' COMMENTS,
On JXfA"" JlitvrdilUi and Jlnti-Amc
An honest bcart'is . the tutest stand
an! of rnoral reciiudc ; What gires it
pleasure -is cwonwu with that Qirinc
principle - impUnted by God in:,the
" breast of man, ta guide him through
"the changing icenea of; Jife, and wbat
giTca it pain M5entlalljdiiagrcefi(h
tbat harmonious tyatcm wbich alone
taJItes'Vith reason and'li the tource of
' equity, and jusuccV' hftlrifatliblc cri
tenon may bc jipphejl to all owr actionv,
in m public'cr private situation, and will
ntref flil to tell hir it right or wrong.
In reading Mr. Pickering's last ap.
fcali ft-fAefrrtfe, what must have been
the feelings of the upright. men of ajl
parties U) ticw sn American born citi.
zen, a gentleman who has held under
the eovernment of the Unittd Stttes e
juinent miliury and , ciril offices, who
once has been at the head of their fo
reign relsion, snd who claims.the ho
nour of' Washington friendship and
confidence, become the champibn of an
other country, when the righ;s, the ho
nour and the digni y of the nation to
whkh he belongs are commlt ed with
that country, and torture his understand
ing to stamp his fcllowitixens with in
"Hrcy, to. belie their, word, to disgrace
their infant nary, and to present to the
world their conduct as unwarrantable,
and their valorous actions as those of
vile murderers ! i It is morally wrong
and politically criminal. ' . But his pen,
tottering under the ' irregular pulsation
of an agitated conscience, has involved
him in an inextricable Ubjrrin'hjof non
sense and inconsistency, where he shall J
be pursued, delected and brought to
ah me.. Let us follow his wandering
ateps and mark them. 1
In-the numbers XVI and XVII )f
his appeals to the people, published in
the Gazette of Albany, Mr. Pitkrring
informs us, that the result of his obser
vations, since he occupied a seat in the
Senate of the U. States, enabled him to
assume it as a notorious fact, that our
rulers had evinced a manifest partiality
in faor,of France ; that the secret de
sign of the administration had been con-
ttsunlly to involve the United States in a
war with Grckt-Britain ; that the late
occurrence, the hostile act of Commodore
Rodders has led hinvfnto a new train
of thought upon thatsubject, and that
the meeting cf the. American frigate
with the English sioopof war was doubt
less accidental, bu in fact the result of
previous orders to pursue another fri-
"-gite, the Guerritr, which has been cn
g8gcd in the business of. pressing men
cn our coasts ; and to prove it, he state,
' that Commodore Rodgers was U or 15
leagiles from Cape Henry when he dis-
cotered the Eoglish sloop in.ihe east,
and gave her chase for more than 6
hoors txtbre he came .up with her, and
be. concludes from that circumstance
Jhat this unwarrantable chase w&s in ex
eeution ej previous erdjrs, without which
Commodore Rodgers, commanding a
neutral armed vessel, would not have
felt Mmtztf justified in making it ; an
opinion which he ihinks is strengthened
by the approbation given" by, the Exe
cutive to the Commodore's conduct, and
the refusal to have it examined in a
court martiali where'the exhibition of
his 'orders'; might officially expose, the
' Itecutive to merited censure for, au
thorising an act of war. To elucidate
this point, Mr. Pickering supposes that
U in time of pesec two vessels meet cai
the high seas and hail each other, ncr
one will assert that either is obliged to
answer ; just as if two citizens meeting
.o the high way, the onexivilJy accost
. irg the other, is ptssed without an an
swer and unnoticed, oo one would jus
tify the formet in tuing h.s pistol or his
cane to kill or beat the other because he
was deficient in politeness ; but when
: nation is engaged-in war, to aend out
its armed vessel to cruise on the sea,
Ihc common high way of nations, then,
pronounces Mr. Pickering, the right to
chase, to hail, to require an answer, ac
crues to the vessels of the nation at war,
bee 3 use they have a right lo capture
thoseof the enemy: ' The neutral arm
ed .vessel, on the contrary, continues
Mr. 'Pickeringt her nation is at
prace.Vuh all other nations, professes
none of these rights, because they are
not nccesary to' any of the objects of
neutrality ; and pierce ; ;;ophe contrary,
stie is! bound to avoid every hostile' act',
except in her own dVfence, when un
justly i attacked. When.shfe meets a
belligerent armed vessel it is her duty
(according .to Mr.'Ticlkerjrria code) to
roakeL'knuwo her neutral cjiaracter to
preveiit. the.ahcdding.or jipnocent Wood
and the evils of war nanrdqd oy a re
fusal t$janswef. . As neutral the same
authnrity decides, that she has no. righj
lo chase, to hail and insist upon an an
swer, because she has nought to make
a caprure, and that the fngate President)
having none of these rjghts, -is respon
siblc tor all the'evils consequent on the
-hirhturrtion will be demanded bv
the British government and refused by
r i Wnsaan'act ofw-arwas intend-
ed. an act of war has in tact been com-
ur . ik. KII
ject w.nttd bj. the dmm..rat,or to
urinir on an enure uiwinuinwn v uet -
mJL; commercitl or otheiW. with
oreai-urium anu au ncr uumuuuus ui
ine tour quarters ci ine giooe.
