The Rhode-Island American, and general advertiser — Providence [R.I.], 1810-08-31 00:00:00, page 2

tance to be observed, especially in defen
-4 sive alliances, is that between an intimate
(i apdcomplete alliance, in which we engage
, tq diake the cause Common, and another
in which we promise only a settled succour;
the alliance making a common cause is a
society of war. Every one acts with his
whole lorce; all the allies become princi
pals iuthe war; they have the same friends
and the.same enemies; but an alliance uf
•this nature is more especially termed a so
ciety tf war when it If offensive. »
§Bl. When a sovereign, without directly
taking part in the war made by another
sovereign, sends him only succours of troops
or ship*; these are called auxiliaries
| The auxiliary troops serve the Prince to
whom they are sent, accoiding to their
sovereign's orders. If given purely and
■, simply without restriction, they are to serve
equally on the offensive or defensive ; and
in the conduct of the several operations
they are to obey the Prince to whose as
sistance they come. Yet this Prince has
not the free and entire disposal of them, as
of his own subjects: they are granted him
only for his own wars, and he has no right
a to transfer them as auxiliaries to a third
v power.
$ 83. For judging of the morality of these
several treaties or alliances, of the lawful
ness ot them, according to the law of na
tions. This must be laid down as an in
compatible principle v—lt. is lawful and
commendable to succour and assist, every
' way, a nation making a just war ; and
even this assistance is the duty of every
nation, which can give it without being
wanting to itself. But he who makes an
unjust war is not io be assisted tn any man
ner. There is nothing in this which is not
demonstrated by all that we have said of
the common duties ot nations towards each
other (Book ii. ch. 1.) To support right
when we are able, is always commendable;
but to assist an unjust party is to partake
{ ot his guilt, it is being no less unjust than
J himself.
§ 86. As it is allowable only in a just war
to send succours, or to make alliances; so
* every ablance, every society of war, every
treaty of succours, preyiohsly made in time
•of peace, when no particular war is intentf
rcd, necessarily and of Itself includes this
' tacit clause, that the treaty shall take place
only u> a just war. On any other footing
the alliance could not be validly contracted.
§BB. When alliances have thus been pre
viously contracted, the cases in which a
nation is to act,iia consequence of the alli
ance, and in which the force of the en
gagements constats, are on occasion to be
determined. This is what la called casus
fsderis, or case of the alliance. It con
sists in the concurrence of the circum
st .nces for which the treaty has been made,
whether those circumstances be expressly
specified or tacitly supposed. Whatever
i teas been promised in the treaty of alliance
Is due to lite casus fsderis, and not plher
wise.
1 189. As the mr.st solemn treaties cannot
J dbuge persons to favour an unjust quarrel
’’ (section 86,) the casus faderis never takes
pi.ee in a war manifestly unjust.
§95. A* engagement which may draw
ion a wat is ot great moment; it concerns
the very safety of the State. He who In
an alliance promises a subsidy or a body of
aux liar es, sometimes thinks that he risks
1 c <mi) a sum of muuey, or a certain number
k
procure an. appropriation, which WM tp
Im conceahjd from the people, of
money Chua to be paid to France. Not a
little gratified, however, with aaoppoitu-
Yiity to argue this case against the Adminis
tration, the writer will give U liberty to
• AMKMD STS FfcßA.
.4BP RM)IX— Xo. 11.
VattkL, Book UL Chap. 6.
Qf the Enemy's 4ties > Societies <f War,
Auxiliaries, and Subsidies,
5 § 78. We have sufficiently spoken of trea-
ties in that here we shall touch on
this subject only in its particular relations
to war. Treaties relating to war are of
several kind*, and vary in their objects and
clauses, according to the will of those who
make them. Besides applying to,them all
that we have said of treaties in general,
(Book ii. ch. 12, Ac.) they may also be di
vided into treaties real and personal, equal
and unequal, flee. Bnt also those which re
late to their pvtieular object, war, have
their specific); differences.
§79. Under this relation, alliances made
for ifar are divided in general into dtfen
sive alliances and offensive alliances. In
the former the nation engages only to de
fend Its ally in case he be attacked; in the
latter a nation joint with him lor attack
ing, and for jointly carrying the war into
another nation. Some alliances are both
offensive and defensive, and an alliance is
seldom offensive without, being also de-
* tensive. But it ip very usual fnr alliances
to be purely defensive; and these are in
general the most natural and lawful. It
would be too tedious, and even of little use,
to go through the detail of all the variety
L in these alliances. * Some are made with
out restriction towards and against all; in
others ceVtain States are rxoepted; a third
are formed nominally, against such or such
a nation.
