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: :Mfi??Mr. '' REG 1ST ESI :vi;0&TiHCA-R.6SiNA WEEKLY AiDftrSEia ! i. .. - - 1 ; X , . . : . tc. r X$J!: . ,?"-;;&f - i . " i . ' I . - . , ,"Ourire the fUns of fair deHthtfl Price, , 1 -..-' ' L I i ; ' . ' 11 ' . .' N I. . : I , ' , "'V l-;.; " Uawirp'd by Partj Raj'eto live like Brother." : i - ' ; - f 1 .. " if--" -1 . ' n' ' 4 . . ' 7 -" :, T . ' V'' l Vol IJ . -; i t -f i ; . f'i . .- Tuesday, November izo, 1799. v - -i . - : .- - -hh- - .. i, -J,.- . '; " i ' ' - 7 ' . ?"r " :" ' ' ; " 1 ' ? ; . . . ' -"- - -1 ,Mj- "- - . - : - - . , .1 ... . . . , '. ... .-. .. ... . ' ...... j ; .. j f --" "-:K: - -'r-i'. ..: -Jt"-- . i i Mr. Pincknttfs Obfervations oa ike r - . I II Miitual Claim of the Britilh and American -Nations i jr .Continued from our laft. IjCome nextto the refolution pro pofed by theBritiih Commiffipn- ersiori the fubjecl of interejl during f Ac war. In the caie ot running? ham and Go. the Britilh CommiUi oners moved a long and general refo 1 ution. ending in this ; manner ;- That no fumcient. cauie had been fhewn why in awarding full and ad equate compenfatioh for fuch debts as had been prbved, - the United States fhould not M liable for all fuch ' ....... . xntereft dunnz the war. as mould pc awarded according to the natufeinc imoort. exoreiS'Or implica. ot the ieyeral contracts on wmcn the claim 1 Fmindftd. . The extent ana con- tertuence of fo, general a refpluti- on; ana tne very large mm it wouxa , . t ' r. it. .... :.u load the Treafury of the United States with the payment of, will, be confideredas fufficicnt reafons for giving this lubje.ft the examination its importance-requires To thofe who are acquainted with it, and have had accels to the letters and journals of our Minifters during the negociation for peace it is Swell known this fubject occasi oned conhdcrable difficulties: that "our Minifters exprefsly under their hands, in forming, the definitive treary; acquainted the Britilh Pc- I nipoteniiary mat tne emzjion or in-it tereft in the 4th article was intenaea. Congrefs declares the fame thing, and their declaration was communi cated to Mr- Hartley. .No idea Was entertained! that thearticle was mean t tountend any thing more than that the principal of the debt' Jhould be recoverable, and that the queftion of intereit ihould be relerved for the extermination of a jury, on the par ticrala? jcircumftances of each cafe in j which it may be claimed. This is the ftate in wKich things Jtand at prelent with reipect to claims againftindividuals.ReguIationshave taken placeon the lubiect, and I be lieye in all the States, tut I fpeak with certainty of this State, intereft has been uniformly denied j as being unjuitand improper ; nay, io uni form ahd numerous have been the decifions denying it, that I am in formed fome the Federal fudges. who had doubts in their own minds on the aneftion. have neverthelefs dirc&eoVthe Juries to ftrike out the intereft during the war. The reafon they gave wasanunanfwerable one : that at this day to author! fe a contrary decision, would be to introducefdeh arvrregularity of proceedings m our jadicl, as to hereafter deftroyihe connaenceoiourcitizensintheirjde - - f- , ' 1 Tnitfht Virv th nrdnmnt uhik ifat-ll fuppofed to have been fo often efta blilhed asj law r-that it would be impoffiblc to go back to, or unravel orexpofeagam to legal inveftigatipn, all the fet tlemen ts whi ch ha ve amica bly taken place in confequence of for jiicruecmons : tnat it wouia oe the moft flagrant iniufticc, after having. in tnis ltatepaiicularly, in every cale naa oeen tried, exonerated the debtor, from intereft, in one or two, or in the very few that may ftill re main for decifion, to charge them with the payment of it : that there fore Hi has been the uniform pra&ice, and of courfe will continue fo in all trials ori qtieftions of intereft du ring the war, for the juries to ftrike it out from thecqmroencementofhof t ili ties to the eftablifhment of peice It will be my endeavour to fhew, m a lurnmarv manner, that this de-II - r . - , - . ' f-11 .1- - r ii. . f r I. Cannot imm lhrnstiiri'nF