: Such ar the desperate, curious no
tions of Mr. Pickering, relative tojhe
qdestion bo the law of nations arising
4ucuuu uu -'V'"b
from the 'late engagement, and they
nl., m rnntainrd in his Vol.
ominous communications, which I in
. 1
tend to erpof, my single object being
to wipe off om the nrst pages ot tne
history ofour.navy, the, hub which the
last degree pf political wickedness and
the errremlty of faction spouts upon
them. I shall not, however, take the
useless trouble to refute the erroneous
principles and the unsupported -. argu
ments set up by Mr Pickering. " it is
U..ww.ww.. j v & M
fr: j"..".T::r '
luvC UCWCpilOllV VTIIJ TflUi aim I
t J : J' v.f. U V.M..
ful liht which I hali borrow from
the- history,- the laws and the statutes of
Entrland : from the law of nation, from
iing treMie. betweeo.ntutr.1 pbw-
in. and from th'6-prdiMncc,, rulend
custom of mititlme nations relative to
the present caSe. 1 .
In matters of maritime affairs and do-
mioVn.Jlr. Pickering ought certainly
.o receive aa eridence, those rules! by
has for sereral centuries eacited her go-
femmcot to claim the jurisdiclion of the
seas which surround the British domi
nions. John Selden. a celebrated Eng
lish civilian, author of the treatise, en
titled, De Domtnio hi sris published
in London, in 3 volumes, folio, in the
vear 1726, Reports, that under Edward
the first, the sovereignty of England o-
ver the seas which surround her em
pire, was acknowledged by the majority
of the powers of Europe, and by seve
ral of them used on the same principle
as it was by England. The republic of
Venice claimed the dominion of the A-
drjatic, and the famous marriage of her
doges with that sea, which was per
formed by throwing into it a wedding
ring, . was merely an act of possession
which was so far recognized that seve
ral Kings of Hungary, Emperor of
uermany .ana rungs 01 xnapiea nave ap
plied to' h at government to obtain the
iberty of navigating tbat sea with their
vessels. 1 he Danes on the same prin
ciple continue to render all the nations
going in or out of the'Paltic their tri
butaries. The Swede pretend also to
me GQxnwion oi meir seas, x ne x urns
hvst'oh the same-right, and prohibit
yet tht passa-of the Black seai ex
cept to some xt the favored nations un
der ceriain restrictions ; and the Spa
niards and the Potniguese, from me be
einninc of their settlements in Ameri
ca, "have kapt euatca' castas on their
. r . . .. ..i'-n
coasts, io prevent inaiscnminaieiy(au
the veseels who had not special licenses
from approaching them. In conformity
to' these prevailing opinions among ae
veral nations, James the 1st, in the year
1604; drew a line around the coasts of
his dominions within which he declared
that he should not sufier kny "Vower to
pursue its enemies, nor even that any
armed vessel should cruize or lay at
anchor to watch'the vessels of England
or those of ber friends going in or com
ingou'tof her ports. J . ' " .. . t
. Charles the 2d, maintained by his
prpclamation, dated trie 8lh of Februa
ryi 1667s the principles, already esta
blished by his predecessors, and order
i . t
td hiS' then of war to fcDDrenebd -and
seiie' ari fir'eign vessels (ivertrjgandj
roving rieaf his haVbouwmf-c'Jsrsts with,
a! view 'to Kinder btnvrtfhe1 comq
mercc; ih , order torinfetteatte
6 condign punishment. ' "v ': ' V4 v ;
- Tnese principfes hVvepeen confirmed
add applied 'to the dominion of England
in Ainenca oy ine creaiy oi peace suu
rreuiralir between thetfrbwhs of Erancei
and GteatHritair)(it'Concuded,'atrI
sfrnmerilaleby the EriglilrV ciii-
lia'ni 'the Jmcriiaii treaty F both kin es
agree iu rcvaau ; iicuicTc aii . iuc uo-
minions, v riirAt "fre-mUeheei in
thcrri V and they fufthei stipulate "that
tbe complime f iaktinSib U fesid to the
.
