North Carolina Newspapers

X t ri -:r V'V' iSM-.- -V ' . 'fM' " . ' ' - ;' - -v.;- . v A ;-t - "... tc. : ' :--v .. ' 5 " JtxxSU , - v; v ,- ' SMMmM'afQ&na State GdzeUL , : " . l' ; ;;.!;r ' . :: '-J-.' .WW'S ' 'V ! ' . t f' il. AN v . ' IMPORTANT;,. . q ' and -r. :' ' LUMlNW5:,CqMUlJICAT: 01 67 the Iit S merican ana ; voreignumfny and other Persons, I . ; If has become manifest to' every attentive observer, JtbaUhe eairijrand continued aggressions of Britam on our persons, oiir property, and our rights, imperiously demaod a firm siafld. an effectual, ho,caln1 system of measures of "arrestaiion. Ji'ic nnrnnspi k is onrxdutv to i Xvi r ' ' ... 'i make ourseive completely master of the great truths and arguments 13 which our rights have been elucida ted, supported and maintanieu On the 17t.hof January, 1805, th President of the tntted 'States com- municated to Congress an extract of a dispatch of Jas,. M tdison, oar Se cretary of State, to Jas. Monroe, Esq. our Minister in- London, which coji- I r tains. many facts highly important, and observations and arguments per fectly satisfactory and conclusive a gainst 44 impressments of seamen and passengers, whether fore gn or A merican. on board of , our vesseisJ" , The re-publication of that document at this crisis, will a once display some of the , reasons on which the J government has probably declined to sanction the recent draught of a trea- u with G. Britain, and will eluci date the ground on which the ques tbn of th- impressments of persons, both native and alien, has been rest ed bv our administration, r ' Extract of a Letter from the Secretary of State to James Monroe, sq dated 5c h of January, W We consider a neutral flag, on the high seas, as a safeguard to those Sailing under it G. Britain, ori'the contrary, asserts a right to search for, and seize her own subjects ; and under that cover, as cannot but hap pen, are ofien seized and taken off, iCitizens of the L'. States, and citizens or subjects of other neutral countries; navigating the high seas, under the protection of the American fl.vg. Were the right of G. Britain, in5 this,' not denied, the abuses flowing from it would justify the U. States in claiming and expecting a. discon tinuance of its exercise. Biit the right is denied. Scon tbtebest grounds. Although G. Britain hts not yet adopted, in," the same latitude with mos; other nation!, the immunities of a neutral ft ig, she will not deny thf? general freedom of the high seas4 an d oi n eu trai vesss Is n a vi gating them, vilh such exception only as are an ntxed to it by the law of-nations.-- t ' . A. . ii t , musi proauce Latn sucn.an ex- 'tTteition in the law cf nations, in fa of the rights she contends' for. - Lf At in what written and received au honty will she find it r In what jsage except her own will it be found ? tihe will find in both, that a neuiral vessel does not protect certain ob jects denominated contraband of war, including enemies serving in the War, iter articlesgoing in a blockaded por't," nor as she Itas inaintajned,and as we have not contested ehemies proper ty of any kind. But no where will she find an exception to this freedom, of the seasj and of neutral flags which justifies the taking away of any per. son, nut-art enemy ti viuitary stfyic'i found on board a neutral vessel. " If treaties, British as well as others, hve consulted on the subject, it wlil equally appear, that no countenance ''y thz practice can be foCind in themi Vhi!st they admit -a contraband of WaV, by enumerating its articles, and the effect of a real blockade by .deft iung it, m no instance do they raffing Or-imply a right in any,soverti'gn to in force his claims, to the allegiance of Lis subj-cis on board neu.tr at vtsHls tn the high secisry the contrary,' ?.vh incver a belligerent claim against persons on board a neutral vessel, is referred to in treaties, enemies in mili;ary service alone are excepted ii om me general, immunity of per tons in it. . ,Itis not then. from the law, or. the usage of nations, nor f.