The United States oracle of the day — Portsmouth, N.H., 1801-06-13 00:00:00, page 2

ples and precepts of their inftruaois—ln the
presence of those who are refpe&able they are
* aecuftomed to control their passions, and learn
the important leffoh of felf-command. With
such an education they seldom fail to make ufe
ful and quiet members of society; but those who
are idle and unrestrained in early life, will be
ready afterwards to oppose lawful government,
and diftuib the public peace. Moral qualifica
tions are of thefof importance in the office of
inftru&ors ; their virtues should lerve for models
in the conduct of life. If they are chargeable
with vice or impiety, no attainments in know
ledge can compensate for the contagion of their
bad examples.
The celebrated Legislators of antiquity, con
sidered the education of children, as the most
essential duty, and the most important exercise
of government .• It was regulated by the Au
thority of the Magistrates, and upon principles
of the public good. Their institutions were
calculated to inspire the ybuth with refpe& for
the laws and love to their country ; to form
them to habits of temperance and truth, & teach
them to honor their superiors and venerate old
age. Our ancestors were impressed with the
importance of this fubjedf, and manifefted an
earnest solicitude, that their children might be
educated in literature and religious and moral
principles. The University in the neighborhood
is an evidence of this. Soon after the settlement
of the country, they provided for the establish
ment of schools for the children of the poor as
well as the rich; and if parents ncgle&cd to
teach their children to read, and to bring them
up in feme bereft employment, the Selectmen,
with the assistance of two Magistrates, were au
thorifed to take such children from them, and
place them with masters to be ftridlly attended
to. 'The whole influence of education is neces
sary in Republican Governments, they depend
for their support, upon the enlightened and af
fe&ionate attachment of the people ; and there
is no 'ground to expert they will be preserved,
unless the youth are trained to knowledge and
virtue, and taught, by example and education,
to submit their own to the public will. Our
Constitutions have liberty for their vital princi
ple :, but this liberty is reasonable, and subordi
nate to the laws, and whenever it shall become
superior to law, it will degenerate to licentiouf
nefs,and be loft.
The care which is now employed in the in
ftru&ion of youth, must give pleasure to every
friend of the State; and if the failures in educa
tion are owing, not to the want of legal provi
sion, but to inattention in the people, the influ
ence of the individual Members of the Legisla
ture may go far to remedy the defeats.
As a part of this fubjcdl, permit me to sug
gest, that the inflictions of the Sabbath, and of
Public Wotfliip, were regarded by our ancestors
with peculiar d< votion ; and that cur State Con
flitution recon mends the support of them while
at the fame tine it carefully guards against a
violation of the right of conscience.
It will be acknowledged by every one, that
Public Worship is ufeful, as a school of good
manners,and of decent and <rc. y deportment.
But as religion is the only lu r foundation of
human virtue, the prosperity • State must
be effeothlly promoted by a due observance of
the Sabbath, and by the meeting together of
the citizens to learn the duties of moral obliga
tion, and contemplate the wisdom and geodafs
w-th which the Almighty governs the world.
Itch assemblies, they can hardly fail to receive
ml information in the condu& of life, and
M&jjachuieits Lfgiftatuie
HOUSE ty REPRESENTATIVES.
WEDNESDAY, JUNE 3.
CT TIE two Houses convened in the Reprefen
-1 tives Chamber, for the purpose of choosing
Notaries Public. The greater part of the No
turics in office were re-deded, and JOHN
AVERY, Esq. was unanimously re-chofen,Sec
retary of the State; and PELEG COFFIN,
Esq. was unanimously re-chosen Treasurer.
THURSDAY, JUNE 4.