' j, Ij . -
England and Spain concluded at Ma-
aidmnAatMr;ofbt(,pataes,!
1 1 : .,rii, rj - ;
FAW'WWiW W'l
whatsoever! are saved by both Parties in
ine mosi iuu ana ampic manner, r ,
:' "By the'treaty'of,Vesminstcn :l673,
the Uutch haveicKnowieuged'ihe pref
eminence of England on the JJritih seas,
8nd havc condescended t6 salute her nag.
. p-wk.l.m
"7 u,c vrcV U1 Vf ujr
1 fh trt tV rnnr hinra (hi Stnrlthnlm- in
1720, the crowns of .England: and JSwe
den agree,respectivelyV(o main taia their
rights ci pre-eminence and dominion
withintheir seas and waters, whatsoever,;
and grant one: another a salvo to .the
special regalities, rights and .dominions
of the crown of Sweden in the Baltic,,
and of the crown of Great Britain in the
British seas.
' ' Lbuis the XIV. of France was indig-
nn.Mh rtrtrtcirtn nlfr rtfrlriH - rail
British the
seas which bathed his shores,
I - 1 .
' "f suffer even that the chan-
v-..c w ,a. m,
successors to the present time have inha
led the same abhorrence for that doc
rn' .T rciT.
imB25.WiJ2S5?,S!!
trine; but their opposition notwithstan
' r " V"'.
fT afliKf
oommion 01 oreai oruain. ac is incn,
. . : . rni- t it ,
5 "JSJ-
.LTn
nZuAM&Z
kSg J
w r..y...i-. ----p -
to the middle point of the land Van . Sta-
atan, in Norway . ' v '
I find in no ancient diplomatic instru
ment, the extent of the navaj dominion
of England in America, which was cer
tainly very, aropfe according to the trea-
IV Of 1686. But the treaty Of peace be-
tween tne U.Oiaieaoi Amcuaiiu ins
n . . m i . i i .
Hntanmcjesiysignea ine-a may,
ioj, na seuiexi.aeaniuvCi7 iia iu.
between thenymd him. .By that memo-
rable treaty, the king r Great Britain
acknowledges these states, free, soye-
rcign ana inaepenaent ; rennquisnes io
iuciu au inc. chillis ui uuRiaiiu w -
propriety and territorial rights of them,
and determines " that their eastemboun-
uarjea .wHnFreiicim .i
twenty leagues of any part of the shores
of the United States, and lying between
lines to he drawn, due east, from :' the
points .where the boundaries , between
Nova Scotia on .the one pait, and t.ast
Florida on the other shaU respectively
couch the bay of Fundy and . the- Atlan-
tic ocean. it is prooaoie, mai in some
parts, mat line exiencs mucn iunncr
than twenty, leagues.' But by the most
unequivocal iroplicatiorii . we "rtainiy
have an indisputable right to hold the
land, covered or uncovered by water, at customs of the governmtntsii who op
the distance of twentyleagues from any tQ the pretcnsions Gf England the
part of our shores, and to exercise.on ,aws 0f nations, that indeneitd-
those premises (whenever we can)all the
right, of - pre-eminence , dominion and
sovereignty which were exrtised there
on by the Kings of iiiBritairj fbr no ci
vilian will dehythat as a hatibriiR at' li
berty togive up her rights, another is
also at liberty to acquire. them, "and that
the first are bound to submit totheir con-cesVn.-.and
the second to maintain
theiaiselves by force in possession of the
advantages which they have : obtained a7l
trainat that nation particularly Grotius I
Kporu(veralQples.cthat sort a-
iiKmg wHitu r mj
MV" 1 t r . 1 1 would aisGrrace me toncueot' an-MUient. n narte as to tneia.-ret. i t
h.a,fVtngl'?h 2?.".?' vV- party spirit and passion clo ha r' ' WaCGHEEN, c c k .
