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1 i wtj a Hal ils. pit J m A Mir. Ptyahle hAif Ytry. J PUBLISHED (weekly) BY WILLIAM B DYLAN. TWO OOtl.i. IB ANN. Payahle in Jdeatir. Vol. 10. RALEIGH, (M C) 'AfcM';.4y, MARCH 3, 1806. No. 516. THE MINERVAV . 07 REMONSTRANCE, By the Minister Plenipotentiary of theXJni . ttd Slate to the British government, ac chmpmying the Mawgt ef the President. ' Great Cumberland Place, No. IZ. Septtmbtr 33, My, Lord, N " I flattered rayfelf, f.-oan kat p?.!T'd ia our lift inierviewthat I fhould haye been honoured, before this, with au.anfwer from y gar lordfhip, to my IcUcri, tefpe&ioB tbe late fcixure of American teff Is. I underwood it to be agreed," that tbe riifcuffion which thco took place, fhould : be confi.Iert J as unofficial, as explanatory only of the ideas which we might refpeetively enter tain ori thefuSjctf , and that your lordfiiip would afterwards give me fuch a reply to my letters, tefpecting that meafurc, bit rasjefty's go vernment might defire to bsve cornmueicated to tbe government of the United States. In con fcqneoer, I have tince waited with anxiety fuch a communication, in the daily expectation of lecciviug it. It is far frtra being my defire ro give your lordfhip any trouble in this buTiMfcfs ,vhich I ca 1 avoid, an the time which ha fince elapfed i'lifficiently (hews. Bat the great im. jKinincenf the fubject, which bai indeed be come more C, by.th: contiinanfe of the fame . pJkf, and the frequency of feiiurea whioh ate full rna 'e of Atncricin veffels, place me ia a Situation T peculiar refpoufibi!i?y.. My go vernment will expert of roe correft infatuation on this point, in all its views, and 1 am very dffirdus of complying with its j'ift expsctatioo. lmti!t, therefore, again rcquclt, that your lordflup will be fo good as to enable me to make inch a rcprefentation to my government, of that meafure, as his majetty's government may think proper to give. I am;forff to ad(fr:tharthe tongtf I" hayc reflected on tbe futjct. the more confirmed I' have been in the orjcctiofls to the meafure.. "If we examine it in reference to the law of nations, it 'appears to ror to be repugnant, to every plio ciplfiof ilia: liw ; If by the understanding, or as it may be moie properly called the agree in tut c J our gov: ram: tit-, reflecting the com merce 10 quetlion, I confidcr it equally rtpug ijant to the principles of that agreement, in btb thefe view your lordfhip will permit rie - to make fotne"ad(iitionl rem ska on the fulj-et By the law of nations, aa fettled by the mod approved writers,- bo other rcAraiuc is ackoow ledged od the tta2ef iicouU esUms. -with i w n that it be impartial between theJatttr; that it fhould nt cxtcr.d.,to articles which are deemed eemiraband of war ; oor to the tranfpartalioo of perfonsin military fervice ; nor to places actually blockaded or beficged. Every other commerce of a neutral with, a belli-petcot,-ii confidcrtd a lawful cdrnmerce ; and cvfry othtr teliraist on it q cither of the beili gerfBtaly the other, aa uo'nwful Veftraint. The lilt ttf couttabaud ia well confined, a ate alf i the, cucuujftaoeea which conttttutc 2 block, ade. The beft authoritits have united in con fitming the lirft ta fuch atticlet aa are ufed in war, khd are applicable to military purpofea j and requiring, to conftiture the latter, the dif p'KitioH of fuch a forcer . confining of ftationary lhfps, Jo near the port, by the power which atackiriF, for Wt vtV fel of a neutral power to enter it. -The late treaty between Great Britain and Rtifiia, de figjiatfi tbefe circuaaftancefl as DtCtfTary tocon ititu e a llackade, and it it believed that it was viKt viewed before ia a libt more fcvourabie io the invadmg powtr, The vefffla condemned were engaged in crr.mcrct bctwtcn theUtiittd States aud forhe jort ir Europt, or bete'n thofe ftatea etfd the -- Weft India lQode, belonging to an enerayof Great Britain. In ihe Eftrogeati .voyage .the cargo corfulcd of the produting of the colo. - ci"3 ; in t lie voyage to the Weft Iodica, it con liiled of the gooda of the power to which the cl,:ny belonged, and to" which the fhip w ilftinH. " The fhip and xargo in eveiy cafe, "were the piopeity of American citizeoa, aud 'tbe caijo hud been landed aud the duty on it -i paio in inc uohcq otates. it waa ticciutu 4befe voyages were contiououf, aud the "vcfftl sad cargoes were condemoed oo the principle , tbat the commerce was illegal. 