mi. ,-.' : " ' !i- - til ' -' RESG i 1 S . N O R T H -C A R O L I N A WEEKLY ADVERTISER " uri are the f Unt of fair delightful Peace, " Unvrarp'd by Party Rage to live Ytkc Brothers." Vol I. Tuesday, November ig, 1799. No. ,5. E S jp1 S "Ol ' J'. ' .' " j ,. '" , Vi- I . THE FOLLOWING brerbattan5 Or mutual elaimt of the Briti(h and American ' rations, tLc CtreiHons tt thtir CoaiatiiSnnen, and : the eventual flate to which thinj are reduced a ' fubrt wliii hu ill bo doubt claim the ferinim attenti ' n of every friend fo the right arid peace of hi roun ; trv, are written by Charle Pinckney, Efqr. Seiiacor j of tl e United States for the State of South-Carolina, ' andte Covctnorof that State, , j FELLQ1V- CITIZENS, THPM, Aiffmryr rfniAiniJ the conftruftion: of treaties is about to take place, between Na tions long in the habits) of intima cy and an important commerce with each other, it as of infinite confe qnence to a government or its' citi ?ens, "tp,be able to fhow that they are not in the wrong: that the contrac tion they infill upon is a proper one, and that they are governed, net onlv by principles of the moft cx atl fu ft ice, but aifo'of the moft ho norable and Hberal policy : . that dif daining to be bound by narrow and rigid limits, they are will ing to give to the inflrument every latitude its intention will juftify. But that the points contended for by their oppo . ncnts, being neither within its let tercr meaning, they are) obliged to refifc them, for reafons which, with deference and refpeft, they fubmit to their countrymen, and to an en lightened tnd impartial world. It "will always be painful for a people fo unambitious and fo little difpefed to controverfy as the Uhi States, to contend .with any natiori upon points on which they could with truth be charged with the fmalleft departure From the moft exafl and honorable juftice; op jwithnbt complying with flipulati ions, folemnly entered into and rati fied by their government. ! The relative fituation of Greit- Britain and the Un ited State;; is fucH as to make this difference peculiarly . idiiagrceable ; they are fo corinefted by commerce, and. their trade is fo reciprocally beneficial, that except the prefervation of their national honour, I know no objeft -that is to be put in competition with it. ' trhereare few countries whofelitu-' ations enable trrem mutuiily t& ex tend and receive fo many advanta ges, and certainly few who ought to have lefs appr.ehenfions of danger from each other.' The benefits to; be derived to! each from pczce and an undifturbed commerce, are in calculable. Toblcfiir.gs like thefe, all tubordinate confideratiorts fhould yield. Separated as they ; are by an ocean of great extent, and differing in climate and fituation, where, I will afk again, has Great-Britain fo excellent; a cuflomer ? They, a great Manufufturing People ; we, a Nation of Planters, fending them bur valuable' materials and produc tionsj and taking from them in ex change, their manufactures and lu perfluities. Her minifler has often . boafteil, that, in lofing America, they laftnching but territory : that our trade with Great-Britain was greater than ever: and a late writer confeffes, that in purchafing fix millions, annually, of hcrmanufac tures, We were the bcfl foreign cul torni rs the Englifh had. How, im portant an objetl then is it to them to U;cure fo great and fo growing a purhafcf ? -one not much inferior to tijiem at prefent in population, and vhofc unparalleled increal'e will make them every day a better. v ... j While pofleffed of fo much more . tcrrutory than we can people, it mull for many years be the interefl of tt:e United States to be a land of hufiandmen : they can purchafc cheaper than they can manufacture, an the rapid extenfiori of their a grictilture -will prove the moft folid ipearis of promoting tiie itrength and riches, and of protecting the Qioral t,f their citizens. I Oa1 every ground, of . policy as Well as ; humanity, in which the fi tuatioauof the two countries can Be Viewed it is fo much 'iieir intercit to be at; peace with each other, that it becomes all their rue friends to inVcrpofe their bell fcrvices, and by rnodcaatlion and conciliatory mea fMres5 prevent the moft dreadful talari lit that cai. poflibly happen tp eithf r '-I- m t jl know I have been fre uencliy iceufed of improper partia lity toj one nation, aid undelerved nmit to another. Convinced of tt!C Paj: 'ty f my motives, and that li A ciens asd zneafwres I have .T vv advocated, were founded in a wifh to promote the real interests of our country, I have been long accuf tomed to defpife both