The Sun. — London, England, 1807-12-02 00:00:00

TH.E EDITOR OF THE SUN. LETTER VII. • • i; ca ht rap : '}l-1 v.. ' • THE following is the EleventliArtigle; as stated iu the, American Papers : • ••'' `•-• "''Citizens of the United. States'May Carty-Euro pean foods to the Caw:tics of Enenae.4 of GRE4T liiiiiTAJN (from the. Ports of the UNITED STATES), provided that both - vessel and cargo be, 1014 fule, merican property ; that the goods shall have beep unladen within the United States, and that, in ad dition, to that .paft of the duty already reserved from the drawback on 'exportation, the further sum of one per cent. rid valorem of quc.ll goods 411E11 be paid. They may also oport- "lions the United States fq gurape, the produce of colonl4o' the Ene mies of Great Britain, provided they, being neutral property, shall have teen ulit4nElg as before, and that TWO per cent. ad valorem be paid on exportation s in addition to what is reserved on the drawback. After the expiration Of the Treaty. all antecedent eights on these stelle6l4 . are to revive." . I.t is with the falCr part of this stipulation that the preceding citscusOon i$ more immediately Fop .sne6led ; with that, therefore, 1 shall begin.' "'When I addressed you last, I hinted at the date of Sir Wri.LIMI•gIiANT'S judgment, in the case of the /Fillicm, as evidence of the concurrence of the late Administration in the doctrine it contains. I have since met with the names of the Lords of Ap peal, a,:lually ph7ent and consenting, at the delivery of that judgment. These were, " Earl ;FITZWfIe,. Duke of MONTROSE, Lord AUCKLAND, MASTER of the 110I -LS, Sir WILLIAM WYNNE, Sly W. SCOTT." _ . . Lord GRENviLtu indeed was not present ; but it Will hardly be contended that tut would,have sented front the opinion 4 Of the Cogrt/ : or that 'HE holds in low estimation the right or the power of interdicting the Colonial Tracip ; UTE who, 4qing 610 foram. War, maititan9d the intordiffion with ail bik strength in,the Cabinet, 1111C1 eroplPyo4 the ti: hole force of his eloquence* in censuring his suc cessor, whom he conceived to have abandoned it, even to Russia. I knew well that it has keep contended by ier- Sons, warmly , attached /to' the late 4drninistration - , that the reit ri6tion itself was impolitic and unjUst ; I 1:now that 'some of those persons' had peculiar means pf ilec6o to Lord kIor,LAND ; I. icrlow not with what thesa certainly vary able advocates atifoned their sult::— , bilt cab neither' belieVa tWi if his Lord ship their sontimentfy lie converted C ( 'lkag' ir :it in I caLll ,o t.and is the Coniinis4iOn —or tiilt be Was rnindliil of his own opinion thin of the instrii6tiuns lie rebeived. I must it theretbrc! 10 . have been the concurrent inten-, ron Qt J!4Jl'tl HOLLAND and Lord AIICKLAN I) by no tn!.t:lns to re/of the intordiCtion, but to establish a, Tr.i.r or oill:rzattin by which . it should be`')lPpried which Bona .fide impOrtations later America' f or her own usc, as described by Sir tWst.ta-Attt GISANT, withq 4 6 an y u lterior deslinatioll ) la . , could he surely' , distinguished. I must belieVe':alsothatLord 411CKLAND at least came to the diseu — ”lon with a mired full fraught with' the sentiments expressed by the Master of the Rolls, as to the nim-exi.9tenaigiany pre! , ioui,promise„ and as to the fallacy of any reliance upon .7 attestations sworn ttt the Oustcitn-liouses" of America, and ,is to .ti (I.lltlai 'practice pf employing verr'c'operoso means 'to cover Cite breach of the I am' warranted, in short, in 'believing; ilayi,.