nuhlirt. - AALa " 'PT m 7 1 " -. .uujccvwouiu auow. i-'t:-t uu. , 6 , Z"" niV-"v?M meafureborrowcdouriurifpudcnce, have eftablifhed that no intereft fhall be allowed on arrears of rents. proms or annuities; on book debts. open accounts, onfimble centratls : ifor goods fold and delivered, or monies! Advanced without a note ; on inland! bills of exchange without proteft. and on bonds after 20 years, w here no ! payment or legal demand can be proved within that period. There arc many other Remands which, ar coruine lomc uwsuj iiiiznnu, cr- 7 n? intcrcft ; but thofc above- racniioncu, pai iituiany tut . uuu& debts, open accounts, or fimple con trafts. or goods fold and delivered. are fufficjent to prove that even ac cording to the Jaws of England, a great proportion ot the demands be fore the board ought not, according to impartial juftice, to be allowed in- tereft during the war, and compen fation from the United States. The reafons ; which, have, been generally urged again ft the claim of intereft during the, war, are the rules ofL conftru&ion eftablifhed by the law of nations for the interpretation of obfeure and ambiguous pacls : 1 he meaning ot the word debts in the 4th. article of treaty of peace, as not comprehending intcrcft, be. cauie lnterelt is recoverable at law in the technical form, of -damaees for the detention of j thei debt, ' being what is given ! more1 than intereft, that the creditor' may not ,be a lofer . I . v' The inference to be drawn from the demand of the deduction of in- tejrefl during the war, which had Dcen maae on tne part or tne uni ted States in the courfe of the nego ciation, previous to the formation of the treaty, and from a con verfa lion iubieouent to it, to wit, in the year 1786, between the Britifh Secretary ot State tor Foreign Af- tairs, and the American Minuter at London, in. which the latter lug-? gefted the "policy of giving up the ,ntcrett during the war and a- greeing to a plan ot payment by m inftalments." And the former, af ter fome flight expreffions concern ing the intereft " wifhed thauthe courts were open tor recovering the principal, and obferved, " that he intereft might be left for an af ter connderation r The nature and caufes of the war, m the courie or; wnicn, inc : pro- .1 r r 1 ' t 1 1 . i duels of the land were indifpenlably neceUiry for defence again It that which on the tide ot the Americans was a war for life,- liberty and pro perty ; a war attended with fuch circumftances of dcfolation, as that after , the application of what was thus neceuarv for defence, there was nothing left to an individual for paying intereft on his debt The interdiction of commerce to II thp United States by a&s;of the Bri tifh 'Parliament, and the ftbppage of accefs between the American debtors and Britifh creditors, by which the detention of the debt during the War was una voidable : The departure or creditors and their ractors trom tne atate, with body remained to receive payment 0fthedcbt: f M II - ,', At.iA-U-'-,.,. 1,-11 1 .-. A iLiiniui: aiioivc j t .vit nix i " .- . . . ... Vmer's Abridgment, in which it is ftated, V that where by a general and national calamity nothing is made out of lands which are afiign ed for the payment of intereft, it ought .not to run during the time of fuch calamity :" The equity s between debtor and creditor, of denying intereft during the war, whereby the ere ditor and debtor will be put upon a more equal footing, and a lofs will not be incurred, by a debtor for the fake of a gain to the creditor : Ihe evidence ot- iuch equity, arifing from the uniform practice of the Courts and tunes of the United States, which I have already alluded to, and who in all cafes difallowed intereft during the war at leaft in all of "this State, , and in fuch of t , 1 if ; v 11 1 t id re 11 'Mj vr- riirir- ; 1 1 1 mv i n. Xk T Knnw r.flvp. 1 h. , ' In order to explain the reafons II- i - ! . wnicn iuuDpoic nave muuencca II thefe decifions, 1 in addition to thole II . X . ". tceliary tor meto view the fttuatiOn of the debts due to the Britifh mer- l chants DreviouUv to the war. and aMb that of tlieir debtc debtors at the