1 beg to refer Hoftrrine which they never heard of. We eouft look for it to an authority more nodru to 00c which, tviwewrr fpeclable for the fearo- ana io its application to different jfortions of the Ifcrn'tof y of the fame power ; that it ope rates faoae mode, in refptct'.oone, and io an mg and proiellioual abiikice of the Jodee wb0 ' Ovbcf, or even t ot at ail io VcfoeA to another pi mutt, m( revtitheltti, one which, f'om ma. taat trie ngrtB c of looOdcratioaa, fa not obligatory 00 other powers. In a report of the dectiioos of the court of admiralty of this kineviom, we find a Dotice of a ferfca of orders ffiued by the govern mtot, of different datea and importe, which have regulated this bufioffn. 'he Cn$ of thefe bears date on the 6th of November, 1753 ; the ftcond on the 8th of January, 1794 ; the third on the 25th of Jaoujiy, 1758. Other ordera have been ilTued iince the commencement of the piefent war. It ja. thefe order which have ao . thorifed the feizureathat wera made, at different times, ja tfcecotirfr of jhs Jaftwar aodwcrc lately roaJe by Britifh cruizrrs of theviflelaof the United States. They too form the law which bat governed the courts in the dccifiooa on the feveral cafes which have arifen tinder thole feizdtres. Thr firlt of thrfe orders pro hibits altogether every fpecies if'coramrr be tween neetral counuies and eaeiries coloDiele, aod between neutral and ofher ctintries, in the jxrodottions of thofe colonies ; the zi aud fob- t fequeot eri modify it in various fyvms. 'lbe doclrine, hwrr, in every dcciCnt is the fame; it i contended in each, that the chatac ter aod j ift extent of the p inc'ple is to he foood in the nrft order, and that cvv-ry departing froro it ha been a relaxation of the principle, not claimed of -right by neutrals-powers, but c o, ctded in their favour gratuitoufly by deal Bii lain. In fupport of thefe orders it is uiged, that as the colouiat trtde ii a fyttcm of monopoly to tbe parent couairy irj time of peace, neutral powers have no right to ; participate io it io .l:wrt:Uihighj.lij ht peimitwd f to do by the patent country ; that :jk 'kelUgereni has a right to inlet d.A thee from fuch com nierce. It is n this fyilem of inl'ei nal reftriict, this rcgulatioa bf colonial trade, by ihc powera having colonics, tfut B new piinciple of (be law of nations is attempted to b? founded ; one which fecks to dtrcriminate in r:fpt cto the commeice rfflcutral power, with a'biiiigcreat,' between different parts of the letruory ef the fime sourer, and likewifc fubverls many other principles ot importance, w!i:ch have heretofore been held facred among nations. It is believed that fo important a fiipC'tiru&ure was never raited o (o flight a foundation. Permit me to fk, does it follow, becautr the. parent cotinTty mooopolifes in peace the wh.Je commeici its colonies, that in war it fhou'd have rio tight to regulate-ft at all ? That on the conttary it" fhould be cot ft rued to transfer l.i equal extent, a right to its enemy, to the prtjudice of 4 he parent country, of the colotiiee and of neutratl fo ci6 i It this dotVioe was found, h would ceitainly in II it ute a new and fingulai mode acquiring ami lofing lights f ooe which would be .highly advantageous . tocipBrty 'hire jt; was equally injarioiia to the oihvr-.- To the co lonics, moie tl'pccially ic wou!d prpVe peculiarly onerous tnd oppreflive tt.-is, known that they arc efl'entially depeoctcn't for their eViftcoce 011 foppliei front Ctbircountrifs, cfpecially tht ljv St tC8 of America, who bein In their neigh- bourhood, have tne means at rarnunirigineni ad on the beft Is it not fufficient thit they be fubjcA . with terms- ed to thai reftf aitit in peace, when the evils at tending it. by the oCcaGonajinterfereoce .of the parent country, may be.and are frequeatly repaired ? Is it eoijfi!lcnij:'witb juftice or hu -manity, that it fh)tild becoaverttd into a prin ciple, io favour of an enemy, icexol lbleof eourfe but othcrwifu witb.cut the means of jiilning to their connplaiats not for their difttcf or op preffion only, but for their cktSiroiaatton ? But there ate . other bfuperable objections to this doctrine- Are not the colonies of every country a part of its Hoaiafo, and do they not Contiruie.to be fo until they are fevered from it byxonqaeft ? Is