laws and more sxy ibye.)ce:r,'has
ma'ihUmWheFffirhlm
overnhe'aVhTchrsuirryoTJd' her 'em-
p
'!UaeDC'otseVeVa6&tesher prtteiisidns
are becorne !thd1aW? of nrtonhede
ver "shfc'couTd enforce thein,v:andfi she
1 1 uas mauc 10 uic unucu oiaics au uuso-
latefcession of her rights and jpre-emt j
nence, within a line which mcjuHesfUie
ty' leagues from J their shore-how7 ban
thecondudt tef a frierate which' was pro
iiiccuug, agrceauie 10 ine ancient custom
of the1 Britlstt navy, bW'mftfitimejtlrisI
knowledge our preeminence on pur aeas
anjd who. troubled our commerce, be c(al
led .murder ? -The Little Belt was ho
ve ring and jovjng; on our coasts with a
number pother vessels of her nation, to
snap the, vessels o( oor, friends, and pur
own; under tre most, frivolous ? texts,
feet public nuisance, and as sich, agree
able:tb a charge given at, an. admiralty
sessions, held at the Qld, Bailey by sir
Lionel Jenkins, she was not only liable
to be chased, hailed and fired at, but al
so to be taken and ietch'd in as a.malv
cious violator, of pur treaties, and $,disv
turber of our trade, to answer and satis
fy our; damages. - This is good English
law, grounded on a right which England
has never ceased to use over the weak
and whjch haying been transmitted to
us unimpaired, is become American Jaw
and American right -and thai right will
not only, be essential for the protection
of our coasts and the safety of our con-
merce, when we awaken from our stu
por, but it may also prove to be an im
mense source of wealth. It appears by
several observations that the sea with
draws progressively from the shores of
New Foundland, in consequence of
which the fish favor more and more eve
ry day our. coasts and bays, and in the
course of tinje-it is more than probable
that the Gulph Stream, filling up en
tirely the banks of New Foundland, the
hnr" nf th TTnIfH .tnf p will nffer thf
iimn.t vai11Kl fii,.;M: toK;. h it
. - .. T... -
1":t.."er? Pamot tneD con,es tn" "
is reauy a lonunaie circumstance inai
Commodore ftodgers whether he acted
instruction, or by the native! impulse
noble sentiment of dignity, which
man who has not had to defend the
. m A Ma'.'
bonor ,nd ,he ,n,erest 01 "'cpuwry.
emied in all its fcrTor-should have en-
ierea "vun me inunaer 01 nisi cannon,
such gallant preservative protest a-
r. j
gainst, me yioiauon so onen maae Dy
England herself, of a right which she
has relinquished to the United States,
Without any restriction or reserve, and
tnhlrK fnrm Jir. infpcrral nnrl unalipnahlp
part Ofour rvational soveieignty.1 I doubt
uu- ncrve. in a nrnfonnii Rtate nf
Kv,ari.PftnM hv a nontaneouS act.
rv"v"i j r i .
solicited by any nalion and nnimpelled
Mb oeCessitv, curtail gratuitously uch an
lmportant dominion,1 which in reality
bcems lQ be a part4f . the local state
ibeignUcs, over "which thepbwer a-
j f reguiatlrig commerce, and pro-
i. - .,;rtf, th rnnFfirflf v. haa I rn
gated to"ihe federal UgislsttureV and it
h t be regretted that unguarded official
9piniQn:, should have been hastily emit-
i . nVt a snh?t nFthat Winltii-i :
T . -m Ai hv th - -mmtt.
i -.VaWUh the naval Hnminlon riA
Lminence 0f the u;States, oh stfone di-
loalic ground and t0 COnvict of in
- anA wan. nf i,;;-
Qn of the wanneitsupwrteW of the
R ... K j '(r:ni. - ftn Kivtni l t
tKi,immfcnse continem. And t shall in
another communication ttemnt to de-
monstrate by other pub..i documents,
. t. ;nfr wiltarWfmi
ent of the natural and acquired rights
which we hold aeainst that powrv'the
conduct of our frigate has been 'in ejve
L ry other respect,- perfectly neutral,' coj'
rect and honorable ;i: that- it does not
evince the least appearance of any hos
tile intention towards GtWaUBritain, nor
any projected war ; that it' would be de
rogatory to try by a; court martial the
Lrced7infrs of Commodore Rode.
era
and hal the iucubratlons of MvPieer
.jj:,:ni iJ li?,.uVM
fadlil: with whidh a politician macoH.'
found himself' m absurdities which
1 1
intellectual facultteV. of Mvtte 'instiuC
Mr." Mckerinc havfttK tnouemrbDeV.
to anctio his writfrigs wftfc'thf arJtho-
less- fame' 'and
talent'o'Wtfalsb
ichheMulbf
comments, wh
eaWlrandsanes.frim i
oTorearlaiF
UUS!