Agreeably to assignment, His Excellency the
Governor met the two Houfcs in Covention, at
twelve o'clock, this day ; and delivered the
following
Gentlemen of the Senate, and
Gentlemen of the Houje of Riprefentatilcs,
WITH diffidence I have again undertaken
the important office, to which tie partial regard
of the people has invited me. I feel a grateful
sense of this renewed testimony of their confi
dence, and hope that a fair examination of my
public conduct will prove that I have no other
obje&sfin view, than the peace and prosperity
of the" State. Whenever it (hall be thought that
another will more effectually promote thefc ob
juds,l fliall cheerfully return to a private Ration.
In the mean time my belt endeavours will be
continued, to advance the reputation and wel
fare of my fellow-citizens; to preserve their
privileges unimpaired, and to fcledl those for
public office, who are mod distinguished for a
bilities and integrity, by whatever name of po
litical diftindtion they may be called.
Although in the choice of a President of the
United States, the result has not corresponded
with the wishes of many citizens of this Com
monwealth ; yet they will refled, that in Re
publics, the opinion of the major part niuft
prevail; and that obedience to the Laws, and
Ecfped for conflitutionai Authority, are essen
tial to the character of good citizens.. We are
encouraged to expert, that the First Magistrate
will not depart from the effcntial principles of
our Government ; and so long as his adminis
tration shall be guided by those principles, be
will be entitled to the confidence of the People,
and their intcreft requires that he should possess
it. But if it shall be thought hereafter, that
these anticipations are not realized, Rill a sense
of decorum and regard to justice, and the pub
lic welfare, should exclude asperity arid falfe
colouring from every difeuffion of public mea
sures ; for the morals and liberties of the people
will be ii danger, if the free presses in the Unit
ed States, are difgracefully prostituted to fadion
and fallhood.
The defence of our country is confided, by
the constitution, to the General Government ;
but as the chief reliance is placed upon a well
disciplined militia, and as the appointment of the
Officers, and the authority of training the militia
are referred to the several States, the frequent
attention of the Legislature to these circum
stances, will he necessary to the public fafety.
Among the various fubjeds of State Legisla
tion, there is none more important to the pre
feivation of our Free Government, or more in
teresting to the happiness of Society, than the in
ftruHion of the people,and particularly the edu
cation of youth:—lt is not enough to teach
children to read and write, and underhand the
firft rules of arithmetic ; it is allo of importance
to habituate them to restraint ; to form their
temper and manners by the principles of benev
olence and. justice, and to awaken the ufeful en
ergies of their understandings, and chcrilh the
virtuous propensities of their hearts. A bad
temper is often made a good one by education ;
and the difference we observe in the characters
of men, is. ; ? a great measure, owing to the dif
ferent impreffioDS they received from the exam-
SPEECH;,
impressions of reverence for the Deity, which
will never be totally effaced. Even the instruc
tions that produce no apparent effedl at the time,
may so far gain a place in the memory, as rea
dily to revive in it, when occasion calls for
them. It is the nature of vice to dinolve socie
ty; but these institutions tend to uphold it, in
a condition favorable to order and virtue; by
preserving them, therfore, we shall preserve the
virtue and secure the happinc'* of the people.
If any of the towns or plantations which have
been lately fettled in the Commonwealth, are
unable to provide the means of inftru&ion and
education at their own expence, will it not be ex
pedient for the public to afford them assistance,
that no children may grow up in the State
without in ft ruction ?
I will detain you no longer, Gentlemen,
than to observe, that I know of nothing, ex
cept the usual business of the General Court,
which now calls for your attention ; and that
t shall readily agree to any measures condu-I
cive to the public good, which you may think
proper to propose.
Caleb Strong.
Council Chamber, June 4, 1801.
The Speech was committed to Messrs. Pick
man, Bigelow, Morton, Blake, and Mitchell,
of B. to prepare an answer.
His Excellency's Speech was committed in
Senate, to the Hon. Messrs. Dwight, Brigham
and Bidwell.