-om the" tenor of the treaties, that any sanction can be derived lor the" practice in ques tt-jn. And surely it will not & pre tended that the sovereignty of any nal ii-n extends h any ense whalevei.. byxnd its c'jsn'doinUrtshxiiis own fimftpti .theMg$iedp; Such a dod- ft trine would give just alar ni to all na uuns,ana noreinan any 'tiiqgpiiici cmintenance the imputMn of aspi- ringUuniveleni the seas; It-AfpUtfl:: thej lesiHimisiible' too,' as it would be appickble to times; of peace, as yell as- to times of war, and to pnbperty as well as to persons. If the law of allegiance, . Which is a mtiiticipall, be in force at all on the ., . . l . t f - . . : i , high seas, on board fbreigiessel. ii iiiusc oe so at aii limes mere, as it is witKints acknowled ged sphere. If the reason alledged for it be good In iime' of war; namelv, tliatahe so- veretgn has then a right to the ser vice of all his svtbjects, ': it 'must be good at all times, because at all times he;has the s une right to their ser-; vice War is not the only occasion for which "he may want their ser vices, nor is external Uahger the on ly danger against swhich their ser vices may be required, for his secu rity. Again, if thd authority of a mu nicipal law can operate on persons in foreign vessels on the high seas, be cause within the dominion of ihetr sovereign they would be subject to that law, and are violating that law by being in- that situation, how re ject the inference that the authority of a municipal law may equally be enforced, on board foreign vessels, on the hicrh seas, acrainst articles of prpperty exported m violation of such a law, or belonmner to th 5 country from which )t was exported I Anu thus every commercial regulation, in time of peace tooj as well as of wai would be made obligatory on foreign ers and theif vessels, not only whilst within the dominion of the sovereign matting the regulation, but in evtry ssa, and at every distance where an armed vessel might meet with them Another inference deserves attention. If the subjects of one sovereign mav be taken from the vessels of another, on the high seas$lhe right of taking mem wnen touna, implies me ngnt ot searching For them, a vexation o commerce, especially in the timeOf peace, which has not yet beep:' at tempted, and which for that a wel as other reason may be regarded as contradicting the priaci pie from which it would flow. Taking reason and justice for the testvof thu practice, it' is peculiarly inaeiensinie ; because it deprives the dea est rights of a regular trial, to which the rnost inconsiderable arti cle of property captured on the high seas is entitled ; and leaves their destiny to the will of an officer, some times cruel- often ignorant, and ge nerally interested by his want of ma riners in his own decisions. Whene ver property found in a neutral ves sel is supposed to he liable on anv 'rounds to capture and condemna tion, the rule in all cases is that the question shall not be decided by the captor, but be carried before a 'legal tribunal,- where a regular trial may be had, and where the captor hirn- seh is liable to damages for such abuse of his power Can it be rea sonable then, or just, that a bellige-. rent; commander, who is thus res trictedi and thus in a case of mere property of trivial amount, should be permitted, without recurring to any tribunal whatever, to examine tjiev crew of a neutral vessel, to de cide the important question of their respective allegiances, and to carry that decision into instant execution, by forcing every individual he may ehusjerinto a service abhorrent to his feelings, cutting him off from his most tender connections, exposing J his mind and his person to the most uuuuut'ung; discipline, anu ms niej useitito tne greatest dangers r liea son , j usttce and. humanityltmite in proiekting against so extravagant a proceeding. And , whatis;!the,pre-; text for it ? lO& Aai the jsimtlarUy ofjanguage and features bet weeniAT merican citizens and BrJtfeli'JsubjectsJ' are such . as not easily to be ,distin guished ; and thatWithout ihis arbi trary and summary authority to make the rli4t5nrtinn. Rrif ih hhiprfs vf,ilfl I escape, under the name of American r ciu :ns, from, the duty which they owe io their sovereign. , Is then the difficulty of distingui$hihM of une .country frbrnt he- m'aViner of ihe other, and tfii- importance of .'lis' services, d-gobd plea, for refer- ingthe autstiprihethefife