commencement, during the vrzr and at its concIufionK I do? tnisito enable me to rnAke fome com parifon between the Bnuih merchants and others trading to, or having debts due them . in Americar and their debtors. American' citizens : i ito fhew that "although .Great-Britain was unfuccefsful, and the United States triumphant, how preferable the fituation of 'the Britifh creditor was at the cpnclufion df the war, to the American merchant or cre ditor: that although his country was juccerstul, the fortune ot the latter was deftroyed, while the rights of the former remained un impaired : that this : unparalleled public honor of the American na tion; in pi-eferving the rights not only of foreigners and aliens, but of enemies, "while it fa crifices thofe .of her own citizen s by tender laws and prof uie emiffi ons et depfeciated paper; this nice ana icrupuipus at tention of her government, inftead of exciting the admiration of the oritiih cabinet, as it has aone or tne reft of the world, forms only to give rife to f new -demands, and to decifions unwarranted even by their own Couns. ! The Britilh COmmiiTioneri miift farcly have been acquainted with the manner, in which our; citizens be came indebted to their merchantsbe fore the war! ; being 'fubjects of the fame power, and' their trade confined to the Britifh dominions and mer chants, there-was an nffurance and a confidence eftablifhed between them which can only exifl in fimilarfitu ations and among fubjeftsof thefame government J From this arofe he extenfive credits and claims of the Britifli merchants claims fo large, that at the time our exportations were limited, it was impoftible for the American merchants to remit their creditors the! Turns theyowed. In this fituation the war foundthem. The events during that period, in Which they were not only expoied in common with others to the lots of their negroes, and deprived of de riving any income from their lands, hut the unparalleled deftruction of that part of their fortunes which conftfted of; fecurities for money, by the Operation of fevere and un equal tender laws, are too well known, to require my. llluitratrng them. f Let us here for a moment paufe, and compare the fituation of the Britifh creditor with that of the American merchant or creditor, at the end of the war, and fee how far, m the eye of reafon or juftice, 1 was going to fay in that ofileceney, he has a right to complain ; or how far he had a rielit to ex-oeft. that while our merchants and-monicd men loft by: the war both principal and intereft he was not only to be fecured in his principal, but com pletely indemnified by compen lation in intereft for being even kept out of it during the war- a detention which, as has been prov ed, was owing to their own go vernment and merchants -the hrli by driving us 'in to. the war and de- ftroying all mtercoune, and the latter by removing thjemfelves and rhwr moen nut of the reach of -"'- j 1 - Where, may be afked, could ($rc have found an American merchant or monied ;marv .. who would hot, at the peace, have joy fully accepted the propoial ot i loiing all intereit during the; war, and being placed in point of principal in the htuation he' was at the commencement ? Look into the melancholy lift of decayed families in every State; at the thqufands of your own ci tizens who have been ruined by your tender laws and depreciated paper, and. who have not received, or ever will receive any fatisfa&ion, except that! of reflecting that it was done ito fave their country, and tell me whether you could view wtth ferenlty your public treafury drained, and your citizens, taxed as they are already, ftill farther har raflcd to pay i demand fo unex pected andlunjuft at this is. The equity of the Englifh deci lions has eftabliftied the principle, iliat eve pi -.in the cafe of lands af figned for the payment of intereft, if by the interference of a national calamity nothing fcan be .made ou of them,: their intereft ftiall not be chargeable If, 1 therefore, by their own .qecinons m the cafe of lands, a folid immoveable, property, on which? although the improvements niay be' deftroyed, the land itfelf