May it please your* Excellency,
THE House of Representatives sincerely con
gratulate your Excellency, and their fellow
citizens, upon your re-election to tbe office of
First Alagiftrate of this Commonwealth. This
renewed testimony of the public confidence, at
this period, must be highly grateful, as it af
fords the strongest evidence of your having dis
charged the important duties of your high trust
with wisdom and impartiality. Notwithftanc
ing the diffidence you have been pleased to ex
press, the whole tenor of your public life inspires
us with the fullcft confidence,that your best en
deavors will be fuccefsfully continued to advance
the reputation and welfare ofyour constituents,
to preserve their rights.unimpaired, and to feledt
those only for public office, who are most distin
guished for abilities and integrity.
Although in the late election of President of
the United States, the result may not have cor
responded with the wishes of many of our fel
low-citizens, yet we do most sincerely hope, and
are encouraged to believe, that the happiness so
confidently anticipated by feme, and so cordially
desired by all, may ultimately ensue from that
important event. As members of a republic,
whose basis is tbe will of the people, we confider
that the best claim to the chara&r of good &
faithful citizens is founded on a cheerful obedi
ence to the laws, and a uniform refpedlfor the
constitutional authorities of our nation. And we
cannot refrain from indulging the hope, that he
who was so eminently concerned in eftahlifhing
our independ< nee, will not be betrayed into a
dereliction of the pure principles of the Federal
fy (Icm which has arisen out of that Independence.
But if these anticipations should not be realized,
still a regard to truth, to justice, and to the pub
lic welfare, ought to exclude all asperity & falfe
colouring from the difevffion of public measures,
for if the free presses of our country are dif
gracefully prostituted to Faction and Falfchood,
they will greatly cndangef if not eventually
subvert the morals, and the liberties of the peo
ple.
The organization and difcipljne of the Mili
The hiftory of antient republics, furnifhes us
with so many teftimonits of the fatality attend
ing the ignorance of the people, and through
this means the subversion of free governments,
that we are juftified in the belief, that a Repub
lic cannct preserve its purity, nor can it long
exist without the general diffufion of knowledge
among every class of citizens, and we readily
adopt the fentimeut that no fubjc& of legisla
tion can be more important. To effect so de
sirable an object, an early and unwearied atten
tion to the inftruaion of our youth,is indispen
sably necessary, and it is a duty, which to neg
left would be a breach of the trust reposed in
us by our constituents.
We duly estimate the wisdom of antient and
celebrated legislators on this .fubje&, as well as
the laudable examples of our wife and virtuous
forefathers—although much has been done by
former legislators in eflablifhing institutions for
the inftru&ion of youth in the principles of re
ligion, morality, and ufeful feience, and in for^ -
ing their tempers, and habits, yet much remains
for their focceffors to do.
Relying, under divine Providence, on a well
organized and well disciplined Militia, as the
great defence of our country against enemies
From abroad and fadlion at home, the senate will
frequently and readily pay that legislative atten
tion to the fubjeeft, which its importance de
mands.
May it pleas war Excellency,
THE Senate beg leave to express to you their
finecre congratulations on your re-election to
the Chief Magistracy of the Commonwealth.
Not doubting the purity of the motives, which
have ever guided your political conduct, fully
believing that your administration has been
uniformly intended to promote the public weal,
and that our fellow-citizens have felt and ap
preciated its good effects, we hefifate not to add
our unequivocal approbation to that which is so
clearly evinced by the repetition of their itf
frages.
Whatever may have been the willies of ma
ny, in regard to a choice of the President of the
United States, we true, that the good sense and
patriotifni of those, who are disappointed in the
result, will lead them to render that refpe&ful
obedience to conftitutionpl authority, which is
juftlv due, and that the First Magistrate of our
nation will, in administering the government,
so adhere to its efTential principles, as to secure
the confidence of the people, whose interefl re
quires that he should poffef* it.
We fully accede, fir, to the portion, that as
perity and falfe coloring, ought not to be in
dulged in the difeuffion of public meafurcs, and
we lincerely lament that the morals and liberties
of the people have been, and Bill arc, endanger
ed by the licentiousness of the presses in the U
nited States, and that so many of our newspa
pers are the vehicles of mifreprefencacion, Ban
der and falfehood.
