perty of an enemy, but alio whether ic be fufficiently proved to be neutral. The lufficicncv of this proof is to be afcertained not by general nd fatisla&ory teftiniony not by the grand principles of truth and the common tuderflanding of mankind, but by the exhibition of certain papers deruandable at the will of one of the panics, and not in the pi Hellion of the ther. This may be a regulation wlmh France hook, to eflabhfh; but cer tainly it if a regulation, eflentially Vari. ant from the article It prolefles to refemble Article 18. Rvle 2. In order to regulate According to the what is in future to 1 8th article of th be efleemed contra, band of war, it is a greed that under the faid denoatina tion fhall be com prifed all arms and implements ferving tor the purpofes of war, by laud or hy ka J as cannon, mill' ken, mortars, pe tards, bombs, gre nade, rarc.fletjfaU' ciffe carriages for cannon mtifket refli, bandoliers, gun powder, match, hlfpetre,ball, pikes, fwortU, head pie ces, cmrallci !ul berts lances, jave lins, horfe furni. treaty of London of the 19th of Novem ber, 1794, to the articles declared Contraband by ihe 24th article of the treaty or the 6th of February, 778, are added the fol lowing articles 1 Timber for Oiip. building, pitch tar and rolin, copper in fheets, fails, hemp and cordage, tod ?very thing which ferve' directly of in. dir telly (or the ar mament and equip, incur Of veffels, on- wrought iron and fir piinki excepted. Thefe feveral .arti cles fhall be crnfif-. cated whenever thty fhsll be del tired or attempted to be carried to the enemy. ture holftars, belts, and generally all other implements of. war : as aifotimber for fhip-bui!ding, tar or rofin, cop per in fheets, fails, hemp and cordage, and generally what ever may ferve d't reFlly to the equip merit of veffels, un- w rough iron and 1 ; r fir plank only ex- - cepjed. '1 he immenfe number of articles, w hick may ferve indireClly for the armament and equipment of veflels are made con traband by the rule of the Directory) though they are not fo by thj article it profelles to cite. ft . jn J 1 CLE 21. It is like wife a greed that the fub jefts and citizens J- Rule 3. .. . According to the 2 rft article of the treaty of Lendon of of the two tiatioji the lothofNovem mall not do any atts ber, 1704, cv ofhoftility or vio knee again ft each other, nor accept comniilfions or in ftruclions lb to ad from any foreign prince or ftate ene mies to the party ; nor mail tile ene. mies of one of the individual known to be an American, who fhall hold a commifiion given by the enemies of France, as well as every leamen of that nation making a part of the crew of enemies fhips, fhall parties be permitted by that acl be de. to invite or indea- dared a oirate and a - vour to enlift in their military fer. vice any of the fub jefts W citizens of the other party ; r treated as fuch without being ah lowed in any cafe to alledge that he was forced to do ic H - atid the law 3 againlt by violence, nens all luth ofteaces ces or othcrw ife. ..j JgA'cilion. fhall tv punctually exe cuted. And if any lubjtct or cititen of the hid parties rcf peclivtly ill nil ac cept any foreign cuininflion or letters of marque for arm. ing any teflel to ad as a privateer againfl the other party, it is hereby declared to be law lawful for the laid party to treat and punifh the faid fub jecl or citizen, hav. ing fuch ccmmifTion or letters of marque as a pirate. The government tfihr United States has never formed a treaty crnprehmd ing an at tide in any degree fimilat t0 tliif rule. It has never aiTenied 10 inch fh. pulations as they relate toitsowncitizei s, or require them as they relate to thole of other powers. The diHerencc l.r :ween the article and the rule requites no comment. Nor will the rule be coat mrnted on. The underfigned will only obferve, that the article is by no means uncommon, but is to be found in molt treaties of amity and commerce. The tft article of the treaty with France, the loth of the treaty with the United Pro vinces, the 23d of the treaty with Sweden, and aoth article of the treaty with Pruf. fia, contain fimilar flipulaticns. It U not ealy to conceive a realon why it fhould not alfo be inlerted in a treaty w ith Eua land, or why its infertion fliould give of. fence to France. but the fourth rule of the decree is in its operation the moll extensive and the moll fenoufly deltruclive. That rule declares, that " conformably to the law of the 14th of February, i;07, the re. gulatioas of the alft of October, 1794, and of the 26th of July, 177!, concern, ing the manner of proving the property of n'utral fhipt and mei chat,dize, fhall he executed according to their form unci tenor. " fcery American (hip (hall therefore be a good prixe, which fhall not have on

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