The Sun. — London, England, 1807-11-24 00:00:00

TO THE EDITOR OF THE SUN. LETTER V, SIR, Acrording to the intimation of my Fourth Letter, proceed to the discuision of the eleventh Article of the'American Treaty :—'and first I shall state the qs36"tson. Ever since the war of 1766, when the case first haepened, Great Britain has asserted, as a principle of her Maritime Law, that ,Neutials were not to be suifered to carry on any branch of 'trade , not open, !Iv 01 . in time of peace. The trade between France aed her Coloniei in the West Indies being mono pnli by the Mother Country, we ha `e held any trade i)etWeen France 'and her Colonies to be for t biekkn in Neutrals during war, as it was by France . herself in time of peace. • This was our principle,' . of,whieh America disputed the justice and thereasen. Soon after the commencement of the late WV r, whets France opened her Colonial Ports to , Neutral Traders England- found it necessary to enforce stritly her prohibition of the Trade; America, who naturally became the principal carrier of France on the Mantic:, soon devised methods of eluding the initruEtitins whidh we gave to our cruizers. It is not neeessary to folloW; minutely' the variations of th4.te'instruetidfiCiWe prohibited, generally, accord • lug to our principle, all Neutral Trade with. the. Patch - Co/mud:A* 4 'min time' to time' we allowed several relaXations of this principle,. From 1791, to the, conchtsiOn,of the late War, , and, during the pre4eet War,', we have permitted the exportation of. Fren.eh-Colonial Prodece, direßly from a Frerti':h Ishod to an American Port. The voyage to France, or t<; tiny European Port, we have strialy forbidden to Americans. Nothing can be more obvious than triiigraeod upon. Which this alt3tiiietion rested ; we did not wish to' prevent America 'from supplying herself with such . Prodos.of tht, colonies of Fre:lee . as she might really want for her own use, we only inskied 'tipon the right of preventing her from car rying on, for Prance, that Trade in which our iiia r,ti,oe superiority' had made it imr',oss:ule fiorfrance her..,:lf to persevere. , The American* bovernment did not succeed in obt3iniog p. further relaxation of the instrualons, ingennity 'Ol4 Merchant very soon devised a methed of ei.adieg them, They carried their goiidki from the West 'lndies to a Port -of the United Stitt,' s, from which, witheut molestation, they • tlo to Europe. f , • :D., Com-is of the Law of NetiOoS, spell as are onr , Adeniralty Courts,' alwayS proceed,. in. a much g;......iit.:r,degree than our Courts of Law, or 'even than ten Courts Of Equity, ,upqn the BoNA FLOis, Any speci, , S ut fred or evesieni is in these Courts (and surely. with reason) considered. as noxious ; 'they Wok always to the Spirit of the. Law whigth;,•theyad ininiter; and they will no more countenance an evasion than a direft contravention of the law. Wheorwcr, therefore, it appeared to these Courts, that 'the iMoortation into an American port. was not te,e2l/1../0 an importation into 'America, and for her use, they deemed the - voyage continuant-frotri the West Indies.to Europe, and the touching: in Atue riea ass mere deviation, but no interruption of the veyage l ,atid they consequently, condemned the yes • thus eluding tho law. What was, or what. as not, a tona;fiele importa• ttots~: it was not very easy.to discover—the. Court of Admiralty in vain attempted, or rather saw the fnitity of attempting., to lay down a Leneral and in • avertible; rule, which should be applied to all cai.!;'. 'lint although it never fixed upon a criterion, it was led by the circumstances which various cases bef9re it, to incline at different times to circiAusLincuo, ;If affording a 'presumption . , dt that the importation was real. 'r At fir,t, before the systeni of evasion .had bon brottht before the Court, the AtUCTiCiitgi . thought it stoilcient merely ; to' muck at an, Acne:loan Port— diieoVered, tind the fraud prevented 'they - Ilext tratishipped their goods, u an AMeriCan ' hq» . to was den:;:ledT they found it'neces ..l)ry aCtually to land the goods„.to give bond for 00 dtules, oud aCtudly to pay the duties', and all, as has, b en abundantly proved iwour Coats, evasively if:todulently, the merchants being supported in their and fraud by the Pllieers of the American Court, therefore, finding it quite' impossible to adopt any specific rule as to what should he' the., /ea of genuine importation, the Judge was obliged , , t t , upon the merits of each La ' seaccording to eviL ,enc e j and in this praaice 'be was supported 1. 