not, the power to reRutate Commerce incident to J:e foverciguty, and is it not co-extenfive otr the whole territory which any government pofTeCTesf Can one belligerent acquire any'right to the terriioty of another, but by jCQjqtKd I And can any right which apper tain thereto, fee etberwile dettated or curtailed ght's of"hamaoity,.cf Dcutral powers, and all othtf rtghta arc to fiak befoje it. It n further urged that Htutral powers ought not to complain of this lenraittt, bxcaafethey ftand under it, on the fame ground, with refpetf to that comsncrce, which they held in tic cf peace. But this fa&.nf true, give? n6 (juppoit to the prctcrfijn. The claim iuvolves the qucf tioo of uhr, not of iuterdt. If the neutral powers have a rijht io war to ftch commerce with the celoniei of the enemies of Great Bri tain as the parent ftates refpeAivtly allowed, they ought not to he deprived of it by her, nor canjij ju(tM:laimr-be fatiafitd by any coropro mife of the kind alluded to. Tor this argument to have the weight which it is iutended to give it, the commerce of tie neutral powers with thofe colonics fhould be placed and preferved throiighthe var, in the fame ftate, as if it had not accurred. . Great Britain fhould iiTrtfoeft to thcru take the place of the parent country, and do every thing which the litter would have ilnn had there been no war. To difchartrc tH uty, it would be riecCiTary fr her to eAa tahl-.Q luch a police over the eoleny, aa to be ifcl o taarniae the circuniftancf3 attending it annually, to afcertain whether the crops were aSundaiit, fuppliea ftofls other quartets bad fail ed, aod Vveuiually to decide whether uuder fuch ciicuroftancct) the parent country would have Opened the pom of ncutial powers. But thfe offices Caiuuot be perfbtuicd by any potv rr v?r'',tQ.j 'ot ia poffeffion of the colony; that Can only bc obtained by conqueft, io which cafe', the victor, would of eourfe hare a r'ght to te gnlate its trade as it thought lit. - ? It is alfa faidr: lhilZnKetrat3 bavciio t'ibAio proSt of the advautajts which are paio ed io war, by the arms of Grcit Hot-in. Tliis arguoicot has even lefs bright than the others, ltdoctoot, iu ttuii, appiy at all to the ques tion. Neutral powers' do iot claim a tight, rb already obfer-v'ed, to any comrreree with tbt colonies vvhic'a Great Biitain may have conquet ed ot her eccmicii, other wife than on the-conditions which lhe iaipofet. The point in que lion tvrn chi the commerce which they arc err7 titled to with the colonies which fhehasnot conquri(d,b.i't dill remain fubjeci tothe dan-oion of the4j.?areRt country. With tuchif ia cou-terrdedfu- reafouv that hve been a:idy given. -that ntotfil powem have a right to'enjoy ell the advantages in trade which theparent coun:ry afiowi tlietii 1 a right of which the mere cir. cumltance et war cannot deprive ihetrr if, Gieat Britain had a right to prohibit tbatVoai. mercc, it txifled bttlorv the war began, aud of cbuiIc Lefoi c fhc had gained any advaomgr over tier enemies. If it did not then exiir it cer. iaioly docs nrtat the pit fen t lime, 'tights of the Kind iirqucliiiio, cannot drpend on the for tube of war, or other contingencies1''- The law hidrTenlates tkcni is invariable, until it" be chauged by the competent cUihoiity, It forms whiVh had ths arifce. That ftipularton vraa carried into complete tffect ; commiffioners " were appointed, who examined hborioufly and. fully, all thec.fcroT'ftizQre and coademnattou' . : which had tak'r place; and finally decided 00 ' " the fame, in which drcifioos they edodeosocd the principle of the order and awarded ronopen. ' fations to ihofe who had furFered noder it 1 Thefe awards have been hncca'rly and bonoar. . r ably difchsrged by Great Britain. It merit particular attention that a part of the 12th art i cle of that treaty, referred exprefsly to tbe paint to quetlion, and that it l on ike" falcon dt!. liberation cf each govcrnmeot, by their mutual , . cofifeut, CKpunc;ed from it. It feccas therefore 1 t be impolHble to t,onfilr shat trahfictioa, under all the circumltances attending it, ia auy xilher light thao as a fair aod amicable rttlt - S meat ef the queftion between the patiicat ofie which autborifed the j'jlt expedation, that it. would never have become atain a cfjfe of cera plaint between thrni. The feofe cf both was expt-efled on it iu a manner too marked aod tx- ' plicit, to admit of a difFeient concfufion. The fubjecl too was of a nature tbit when occe fee tied otight to be coni lcred as fettled forever. It is rot like euettitius f eomforrcc betweea Wore efpecially in this ftatetnent to the cafe of:, to t In whatever light, therefbre. thtf Tub. r - 'j.... --.'