§BO. But a difference of great impor-
ihe fate of their arms prove favourable,
they will carry the wdr into his cmurtry
But it remains to sac whether such a thing
can be done justly, and cm what occasions.
Some aethoura* decide in general, that
whoever joins oqr enemy, or assists him
sgainst us with money, troops, or in any
other manner whatever, becomes thereby
our enemy, and gjyes us a right of making
war against hhn. A cruel decision, and
destructive of the tranquillity of nations.—
It cannot be supported by principles, and
happily the practice of Europe is directly
the reverse.
§ 101. But if a defensive alliance has not
been made particularly against me. not
concluded at the lime when 1 was openly,
declaring for war, or had already begun
it, and if the allies have only stipulated in
it, that each of them shall furnish a stated
succour to him who shall be attacked ; I
cannot require that they should neglect to
fulfil a solemn treaty, which they had an
unquestionable right to conclude without
any injury tome. The succours furnished to
my euediy are the payment of a debt; they
do me no wrong in discharging it, and con
sequently give me no just cause to make
war on them (section. 26.) Neither can I
aay that my safety obliges me to attack
them, for I shook! thereby increase the
number of my enemies, and instead of a slen
der succour whiph they furnished against
me, should draw on myself all the united
force of those nations. Therefore it is only
the auxiliaries sent by them who are my
enemies. These are actually joined to my
enemies, and fight against me The con
trary principles tend to multiply wars, and
spread them without measure to the com
mon ruin of nations. It is bappr for Europe
that herein agrees with tfte true prin
ciples. A Prince seldom takes upon him
to complain ot succours furnished for the
defence of an ally, promised by former
treaties, by treaties not made against him.
In the last war the United Provinces fur
nished the Queen of Hungary with subsi
dies, and even troops, and France never
complained against these proceedings till
those troops marched into Alsntia to attack
their frontiers. Switzerland, in virtue of
its alliances with France, furnishes that
crown with a large body of troops, and
notwithstanding lives in peace with all Eu
rope.
§ 102. The real associates of my enemy
being my enemy, I have against them the
same righ ts as against the principal ene
my. (Sect. 95.) And as they declare them
selves such, as they first take arms against
me; I may make war on them without
any declaration : it is sufficiently declared
by their own act This is especially the
cate of those who in any manner Whatever
concur to make an offensive war againit
me, and it is likewise the case of all thc.be
whom we have mentioned in Sect. 96, 97,
98, 99, 100.
But it is not thus with those nations
which assist my enemy in a defensive war;
I cannot consider them as bis associates.
(Sect. 101.) If I ant entitled to complain
of their furnishing him with succours, this
is a new difference between me and them,
I may expostulate with them, and on not
receiving satisfaction, prosecute my right,
smd make war on them. Bu 1 . in this case
there must be a previous declaration
(Sect. 51.) The instance of Manlius, who
m ide war on the Galatians for having fur
nished succours to Antiochus, is not to the
point. Gt otiusf censures the Roman general
for beginning the war without a declaration.
The Galatians in furnishing troops for an
offensive war against the Romans had de
clared themselves enemies to Rome. In
deed as a peace had been made with An
tiochus, it seems as if Manlius should not
have fallen on the Galatians till orders
came from Rome, and then if this expedi
tion was considered as a fresh war, it was
not only to be declared, but satisfaction
should have been asked, before proceed
ing to hostilities. (Sect. 51.) But the fin
ishing hand was not yet pit to the treaty
w(th the King of Syiia, and it concerned
only him, without any mention of his ad
herents. Therefore, Manlius undertook
the expedition against the Galatians as a
consequence or remainder of the war with
Antiochus. This is what hi himself very
well observes in his speech to the
and he even adds,, that his first measure
was to try whether he could bring the Ga
latians to reasonable terms. Grotius more
appositely cite* the example of Ulysses and
his companions, blaming them for attack
ing. without any declaration of war, the
Ciconi an*, who during the siege of Troy,
sent succours to Priam.§
PbSTtCHIPT.
Appendix No. 111. which is to accompa
ny Letter No. XI. will contain some un
exampled, unparaHt\ 1, and most ecccu
trick, aa well as humiUatiog, propositions,
Which were made by President Jefferson
to the government of France, (preteodedly
to Spain) five or six years ago, and which
are as yet knows only to the Members of
• See Wolfe Jus Gentium Sect. 730 73A
f Lib. 111. Cap- id. Sect. 10. do jure belli et
pacts.
I Tit Llv. Lib. XXXVIIL
f Qrotius uhi supra, Not. 3.
