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.iL..v. A 1 fc JUL NORTH-C Ouri arc the Plans of fair delightful Peace; " Unwarp'd byParty Rage to live like Brother!. Vol T. Tuesday, December 17, 1799- A h ' : ; r ' ' -"'Hi. -r t 1 ". i - . ,,: - -U . i- .i '. t t - f " "- ' jf jl"! " "I ' r ' i - " JpP - ; itlL jlLi jr JL o I ili JEW ARO LINA WEE KLY ADVERTISER. t ; 0n BritifiiCaptures. . ; The Obfervaiions of le Hon. Charlbs PiKtKNiY,' late Governor of Si Caro lina, and now a Senator of the U. States, from thai State, on the mutual claims of lie U; States and Great-Britain, which lately appeared in the Regifter, having been favourably received oy our, readers; - 'we row lay befere them the following Ad drefsiby him to the Citi zens of the United ' States, on the recent captures of our vcffels ; hythe Britifh in the Weft-Indies. j FE LLOW-CniZ EMS, . IT is unfortunate for the happi ' Vnei"s of mankind, that ambition avarjee, or revenge, have always governed the councils of the mod ppvverful nations. In the earlier ages, their ignorance and barbanfm, were iomeexcule; out it is aito 'nHhing that learning and the arts while they have enlightened and embellifhed the people wha have encouraged them, Teem not to have foftened the ferocious temper of their governments. The fame thirft for dominion and revenge, the fame1 djfpoiition to controul ihe weaker! nations prevail as formerly. It is almoit in Vain we feck for a fpot in t h s civil i z ed world , w here the hand of power, or the instruments-ofj avarice, will not reach us by their force or influence. The blcffings of peace and freedom, if they arc to be found, can only be uninter ruptedly enjoyed by a people remote frbmkhe bufy and pcrplexcdthcatre of Europe, and who either poiTefs fufficicnt force to protect their ma ritime rights, or are content to re ImquiTh them during a cpntefh a- mong the greater powers, lr fey determine upon the fir ft, unleft their force is fuch as to make their junction with either a ferious. in convenience to its adverfary, they rifque the evils and calamities of I ar : if the latter, the lots toa com rircia people is incalculable; eve ry clafc feels it ; the merchant, the 'planter- and mechanic, are-alike affected by its confequences. I have always confidered it a mong the hardfhips of mankind, that nd nation, however jutt and impartial 11a its conduct to otners, I or diipofed .ftriftly to adhere to its. duty as neutral ; however innocent in its a&si or ufeful in its commerce to the teIligerent7powers, is fuffer ed : to efcape.1 From their recent behaviour, it appears as if no defire to ;exhjbit the .moft marked impar tiality, no condefcenfion, no wifh to obligej vvilll favc the cpmmerce of this country from their ravenous , grafp. The conduft of France, :in capturing our veffels, no mart can palliate; it feems to have ongina- ted equaiiy in folly and! bhndnei: ,to their own interests ; and all thdt we can at.prefent hope from their earneit, defire to negociate, is, that, having feen their errors, they will make ample reparation. But what fhall we fay of the captures of our veffels -lately made by the Britifh Cruiferis in the Bahama a.hd Weft India Iflarids ? It. has fo afloniihed me, and appears fo contrary, either ,to the policy or interefts of their government, that it is with diffi--; culty I can believe they are war ranted by its orders. They have become however, fo n,umerou"s and alarming, and amount to fo fe rious fum, that they loudly call - for the interference of our govern ment firfl," to remonflratei calmly to enquire into the reafons, and ftill prefenting with finccritv the I olive-branch, to afk for, red re fs. I know too well the value of peace to my country, o wifh it rifqued for trifling cafafes; growing as we are in wealth! in population and in confequencc, its continuance to her citizens iSj oF all; things, ' the mod valuable, except Hheir natio nal honour. Thisf however, mu ft at any rate be preferved. With States as with individuals,' to punifh the iirft infult is of infinite-importance. Our. gcryernmcnV withl refpect to France,, has nroperly choien this conduct ; and it would be as impo litic as difhonourable for her to de viate from it