mutt remain,, tnis equuaaie acci fion has taken place ; if this isunf- verfally acknowledged as: .hngliib law, howirauchlmore applicable is the! principles n the 'cale of the American merchants whole' funds to pay their European creditors be- itig being dcflrbyed by the operation of laws the coniequence or war, 1 and that wardccaTioned by Britain, riot only the means of railing the intereft, but the principal afiigned for that purpofe. and for thje pay ment of the debt, ii for ever fwept away i - r;-u . II, , .. J Can the Britifli qommiflioners, or tfieir Nation, be unacquainted with the fituation of the Uhited States at the formation of jpeacej and in deciding; whether intereft ought, or hot to be charged, is not this an im portant ConftderationPArfctheytobe told that the invahon ot their armies and the deftruttidnpf our commerce, had reduced our citi zens tp a greater degree or poverty than, tney naa ever experienced? That m the fouthern States particularly, wrerc men ror tunes had b?en totally unproductive for the fir ft-; fixiyearsi and either aftually fequeftered by the Britifh Government, or wfthin their power for the la ft two or three, they were an expence and not a benefit to their owners? Or can they be ignorant, that from the peculiar fituation of our merchants .arid monied men, who relied altogether on the furrs due them in America for remittances to their European , creditors, that it was on them the fwar. with all its loffes andconfeauences fell, with unufnal feverity ? , If it bean eftablilhed rule, " That in cafe of accidents which happen without Iny fault of the party, he will not be liable to reparation 101 damages, by the rule that nobody is to anfwer for; accidents, except there be fome fault n their part :" If it is another rule, ' that where misfortune has happened without the fault of either party," there is no -reafon to thrpiy off the lots from .one innocent jnan to another inno cent man : and. that in fuch cafe, the condition of the defendant is the nreferable one : S If ;' it would be um eafonabU that thofe things which are inevitable, which no indultry canavoid.no oolicv prevent, fhould be conftrued to the prejudice qf any perfon in whom there is wo laches .""t. If thefe are the eftablifhed rules of Enelifh law to iwhat war, or to whom can they be;more ftrongly ap plicable, than to our revolution and citizens ? They have governed our Courts in all their decifions, and 10 ftrong is theirequity, thai they will, I truft, be the ptinciples on which our differing claims may yet be ami cably adjufted. if To be concluded in our next. EAST-INDIES. BOMBAY JUNE 4. m Courier Extraordinary. The following copy of a letter from Lieut. Ucn. Harris, to the Right Hon. the Governor General, dated SenngajDatam, ; 7th May, 1799, is publifhcd by his Lord- fhip s authoiity, J. WEBBE, Sec. to Gov. My Lord, Oh the 4th mft. I had the honor to addrefs to your Lordfhip a haft' note, containing in a rew words the? fum of our fucceis, which I have now to report more in detail, v The fire of our batteries which began to batter) in breach on the 36th April, had on the evening of the 3d-mft. fo much deftroyed the walls, again ft which it was directed, that the arrangement was then mae for alia ulting the place on the fol- lowirlg day, when the breach was reported practicable. the troop intended to be employed were Ra tioned in the trenches, early in the morning of the- 4th, that no ex traordinary movements might lead the enemy to expect the ailault, wnicn i naa aeterminea to mate in the heat of the day, at the time bet -calculated to enfurejuccefs, as iheir troops would then be leaft iprepared to oppoie. rien flank companies or . Euro p'eans, taken from thofe regiments neceuanly left to guard our camp and out-pofts, followed bythc 1 2th, 33d, 73d and 74th regiments, and three- corps or Lrrenadier bepovs, taken from the troops of the three 1 See Dmat,tljlrj g.v f jd Burr,' tii7-i z. ) - I Powell on Coatrats p; 446' - JrVeftfleTicies, , withjoo or niign- nci vuc the 1 cart v for the aflaultv accoxn nanied by io6 of ine artillery land : ana . corps or-pionrcr, hhsx xuy.