7 the decisioti,i of the Court of APpeal. . , ft was in bees state of the 'Matter that the subjed C am e undo discuision by the British and Arne. ticati Plenipotentiaries. The Politicians' have at, tempted what the" Civdians could not accomplish, the establishment of a ,(31:' suittAL Before' I inquire how well they succeeded; it is necessary to allude to the circumstances of embar iaisment, arising out of former alea#ures, which it has peen urged the British Ministers met in the execution of their timt. I have already stated, that the Court of Ad miralty had been led, at different times, to consider particular circunistances as presumptive proof of lona fidq,itpportati9n, The rig : A . 4 jyplty Courts, blished in the West Indies and elsewhere, are in the habit' of looking to the Hie); Court of . .. Admiralty in London for their guidance in all matters of. Law or of evidence. - Whenever this Court.endeavoured. to lay dew n ;any general rule of Law, or to tic any pre, cise`uiethod ipplicat ion, _the; infericir Courts are .expeetpd to adopt the same; and they. are sometimes made acquainted by Government with the decisiOn of the Superior Court, in order to produce uniformity of proceeding-in the same manner, the decisions of the Supreme Court of rippeal ): are Law to the High . Court ,of Admiralty; as well as to the Admiralty Courts. It so ,happened, that, while the High Court of Admiralty; riot having yet discovered the extent of the artifices by which: an evasive importation was concealed, was in the prafaice. of considering the payment ti duties as a sufficiOnt net of bona fides, the Vice Admiralty Court of Nassau (whether from a general, misapprehension, or from having better means .of discovering the American frauds, I cannot say) icondemned , a2Vessel, which, after having irn ! ported into America a cargo. of :Enemy's colonial koduve, had -attempted to re-export it to a Partin Europe. Of this sentence the American Minister, Mr. Evros KING, cemplained to our Government !the' matter was officially submitted to the King's Ad- Noeate General, who, referring to the decision of the High Court,of Admiralty, reported, Alutt the De cree of the Court of Nassau was erroneous. This report • was conunimicated to the Vice-Admiralty Courts for their -guidance, and- to the American 'Minister for his intbrination. , 'And.it is 'upon this, report ,atid• comniunication that the allegation of embarrassment is founded. .It is said that Ministers were proventecf by it from making . Any stipulation contrary to the particular decrees of the C'o'n q of Admiralty to which it re. ferret'. Nothing em be more completely erroneous. In the tirst,pNce, I set out by .denyingitoutly,' that any Law or Pri;.:ciple which had been adopted by a 'Court of -Admiralty, even though it. should have osistafro.nt the tirnepf Sir LEOI,INKJENKINS, ought . to have precluded the discussion of the subjea to which it referred, by the Ministers of the Ne4otiat ing Pw,vers. lt , might-as well be said that an Ael of Parli:uent imitosipg certain duties, or allowing Cer tain drawback:i, Would Lie sufficient to preclude auy negotiation Ottithe subjc& of reciprocal imports, cos contained in the fifth Article. . • ~ "' But if it, has not already appeared that the report' of Sir JOHN Nictrora. 'referred .only to Ma then. usual prublice opus Court, T trust that the EXtrads, which I must request you to insert, from' the Judi cial Sentences of the Prize Courts, both prior and subsequent thereto, will completely•bear me 0ut. 7 4 It is fair, first, to insert that part of the Report itself which appears to have been relied upon on the other side.. " Tlie direst trade between the Mother Country and her Colonies has net, • tapprehend, been recog nized s, legal, either . bv his Majesty's Goyernmeat, or .by his„Tribunals, /nal is a direr tracle, or what aniounfr to an intermediate impartation into.the Maraud .Country, may sometimes be a guestioli of some diflicultN .. 