with regard to Great-, Britain. Far .aYn I frpra .hoping that we' fhall ever be driven-to the! painful necefiity. We truft that; a nation which declares fhe has enter ed into the cbntelt with' France v.ith no other view but to fee tire the order and neare irf F.ttrnnc nn 7 t 7 r M Want; tn "h ir.fnrmcrl nnnn tV fnK J 4 '-.V' V iW I j eft. jt hat the moment . fhe knows her cruifers have violated the rights of a friendly and unoffend ing power, he will not only make ample reparation for our lotTes. but punnh the aggrethon of her officers m an exemplary manner. Undemanding, as (he well does, her intereft, fhe rauft know, that the conduct of the American go vernment towards her, has not on ly been firictly'juft and impartial, but that they have been Charged by ptner nations with, toeing too condg- cending. At no period, more than he prelent, muft fhe feel the im portance of our commerce. Poffef fmg as we do, articles of the firft neccffitv, and valuable materials for her manufactures,, and unboun ded in our ufe of them, where has Great-Britain fo excellent a cufto mer, or one whofe trade fhe fhould more encourage and protect ? Ons from whom fo much is to be made, and fo little apprehended? We have no formidable army or navy to threaten conqueft, or invade her maritime rights we have more tcr- ritory than we can fettle for ages ; 11 and our, remote fituation, the na ture of our government,; and the temper of our citizens, forbid the idea of our even zvijiing to acquire diftantpoffeflions. IThrowinc then Juftice, and the rights of neutrals r r 1 r i- , out or view, lureiv. a late and ex- 11 tenhve intercourfe with fuch apeo- pie, muit be or inhnitely niore va- Jue to Great-Britain than any tern- porary advantage which may accrue from fuffenng her cruifers to enrich a few licentious individuals, at the expencfc of our friendfhip and con nectionl However hitherto fallacious the idea has been, 1 itill entertain the hope that -the nations which have injured our commerce, will be con vinced that their intereft,: as well as their honor, require a different behaviour : that much creater and more folid advantages will arife fmni an open and fiir trade, and honourable and juft conduct, than the little, degrading fyftem of pri vate plunder: that the canture of narmieis and unarmed neutrals, and the ruin of innocent and unoffend ing families, is unworthy the poli cy or a great nation : that although they may enrich a few individuals, they never encreafe the nublic wealth: that the benefits to be de rived from them, are, in a national point of (view, at any rate fmall; but that when compared with the ingratitude, and too frequently perjury they occahon in unpriuci- piea manners,- ine corruption that it is laid they fometimes carry upon the.bench of Juftice, and the fpirit of robbery and licenticmfnefs jhev introduce: thev are trifling- indeed. It is therefore to awaken them to a fenfe of their true intereft. to allav the fpirit of retaliation and rcven ge, wnicn is -rapidly growing in every 1 1 - ii w ' part or tne union, and before it is too late, to open the way to fuch explanations as can alone preferve to both, the blcliings of peace, that tneie remarics are luomitied with the beft and molt amicable inten tions. s When a nation cenfiires the acts, or complains of the injuftice of ano ther, it is proper for their govern ment, or its citizens, to fhe w, not only that tney have been juft and upright ihemfelvesy but that the in juries they have iuitained, have been produced by unju ft and illegal meafures on the part of thofe. they complain of. and iuch as are not warranted by the law of nations, or the treaties cxittmg between them. The tubiett therefore, I intend to difcufs, in the prefent number, is the immenfe amount- of American y.effels and property taken by the Bntiih cruilers, and carried into the Bahama and Wefl-India lflands, and other parts of their dominions, and the reafons given by their Jud ges for. their condemnation.,. The. captures made by the Britifh cruifers, have for a confiderable time been extremely ruinous to the American commerce. . Their depre dations, which thev have never chafed, even lince the formation of the treaty, have lately become fo. riumerous and important, as to- o- blige the merchants to look to their own- government - for 'rcdrefs- and protection. Many of them, to my knowledge, are enquiring the beft means of applying for this redrefsj and thev will no doubt be heard! 