public and and private calumny. Believing truth and reafon to be on my fide, I have always ufed them as ray ihield, again ft the fhafts of error and deception. Well knowing the confequences of war, I have exert ed ; myfelf as much as my feeble in fluence would permit, to aflift in averting its evils from our fellow citizens ; and in doing fo, have dif fered from many, whofe fehtiments I ftill refpea. Confiftent as I truft ray public opinions have al ways been, I ftiall upon the prefent occafion ufe the fame unwearied di ligence" to arrefiV the hand of vio lence, and prove to both people the error of that opinim which could prefer hoftility to pcacef or force to temperate difcuilion. It is the chara&ei of Monarchies to delight in war ; thepride of con queft; and a defire to rule, invaria bly govern their councils. To love peace, and cherifhall its milder arts, fhould be the policy of every wife Republic; for norie but the raofl important reafons, ought they to fly to arms. It is only in the laft refort it fhould ever be thought or;;. When "moderation and dilciif. fion have been exhaufted, and eve ry -honourable means to prevent a dif ierence have tailed:; when points unfounded in juftiCe, and ruinous in the extreme, have been urged, and nothing fhorc of an uncondi ti bnal compliance will be accepted; then, hxxt not til 'then, can a Repub lie be juftified in committing their mtereilsand iafety to the uncertain events of war: thent and probably not before, will all their citizens te convinced of the moderation and e quity of their government, and be reaily to fupportalnd defend its rights. ) Theie refleftiorrS have been.occa fionedby the awful and alatming ftate to which things are reduced between Grcat.Britain and the U nited State?. Finding that our ci tizens feem not to he apprized of tneir ntuation, ana anxious that they fhould be prepared fo in e vent, which, ; in mv judgment, no thing but the utmoft pruderice and forbearance on both hdes will pre vent ; I confider it as my duty to inform them, that in drawing for the I 5th Commiffioner, under the 6th! article of the trcatVi with Great Britain, the Britifh Kayebeen fuccefsful ; that in confequence of obtaining, this decifive majority at the board, fuch principles have been eltabiiihed by them as have o- pened a door to claims amounting to many tnilhons claims fo great indeed, and the principles lb ruin ous to the interelts of the United States, and fo clearly not within the meaning of the treaty, that the American CommifTionershave fece- ded from the board. It is menti oned in the papers, that one of the Britifh Commiflioners is returned to England; and it is faid, with great appearance of truth, that the Cornmillipners in London, under the 7th ai tide for deciding upon the cafes of the vcfTels captured by the Britifh cruuers, in in a, and 1704. have alfo feceded : if thev have hot already, as foon as they hear of the fecefCon of the American! Com miflioners in Philadelphia, there, is no doubt they will retire as a matter of courfe. The increafe of tbe cap tures of our vcllels by their cruifers, i Itated m mv laft addrefs to you andjour fubfequent accounts do not warrant a belief that thev Will be leuened. thus are.things return ed to the fituation la which they were in the ipring w 1704, wh the then Prefident (General Wafh ington) fenti Mr. Jay, as Envoy extraordinary to london to adjult them: at lea ft fo far as refpects Britifh claims for debts, claims for captures ofmeficarveffels.and the violated honour oj our government. It is true theBditifh Government are fin ce in ppiTemon of-a treaty, under vhich, they 'have atempted to fup port thefe clairns, but as they are ruinous, and totally inadmifli- ' ble on our part, the exiftence of I the treaty only contributes - to jin- creale the delicacy and difficulty, of An Atldrcfi on Uie fubjetof th captuic our fituation, and to make. trie ad- juftmeni. of differences jels eafy. In order to give a correct iview of this fubjet, it will be neceffary to ltale thebtlvarticle ot the treaty, which is in thefe words. At. VI. Whereas it is alledgd by divers Bntilh merchants irid others his Majefty's ubjcdsj that debts to a confederaole amount, which were bona, fide coRtra&ed keftwe tne Peace, ftitl remai n wing to thcxa By citizens or inhabitants of the United States, and that by the" operation of various .lawful impedi ments fiace the Peace, not only the full reco very of the (aid debts, has been delayed, bur alio the value and lecurity theieof hae been, in feveral iallances, impaired and leirTened, lo that oy the ordinary ourfe f judicial pro