•l, am , botuld to' bglieve, that the 'Treaty was cdriduaed Ppon the sarn6 Viow of the subjeti %. , , , hich chained the judgment of tho,Courtof . ,Appeal to which I roust again end a5 , ;410 refer, as the clearest exposi. I'lo[4. and the most toreibleilltistration, of the prin. ei'ples 'upon .w filch Englinid has ancd, of the ditll - 'she has filet tt 01), in the.ir application. to Anie flea, and, rtitsSt of all, of the.danger of 4 uicling that application by a GENERAL Our Negotiators, nevertheless, have established such a Rule f , nod Nvhat is it ? Why, that verycti terion, the. payment 01' Dulles, which had been prQved, and aoletnnly pronounced, to ,Ile'deceitial a Rule which, if we nr...y ctedit Sir Wa t t : 640:T To the next point of which T bava to spdalvittlib charge pf ambiguity c.l4r4s nut apply. On this bead the'Vreaty is un fortunately but too cttpl:cir. It. is clear that we have ad rained t , l9tlltala to carry on the whale Colur4l Tratht of I'rancc. That • laim is indisputably and unequivocally col a& d by Great llritain. • I have already stated to your Lordships on what grounds of policy and jiis' Vice wei have always hitherto refUsell to Neu- Irak, thu privilege of trading with the French Ica. If th , s prolt , bition were once withdrawn, or if it t . kt' not 4:acli upon the Commerce of those Colonies with the Neutral Ports,otEarope, as well as o,r thoir dlre4 'F facto with Frame, our Matitinle superiority would; at Ifilst,ln that quarter or :he wui ki, be co.mPlet'AY el4ded : /Atte valour:lnd ,clergy of our Na e vy would be depr i ived of thkjteatrevintrd ivlrirli it bow derive% front, its moct profo;o4 4 l the Enemy will enjoy, undiminished in WA:ilia 1.4 1 kiace; , Jill lose resources wh ch arq moat applka'Ae •co, t ions against the vital interests of Great - 43 titan. —LI. Spcech 011 the Cowell:ion with Ittwia, in tsar and Lord AtmK.l.Atip; had been fraudulently clvadtd egra 44).- 11 I • by the e n s,,f wit -f le connivance and assist amp of the Officers oaf Governmmt If the article itself is insufficient for the purposes of Great Britain—if it does not give ,ber that se curity againit the evil complained of which` she anxiously desired—are these disadvantages poqipen.: sated by the additional simplicity of the-new stipula tion ?—By, Ole facility which it will affqd to the Courts of Admiralty in deciding, and to Neutrals in prosecuting, their claims ? No mat) is more sensible than myself of the irn. portance- of these .obje6ls ; there is no apology to which I W,(1,41 so,vyillipgly listen for any relaxation of .our Maritime Code. But must.b real ; the iacillty must nut be more largely given tq • fraud than to innocence. • If we could concur in a provision which, while it . retained even 4 part of our Belligerent claims; should secure that pall from encroachment ; : —if by a little modification, we could, prevent the, irritation to which the exercise of our claims gives rise, 7 still . more, if we could devise a methOdef protetiling, the fair trader, while the perjured neutralizer should be punished,--if, in short, we obtained even gopd-w4l in return for our concession, I should not 'objet to the indulgen ce that 'been granted. But would such be the died of ttr proposed Treaty ? The Article allowing the payment of duties to be a criterion of - sonca# ,fide importation, provides no critei ion ler the Lona fides of the 'payment itself.