We will cheerfully co-operate with your Ex
cellency, and the other branch of the legislature,
in ameliorating fyflcms, so honorable to our
country, so essential to the support of a free
government, and conducive to the happiness
of society.
[The Senate did not pass this address with
out considerable discussion ; the objection was
railed to that passage which relates to the elec
tion of Mr J, fferfon, on a plea that it did not
express a fufficient degree of confidence in his
adminiflration; the motion for amending it was
however finally loft ; yeas 14, nays 20.]
Presented by the hon. mr. Dwight, mr. Brig-
Presented by Meflrs. Pickman,Bigelow
Jarvis, Blake and Mitchell.
THE SENATE'S ANSWER
ANSWER of tbe HOUSE.
ham and mr. Bidwell,
tia, being entrusted to the State Governments,
we shall give out frequent attention to obje&s
so (ffentially cons e&d with the public fafety.
We fully agree with your Excellency in opin
ion, that there is no fubjed of State LegiflatiQD
more important to the preservation of our free
governments, or more intcrefting to the happi
ness of society, than the inftruaion of the peo
ple, ,nd particularly the education of youth.—
It is not enough to inftrua children in ufeful
learning, it is of Bill higher concern, to habitu
ate them to restraint, to form their tempers and
manners by the principles of benevolence and
justice, to awaken the ufeful energies of their
)underftandings, to cherish the virtuous propen
sities of their hearts, and to teach them the im
portant lesson of felf-command ; —thus educat
ed, they seldom fail to make quiet & ufeful mem
bers of society, while those who are idle and
unreftraincd in early life, generally become tur
bulent and seditious at mature age.
Our wife and pions ariceftors were Rrongly
impressed with the importance of this fubjefl.
Scarcely had they reached this, then inhospitable
shore, when they provided Schools for the edu
cation of their children in literature, and in the
principles of religion and morality. They early
founded the University at Cambridge, to which
I our country is indebted for so many great and
ufeful men. We confider the civil and religious
institutions which we have inherited from those
venerable ancestors as invaluable. To those in
stitutions, under Divine Providence, we ascribe
the present honorable and prosperous condition
lof this Commonwealth. We therefore esteem
it our highest wisdom to cherish, and if possible,
I to improve them, and one of our firft duties to
I tranfruit them unimpaired to our poßerity.
IWe are deeply impressed with the importance
i and necessity of providing for a due observance
j of the Sabbath, which we confidcr as essentially
connected with the preservation of religion, the
only sure foundation of human virtue and hap
piness. If our laws, in this refpe&, are defective,
we will endeavor to amend them, paying, at the
fame time, that regard to the rights of con
feiente, which a wife and liberal policy, as well
as obr State Constitutions recommends.
The Senate has concurred in the election
of the Hon. Tomson J. Skinner, as Major-
General of the 9th Division.
The Secretary delivered a Mfage from bis Ex
cellency the Goves nor, irclofng a letter from bis Ex
cellency tie Governor of Rhode- Jfond\ with informa
tion, that tfoState bud appointed Comm'fftoners for
afeertaining, in conjunction with Commffonersfrom
Maffaebufetts, tbe boundary line of tbe two States.
The Mfa'gc alfofated, that tbe office of Maj. Gen.
in tbe 2d and ^tb divifans -were vacant, by the re-
Jignations of Generals Abbot and Dearborn ; and
indofed a representation from tbe Adjutant General
refpelting tbe expediency of revising that part of the
militia Law, which relates to exemptions from mili
tary duty.
Several petitions for tbe alteration of tbe place of
fitting of the. Supreme Cow t in the County of York,
mere committed.
A bill altering the times for holding tbe Courts in
tbe Counties of Worcefer, Hampfire and Berkfire
was read, and Thursday, 4 o'clock, was aligned for
tbefecund reading.