ceedings, the Britifh creditors cannot now ob tain, and actually hare and receive, Jull and adequate compenfalion tor thelofles and da mages which they luve thereby l'uftained : it is agreed, that in a.l luc,h cafes, where full compenfation for fuch lofiesanjd dasriagps can not, for whatever reafon oe actually obtained, had and received by the faid creditors, in the erdinary courfe of juftice, the United States will make lull and complete coaapenlatioa lor the fame to the lau-i creditors: but it is dif. tintlly underttood, that this provtuon is to extend to fuch Icffesonly as have bernocca fioned by the lawful impedim'eius aforefaid, and is not to extend to - loiies otcahOned by fpch infolvency of the debtors, or other caule as would equally have operated to produce l uth Ufs, it the faid impediments had not exifted, nor to fuch lofles or damages is have been oc cafioned by the maiiifeil delay cr negligence, or wilful ormllion, of the claimaat. Fer the purpole of afcertainicg the amount of any fuch loffes and damages, five Cominif fioners (hall be appointei and authorised to meet and aclt in manner following, vit. Two of thtm lhall be appointed by his Mefty, two of them hy the Frefident of the -United States, by and with the advice and coofentof the Senate thereof, and the fifth byttte una nimous voice of the ether four ; and if they fhould ht; agree in fuch . choice, then the CemmiHioncrs named by te two parties fhall refpeftivefy ropol'e ne perfon, and of the two names To propoied, one fhall be drawn by lot, in the prefence of the four original Com miffioners. - When the five Commiffioners, thus appeinied, fhall fir it meet, they fhall, before they proceed to act, respectively take the following oath or affirmation, in the pre fence of each other, whlch.oath of affirmation being lo taken and duiy altetUd, fhall be en "eered on the record of thejr proceedings, viz. ' I' A.4B. one of the Comraillioriers ap pointed. in purfuance of the 6 th article of the Treaty of Amity, Commerce and Navligation, between his Britannic Majefty, and the United States of America, do feiemnly fwear, oraf firin, that I will diligently, impartially and caretujly examine, and to the beil of my judgment, according to juftice andlequity, decide all fuch complaints, as under the faid article (hall be. preferred to the i'a.d Commif rf fioners; add that i will forbear to idi as a CcmmilfioHer in any cafe in which 1 may be perfonally interel'ed." s . Three of the faid Commiffioners fhiall ccn ftitute a board, and lhall have power to do any aft appertaining to the faid commiilion, pro vided thatone of the Commiffioners named on each fide, and the fifth Comrnifiionei Khali be prefent, and all decidons lhall be made by the majority of the voices of the Camihilfioners then f refent ; eighteen months liom the day n which the laid Commifiibncrs fhall form a board, and be ready to proceed to bufiriefs, are afligned fot receiving complaints and applica tions i but they are neverthclcfs authorized, in any particular tales in.n'uch it (hail ap pear to them to be reafonable and jult, to ex tend the -laid term of eighteen caontihs, for any term not exceeding fix months after the expiration thereof. The faid Commiffioners diall firft rneetat Philadelphia, but they fhall have power to adjourn irdm place t placej as they (hall fee caufe. j ' The faid Commiffioners, in examining ihe complaints; and applications' fo preferied to them, are empowered and required, in pur- luancepi tncj true imcmauu meaning oi mis article, to tak'e into their confideration, all Claims, whether of principal or iintereft, or balances of principal and iRterejlr, and determine the lame refpecVively, axiording to the merits ot the feveral cafes, due; regard being had to all the circumstances thereof, and as equity and juftice fhall appear to them to require. And the faid Commiffioners (hall have power to examine all fuch perjfons as (hall come before them, on oath or affirma tion, touching the premifes; and alfo to re ceive in evidence, according ac they may thiak moft confident with equity and juftice, all wriiten deppfitions, or books, or papers, r copies or extfads thereof; every fuch de pofitioi, book, or paper, or copy, or eztraft, being duly authenticated, either according to the legal forms now refpetivey exifting in the two countries, or in fuch other manner as the jfaid; Cemmilfioncrs (hall fee caufe to ; The award of the fatd Coramiffiodera, or fan j jiteertbe;Sfre fa id, fh in U eafesjbe final and conelttfive, botlvai ,'tojthe j udice: of th.e claim, and. (e the amount oi Uve fumtobe paid tothe creditor