'with the, attention due to fo impor tant a clafs of our citizens. The real merchants, the men who trade on their own capitals.: and are not the factors or agents of others, are or fuch conlequence to our com- merce and revenue, that it is im- jpoflible to feparate their interelt from that of the owners of the 1011, or indeed, from the government itr ielf ; they arefo intimately connect ed, as in a great meafure to depend upon each other. The value of jour exports depends upon the capi 1 j tals, and the number or merchants j who are to purchafe them ; the competition they create, and the Safety with which our produce can be fhiDDed. A ercat 'part of our! revenue depends upon the lame cir- .II. cumftances : for without lafety to the tranfportation, and proper pn- cesjfor .our exports,; our imporra- tions-muit decreale, and the reve nue be leffened. Hence arifes the unavoidable necefnty cjf our, go- vernment to protect their mcr- jchants, whenever they find their property expofed toi feizures and condemn a tion unwarranted by the . . 1 - - - ... . law of nations To n?ow tms will be my endeavour. I hall not apply to th pauions, but to the nidg. II knents of my readers. I have alrea- Mil t . H L.- : ay iaia, it is equaiiy my intention jljand wifh'to allay, and not to pro voke; to produce redrels by amica ble negociation, to fmooth the way to that uninterrupted commerce which I well,knoy to be among the greateft ble flings either nation can enjoy or lecure. i Amidst-the variety of captures which haTe been lately made, the number condemned irr the month Hot Auzuft at New-Providence is the moft formidable we have feen itamounts to at fum little fhort'of 300,000 dollars. If any thing Hke the lame number ot captures is made in one month, and carried into the ports of "Jamaica, Antigua Barbadoes, Maitinico, and the other Britifh I flands in the Weft-1 Indies, and at Halifax, and they canture anc condemn tor tne lame reafons, all our veffels they may meet going to any ot the ports in Europe of the powers at war with them, the American j commerce, and to much of its revenue as is dependent upon it, is in a fair wav of annihilation : and no prudent people will cehfure theinterference that is claimed. Out of the numerous condemna tions which have been made by the Britifh Courts of Vicei Admiralty, I fhall felcct the following, as they cdntain their own ftatements, with the reafons of the Judge. Mackaj and Nicks , vt. tbeTolacre Ship -, Adams and cu nre The Polacrt ftiip Adams was captured! on a voyage from New-York to j New-Orleans, and was condemned with her- cargo, as prize to the captors, It appeared, that the owner, who was oa board at time offcapture, was born In Ire land, had removed from thence, and fettled in the United 5tatc-cf America,1 in 1702 and bad been admitted a citixen in due form of law, in March, 17, ! Condemnation was urged tan thefe three grounds: . " ; lfjr, That the claimant was not an Ameri Can citizen, but a BritiftjlabjeC. ! 2d, "THat the vcfleJ was an adopted veffel of the enemy. Andlaftly, thatthe property was enemy's, and the claimant only covered, it in his name. ' . U ' The Tudgo, in his decree! confined him felf to the eon fi deration of theiirft point,' and declared that the claimant being a natural- born fubjecx of hts majefty.' and hot having been admitted a cttsxen ot the United Mates of America, until March, k 796 coulj , not be confidered, with refpect to Great-Britain, is a citizen of the United States, fo as to en title him ta trade with Ithdt enemies of the King.,-! ' .