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.
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 ;:
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Eeef, Muttoa,
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