4 GUITLR DEI'igITIOS Of either, Optical,. toall met, cannot well be laid down. — The question 'must deplind upon the particular cir cuntspinces n f.eadt case. Perhaps the, mere touch ing in the Neutral Country to take fresh clearances tnatpropetly be considered as a fraudulent evitsi rmi awl is, itfetfea, the direct Trade; but the Flinn Comm of APMIRALTY ha c..p.:!:islk decided (and see no re , ./son to expea that the COURT of AIR gill part' 4rho rtilei), that lauding the goods,und pay ing the Duties in the Neutral Country; breakS the continuity of the voyak e, find is such an imfiortation as legalius the trade, although the goods be re.. shipped in the 'same VessLl, and on 'account of the same neutral proprietors, and he, forwarded for sale to the mother country or colony." In, this Report (which "was. dated the 16th'of March 1800, the great difficulty of laying dawn a gcncial rule is recognised, as well as. the necessity of referring each case to, its particular circumstances, ;3 fraudulent .cits ion is acimowiedged to be as noxious us the direa trade, and when the decision of the Admiralty Court, relative to the Payment of the Duties is mentioned, it is dearly implied (as was the Undoubted fact) that the Comer of ,AVPHAL :night vary the. rule, though the King's Advocate - .did 'riot at that .time see any reason to expea that they world. Having-already drawn out this 'Letter to rut unu sual length, I shall renew the subject in my next, wheni shall inquire how justly the mere transruis. sion ,of a copy of Sir Joint Nrcum,eslleport,, to Mr. 14.1240, ian be eonstrued intointo n pro. /nisi!, on the part of Lord FLtwKasnuav, " that ,the payment kf duties should lie received as evidence DIM: eontinuity. being broken." In the mean time,. T a., t ttE very willing to let the questiou rest`upon the report itself, with the preliminary explanations which have already been made.' DECIUB. • - MAILS. A:tit:no-2 Puhlin. Due—, Gottenburgh, t Lisbon, - s Dublin, 3 Watertord. • . - • PRICE OP STOCKS TOM DA ,Y AT .TWILVIL O'CLOCK. collsol3 • • 6311 THE SUN. SOLEM QUIS DICRAL vALeus AuDrAT? LONDON, TUESDAY, NOVEMUER 24, 1807. WE this morning received Paris Papers to the 14th, the contents . of which are_ important, but we have not time at present to offer any comments upon them. It is positively stated, that our Troops have evacuated Alexandria, and that the Turks re• took possession of that place on the 22d September, in consequence of, a Treaty with the British Com mander. lityonAinitre has distinctly declared that lie; wil not suffer the Portuguese Government to exist any longer, and th,t he'will destroy if for its attach. , ment to this Country, as a WARNING to the other Nations of Europe. Tux extreme animosity of the French Ruler against this. Country has induced him ao adopt such . violent measures in his dependent States, as seem not unlikely:to tertninata, in hilt own ruin, .if the People of the Continent, and indeed of France it • sell; are not sunk into the lowest state ofignomini ens cowardice. The following intelligence is given to the Public, with a positive assurance of its authpn ticity In consecitience of 'the tritical state of Portugal,' the *erchauts of Hamburgh were'appreltensive that all.the Portuguese property would be put into a state of sequestration, and therethre they had been anxiously endeavouring to dispose of it.. Their apprehensiens were fulfilled on `the 11th inst. when a seizure took place-on goods- which were in,port, but had not been landed. The aggrieved. parties lininediateliv made application at the Custom-Sonse, to know what was likely to bethii result of these oppressive measures; but Wer e told, that nO satisfaadry answer could be given for a fortnight at least, as the fate of Portugal would most probably be determined before that period. Initnediately after,' the Commercial Restriaions imposed by the Frenc4 Ruler were carried into the most rigorous execution upon'all. Vessels, even inclUding those in ballast, Not one was permitted to leave the port. This severe measure was even extended to the Cuxhaven Hoy, and all the Fishing ,Smacks.. The Prince of PestTs Convo, as be is