or clatmant;nd he -Vnted;Stai to caufe ihe fum f aw41-WIi;lft ff t Mc9 er" ditor of claimant, witheWdeJuftrori and at the fame time or tunes, and at fuch place r places ias'fJuU be awarded by. the faid Com- miwones; and on conditions of fuch re Icales jor affigaments to be given by Creditor; or claimant, as by the faid CommllTioaers may be li retted: provided always, jthat po fuch payment fit all be fixejd by the faid-Com-raiffioaers to take place foaer than! twelve momh, from the day of the exchange ot the ratifications of this Treaty. j 1 if : I ' ffr:'. ; 'i Froni anattehtivev examination rof this aHicle; it will-be found that other fubjls of his Britannic ma jefty, are entitled to recover under it : that they mufVtorovc their loffes have been fullained by lawful im pediments arifing from trie public authority of the government : that they have not arifen from the infol vency of debtors, nor occafioned by thefe impediments, but 'owing to caufes unconnected with them . ; that they have ufed due diligence to reco ver thefe debts ; and that no wilful ngligence,-. omiflion or delay could be imputable to them, in their at tempts to fue and recover in the courts of the feveral States. . Thefe muit appear to every unprejudiced examiner, to be thct duties eftab lifhed by the treaty as neceffary to entitle the cjaimant to recover.. .In deed it leerns not only to confine the defcriptiori of clSimar.ts to debt ors, but to render it absolutely in cumbent on them firft tp havebro't fuit, and legally prove that the par ties r their representatives, who were their debtors, were' iftfolvent, or that their property was removed, or not to bedifcovercd, or mauc lia ble. 7"his is fo clear an explanation of the article, triat I was aftonifhed to find in' the cafe of the Right Re verend Charles 1 nglis, Bilhop of No va Scotia, and who was formerly clergyman of &e w-York ,.and -whole eftate was confiscated there, the three Britifiv commiffioners, Afr, Mac don aid , Mr. Rich and, Mr. Guii limard, had, by force of their majo rity, attempted toeftablifh ivfubjlance the lollowing decnion. l nat ine date of the treaty was the point, of de parture ; and it fhould depend up on the board, under the circum- Itances of every cafe that may come before them, to agree or not as they fhould-thihk proper, to admit the claim of a Britifh fubjeft, who had been banifhed and his.eftate confif Cated, although he had not fued his debtor in the courts of the State where he was refident, and although it wasprefumed, and indeed alledg ed, thedebtor was folvent : in fhort, that the board would always leave themfelves at liberty to judge of the ciicumflances under which claims like this might be fuftaihed, and how far it was or Was not incumbent on a claimant to have previoufly afcer tained, in a legal manner, the infol vency of his debtor. And in the cale of Cunningham & Co. they ex prefsly declare,, that the board would in all cafes in which they ..-4 thought proper, exeicife the right of granting to claimants full com penfation from the United States, Jor all the inter eft durivg thc tuir, which had been denied to them by the American judicials : and they termed this, denial of interrji dur ing the war by our judicials, that ' lawful impediment" which bro't the claim within the letter of the treaty. Had the board continued to fit, or to decide upon claims under the latitude and extent ot the princi ples above ftated, the three Com miflioners, being upon all occafions a decided majority, would have loaded the tieafury of the United States to an amount, in mUlionc, that our citizens can at present have no idea of. It is for this reafon our commiffioners, Mr. Fitzfimons and Mr. Sitgreaves, have feceded ; arid lamonly aftoniflied that Lord Gren villc and Mr. Jay, who jfprfhed the treaty, or, that either the Britifh or American ' Government could have expected from fich ati article, any thing but dilagrepment and le ceifion j that uifteadi of healing, it would widen the brtach, and open Jiuch a door tp fraudjimpofition and perjury, as 9ad noq yet been wit neled among us. How was it poi fible for men the lea it acquainted with tri feelings j add partialities of the human mind, to luppoie that Britiib and American Commiflion ers could meet to arbitrate upon claims ipringing frorn our revolu tion, but wish the moft dilcoraant opinions? Could ! he conlequen ces of exile, confilciiion, or ful- pciifioni of the rights of Bntifii lub- jeets, which the pteihng. htuation or aitairs iieouently renderea ine vitable,: be viewed by ; them' with the lam eyes ? Or ought it not to be expected," as