-i L—■ I.■ I ■ I /<!• 1
LONDON, June 25.
Friends or Foreigners in Distress.
The anniversary dinner of this Society
was held on Thursday last at the City of
London Tavern, at which his Royal High
ness the Duke of Gloucester presided, and
about two hundred of the members and
friends of the cMtrity were present—-
Ainongst those were his Excellency Wil
liam Pinkney, American Minister, Count
Munster. Lord Sir James
Hall, Bart. M.P. Sir William Paxton. Sir
William Ch.tmliers, flic.
tbe Executive atyl .Legislative Depart
osqteta M the United States, and to a very
few individuals* Europe. Io the e»rse
oMteese letters we shall detail moat of the
propositions which Jffferson from time to
time made to Fitotoi- That artful man
has concealed, even from Congress, the
secret propositions which the French Em
peroar made to hkh, and which one of his
subaltern leaders, in one of his few honest
moments, declared Ise had no doubt were
“ infamous." But, strange as it may seem!
Good fortune will so have k, that we have
got a very strong grasp upon h perfect clue
to some of tbe most important of them, and
we will not let go her hold. We shall alyo,
“ in process of time," give a sketch of the
true character of the secret
treaty Between Spain and France, upon
which Administration affect to repose as
upon a solid ground of defence ; and per
haps of ocher secret treaties. The pub
lick are convinced that wc do not trifle
with them. We are.continually receiving
new information, and ’hall be able to af
ford interesting “ Letters upon French In
fluence," for a number of years.
*» England," said be, " has /ver stood
forward in the cause of humanity;—no
country has more numerous, or more use
ful institutions which nre not confined to
ourselves alone but have been extended to
the inhabitants of alt other nations. She
has feared no menace, and shrunk from no
danger; neither pprils, threats or priva
tions could check the impulse of her be
nevolence. She has been generous in tht
midst of dangers, and charitable even in
the hour of suffering. She has inquired
not whether the afflicted was her friend or
her foe. She forgot her insults and her ca
(amities in her charities, and asked not
from what quarter of the world the peti
tioner came, nor of what colour he might
be—if be was in distress, it was a suffi
ciently strong claim for relief.”
This speech was felt and received with
the most enthnsiastick applause.
His Royal Highness next proposed the
health of Mr. Pinkney, •• with the wish of
perjietual amity between Great-Britain and
the United States."
After dinner, the toasts of " The King/'
“ Queen and Royal Family," having been
given, William Manning, Esq. M. P. one
of stewards, proposed the health of
his Royal Highness the Duke of Gloucester,
as patron of the Society, which was re
ceived with the warmest applause.
His Royal Highness in returning thanks,
staled, that the honour which had been
done him, was much increased by the man
ner in which it had been conferred upon
him. It was his pride to receive this tes
timony from a society, formed for purpoees
so truly benevolent..'
f oreifln
Received by arrivals at Bern-York, Jrom London
Mr. Pinkney rose, and in a speech* of
great a impressive eloquence, returned
thanks for the honour that had been done
him by drinking his health. It was un
necessary for him to add that the wish of
the company of “ Perpetual amity between
Great-Britain and the United States,** •W
also his. In place of enlarging on this to
pic k, he asked permission to say two or
three words, in addition to what had been
so well expressed by his Royal Highness
the Duke of Gloucester, on the subject of
the admirable institution, which had been
the occasion of their meeting together.—
Amongst the many charitable establish
ments of this country, there were few or
none that promised to be so extensively
useful. Thia benevolent society had noth
ing local as to its objects, as it offered re
lief to the distressed of all nations, without
distinction.
After paying a just and elegant compli
ment to the illustrious chairman, on that
cbaractcristick benevolence which has in
duced him so warmly 'to patronise this
most excellent institution, Mr. Pinkney
proceeded to display, with the greatest
eloquence and effect, the peculiar merits
of the charity. The words, filial piety,”
Which in the statement in the Times, of
Friday last, were mistakenly applied to
America,in relation toGreat-Britain, were
happily applied by Mr. Pinkney, to Socie
ties like that of which he was speaking
relatively, to the virtue which suggested
and produced them. He stated in the con
clusion of his speech, that lie felt confident
that the example of this society, would in
time be followed by America—that he took
delight in hoping that It would be followed
also by other nations of the earth ; and if
It should, be exclaimed, what a giqrious
and animating spectacle would these wide
ly spread institutions exhibit to the eye of
and Dublin.
July 10.