Tbe letter of tbe Attorney General, communicated
by His Excellency tbe Governor, was committed.
His Honor Samuel Phillips, Esq. by letter declined
further service on tbe committee for tbefale of eaf
era lands.
On Friday the 15th inst. the sch. Orange,capt.
Haflard, on her pafTage from Beaufort to this
port, was brought too and boarded by a priva
teer fliip mounting 14 guns, full of men, part of
which were negroes —who said she was from
Antigua, and her name was the Minerva. He
asked captain H. very particularly, it there were
not a number of Danes in this port, and a few
in Savannah, faying be intended to cruize be
tween this and Savannah, for the purpose of
taking them ,on their departure. Capt. H.
anfwertd he knew nothing of the ffiips in either
th : 3 port or Savannah ; and upon anting the
captain's name, they would not inform him
what it was. Captain H.fufyedsfrbm the ap
pearaftee of the ship, she is from New Provi
dence. •—— —— *
The Hon. Mr. Wells, by letter, gave in bis re
signation, as one of the committee for tbe sale of Laji
ern Lands.
The House concurred with the Senate
(ill to 84) in an order directing the Clerks
of the two Houses to engage with Messrs.
Young and Minns, to do the printing for the
General Court, for one year.
The Senators and Representatives convened
for the purpose of choosing a Ccunfcllor in
the room of the Hon. John C. Jones, declined,
when the Hon. JOHN BLISS, was chosen.
The Convention then proceeded to the choice
of a Senator for the diftri& of Essex, in the
room of Mr. Kitteridge^ declined, when JA
COB CROWNINSHIELD, Efq* was chosen.
A committee was appointed to revise tbe law ef
tabSJhing tbe times of tbefttings oj tbe Supreme Court,
so far as refpeas tbe County of Barnfable.
A message was delivered by tbe Secretary from bis
Excellency tbe Governor, inciting a letter from tbe
Troafurer, w itb a general vim of tbe Treasury to
tbe gif of May, lßci.
An engreffed biJl in addition to tbe afl for fauring
to owners ibcir property in logs, wafts ,spars and other
timber, was committed.
A rfolve sassed, adding to tbe fcbedule of rateable
property, " money at inters more than any creditor
pays inters for."
• Monday next, 4 o'clock, teas affgned for cl-ofing
a Major General of tbe Btb division.
Henry Sewall, Esq. was on Monday last,
chosen Major-General of the Bth division of
militia of this Commonwealth, in the room of
Gen Dearborn, rt signed.
A mfuge was received from His Excellency tbe
Governor by tbe Secretary, inciting a representation
of tbe Attorney General, " that no proven is made
by law for fending to other fates for persons charged
with crimes in this fate, and who have fed from jus
tice, or for the expenjes that may arise by bringing such
persons into tbe State for trial.'
MONDAY, JUNE 8. FORENOON.
Britjb Cruisers waiting for tbe Danes in tbe ports
of tbe United States.
From a Charlcfton Paper of May 18.
Every one must acknowledge that Public
Worship is ufeful even as a School of good man
ners, and of decent and orderly deportment, and
that the meeting together of the people to be
intruded in their religious and moral duties,
and to contemplate the wisdom and goodness
with which the Almighty governs the world,
mud tend to imprtfs on their minds that reve
rential love for the Supreme Being, which is the
highest and noblest motive of hdman actions. If
any of the towns or plantations in the Com
monweabh are unable to provide the means of
Inftrudion for their children, we conceive that
the public good requires that they should have
such assistance as may be required for this pur
pose. We doubt not your Excellency's ready
concurrence in every measure conducive to the
public welfare, which the Legislature nay deem
it expedient to propose.
The letter from tbe Executive of Rhode- I,and,
•was committed.
THURSDAY, JUNE 4. AFTERNOON.
FRIDAY, JUNE 5.