belongs j io the oiks or to the othir,?to an ar bttarv by - an interested and unresponsible pfnctfr In; I;otercases and ttie . iriatpntaejbf qiijions ure con- sidd;asreasforeirin fer care and fdrrn them. To say that precautions'- of thi.pijare ; ;c.bmpaitible witli the objectsjto $ dmilhejolectis unjus . tifiable; - since the Jon iy 'means, by which it can lie pursued are such as caWot oe justified. ''The evil takes a deeper die, when viewed in its practice as well as its principles. Were it allowable that British subjects should be talieh out of American vessels on the higlljseas, it 'might at least be required that the proof of their allegianceshould lie On the British side. This obviods 8c iust rule is however, reversed ; and every seaman on board, though going from an Amerjcan.port, and sailing undei the American flag, and sometimes even speaking an idiom proving him not to be a British subject, is prtsu med to be tucht unless shewn to be m American citizen. It may safely ie affirmed that -this is an outrage ind an indignity which has no prece dent, and which G. Britain would be among the last nations in (he World to suffer, if offered to her own sub J jects 'and her o n flag. " Npr is it j always against the -ight presump-J ion alone, Which is in favor of the ct- izenship corresponding with theilag, hat the violence is committed. Not unfrequehtly it takes placein defi- ncc of the most positive proof, cer ified in due form by m American uncer. j-iet it not te saHi, tnat in granting to American seamen this protection to then rights as such, the point is yielded, that the proof lies .m .the' American side, and that the want of it in the prescribed fotm jus tifies the inference that the seamen is not of American allegiance. It is iistmctly to be understood, that the certificate usually called a protection o American seamen,' is not meant to protect them under their pwlt, or evtn under any other neutral flag on the high seas. We can never admit, that in such a situation, any other protection is required for them, than the neutral flag itself on the high seas. The document is given to prove their real character, in situa tions to which neither the law of na lionsnor the law oftheirown coun try, are applicable ; in other words to protect them within the jurisdic tion of the British laws, and to -secure, to them, within every other ju risdiction the rights and immunities due to them. , If, in the course of their navigation even on the hieh seas, the document should have the effect of repelling wrongs of any ort? it is an incidental advantage only, of which they avail themselves and is by no means to be misconstrued in to a right to exact sucji a proof, 'or to make any disadvantageous infe rence fromthe want of it. Were it even admitted, that cer- uncaies ior proiection mignt De just ly required in time of waf, from A- meriean seamen, they cbuld only be required in cases where the lapse of time from its commencement had given an(opportunity for the Ameri can seamen to provide themselves With such a documents Yet it is certain,' 'that in a variety of instan ces, seamep have been impressed from Arcierrcan vessels, on the plea that they had not this proof of citi zenship1, when the distant places of the , impressments demonstrated the .3 uemonsiraieu tne heiMsLnowirtin time roofi that a state of . .' ' -.' ' '. , impossibility of ih to provide the nroo war had rendered, it necesWary; 'HtTicid;14Csh'arced V ordered - tall Whether, therefore, we consult the law .ot nations, tenor of treaties, or the dictates of reason and justice hp; warrmityw pretextf$an be Jbund j'jr zne &rmsrtfpramcc, oj making impressments J? om Americdn ves sels on phe high seas, : :-'.,.i Great Britim has the les tb;say in excuse for this .Practice, as it iskin ,'ciirecontricjUon, tb thetrinciples, on which she tVoceedsn i othr.caSeis. Whilst she.ciaims andvseizes pn tm high seasT qp' pwlb subjects volun tarily ; serving in , Ameiica n vesiefe, i she has constantly given,. wjien-she could ive, as reason fbr nbtdis chargingfrom her service Americap citizens, that they Lad voluntarily engaged m it. xsay more, vvliiKir sliis impresses her cyn subjects from .