called; gave orders on the 2 1 jtii OaPber that the Mailfroin AniSterdam„ 'should be Snapped 4 Hanover,' and all the letters, except single °nig,. were to undergo examination'. After this inspec-' tion some of the letters were delivered, but p griat nuniber of, them , were wholly suppressed. Leery Puteb Mail that ''has,•heen .since brought . to burgh has been subjea to the same OXfi It is impossible to describe the consternation and terror which these proceedings had excited, particu, larly as it had been reported on the lf,,ichangethat this same Prince of PoNix CUR VO had obtained inforMaiion of the correspondence. which, soave of the people of Hamburgh ' continued to on with England, bad lists of their ,narnes; r . 'and, proofs of what he Was pleased to style their ,cle- 2 .also reported, that some 'of the Merchants , found guilty of this 'correspond ence' would be ordered to Paris. It is natural to suppose that this threat excited great terror, and that the people of Hambnigh must be anxious to induce their cOunexiona in this Country to write to them no more, under the present alarming state. of•atfairs.. Letters sent from this Country to' Dentruirk, by tvay of Gottenbuigh, are subjea to. the same examina-' tion,,' and the persons to wheat' they May be ad' dressed will be subjea to the sante danger. Colo nial produce:at present is Merely sennestrated g but. if it should be found thatithe Vessel which brought it has touched at a -British Port, it is at once con fiscated. This property is hardly ever claimed,. beca use the claims are never .adMitted; and the parties are 'likely to be• involved' In consequent trouble„ SuCh articles 'as are .consumed by the Armies, as. tobacco,, &c. may. be imported, pro.: vided that this Country has no concern in it, and the most vigilant examination takes place int.% Dto t any possible concealment,. Since the Declaration of the CnmwN PRINCE, dated August 16th, none of the Vessels that were in the Ports of Holland, or that arrived after that period, have been unladen, though the. Danish subjels to whom the cargoes were 'consigned havp made ter peated applications. Whatever Ships had been laden for England have been seized, and re main in the same vexatious predicament. Nay, the mare presumption that articles sent to any lea-port, were intended . for Fn ; lan I, is a ground of seizure. But these ,rigorous me i.nres hot such perplexing ramifications; that it is hardly Possible to ascertain their -extent.- The subjeas of Neutral and . Priendly - States (if any of the States un. der F.renck Controulciah-he.sa.denorainated), If till' urge , their Claims to any propertyi.are obliged first to prove that the property-his been paid for, end. must then bring a declaration 'from, their reepOtice Goverumertu, certifying , that the trade is Hence the greater part - -of -suela , firopeity- confis cated, because the Neutral (or rather Vassal) 'State, fearful of giving *ante to'rrance, will not venture: to make such declanitions.' But 'even this it neat all the oppression Which the-mercantile people in. countries -wider French influence are doomed to 'drier, for Bills ,drawn` .from England, or upon ° English 'account, upon V the people of Denniarip Must 'not be paid to the h0144s of those Bills, but to a newly instituted Commission, under a penOtY . of double the amount. No more lenity is shewn 10 'the:Hamburgb Merchants than to the English, and, indeed, to so lamentable a state of humiliation are the former mducecl, that•one of them who bad cow 'Adorable dealing* with America was absolutely ob* lilted to resign the keys of his warehouse to a Fretwby Officer, To aggravate the matter; with a ntockerY ()liege! fora wtheAmerican Consul, Mr. Foasts, vOs.requestod to be a witness of the ceremony. , How long such a' state of things can bepermittea to re.maircit is impossible to say, but it may (aid/ 4 be observed, that fil/IibTAPARTS seems to be two' re clung T " iiiiir SLlch despotic measures, for li e thereby not only instigates . the,People of other States against:him, but Mays eventu a lly irritate his ova Subjeas, in depriving them of their,accustomed ar 'ticks of consumption as such rigorous Procee din g s have evidently, their. origin: übt, in Pigicy, but