At this moment the Ruffian Fleets destined
to a& against the English is entirely equipped
and ready for sea. One of these fleets will take
on board a great number of troops, whose def
tinatien is unknown ; another will join the
Danish and Swedish squadrons.
# . PARIS, APRIL 16.
IT is said Lord Whitworth is conning here
in quality of a negotiator from England.—
The First Consul had required, that the nego
tiations be carried on at London ; but the
English government preferred treating at Faris.
The correspondence between the two govern
ments are in constant activity.
Intelligence from Russia announces the fol
lowing changes.
All the State prisoners have been set at liber
ty. The ordonances refpe&ing contraband
are abolished. The Tariffs of duties of 1782
are re-eftablilhed. There have been changes
relative to the island of Malta. Every body
may dress as they please, provided they dress
decently. The importation of merchandize is
permitted. The old regiments retake their
names—The old guards are replaced. It is per
mitted to travel in and out of Russia freely.—
The order of Wlodemir, in which no more
Knights were admitted, is re-established. The
importation of books is permitted. The em
bargo on English vcffels will last until an answer
from England shall arrive.
On the 19th April, fix American vcffels en
tered the port of Bourdeaux, laden with tobac
co, coffee, tea, cocoa, potashes, pepper, and nan
kins. —
It is said, that his Majesty the New Emper
or of Russia, has confirmed the dispositions tak
en by his illustrious father, with refpea to the
engagements made by that Monarch with the
Northern Powers, to ensure their neutrality ;
and that he will propose measures to terminate
the differences.
Late Foreign News.
Ty the Argus, arrived at New-Tori, from Boar-
A letter From Cleves, of the 16th inst. informs
that the. Prpffiah army of demarcation, destined
for Hanover, have received orders to suspend
their march until further orders from Berlin.
The quarter-master general of our army is
at Valladolid, and the plan of the campaign
concerted with Gen. St. Cyr, arrived here a
few days ago—the Princes of Peace, and of
Castle Franco will soon depart ; bu: 't is never -
thelefs certain they will not open t> campaign
before the arrival of the French r ly. The
Rear-Admiral Dumanoer, the far , who bro't
Bonaparte from Egypt is here— com hence he
will go to Cadiz. All the ’ortuguefe vcffels
are sequestrated.
THE new Ruffian Emperor has given our
Ambassador assurances, that no interr option of
the good iinderftanding which has cxifted be
tween Russia and Sweden shall take place; and
that the treaties with Sweden, as well as the
Convention of Neutrality,fhall be faithfully ob
served.,
Besides the 13 fail of the line which has fail
ed from Revel ; there is a second fquadr on at
Cronftadt, and a third at Swenfkfund, ready for
sea. This last is composed of frigates and small
vcffels.
Conferences daily take place between our
Court, and the Ruffian, Swedish and Prussian
Miulfters ; who are continually fending couriers
to their refpedive Courts.•
The English fleet, of 16 fail of the line, un
der Admiral Parker, has failed into the Baltic.
Os these, are the London, of 98 guns, the
Admiral's (hip, and those which were not en
gaged in the adion of the 2d April. Just as
the English Admiral weighed anchor, he re
ceived dispatches from London : What effed
they will have on his future operations, We have
yet to learn. We think there will not be any
blood shed in the Baltic.
Yesterday a battalion of Prussian troops took
,polTeffidn of this town. —Since then near
6000 more have puffed through with artillery,
tents, &c.
A letter from Hamburg, of April 14,
fays, "We have received from the King
of Prussia, the most positive alfurances,
that our independence and neutrality
shall not be injured. The confidence
and business of merchants has of course
revived. A reconciliation between
Britain and Russia, is expeded. We
feel pretty certain the Danes will soon
evacuate this city. Sugar, coffee, hides,
tea. and cotton are thought the best ar
ticles of importation."