hasi proved to be the Vattel, hb.Aj iMid wir, itc. ixxo; both contend that a Treaty mlyiifubjcCU or citucac w a if.i-ij fprutj-'ht cfae, that they, would carry into their.arbitratibns all thofe palfion and prejudices . which have fo inva riably actuated the fubjects and cili- zens of the two powers, whenever V thofe points have come into contro verfy ? I n con ftru din g this article. the negqeutors ieem to have beea- els guarded and explicit, tnantney fiiould have been on queftions ojE uch great copfequence, and in.' which fuchdifrerenccs in opinion were to be expected. ... It is trom this conudcratipn, that I hope the forbearance and concilia tory temper pf both governments will derive, the experience that is now found to hav been, neceiiary to s the amicable adiu fl ment of our mu- tual claims. Thpy will Jiereaftpr be? conwnced thai the nature and limits ' fas to date) of the. claims, tutth the: Particular defcription of the creditor f who are to be entitled as it rejpetzs the Brituh debts 9 and the nature of the claims ajid proof as, it refpecls the American deinands for . Jpoliations9 mufl be exadly defined ana fettled, by ncgociators,. poiielhhg liberal and Well-informed mind by men inca- J pible of being prejudiced by paft tran factions, or the former fituation.: of the two coifn tries, and who will take an enlarged view of; the fubjecc . av it ought riiow to be conlidcred. i o Mi n i fterlliike t hr fe, the adjuftment will not be difficult. fTo the Br - r tifh Negotiator, particularly it wilt' at once antrar rbar it ran nrvs'dhe. the intereft of hi GovernmentCTV 1 l riik thejofs of their belt cuAomef l and endanger the peace of . his coun try, for, ! claims like thefe i that the 4 acqulfitidn.of ; the object iought, is npt worth the hazard or expence of attempting it ; that moft of . the- claims which have been prelented, wereeitnerunjuit, or-fauaui$nt, or would not have been thought of, had -ndt the lajl treaty with Mr. Jay ui expecjedty given rife to them ; that the denial of moil of them, or the re newing any right to claim, except' in very particular and clear cafes if real Britifh creditors, to be diftintlly . fpecifed, would create little or no disappointment, and effectually fhut the door to innumerable frauds; that while, as I hEvejuft obferved,, the fubjeft was really in a national point of view, of little coniequence to. Britain, it was of th utrhoft impor tance to the United States, and -would involve, if the. refolution in tended by the Britifli CommifTioner were to operate, the increafe of a debt little Ihort of one half of the amount of their, original ope :. tHat the taxes to defray it would fallen- -tirely on the landed interefl, and -amount to a fum extremely mcbtir venicnt tos Our1, citizens : that the ' evil would not flop here ; but that with" the increafe of taxesj evjevy article and necefiaiy of life would rife; and thus a lalting, and in dced a. erowinz misfortune to our VJ v country, be fixed upon it. perhaps, for ages. In the extenfive and cislightcned view fuch Negociatois" Would take of it, they cettainly w ould differ; from the Britifh Commiflioners, and deteynine in all cafes where, the in folvency of thf debtor was infifted upon, that Juch infoWency fhould have been legally, and previoufly proved, in the Courts of the $tate where the debtor was refident, or thofe of. the United States, lince their efbblifhment, and where it . vas practicable : that where this was not done, it was to be prefumid the reafon for not doing,it was, that the creditnrs knew they werd cither al ready paid, or That aitho' the charges were made aginft perfons known to ; be folvent, tKey were fo improper as not to be capable of fupport : that I trufling to the partialities andpte- judices of a board confiding of a; To (hew the evils produced by the in--: creafc of Taxes, as operating ti po" every clafis in the'iconimunify, an tughfh writer re marks, as it relptits that coumrry, 'j he ,r evils already produced by the t-xcs to pay the interefl of the funds, are likely to piove laV tal to pur national ptolperity, by theecor-. mou advance they have occafior.edin everjf . article of exfendirore. This ad va free will appear by thc.. fcilow;Fg Table of Pikes ja. the yearsl7.?zi i7o and ijut lileu frlV . i ' ...... tne molt auuicatic actouois.' 1 ;: . Prke in Eeef, Muttoa, . and Vcal.j "i 7J2, 178 1758: S-id. 3 -d. t Wit 9 PJ m - A : ' " SUiw PC load. at. Hy pel" ton: , port Wipe i rfjw :C! ioK- 1 1 i A f i ' i I Mr 1 -ivl !--' i . i . 1 f i. ft SI T. but Britifh inerchinls' 1 an4

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