- 7 , Our Plenipotentiaries aid not fiiitpit (if indeed the A.mericans ventured to ask), that the Certificates of the Colleqors should be this criterion. They well knew that to bind the courts of ADMIRALTY to adopt this test, would be equivalent to opening the Trade altogether. The Courts then would still be tit liber ty to determine from all the dopmnents and deposi.. tions before them whether the duties had beenaanal •ly paid. Re s t r iaed t o on e i nqu i r y, t h e y wou ld t pursue it with additional exa&ness. Considering the aclop7 !ion of this Criterion of importation, as an important relaxation of the Gawiiii4t. Patuctvr.v. , they would construe it with the atrianess always applied to ex ccpiions,, The effea of the Treaty would be slimily this, that if the Court be satisfied . of the one fia, of the (logics having been alually paid, the ,ship pr' goods must be restored. Although in the course 'ef the enquiry, fraud and evasion were ever so clearly proved--although in ciie'ry Other part, of the,transac tion, the.grossest perjury wore conspicuous, yet i f the mere- fait al pa?, , r ingthr r: lac admitted, the clairo fur t i„ , ,,.:_uaL!•.!. A1.;:,1,0g1i it should be fr,vorn, that iron: Cl'!2 ,b)(; a the original shii:}ment , in Martinique, //ourtieva. was always the real des , tination, yet if the original, clearances were for Charleston, and the goods were landed and paid duties there, the ship and goods wOuld..be free.. 'Suc3l is the extent ()font. concession ! The new Article makes no alteration in, the.for mer provision of the law, that the, goods shall.he Notrol property ; (and here it is - thought necessary to add a Oirafide !) Now, I will ask any Advocate of DoCtors' Commons, whether the investigation into thO property, coupled with that into the payment (f Duties, would not retain a suit in Court as long as is at all usual.trow `.› I ask, whether there would nit be as many cases of iiirrh4 ; r proof bilort , ' whether the I‘ . 'onttrtil Claimant would not be as fre quently and as vexatiously brought into Court, and as long detained theee, as if the eleventh Article had never heett tnicie While we tints continue, then, to harass the Trade of Neutrals, what is there of advantage to . ourschiei, that isleft io ui by our modified, restricts lions ? Supposing the' stipulated duties to be really paid, without. reserve, :or hope of return ;,--our :article obliges the Americans. to charge one Enemy about two per cent, additional on, his sugar' or colfre! is. the utmost extent .of our provision, and this , pethaps,exaggerated.. FKANC2 and SrAiN tire not 'deprived of their.colonial produce, nor are their Co . lames distressed by tlu loss of the European market. •; Our aneinies feel no inconvenience from our naval superiority, - but a most trifling addition of expenee i , „nut sufficient to compensate us for .the wear. and tear of a - Sloop. , T contend, Sir, that•this is a total atandorim' mit of the PititictrLE upon which the " Rule of 1756" is tbunded ; it is a most injudicioua compromise, by }Vhich 'we convert a measure, intended vripuity•to . disereis our Enemy,, into an Inconsiderable tax, to, be paid to a Neutral State. •t •,(v In giving this groat boOn to our Enemy . we, nc6 doubt, materially benefit our friends; we give diets', up (with a ,blight qualification) a hitherto forblddep trade • but while what, we retain of restriction,' totally inadequate to its own purpose, we free the'. Neutral from scarcely - any thing of inconvenienee'; . I t thele is even an adtittio7a/ cireurnstanceof Enquiry, tended cettainly with no inennsiderabledificulty. The Court' In'tequire proa,fefthe payment of A 1 . 