The Cyrus,arrivedatNew-york from
Bourdcaux,and the Abigailat Philadel
phia fiom Bristol (Eng) have brought
papers a few days the latell ; the Paris
dates are to April 26, London to A
piil 24. [See foreign head.] The 'Milan'
intelligence of the defeat of Gen. Aber
crombie, reached Paris on tbe 22d A
pril ; but was contradicted, a few days
aftet, in the fame journals.
LEYDEN, APRIL 21.
Extract of a letter from Riga, April I.
“ The firfl effed of the death of cur Empe
ror, Paul I. has been felt by commerce. All
the absurd prohibitions and rigours imposed
by him, have ceased ; and we have just receiv
ed advices from Petersburg, that not only the
exportation of all kinds of merchandize is made
free ; but that the embargo laid upon English
vcffels in our ports, will be taken off, as
soon as the British government shall have tak
en off that imposed on Danish and Swedish
vcffels, for having formed an alliance with Rus
sia. Already orders have been sent from Peters
burg, for the return of the English seamen,
which^Paul I. had judged proper to fend into
the interior of the Northern provinces. We
understand, the importation of English mer
chandize will speedily be permitted : The ex
portation or those of Russia is, without any ex
ception,placed on the footing of the tariff of
1797. We flatter ourfelvcs, that very soon the
importation of all those articles which have
been prohibited by Paul I. will be equally free.
For the rest, the embargo on English vcffels
continues provisionally ; and the office cl liqui
dation of the English effects and credits seized,
yet exists, and is in operation at Petersburg.”
Fort George, Nieuburg, and several other
places in this electorate, have received Prussian
garrisons Gottenburg, on account of its uni
versity, has been spared.
LATEST FROM EUROPE.
deaur: Paris papers to April 26/6.
MADRID (Spain) MARCH, 31.
NEW-YORK, JUNE 2.
HAMBURG.
KONINGSBURGH, APRIL J.
COPENHAGEN, APRIL 14.
STOCKHOLM, APRIL %.
HANOVER, APRIL 16.
BREMEN, APRIL IJ.
HAGUE, APRIL 18.
LUBECK, APRIL 8.
BOSTON JUNE 11.
I By the last Mails.
I transmit to your Lordships herewith a copy
of a decree of the Vice-Admiralty court of Nas
sau, condemning the cargo of an American veffef
going from the United States to a port in the
Spanilh colonies, and the said decree having been
referred to the consideration of the King's Ad
vocate General, your Lordships will perceive
from his report, an extract of which I inclofe,
that it is his opinion that the sentence of the
vice-Admiralty court is erroneous, and founded
in a mifapprchenfon or m:fapp|ication of the
principles laid down in the decision of the high
qourt of Admiralty referred to, without attending
to the limitations therein contained.
* Tn tbe case of tbe American brigantine Leopard
Ropes, suffer, laden in part with Malaga Wines.
Tbe cargo, so far as it confined of wines, though
regularly imported into tbe United States, was con
demned by fudge Kenfal, 2CtQ Ofofor, 1800,
" tbe fame being productions of tbe Spanifo Territo
ry in Europe, and bound to tbe transatlantic parts of
that empire."
Sir, Downing-Street, April 11, 1801.
I HAVE the honor to acknowledge the re
ceipt of your letter of the 13th of laftmonth',
and to inform you, that in consequence of the
representation contained in it, a letter has been
written, by His Majesty's command, by his
grace the Duke of Portland, to the Lords Com
mifliocers of the Admiralty, a copy of which
letter I herewith inclofe to you for the informa
tion of the government of the United States.
I have the honor to be, with great truth, fir,
your most obedient humble servant, (Signed)
HAWKESBURY.
Rufus King,Efq. &c. &c.
