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