5 nty,' of not Jetta thin' two per Cent. ad valorem. Would thl4'44 simplicity ta piocessi., It- may well be ask&l 'how this could happen Some perspns diar be led by the absurdity of the stipulation to dclubt the coreelness of my view. Not 1)49 in the secrets of, the pptrnissi ci i ) ers on eithetsitle, moot enumerate the stages pf - dis cussion by which our Plenipotentiaries were in- . dticedcTiniert thp ar . tiCk ; but I think I can - forni something of gue,o as to the real cause. :Why the dpneriams wished for the insertion, needs little explanation. •71tey ever Considered the Pagmetit,ol.pglies' as 4 Tot of .ndejmpoita tion'i they desired not to give'effea to theprinci pies 'of the British Rule;--their only Ale& was to,find the most compaukut, fira4 by which the ogle might be evaded. Atqacit' having never once . acl:now-, 'edged the principles of our Restriction,' but lining constantly protested against them, this conduct in Messrs. hiorixox 414 P,INCIC.NEY was consistent and fair. 'Qf the 4riti4 l 'plei4ptgini l e q ls, Lord . ' If qt.I.AND, I cannot help .suspecting, .cot4(l'noF. get rid pf his 4ncippt bias in favour of Aiperica, and of cr*L. cession. He negotiated, 1 te4t, with, a preju dice agairw his. own Ode of the question. .Had 4e "been sole Negotiatpr, I an t st r on g ly inclined to think the vihole claim of- America would have , . been granted; Lord Aocf.l.Awn, on the contrary, negOtiatedas a haw, seen; under a perfeEtly differ ent Impresltion. He canie 'fresh from the Cockpit with the ideas of a Lord Commissioner of Appeal. Lord iinllarid argued, I spspe&, froni the Ediniurgh Revieg:u —Loi4 Auchland,• from. tli2 fifth volume of the didniiraity ./eport.t. r The one urged-the advantages •of liberality; concession, and friendship s with America ; the other pressed the 'inwortande of the Colonial Trade, the frauds of the Merchants, andthe deceitfulness of the qtßernment of the . United States ! , Of this state of things, a compromise was the go tqrai obet. Lord HOLLAID c6n'sented to the prin ciple and general policy, of the .restriaion." Lord AtIcKLAND 'consented to modify its exercise. lie , ipen them both, they'have abandoned - a great point in the intereits. of England, without obtaining a return even in fecliv. They benefited l it is true, but thpy did not conciliate AmeriCa. And such will generally 'he the consequence of compromises and lutiknthasures ! Sir, I protest against the supposition,, that in cen suring this measure, I proceed upon that averseness from all conciliation with Aiperica, which has of late beets go conspicuous. 1 obje& . to the measure as ta diralty vicious, i 9 ,[idequata to any purpose that could be intolickd. Whate . .l:l my opinion of. the import:lupe of the restriction; 'I am'convineed' that it' would have bpen better to abandon it's ~exercise ,altogether (retaining always tho. principle) than mo4ify it as has been done. .TO frame`such a modification as shoifid satisfy Ame rica, and , answer our, purpose together, we found to be impossible. Wii)ihould instantly have decided upon a simple line' of condo& . We should either have determined, at all events to enforce the stria execution of our Rule, or to suspend it, as a valuable concession to America. Ijy ,the former, we Should have bad the full ad vantagi of our rights . as Belligerents ;—by the latter, if we did not obtain America as a friend, we should put .heudispositions to a sure test. But. our Mmisters p u rsued a course of measures precisely calculated neithern.iso benefit Great .11 r i ta i i , im 'to conciliate America. DECIUS. a } A I I,s: s ' A asivib—s Duklin, 3 WAtert4rd. Ous-3 Gottesbuigh; . , s Watertinth PRICE Or. ST4.)c)(S - . . • , . THIS DAT AT TWELVE O'CItDOPK, Consols . - •.' . shut I loci. Aim. . - - • 03 v THE SUN. SOLLM QUI I DlCfitif. itIJDIAT E feel much earretzrn in stating, that there is t rnikture.Luitnen this every reason to belieVe - iba Country and Russia is inevitable. 