THE decree of the vice admiralty
court of Nassau, a copy of which is an
nexed,* condemning the cargo of an
American velfel going from the United
States to a port in the Spanish Colonics,
upon the ground that the articles of in
nocent merchandize composing the
fame, though bona tide, neutral property,
were of the growth of Spain, having
been fandiorted, & the principle extend
ed by the prize courts of the other Brit
ilh islands, and particularly by the court
of Jamaica, has been deemed fufficient
authority to the commanders of the (hips
of war and privateers ernifing in those
seas, to fall upon and capture all Ameri
can vessels bound to an enemy's colony,
and having on board any article of the
growth or manufacture of a nation at
war with Great-Britain.
tn order, therefore, to put a flop to the incon
veniences arising from these erroneous Sentences
of the Vice- Admiralty courts, I have the honor
to fignify to four Lordihips the King's plcafure,
that a communication of the dodtrinc laid down
in the laid report should be immediately made
by your Lordflrips to the Several judges prefix
ing in them, setting forth what is held to be the
law upon the fubjedl by the Superior tribunals f
sos their future guidance and direction.
I am,&e. PORTLANDS
fbe Lords Commissioners of Admiralty.
L COLUMBIA, MAY 1„
THE following correspondence bet ween M.
KING and Lord HAWKESBURY is pub
lished by authority.
This fubjed is of such importance, and the
essential interests of the United States, whose
policy is that of peace, are so deeply affected by
the doctrines which, during the present war,
have been set up, in order to enlarge the rights
of belligerents at the expence of those of neutrals,
that I shall, without loss of time, submit to your
Lordship's consideration such farther reflexions
refpeXimg the fame, as its great importance ap
pears to demand.
In the mean time, as the decisions referred to
cannot, from the unavoidable delay which at
tends the prosecution of appeals, be speedily re
versed, and as the effect of those decree will con
tinue to be an unjust and ruinous interruption of
the American commerce in the Weft-India seas,
it is my duty to require that precise inftru&ions
flrail without delay, be dispatched to the proper
officers in the Weft-Indies and 'Nova-Scotia, to
corre& the abuse swhich have arisen out Cthefe
illegal decrees,and put an end to the depredations
which are wafting the lawful commerce of a
peaceable and friendly nation.
With great consideration and refpe&, I have
the honor to be, your Lordship's most obedient
and most humble servant, RUFUS KING.
Lord Hawkesbury, &c. &c.
Extras of the Advocate General's Report, dat
ed t'^ 16th March, 1801.
“ T have tbe honor to report that tbe sentence of
tbe Vice admiralty court appears to me to be errone
ous, and to be founded id a mifoppreh nfon or mih
application of the principles laid down in tbe drQ+
These captures, which are vindicated
by what is termed the belligerent's right
to distress his enemy by inter: opting the
supplies which his habits or convenience
may require, have produced the strongest
and most serious complaints among t^e
American merchants—who have seen,
with indignation, a reason aligned for
the capture and confifcation of their
property, which is totally disregarded
in the open trade carried on between the
British and Spanish colonies, by British
and Spanish fubjefts, in the very articles,
the supply of which, by neutral mer
chants, is unjustly interrupted.
The law of nations,acknowledged in the treaty
of amity, commerce and navigation between the
United States and Great-Britain allows the goods
of an enemy to be lawful prize and pronounces
those of a friend to be free.
While the United States take no meafurcs to
abridge the rights of Great-Britain, as a bellig
erent, they are bound to rt fift with firmnefs eve
ry attempt to extend them, at the expence of the
equally inconteftible rights of nations, which find
their interefl: and duty in living in peace with
the rest of the world.
My Lords,
So long as the ancient law of nations is observ
ed, which protects the innocent merchandize of
neutrals, while it abandons to the belligerent
the goods of his enemy, a plain rule exists and
may be appealed to, to decide the rights of peace
and war—the belligerent has no better authority
to curtail the rights of the neutral than the neu
tral has to do the like in regard to the rights of
the belligerent ; and it is only by an adherence
to the ancient code, and the rejection of modern
glosses, that fixed and prccifc rules can be found,
defining the rights, and regulating the duties, of
independent Rates.
[COPIES.]
Great Cumberland Place, 13th March lßot.
MY LORD,
Whitehall, 30th March, lß®l.