- :- . - - . . ... tHe- American service, although they may nave: oeen settled ana mainea and even ;naturaiizect in thUnited "States, sb&constantl.refuse4.to'-'fe leasefroni hers,' American ' citizens impressed into it, whenever she can give foV, a' reason,' that they were ei ther ..settled or- married withinjier dominions, ? Thus, when the Vdltm ktaryConsent of theiridividual1 favors ner petensions, sue pleads tthe,vau dity, of that consent. WhenHhTe Vo luntary consent of the indTvldUals Stands in the way of her; pretensions, it goes , for nothing J When mar riage or residence can tje pleaded in her favor, she Avails herself of the plea. When marriage and Tesldence and even naturalization are against her, no respect whatever is paid to either I She takes, by 'force,, her own subjects voluntarily serving in our vessels. She keepsby force A merican citizens in voluntarily serv ing in hers. More flagrant incon sistencies cannot be iniagined.; ' Not withstanding the powerful mo tives, which ought to be felty by the British government to relinquish a practice which exposes it to so many reproaches, it is toreseen. that ob-. jectiohs of different sorts will be pres setTbn you. You will be told: first, of the great nu mber of : British st a men in the American trade, and of the necessity tor their services 'Hi- time of war and danger., Secondly, of the right and the prejudice of the British nation with respect to what are called the British or narrow seas, where its domain would be,abandon ed by the general stiDtilation reaul red. Thirdly, of the use wnich r .... "-' would be made ot such a sanctuary as that of American vessels, for de sertions, and traitorous communica tions to her enemies, especially a- crqss tlie channel to France. 1st. With respect to the, British seamen serving in our trade, it may be remaiked, first, that the number, though considerable, is probably less than may be supposed. Secondly, tha,t what is wrong irt itself cannot be made right by considerations of tx pediency or advantage. Thirdly, that it is proved by the fact that the number of real British subjects gain ed by the practice In question, is of considerable importance even in the scale of advantage. The annexed report to congress on the subject of impressments, with the addition of such cases as may be in the hands of Mr.Trving, then our consul" in Loudon, will verify the remark in its application to the present war- The I statement made by his predecessor nurutg , iijc idsv. war, ana wmcn is also annexed, is in the same view still more conclusive. The, state merit comprehends not only aft!he applications made by, him in the first instance, for the liberation of impres sed seamen, between the month of June, 7$T, and Sept. I SO I, but many also which had been made previous to . tins agency, by Mr rinckney and MH KingV and vyhich it was necessary for him to, renew. These , applications therefore may fairly, pe.. considered as mbraciBg the greater part of ihe. period of the war ; a;nQ as applications are known to be pretty indiscriminately:: made, they may further be cohsldeied as: embracing if not the whole, ; thenar greater part of the impressments, those of British subjects as well as others, v Yet the result exhibits 2,059 cases only, and of this niim- oer seamen ouiy, oeiaica as j bejng British subjects, which is less i lhan 2 J-9 of the nuraber impresjsed,'' . '.i':-, , i' t r " i' J ...... i ' t i .. . 1 1 oer IU2 seamen only, detained as 1 be so, as not beihg; Biitish subjects,1 whiqh is mbre thjn half of tile whole t niimber, leaving,, S05 , for fur. her , prpof, ?vit n the, , strongest presum p- Udnvtliat thet greitr; part, i not the 4vhpley; ere Amaricans oi- other a- flien&f yfhosel prodfof citizenship hadi! tentions scarcely kiMi lriitrpvtiYivi- r wli ofn- ' vereia:ntv over t! rtinnwniiifl arcmrAt I fnv th? .:ftiffiru 1 i the Bntisb I4eS, V es,and delays id producing iu SoHape rin-stere to tnesoatnanu.v an tbat it is certain, tnat tor all the ijri- j tisli seattienr gained by; this violent proceeding more fhah an eq ualnum- j ber. who were riot sVj, Wjere the vic tims ; it is 'highly probable that for J every Britisn searnert so gained, a j number of bthers, less than 10 for 1 one. must; have been the "victims, & it