We have received letters from our squad
ron off Toulon tu the latter end of May.—
The enemy's fleet had been repeatedly re
connoitered by the Unity frigate, and as
certained to consist of 17 sail of the line,
four of which were three-deckers and car
rying Admiral's flags, and apparently rea
dy for sea. .Sir C. Cotton had, in conse
quence, despatched orders to Minorca, flee,
lor the assemblement of his fleet, and
during some days b 4>re the close of our
letters, all our ships were kept clear for
action.
The Unity, Voluntaire, and Alacrity,
were chased off Toulon by two sail of the
line and a frigate, but it blew hard at tuc
time, and the enemy soon returned to port,
followed by our vessels, which greatly out
sailed them.
The basis of a second cartel for an ex
change of prisoners has been agreed upon.
The last despatch to Mr. Mackenzie com
municated to him the terms upon which
oar government would agree to a cartel,
and to those terms the French Govern
'ment have acceded. This intelligence
was brought by Mr. Wyer, the messenger,
last night from Morlaix.
beMvxlance;
<pig)K K Mt b« expected to produce upon
hearts « seen, instilling into them, more
and more, < and from day to day, the love
at their fellow-creatures; that societies
like this were cause, as well as effect.-
They were produced by charity, but chari
ty was again produced by them. So indeed,
he added, must it be with all instkutiens
which tend to fulfil the great designs of
Providence. “ With a true filial piety,"
to adopt the expressions of a great man,
“ they cherish, strengthen, and diffuse the
influence of that virtue, whatever it be, to
•which they owe their existence.’*
The whole of Mr. Pinkney’s speech was
marked with all that discretion which be
came his situation; yet he gave ample
scope to his feelings as a man, in this great
cause of humanity; and his sentiments,
which were delivered in the most eloquent
language, were helrd by the company with
heartfelt satisfaction, and long continued
applause.
Several other toasts, applicable to the
occasion, were given; and many excellent
songs sung by the professors who attended;
and the day was sppnt in tbe utmost har
mony. Before the meeting concluded, the
voluntary contributions of the party, for
themselves and their friends, in behalf
of thh admirable and rising institution,
amounted to above 800 Z.
Letters from an officer of the 43d regi
ment of light infantry, dated, head-quar
ters, the 10th of lune, in Portugal, state
that the 43d, with other light corps, form
ed the advance brigade of Lord Welling
ton's army under the command of General
Crawford. They bad had several severe
skirmishes with tbe advanced cavalry of
the French army, and some days previous
to this letter, they had succeeded in de
feating and taking prisoners two French
squadrons of chesseurs. Only a river part
ed Lord Wellington and Massena’s army,
and it was supposed that a battle would
take place very soon. The Portuguese ar
my under Marshal Beresford, was stated
to be in high order and discipline.
Letters from Antwerp, received yester
day, state, that the Scheldt fleet was in per
fect readiness for sea in consequence of
extraordinary exertions at tbe personal in
stance of, Bonaparte. The fleet consists of
seven sail of the line and five frigates. It
is to be wished they may venture out, but
while Our ships arc in constant blockade of
the mouths of the Scheldt, this event is
not to bp j)oped. Vice-Admiral Sir Ed
ward Pellew sailed on Wednesday from
the Downs, io order to take the command
of the squadron in the room of Sir Richard
Strachan.
This being the day on whicX the Cour
was to pronounce its judgemenaon the atjvi
defendant, the avenues at a very early h4ui
were all crowded, and the throng so drs
usual and prodigious, that the Chief Jt s>
tice was obliged to order the avenues totx
cleared, it being with the most extrem
difficulty, that even* the prisoners coi Ic
contrive to get into the body of the Cou t.
At length they appeared, and the Attt r
ney-General prayed the judgement agaii it
William Cobbett, T. C. Hansard, Juir
Budd, and Richard Bagshaw.
Mr. Justice Grose first addressed lit
Court of King't Bench—Monday, July 9.
prisoner, Cobbett: He signified tohim tl at
he was convicted of a most foul and wick ?d
libel—A libel, the tendency of which vas
to create dislike of their duty in the Lp al
Militia of the country, aud disgust to <ir
services in the foreigners employed tljci e
in, and through them to bring disgrace on
(he government, and to paralyze the en r
gies of the State. The Learned Judge Ob
served, that the oppertui.ny and the im*
son that the defendant had selected w re
those when an enemy, the most ferocidus,
was at the very moment threatening pur
shores ; an enemy whose military govern
ment had laid prostrate the surrounding
States, and who marked his way with apo
liatioa and plunders yet this was the ehe
my who was stated by the prisoner to ose
WILLIAM COBBETT.