ill ithe most rancorous spirit of ag,gression. In addition• to' the above details, lottero liave beci l -received w4itch st s ato, that Ve,ssol had arrived at 'Chet:burgh, froM :New York, J, den with s u g ar and cotree, which had been -seiaed,- and the ca r g o SC. lqueitrated, although there could be very Hato doubt ithat , it was French Colonial produce. An article from Itiga, in the last Caries/pm/min , )n l iates,'that the Russian Army hai fully Madeup 'Jostles it sustained in the late watt, and that its naive.. fiber is now complete; nay. more,, that it. is abeut, to , be augmented by a. new levy, or (10,002 men, wkich.. according to an . I,nperi4l Decree is now raising.- - The utmost exertions are using throughout Itessia;4 to advance the naval' and military strength of that ( Empire., An unusualbustie prevails at this 1110InetIt through `out the Army, in conseiluenca of two, it nut three,. :intOrtant Expeditions being about to sail, Troop's; ;are colleetiog at three puints-7-at Portsmouth, eft. ;Plymouth, and at Cork.. • • • "7th, or.noyttl:Fuzi* lee A rs t ; P l o st il lt " 13th, there , trod, 9d battalion ; oOth,• 82d, iind•sitt battalions of the German Leginn. i o 3 u t are—the i std i.::ireyA2tedmPhalyrnkwedut,hanteroe.aorese ttYl4.C4Oismtipnagiulliesozeda :merits,. the t I th, and Old . Buffs, 2d battalion, Pa', battalion aoth regittent. Some other 0110 are on the march. , • At Cork--Artillery, Id foot, it battalion 'or kdinOrgh.rogittcnt Gpti •tioth,. the Tilde bat' Wien and.3tst, ttd sbattalion ; and gi2d, ed bang*, „ lion, or' Gorden Highlanders hre to be sent to Col**, There if.• no longer any aoubt of General Waits - Lock's being brought, : to trial, The error ,menus are - made, 'arid' the charges'given in At. • the Hoese Waids. : *The investigation is to take..place into the •,witsale of the disaster In South America. The General Coen Martial is to be-he ld. at Chelsea ; a Royal Duke is to preside at tile trial; and General Gowtta's arrival is only waitoi for. The ~Weptu tors, Amish Man' of - - War, 'whicti some o once of ~e r ud ie s n h t P i oi n l ot° s has •been. tyre Lh fl' oe dl o re. n: F a .. °' .a s 4ar i pt o sei n Sr . : ch ar g e: a a ; u s i n ally i l g w en t a havin g 6: o w r tl" t r ill e al a vv t: e h d e. b' irl irons, upon this 'I lie - ani C r l h ia co i rpu n narhTr o t f r.olw T lfli e :i l pt eg hobeer r t a c p urni l:a ri b re eitytee d wd night. . ce 4ni n ol t an h A uta d a n at i t i t r i; a l : tr Y ... ; . • boarat The B) d , he lateheavy gales g, rootirchliiiieae Regiment; gu ;ddne to several valuable oak and •0 411 th a e i r n • a ti i m e 4 b e ti t •t r'b ree ed 1 11) : , on the estate of, Earl Pow's, near • Tenbory, is estitnated his Lordship will sustain - a loss of Pegg.' 1'2,0091; Considerable' damage haselso been dons . to the fruit-trees in that neighbourhood, by' the heavy fall of snow. • ' An appliCation, it is understood, -will be .mado Government by the British Merchants, whose Pr petty was seized in the Danish ports, that an inder nifteation be allowed them out of. the Poisis ll rO Petty 'Which has beee.detained iu oitr ports. " 7 scants only a just measure of-retribution ; and in event of the application succeeding,' Dectnark the n,,,vybile she seizes 'our cargoes yith b& obliged to restore them _to the aggrieved eV with the other. ' The improvements in Carleton House still ei , fr. tinue ; and in the Course-ofithree mentho,:the whoJtit will be completed. The Chinese-rociiii;ils'aT ie d . s ;lt pert) apartibent - is at, last fi nished. It is the n; ?°,_, superb thing of ' the kind which the irnagination 03_0 conceive possible for the ingenuity of mail (0 r ot _ u; cute; its parallel 03 . 11110 t be:found in. EaroPe- -! u n o f alterations'•are yet to take place, at ale suggeStiO Witt:sit Towne, Esq • Mr. Horrea, - Y -is to superinteud. A. new robin , en'irei 70flaip; adjoining the Chinese-room, i*now in a state s waNness. The furniture isof course to core 1 3 9 i' vv l; 01 the noir-yule style of ,the .new Dining-to esa / •„. • •--- • • a dlt' • • ilrail-have an - Opportunity shortly of glvlog , iat it jo« • tion ; suffice it tier the present t o ltbserve, troduces new ideas for the standard of taste.