-, ported in the trenches by the bati 1 talioncompanies or tne regiment oc Meuron: and four; battalions , of. r Madras Sepoys; Col bherbrooke, and Iiieut; ColoheU t)unlop; Dal- j rympic, varincr - j commanded the feveral flank com pahies; and Maior-General Baird'; wasentruitca wjtn tne aiiection or this important fcrvice: '' At one o'clock the troops moved ! from- the trenches; cf oiled thef rocky bed of the Cavery under an extreme heavy firelpaiTed the glacis and .ditcni anaicenaeaincDreacnes n the iiauflc. brave and' rampart of " the fort, furrhounting in the moft gallant manner every obftaclej which i. the difhculty of the paiiage and the? refiftanceof the enemy fSrefeht.ed to?' oppofe . their progtefs. Major-c - oenerai caira naa aiviaea nisrrce for the purpofe; of clearing the. ramparts to the right and left. One divifion was commanded bv' -: Col. Sherbrooke, thof other by Lieut. Col . D u n lop, the 1 a tter was , difabled in the breach; but both! corps, although ftrongly op pofed, . were completely -fuccefsful. Re. filtarfce continued to be made from the palace of Tippoo, for fome time 4 fier all firing had ceafed from the' works ; two of his fon were there, -who,- on aiTurance of fafety, fur rendered to the troops furrounding them ; and guards were placed for" the protection of the famil, molV " of whom were in the pal ice. It was foori after reported ihat Tippoo had fallen, Syeh Seheb, Metri Sduc, Syed Gofar, and many other. of his chiefs were alfo.flain. Mea fures were immediately adopted ta' ftop the confufion at fit ft urial. voidable irj a city ftrongly garri-l foned, ; crowded with inhabitants; " and their property, ins rums from the fire of a numerous artillery! an taken by aflault. The Princes were"! " removed to camp. K f t It appeared to Major - General Baind, 10 important to afcertain the fate of the Sultan, that he caufed immediate fearch to be rnade for hiV body, which, after mujchfficuhyl ff; was found late ih the evening, in ne 1 of the gates under a heap of flaip; and foon after placed in the palace The corps was the next day recog nized Sby the family, and interred with the honour due to his rank, in the Maufoleum of his father. CU . The ftrength of the fort isfuch, both from its natural pofition and the ftupendous work by which it is furrounded, that all the exertions of the brave troops who attacked it in whofe praife it is impofiiblc to fay too much, were required to place it in our hands. Of the merits of the -army, 1 have ex preffed my opinion ' in orders, a copy of which I have the honour to inclofe, arid I truft your Lordfhip will point out their" I fcrvices-to the favourable notice of their King and Country,! i r I am forry to add, that on collectV ing the returns jof our lofs, it is found to have been much heavier, than I had a: fit ft imagined, On the 5th inftant. Abdul Khilir, the elder of the Princes, formerly Hoftageswith Lord Coinwa 11 is, fur- ... rendered Jiimfclf atv our polls.' de- ' manding protection. Kerim Scheb. me prptrier or iippoo, had before fought refuge wittir Meer Alum Be hauder,. A Cowl Namam, was yeT terday difpatched to Futteh .Hyder, the eldeft fon of Tippoo, . invithfg him to join his brothers, Poimeah and Meer Kummer odeen Kahn, have alfobeen fummoncd to Seriri- gapatanv No atifwersfhave yet been received, but 1 expert them ftiortly, as their families are in the fort, This moment. Ali Reza, formerly one of thevazeels from Tippop-Sultan to Iord Corn wallis, has arriveij from ; Meer Kummcr- bdeen Kahn to alk my orders for 4P00 horfe now under his command, li Re a was commifiioned to declare, that Meer Kummer odeen would make no con ditions, but rely, on ihe eenerofity- r of the Englifh-. -1 ' Monfieur Chapuy,! and moft pf the French arc prifonerS : theyTjiaye' 1 r no? commiflionsJ,Tro,hi therenph Government, , X ' . '' ' :I ha vo theKohour7V4:c ? ; 3 ; L I - 1, t. ! I I) :4 -A - - vfj. . - f. : I.. : - : : . .. - ,1 ; - . 1 , . .4 . t - - V i - 5 . i-1 ! '1
The Weekly Raleigh Register (Raleigh, N.C.)
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Nov. 26, 1799, edition 1
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