July 7.
W.ArU . r<s *• ',A
■ • ■ ♦ W*/ M . \ .|k, ’
hi. soldiers bctUrthanite soWhro of &i»
country west used, and whogn gcwnmeat
was compared with the government ef this
country, andassemd by him to idM more
comfort* and protection VP It* soldiery thpja
were afforded to the soldiers of thia coun
try. The malignancy of this poison was
therefore considerably increased by the
time and the season when it was spread
throughout the nation. Defendant had a
fair, patient, and impartial trial, he had
the fullest opportunity of removing from
the minds of the Jury any doubts that they
might entertain, if any doubts they could,
have of the guilty and daieterous libel that
he was charged with. But the defendant
neither did nor could exculpate himself in
their eyes, a id they decided upon him with
proofs most convincing of the foulneps and
wickedness nf his guilt. If it could not be
imputed to him that his objects were only
to distract the government and to embar
rass the State, then it could not be denied
that objects, if not as dangerous, at least as
base, could not be removed from hjp inten
tions, namely, that of writing libels for the
degenerate purposes of base and unworthy
lucre and profit. This then, itself, vjas an
offence of the deepest die, and such as the
Court wa* imperiously called upon to visit
with a heavy hand.
'lt was much to be lamented that a man
who had the experience of the defendant, •
should after all that passes in life, so con
stanlly befoiehis eyes, grow worse, and aa
hy increases in years, increase in maligni
ty. It was also lamentable that the nu-"
tnerous examples made of libellers had no
effect upon him ; but that knowing the
fatal consequence of such conduct, he
still perseveres in spreading the poison of
most destructive malignity through the
nation. A check must be put to such mis
chief, the State must be governed, the
army must be satisfied that their fellow
citizens are satisfied with them, the fo
reigners in our service must not be tra
duced when they are labouring in common
with the whole of our military system, to
support and protect the safety of the em
pire, and the military system must not be
moved to a disgust of the service in which
they are employed. For these reasons
the Court holds itself called upon to exert
its authority this day. The Learned Judge
then adverted to the libel, noticing the
most prevailing features of it, and then in
an emphatick manner proceeded to pass
the fellowing
Sbwtxwcb or William Cobbxtt.
“ The sentence of the Court is, that you
William Cobbett, pay a fine to the King,
of 10001. that you be imprisoned in his Ma
jesty’s gaol of Newgate for the space of
two years; that at the expiration of that
period, you enter into a recognizance to
keep the peace for seven years, yourself
in the sum of 3,0001. and two sureties in
the sum of 1,0001. each. And further that
you be imprisoned till that recognizance
be entered into, and that fine paid.”
His Lordship then proceeded to pass the
sentence of the Court on the three other
prisoners C. Hansard to be imprison
ed in the King’s Bench prison three months,
and to give security to keep the peace—
himself in 4001. and two securities in 2001.
each.
BALTIMORE, August 22.
r hk democratkk papers are attempting
to prove that France is justifiable in seizing
our vessels in Spain, Holland and Naples,
because those voyages being prohibited by
the non-intercourse law, though authorized
by the executive construction of it, they
were rightfully seized by Bonaparte, as the
owners had heen guilty of a breach of the
laws of their Here we see the
bard struggles of French advocates to em
bitter the sufferings of the American mer
chants by vindicating, at their expense,
their insolent oppressor, who deigns not
himself to apologize for acts that set at de
fiancejustice, humanity, good faith and the
la* of nations. If the American laws were
not strictly pursued in these voyages, they
were relaxed for the benefit of Bonaparte’s
subjects; and lie scorns to excuse his con
duct upon any such basis. He has expli
citly announced in solemn official form to
General Armstrong and to .the world, by
Cadore’s letter, and by the Rambouillet de
cree, that his seizures are to be regarded
only in the light of repris'als, and no other.
We perfectly agree with the Whig, that
the construction placed upon the original
law, was a violation of the letter and spirit
of It; for Bonaparte’s power was as com
plete and transcendent in those exempted
countries aa it ever was in France, and if
it were not so, it was still the duty of Con
gress to make no distinction for Holland
Naples, &c. hud adopted the very decrees,
which called for the non-intercourse law.
This reasoning applies, however, only to
the original non-intercuurse law, and not to
that which was passed to continue it, In the
extra sess.on of last year* At the time of
passing the continuing act, the construction
the old law was known to Congress, and
they confirmed its correctness by omitting
to pass a declaratory clause to effectual*
their meaning.
Budd and Bagshaw were sentenced each
to two months imprisonment in the same
place.
2Bp the jlßaife.