2 dHH -feait))ina1
piinctoi
; .aliiy of the Hevenue O'lloiert of theStede
xtnresaid, (or y ears pasr, would Mteni ib ajeri
cede; ahenecessity :Jofr Tesoi;dng;to ihe ssuat
curse.of thjs reminding those concerned, tljat
,the time fixed fry law or payjii the taxes and
other pribliciues of the current yearia now at
hind 'The Treasurer '"will thereiore merely
observe, that the laws 'Which fix the time for
accounting for ttrijt public taxes; -Sec have" exi
plitly defined tip dunes of the Revenue Offi-
cers and of the PbWlc .Treasurer It would
be'superflubus to' add; tfiat those laws mutt be
obeyed llahat.icaSeoit -TaHiiit, the penal
ties pointed oiit and provided by them will be
inf -xtedf thrpbsh ludgrhehts, forfeitures., Stc.
24.tt -
; Jblc Treisureh
TO BE SOLD,
Situate on the Yadkin lliver, in Montgomery
county, anoui o mues above the Marrows,.
CONTAINING, about 1100 Acreiith
two "eljccellent Fisheries en it. severaltsf.
ands belontiriK Jto the Tract ;The Land if'
very well jdl)td for the cultivation of corn,
whjeatottonViaditobacco, with tolerable
bailda9fad.nynfentjoot-hoMs ( anoVa
Cotto Mainaon ir A further descrintion is
tboughtnnecesaai,;as itls presumed noptr
son would wish jo purchase without see in? the
premises t-A lso, six hundred and forty Acres
lying about three miles from the Narrows of
the Yadkin River, pneaVer Dam Creek; tfcat J
runs through 'the Tract.- Apply tq Rcjbeut
rxLMKH, on the Premises. ! ' 6i2-
April, 1811. ,
State bf North-paispliba, '
Mecilenbufg County, Avg&tt Term, 1811, '
" Robert Porter,' fN
James Porter, James Hatrigan and wife, John
Vauss ce wite, libeuezei pmith and wife.
Petition for distribut'voe tbdh r of the Real Estate
I
T having been niade appear .to the Court
that James llarrigin and f his wife Polly.
John Vauss and his wife (Susanna, Ebenezei
Smith and "Jane his wife, defendant vn this
petition, live without the limits of this State
It is therefore Ordered, that publication he
maie in the Raleigh' Register for three weeks
successively", that" unlesa- the) appear at the
next County Court to be held for the Coutitv
of Mecklenburg, at the Courtriouse nvChai-
lotte, on the foutth Monday m November next,
and shew cause to the contrary, the piayer of
the petitldn will be granted and a decree made
accordingly Tett; -r i " .: ' '
26 V ISAAC ALEXANDER, c. u. c
;. State, of North- Carolina,
?v Mecklenburg County, August Term, 181 1 ;
Walter Faires, -
OriflnalAtiacbtiient.
Samuel
IT having been roadeppear iofthe; Court
that the defendant in suit reaiJia without
theiimits of this State,'lt isfere'fcir ''Ordered
that notice be ' give n hi the Raleigh2 Register;
.for three "vwceka ; successivelyi that unless he
appear at the; next Court to be held fpr ihe
County of Mecklenburg, at the Court-house in
Charlotte, on the fourth Monday in November
nexf, to ansWer, plead or reevy, Jntlgment pro
confessrwill be tr 'Tand the cause heard ex
parte againstiim7b i'S j ? , j
'26 1 ISAAC, LEPER,fe.k.' feif
State of Nqrollna,
" ; - WARREN couNry
' Court tf Pleas if Quarter SessiaMAugnsi
, : i - "Robert R;-Johnaoii dt :;.V j
Solomon. Towns, Wm MeMasten'Sellebecca
his Wife, Gideon Towns, : Hardy Towns,
Herterf Towns and Nancy Towns. '
Petition for fih&oVtf Lands. .
ITapptorihgsatistfcWirto
' Solbrnori Towns j one off the 'defendants in
this case, is an inhab'itartt of the State of Geor
gia, and.that WmMcMaster and Rebtcpa
his - wife, are Lnliabitams of South-Carolina,
and thaVCideoh Towns, an infant, ii an inhai
bitant 5f irginialt :fi therefore Ortbredj bv
the Coiitt, tbat plication be made of this suit
six wee)u successively in the Raleigh Register;
that ; unless ihef sJud . Solomon Towns, Wm
McMastets anctltpbt cca his wife, and Gideon
Towbs, :rappear'at the ctxi County Court of
Pleas and: Charter SesskmaVrto bet hdd for
the County of VYatfen, at the Cduruhottse in
AVarrenton onsthe fourth Monday in Novem
ber, next; and answer, plead or derawvhepei?
uiiou wui.uc ikt urv cuuics5of.ana neara ex
it
r--.vl
II
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