.- - - ' rt . J rv-t A uiHhK thai iSt Efiex, on kppeal from the judgment ot tuc vice a'dmuaity. court, at New Trovidcnce, in which the'lordacomnaiffionersof appeals in con. finning that judgment etlablifhed this doctrine h leq.res but alight vtew ot tbe iupject to be fasislicd that thefe eondVrnnat ions are tncom- .j .-.,l)le with the lawbf nations ai above ftated. ' " i " :F6f he -caffs have-.ioValv'ed a "qucftioh of .rabaid, of blockade, 01 of any other kind. - thafwarevcrcontrtiei tfH of later faworof v 'bcll'f erenT againft a -neutral "poeri ; t ho; -aty pii.iciplc that is app!iiVe to any fuch sett:, that the nealarc can be defended. On ;'hat 'pTufcip-e itico i; u fuppotAed by Great, ' iVritslo ?' What is the nature and rxteftt ?f jr ' Jo&: Joe What are the ctrcurdftaiic.es wltteh tcommend the afgumeBts which fuJpo it. LFcr information onihejejwints re' can not refer - totbewtJl known writer on the law of nations f :;: vi ii'uariiioii caa h: cbuiuc.I !ai the ai of a jcc is viewed, it appears to. rr.e evident that this docYrine cannot be fupported. No diftinc tion founded in reafon, can be taken between the different pstj qf the territory -of fhe fame pow er to-juttify it. The fcparation of one portion bom another by the' fta, gives lawfully to the belligereat which is fuperior on that element", a vaft afcendancy ia all the concerns on which the fiicdefsV the war, or the reiattve prcirperitf ot their rtfpecYive Jominious, my in aojr de. (Tree 'depend. ' 1 opens to.Tuch power ample mca'ts for its own aggrandizement, .and for the haraff nent aaK.oillreia of ita adverfary. VVith thefe it tluuld be fathfied. But neither Can that ctrcomttance. fnof can any kind cf toterua! arTangificnt which any power may adopt for the government of rta.orttiniobsi. be conitrotd 1 .v giv..- to " enemy any other advantage over it." TheTveertainlf do not juttify, thtf doctrine in rrjc'll;tj. which affcrts that the la w of v J9 a itile tquslly becwen. belligerent powers, and between ueuu.il and btliigcicnt, hL his dic tated by ifafon aud fauctiuuevi by the ufage and confent ot nations. , . The foicgoing conijJerattons hsv;, it is pr; fumed, proved that the claim of Great Briratu to prohibit the coraavttce'of neutral powers, in the manner pi opofed, ia icpu;ocut to the law mf nations. If, however, sty doubt remairh on that point, other coiifnitrations1 which my be Ugedcaonot fail to remove it. The number of erdcitof different imports which have been iflued by government, t regulate the fciznre of neutral vrifcla is a pi oof that there is 00 ctta. blifhed law for the purpofe. And tbe fcridtnefs with which the courts hate fofiowed thofe ordts, through their variobs modificatioc?,' is eqijally t procf that there is Dodtbef authority forjhe government of their declfioni. If the order of the 6th NbVember, 1793. cohtaincd the true doctrine oftfie lawof naionsV there would have been no occafloo for thofe which followed, .nor is it probable that they would have been iffued. Indeed if that order had been in conformity with that law,: there would have been no deca fion for it! As in the cafes of blockade and COrftTaband, the law there' would have been well known without an order'", efpecially one fo very definitive ; Mhc intereft of tbe cruizerghich is always fulSciently active, would bate prompt' 4 ed them to make the feiiiures ; attdthe opini eai oi' emiheht writers, which in that cafe 'would not have been wanting, would have fur. Luilhe'l the cuurla the belt authority for their dec'uons, 1 IhaU.now jiroceerj U fhew that the deciG oos complained of ate e'ntrary to the under. Aandiog, or what, perhaps, may more proper ly be called an agreement 6f the two govern, ments, on the f abject. By the order of the 6th of jjovembeii' I798, fome. hundreds of Ameri ca veGeJ$'were" feited, carried iotqr port ad. coadcmoedv Thofe feizures and condemnations became the fubjed of ai immediate tregbciation betweea'the two nations, wlticjh terminated in a tieaty, by which it was agreed to fuSmit, the ' whole fjljccl to corttmiffioners., wild fhould be invefted wiih f-j'i power to fettle the controveify two powers, wla;k fcffefl ibvir iuteinai eenccrna and depend, of couifc, 00 the internal regela ttons of eac!i. Wbco thefe latter are an a'lgcd -by treaty, tLc rights which accrue to each par ty under it, io the interior of the other, ceaie when the trcl'y expires. Each hjs a right after wards to decide for icfelt iu what manner that concern (hall be regulated in future, and io that deci&on to coufult tolely its intereft. , But the preftrit topick is of a veiy different cherscttr. 