- V! - ;" Tb King vs. tbf Brignntine Felicity and 1 cargo The Pelicity and cargo were owned by an American cmzen, ana -were arreitea n a voyage from Nfw-Nork -to lavanna. A part ot tne cargo tuTotng out, upon fearCti, to be contraband pf ! war, Voth vefiel and cargo were condemned, as lawful ptize. , H It "Ireful ts from thefe ftatements- that a' Britifri fubject, who lince the commencement of the prefent !hof- til ities,' that lis February; 1793,' has obtained' letters voti citizenthip, or in any ;manner been admitted a. fub ject or citizen of a neutral -power, trades wurt'ny . or 1 the nations at war with Great-Britain; he is liable to . have ; his! property engaged in iuch commerce icizca ana condem hed.'l. -i :Ktf That contrabixjt gdods found bn board a veffel, makeiall other arti cles in the fame veffel belonging to the owner liable to confifcation ; 1 .1 . ! j ;r and mat coniraDanu artjticj 11 fhipped bv the owner of the vef fel in which they are found, fub- iect the veffel to condemnation. j . ... . . 1 In dilcuiiing the opinions and pretences upon wnicn tne com merce of our country is fo much plundered at prefent, and on which its future lafety io euentiauy depends, I fhall firft confider the queftion 14 refpecting the right of a citizen to leave his country and change his allepiance, and what is the law of nations on thjs fubject." No queftion is more celebrated m the ancient and modern world than this. Amone the ancients, theTe was no doubt that a citizen had a j right to leave his country whenever ! he thouffht proper. As Rome, from her power, and influence, and her knowledge of public affairs, unqueftionably 'dictated and fixed the general opinion, I fhall confider it neccfiary, with relpect to the fentiments of the ancients, to give the' ufage of the then miftrefs of the world as collected f rem Cicero, the moft learned and eloquent of her flat efmen. He lays, that, by the conftitution of the iloman commonwealth, no citizen could be forced to leave the common wealth ; or, if he, pleafed, not to leave it when he was made a mem ber of another he preferred to it. That a little before his remem brance feveral citizens tof Rome, men of credit and fortune, volun tarily left that, and fettled in other commonwealths " and the way, fays he, is open from every State to cur's, and from our's to every State." This was the opinion of the Ro man Republic, and of its luminary, Cicero- than whom the world has npt feen a greater man, either as a writer, or an orator. In examining the leading modern authors on the law of nations, we fhall find a general concurrence, at lelaft fo far as to.eitablifh the opi nions neceffaiy to my prtfent pur- pole. ' Grotius, in treating of this fub- j'ect, fays, Nor are we fpeaking of going out of onepart of the State to another part of the fame ; but put of the whole State or extent of the dominion of the fevereign. That we ought not to go out in troops or large companies, is fuffi ciently, evident from the end and defign of civil fociety, which could not fubfift if fuch permiflion was granted: and in things of a moral nature, what is neceffary to obtain the end, has the force of a law. But the cafe feems quite dif ferent when a Jingle ptrjon leaves his country, as it is one thing to draw water out of a fiver, and ano ther thing to divert the courfe of a part of that river. Tryphonius exprofsly fays, that " every man has a- right; to choofethe State of which he hasa mind to be a member." And Cicero, in his plea for Bal bus, commended that privilege which every one has, of " not flay ing in any State a gain, ft his inclina tion and he calts the " power of either keeping or parting with one's right, the foundation of LiBerty." Vattel, in his differtation on the fame fubject, allows that many dif- tinctions are neceffary in order to give a loiution to tne qucition, w netner a man mav quit nis country, or the fociety of which he lis a member f . lit, the children have a natural atiacpnent to the fo ciety in .which they are born. Be- mg under the neceihty of acknow ledging lithe protection it has grant- ted to their fathers, they are obli ged to;him in a . great -meafure for their birth and education ; they ought-then to love it, exprels a juft gratitude, and return the bene 1 fits they have received. 44 But e- very man born free, the fon of V citizen arrived at years of discreti on, may examine whether i$ be jncohvertient for him tp join in the fociety for Which he was deftined by birth." If he finds that it will; be no advantage to him to remain in it; he is at liberty to leave it, maki ing a return ror wnai it nas doue in much as hsenigagement:win 'aUow him, tne acnurncn.ts.