'Sir ROBERT WIL , sow arrived in town between two and three o'clock this morning from St. Petersburgh. Mr. CANNING, Lord MutottAva, and several other Ministers were inimetbatelY lent for,. and they remained in con ,stiltation during the gr'eate'r` part-of the night. 7-- At an early hour this morningUe ssengers Were sent of from the Admiralty to , several of the Sea-ports. • We are not in possession of the details,of the In- . telligetwe which ,Sir ROBERT brings, but-we untie.; stand that they are such as le3re no doubt that 'Roo- tiApAlta.4 haifsuCcseeded in 'piev' ailing.upqn the pu rte!ofAtex4.i.ingn to join iti , thetoi}fecieraa)'Agaitist tlt;, (30nntry, 4 • Sot SAmnEL Homo sailed on Monday with the Squadron under,bis command from Plymouth.. AYE this morning received Neu, -York Papers to the the intelligence of importanc.O. • that 'two British Frigates 11 cut out :t:1 the -essels 'from the Island of St. Groh, and \‘''e — re gioNinfin b crii. ' - Two of the Mutineers of OIC Jr,son were executed at Halifax on the 12th. of 03ober. • . . ~.. . _ fv: : fi1e ... 0ki:2;6 ..of London possess that hheral charafter by-which they have hitherto beep disthr _ .guished, aad which we cannot doubt will alwar,he their greatprinciple of anion, next to their attach -111.!,.t tglllC:i poultry, :41- 7 lYArritmax Will to-or? . . row :,;:..1• that he i 4 the friend of Sir 110bIE POPHASf . . . .. . . .li:it - lilt: ha apparently e'ndeavoiirs to prove his cil" , .my. The Citizeni of London are to be called t!pcq to rescind a Vote of Thanks decreed to a gallant Of- Acar fora zeal to Piorhote the inte r ests of cotolere, that did honour to his principles and feelings, thought it might, not be exaaly conformable to strict custo9. When fir I - foNta !OPIUM invited the conaulercfg world to embark in enterprises with a new , WOO' tion to the British Throne, It never could have btlin supposed that what. British, v.alOur ltd obtained, wool) have, been finally 104 . .by a want of due elt' ertion at home. ' • s then Sic Habit RapitAst to be the victim a l - the iniscondu& of *ere, when at the tittle tit he addressed' imself to-the Commercial world Ilia? was the fairestptomise of the first aclvantlge° o result , -T.-No, the Citizens will judgelEpin fc6 1 . 1 1 4 principles, andAlpsigns, and floilrorp eve s ißta 6 11611 .-, 1 from error, mismanagement, and folly. PitrAYsl l l 3 '! m;or, therefore, whatever may seem robe his I : 6 °'! tiyes, .is not so wild as to .eapea that epekell illiberal measure as he means •to -propose shoal) really-Succeed, but must be considered as. the 11604 ' friend of sir lier.lB-.Pova,ot. who takes this meth,,cd.. of inducing the Citizens of London to confirm ill 4 if vote of 4hanks to an Officer who had accotnplished a grea measure; which was nullified by Met' 'vo 4 :ii. • vflet r. they were influenced by political s?leel a ) ./, or tali ' eel by-absurdlty, must be acknowled ged fl . have aaecl in such a 'manner as to bring ruin 01 1 0 what might have been rendered a source of the highest patidnal prosperity. ' .. • c Government has at length deiermined,to preYg i g the further entrance of alllFoteigners into the Port/ of the United Klogdoms, -Orders. to.this 'etiba have 'been issued to the C.frotomanding paicers at all tlg! Ports. No person of any