is even possible that this number -may have exceeded the propertionofi twentv-o one. It cannot therefore " he ' doubter?, thar theracqujsitroi of Briiishrse men, by these impressment's,' what eyettnay be ? s 'advantage,, i's ljft in the wrong donVjo'" 'AWncani nordntly, Jtir wilfully, mistaken for 3-.. British subjects, 'in the -jealousy and ill wifl excited aniong ,;all . maritime nauons oy an annerence .to such a practice, and iu the particular provo cation to measures of redress on'the part of the U. States, . noj less disa- Lccaujc w mem, Lnant ernnarrass- -f mg to Great -Britain,- and -which .nra threaten, the " sood -understand irf w h ic h o ugh t tb be faith fully cu it i va- ted by bot li.;. The co nv of a hi It brought intojeongress under the in- 'i ;i our flag, gives force to the latter con'r sidertioh. ; Whether it will , nass iUO a law, arid '.at the present ses siobv,iskmfe1thdn can yet be said; As there is eVery i'easoa to. believe that it has; been; proposed with re- luciauce, u-wui proDaory .not oe pui -i ., ii sued into effect; if any hope can he suppofted of a remedy,;- by an ami cable arrangement bettyeen the t wo nations. ; . . . There ts a further . consideration wliicb ought to have wight'irithis cuestivn. .v., ' ; ' ):?.',' Altliough the British seamen em ployed ir carry ipg on , American' commerce, be. in some , respect Iosb co ineir own nation, yet sucn is -tne intimate and, extebstye connection ot ? lli5' rnmmfrrfi.' rlirf -ii.,-t I tous, with the commerce, .the man ufactures! the revenue , 'and the gene ral resources of the British nation that in other respects its mariners, on board American vessels, rti ai truly be said to le rendering it the most valuable services. It would not. be extravagant to make, it a question, whethep Great , Britain would not suffcrJ more by withdraw- ing her seamen from the merchant ' - , -. . . ) vessels of the United. States, thun her enemies would suffer from the A addition of them to the crews of her i ships of war and cruisers. . - ' Should any difficulty be started concerning seamen born within the! British 'Dominions, and naturalized -by the United States since the treaty oi" 1733, you. may remove it by 6b- 1 serving; Fifst, that very fe, if any, such .naturalizations can take place, tb$ law here requiring a preparatory residence of five yearsj with notice of the intention to become a'oitizen entered of record two years, betore' tne;lat necessary iormality, besides a 'regular proof of figood and moral character conditions litilfe likely to .be complied w:th by ordi nary seafaring persons Secondly ' that a discontinuance of impress--' ments on .tire-High seas will preclude an actual colfision between" the in-r terfering claims. Within the juris, diction of each nation, and in their respective vessels on th'e high sea, each will - enforce the allegiance which it claims. In other situations ihe individuals doublyclaimecii r will be'vithin a jurisdiction independent of1)fth'-.ntip'f'4; . - " 2dly. . The, British pretentionsto domain over the narrow seas', ajie, so obspietel and so indefensibly i at they never would .have-Occurred as a probableobjertion in this case, If Uiey had not actually frustrated .air-arrange nient settled by Mr. Kin witlv the British RItnistry on tHesubJect . of impressments from American ves -sels on tlie hih seas. At the mo- ment wnen the articles -were, expect I ed to be signed an "exception" of the''V- narrow seas was urared and in- sisted-ofi'by Lord St. Vincent; ?'M - w 1 j being, utterly inadmissible on out- part th hegocjation was abandoned. . TKp nhihnn in itself has re.rtain- iy not5 the ilighielEbatiorTfre - time has r en indeed wben England not only, claimed, but exercised pre- lnlerior to lull so- ,ic seas surrOuntiinii: and even as far as Staieny " in - Korw'ay. to.ttie hU.' Jlp. " : was a lime", hpwevcr Jw-Jfeai' had little share in detiijn the law,; and the.i! JnWrajl': ' ": tions, Vhen power xdoDe.de'cided the ... questions of .right, and when, igno rance and want ofcoiiceramQpj ma- ....... ritime nations faalitaicdVsucBt an "u- - surpation. The progrcs of civi ia ; ticn-afid information has produced a 1! VUM'RV ' - ' ' la 4- . i 1, 12 4 If. - 1 f - t-. fro -