-oi . love ana gratitude toward it In another place Vattel fays, " a' ' citizen may quit the ftate of which he is a hiember, provided it be nob at fuch a conjuncture when he can not abandon it without doing ita remarkable i preiudice." And ina third, "every mm has a right to " quit his tourttry in order to fettle in another, when, by that -.ftcpj he. does hot expofe the welfare of hifi country." V; , The refult of thefe opinions is that among the ancients tne right of a citizep to quit his country when . he pleajfedj Was unqueftioed.i That; amonpjthe moderns the. right is ad- M v ' - mitted at all times exceot at a con juncture when " he canript abandon; it without doing it a remarkable prejudice," that is,in time of ex treme danger, when an. enemy has actually invaded the country, or is about immediately, to do fo. This is the utmoftl latitude the; meaning of the words y without re- markable prejudice," will admit. I It is allowed, that th citizens who in this fituation Abandon their . country, endeavourt fecure them-'-felves, inftead of defending it, ma nifeflly violate the piact of fociety and are deferters rhich a ftate has a right to punifh; biit it muft be in cafes of extreme necfcuity and dan ger ; in no other, bythe law of na tions, is the reftraintj admitted. When a country! is engaged, merely in a naval war! or in diftant expeditions, and no (danger threa tened at home, her Uibjects or ci tizens have then as perfect a right v to expatriate themfelyes, as at any other. England hasbeen more than one half of the laft hundred year at war, and not above once or, twice during that period has fhe been attacked at home, and that by her own fubjects, in attempting to place another Monarch bri the? throne: thefe infurrefctions lafted but a fhort time, and for the re mainder of the century, the' Country was in fecurity and tranquillity. If, therefore, the opinion was to prevail, that, during any war, whe i her naval or otherwife, or however diftant in itsbperatiohs, her fubjects. could not change their, alleziance. not with ftanding their affairs, their 1 ncceflities, or even their healths might require it, ,they would, con tinue to bs as they have been for half a century, imprifoned and de prived of their rights ; confined like plants to the fpot where they hap pened accidentally to ipring, and compelled to vegetate there at the wm 01 tneir lovereign. fjTa be concluded in our next, j GERMANY. h Taking of Manhcim. .f ": ' T . ' FRANKFORT, SEPT 21. The Archduke Charles h;is, by his.fpeedily marching towards Pht-r liplburg, relieved that fortrefs from, the bombardment of the French j and forced them to retire towards Manheim. This day 1 have to comT municate to vou, the important in- toiligencc tliat the Duke has com pletely beaten the enemy near Nee keraw and Manheim, drove him out of all his ftrong holds,, and tpr4c the city of Manheim" and 1800, French men, among whom are the Generals II of the Maefen and Le Folic, and 61 officers were made pril'oners. Two itandards, 18 cannon, 3 howitzers, 13 ammunition carts and 7 wsggohs loaded withblls, fell inio his hands. 1 he following is.an exttact from tne Duke's letter, da'ed theSth, which he tranfmitted from head-quarters at Sch welzingen, refpecting this glorious affair " After raifihgthe fiegeof Philipf- burff. the bombardment of which had lafted for fix days, the greatit part of the hoftile troops drew acrofs the Rhine, and took a'pofition on the left bank t from ' Oerfhcim to ward Wurm's. The divifion Lie Roche garirifoned the fortrefs df Manhcirrf, and the entrenchments which 1 were erected durih ..the furztr trier at NeekeravyJppie ifo'rti efi of Manheim was "nbt'ih'the Jiaft derhd- lifhed, as has been announcei in the public ; prints; :;Tl.e v 'ivbtlc 'vfcic M partly as beiore, and partly 10 rm- fcctly it matn a, mat inev apparca per-, ,vi leure aainft .iriy 'cMp,-lie r-'f . lhe village of eekef aw, T:.vl which is totally lurroundcd by aii .,vj ii r. t 4 n
The Weekly Raleigh Register (Raleigh, N.C.)
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Dec. 17, 1799, edition 1
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