'It' involves no quetHon of comatetce or other internal concern between the two natioos. I( refpects the commerce only, which either may havr witb the enemict cf the other, id lifte of war. It irivoivt'3 therefor, ouly a tueHion of right, under the law of nations, which in itft -: raturecmnot fltctnare. It is proper to add) that the con elusion above irietrtioned, was fur tlicr fupported, by the important fact, that uuu'l ' the Lte-dectee, in the cafe. of tie EfTex, not oue American vrfTel, engaged in this commerce, had bcrn condemned on thit dottrine ; that fe ;vtral wfcich were nt in ihe'channel, 'by the Eritifli cruhii, weie permitted, after an exa mination el their papers, to porfue their voyage This circumllancc jHlliMed tbe opinion, lhaC ihe commerce aa deemed a lawful one by Q . Britain. r" """ There h ano ber ground, to tfch tbelate feizorcs and condemnations are conftdered as highly oljtaiouablc. and to fviuilh iuit caufe of complatnt to tb'e Uoited States, Uotil the final report the cOmmifaoucrs undtr tbe 71a article of the treaty of 1794, which was not made until laft year, it is admitted that their prbifsment was not obligatory our the partita, in the tcufe whic?i it is now conteuded to be Every intermediate declaration, however, by Great Eriioiu ol her fehfe n the fubjeft, mutt be conildertd as biuding "on her, as it hi the foundation of .Commttcial ntrrprifs, whicht were thought to be fcctite while within tlac limit. Your htdffeip will permit nre; to refer you to feerl examples of this kind, which. were eqal!y fotrtil and rfticial, in which ihe fenfe his nujerty's goveuvmeot was declarer.! viry differently from what it has been in" the late condemwattoJis. Io Rvb'mlon'a reports, vol. z. 'page 56$, (cafe the Polly, L.fkt, maf er) -jt feem to hawe ben clearly rlli.b.i.'l.cd by the learned judge of the c-iUrt of admiralty that an American has a right toirtvpori the produte ; of an ccemy's colony into tne United iitatee and feed it on afterwards to the genetal co-n-meice 6f Europe ; and that the Undiug the goods and paying the '.dories' in the U. State ft u'd prt elude ail turther qucilion relative ro" the voyage The terms " for his own ufe ' , which ate 10 be found in the report, are obvL Duflyititerrded to alfert the clvca aulj That the property Ihall be Atncricao, .and ot that otaa enemy, by admitting tbe right to fetid od the produce afterwards to the general commerce-jof Europe, it is not poffible that thefe terms fhould convey any other idea. A lonajiue importation ia alfo held by ihe jdge to be fuisfied by the landing tbe g"ods and paying trie duties. This, therefore, is I think, the true import of that decifro5. Thr doctrine is agaiu laid down ta Hill more explicit' terais by ihe government iu fIf, in a correfpondence between loid Hawkef burV and my predceffir, Mr. Kinj. The cafe .'was prccifely fi;i!ar to thole w'liwh have been lately beforethe cooit. Mr King complained in a letter of the 1 8th Mirdi, "1801, that the cargft of an American velfel going ' frrifrri the United. States to a Sparuiib colooy hsd " bee" condemned by the vice admiralty - court of Na&u,' on the jgitotiind thai it "was of the growth of SpaTarwhhWctfion he contcuded wmwi -trary to the law of nations, and reqieltcJ that fuitabte inrtructjon? oaight be dlfpatcbd to the j proper ofTijers ia the WcTt Indies! to prevent' like abufesin future. Lord Hawkelury in a " reply of April t ith, commuoicaud the repor; of the kiag's advocate jeteraLra which .it "la f ' prtfily'liaixd-tnat ihe produce ao . eoemjf siif. be Tm ported . by a ueutiaTinta - hia owa ' - 1 ( Conclude J in last pag&jf :c ; -t-:- 1 1 4. .1 I ' 1 ! ' T ....
The Raleigh Minerva (Raleigh, N.C.)
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March 3, 1806, edition 1
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