description, uuder oil( pretext, except" he can produce an - aethentifatea passport, is ill future to be allowed to land 14 England. The Fortress of Branntio is at length to be rest9l64 to'Austria, :/ceonventiop for that purpose was Cott eluded on the loth, a month from which it Wtlllq be evacuated by 'the krench. This is prptifibly the consideration whih the Emperor Faskrcq is to T4l ;eplYifor shutting his Ports against gritioh vaisili, It a reported that General SPENCE! , i 1 to co,ill tnand the. Second ExpeditiOn. General"O`fl a r t.mse, anti Urig adier.General fiowrim, Will!' it ? said, have Briga des under him. ' Tbis torce to al:‘ slat of 4itillery, 7th, or Rayal rliZitelln) 8 11 1i . ,, , T King's Regiment, - 1 3tb, 39d, 34th (94 . 13attah"P both, sad, and four Battalions of the .Kingli ( 7 ' 4 . " iiiiintegion, The - form under General BuzsfrogPA will consist of' two Companies 7 'd dittillerp 1" Foot. i id) ; !Uh l and t3d., :, ; 4 • - ' The Gazet te of last Odic eontaimi a PlaCin mailer) for contiouing quo boontlei to Stili 'd ,'",,' r ot, anti the rewards for discovering them,- fr om tli eleortfe'rthafe Sir of ' resent month to !h e, , t.itt . o f paelo d ir tdirt . ;4113! 1 elte (04 . of the ILing's.Gettnan Legio!! 1 001 t irsi - the sorough, op their wily P? PtonPna tri-f ' , . chants teidro4sern Ctit' Sfbn day l'iguese Ambacksdor, for tbe particular attentiP o 1 :.; P t rinc hon i ks Pni to P°r t tl he lgi r rre l ir i , inv . rin " hart s Ishown °P all- occasions to then cows:roll ° 11 ' more espeeiallyliorhis intercession with tit," Dte Government, CO obtain Idol* indthgeocei for tt e , i , Portuguese Trade which have been granicyl # itP, ' your of it in the late Or(ler'of Cuunell, attd ri,": l ".,if requesting him to recommend to otir I,Coverrt"ri to send a Fiag of TruCe to Portoal, witliftrP r t o ,; of the Order of Council; 'ibis ( it might 'sl2tAir ' s , that G overnment What iii4liecti dime fa- . 0 f your. At the same time they y W . 14)0,, t1ift,,,,.. 4 -Mails, which had been' iota' back" liy .09-• 1,0 7 c: &tot Packet,' might be 'lent,oOt'again With 11 10 - b i ye ;' ' dera of "Council; and :they doubted nitt. ,Iliat ' t wpuld be finally; reeetved. , ~ , ~JIZI, .., • "-Letter ,• . . iis i i• •.; ;401.401 or L a ~,ITOM_ a dentlemao, at . , i)qt}N pi* ii:Ptien4 in riundee;tlated Novernhor").; c li q ,4 tie vt ( A'clock this day,l ant 49.. take a' sole,w o , oatl, heft) &die Alagistrates to have no-04131310510 ' , tip . ?..t.y . igt real Ilritain, or any of its, aubjeas- thy, '" . 1 :Iltelitho Vish `did so syysterOy ; kork•wtaro,,,ii at Copenba4eni, with OaptainsA.r.V!ltl3,)e,44,e'rsr- • ,:i and MITCHELLiiond their Cve4l,.,wheroluti;,„l. , o: ; ; 4 removed on Itorday . last. ;They beer ' , lds „Z' d i. fortunes;witliforxitude.and are well used .' ' gic,l4: . v . latiOns - Will ,Out . hear from t heat for sot : 4 ';,,, 1 .,..r . •of. ~,kpito.„-,,0 Arbroath, was :takeit 'ye. 4.1 „...,, i ii , ‘Oilil4, to t , inter that port. Tho,xrew .. ,: , 1 ore . ..*:311 i i t!. . good - s, returning from- ~,alu.inelo_noff 10-7;14;,, filliqrlt-4F4 .s.F a- titif. , . 4 roilf a t,...r i r." 1 vgy....qopp riBt*,. -,-• , ~ . ~... , t ~..- , ith ' - .. iiidtii t *KM 9d"s TS'essP I sailed 710 11-I ; lB 4, f irO e - :'., YL4140,.11,11', viltb t- powerful equipment or '.)1_,1g,iii,,,..,f oatis:ol,fi errnekets, to join- the - . ille .. eu% s o irviitig , command 0 sir:S tinc xy, smlT4l.- She Pf, on o'ol4 ' sealed (lidera, s4•SiOnvt SMITII'24IC, kittrial still k‘iii. 2, secret at the-Adittiralty. wrtirmsDAV, Detiammit 4, 1.807.