The Federal mirror — Concord, N.H., 1795-07-31 00:00:00, page 2

^nd so far as regards ihe fecurit, required on
granting commitiions to privateers, is a reg
-blatiou that prevailed with us in our late.
• war. :
,The zoih articled lifewife ufaal in trea
, ~ ties of Commerce. ^t^
It is said that the'ztft article is Exception
able, in the generality of the restraint of our
citizens, to v n gage in foreign service, and in
-she fevEriTy of treatment that it allows, of
persons accepting commitfions in foreign pri
vateers.
In anfiver to the fitft objedion, ma, it not
be said, that the United, States ought in an
-interested as well as in a moral view, toavoid
every cOntroverfy and war- -if when, other
nations are at war, our citizens remain at
home, are we not more likely to continue in
peace, than we fhduld be, if pufyoung men
, with refpe&able and influential connedions,
were permitted to engage as soldiers of for
tune in foreign wars—besides, if one may en
gage in 'foreign war, why not ten, if ten,
why not a tbodfand, and what becomes of
the national peace and neutrality when oaf
citizens (hall compose the battalions of the
powers at war I This restraint accords with
the principles of our laws, which are nearly
jis comprehensive in their prohibitions as the
artide in question.
The second objection to this article, is some
what broader than has been Anted—the arti
cle has been represented as agreeing that all
# our citizens who Should accept any foreign
commission, whether in a foreign army, or
navy, or iri a -foreign Privateer, Ihould be
treated as Pirates—No person who has read
the article, will suppose this objection to be
well Founded, The persons who may by this
article be treated as pirates, are only those
Who (hall accept foreign commissions, to arm
vessels to ad as Privateers against a nation at
peace with their own country.
No species of war is less reputable than pri
vateering ; none in which licentious men are
so capable of outraging humanity, or wound
ing the reputation of their country.-—Hu
- niadity, and the interest and reputation of
nations, have therefore conspired to confine
the evils of privateering within narrow limits.
Hence we find in almost all the commer
cial treaties of the present century, a provi
sion similar to that in question ; and in eve
ry treaty of commerce heretofore entered in
to by our own country, we difeover this reg
ulation—it is found in the zift article of our
treaty of commerce with France, in the 19th
article of our treaty with Holland, in the 23d>
article'of our treaty with Sweden, and in the
zoth article of our treaty with Prussia, Which
treaty, concluded by the venerable Franklin,
not only contains a provision to punish as
pirates, those who ffiuuld accept foreign com
missions to arm privateers, but establishes a
variety of other restraints in mitigation of the
• calamitids ofwar, dilated by philanthropy,
and worthyof imitation.'
The 22d article containsa rule that merits
to be adopted in the treaties of all nations—
.it agrees with the best approved law of na
tions, and cannot become the fubjed of ob
jedion.
The 23d article accords with and confirms
the exiting rules and practice of our govern
ment, in the hospitable reception ,it gives to
the public ships of war, of all nations—lt is,
However, to be understood that this regula
tion is not applicable to privateers, but only
to public national ihfy% 3# that insubordi
nation to our former treaties—the latter part
of the article may. be ufeful to our naviga
tion, and the privilege is not recollected to
have been secured in any of our other trea
ties.
The 24th and zsth articles have (it is hop
ed from mere error) been the source of much
unmerited cenfere.
The 24th article does not allow to any for
eign privateers, who have commillions from
any state at enmity with either party, to arm
their, reflate nor tp fell their prizes in Amer
ican or British ports, nor to purchase therein
<#,re provisions than (hall be necessary to go
to the nearest port of their own country—the
-objection to this article arises from a belief
that it militates with, and indeed violates the
22d article of our treaty with France—that
article engages, that we will not permitio
the enemies of France to arm their priva
teers, or to fell their prizes in our ports—but
it does not contain an affirmative stipulation,
that we will permit France herfelf toerm. her
privateers, or to fell their prizes in our ports.
We engage to Trance that tbtir tamter&aU
not arm their privateers, nor fell their prizes
in our ports=and we are free to engage to
England that for mtmiet fall not arm their
privateersnor fell their prizes in our ports—
This cenftrudion has been formally adopted
J by our government, & announced to France,
who acquiefees in it, and whofirft established
.it, by the commercial treaty file, made we
England, hrthe year 1786;>The 16th article
7 fofthat treaty, which was feverri yearsfubfe
quent to the treaty withms, exattiy corref-
Swith the 24th article olthe treaty be
elfFrance, eightyears after the date
e treaty with us, w # s at liberty, ba
•
Those who shall bare any doubt on this
fubjed, are desired to confuit Mr. Jitferfon's
letter to Mr. Morris, of August 16, 1793—
after giving the above exposition of th^ar
ticle in our Treaty with France, and remark
ing that the fame arrifleexifted in the poste
rior treaty between France and England,
Mr. Jefferfon obfoves, " that to give to
these negative stipulations an affirmative es- ™
fed, is to render them inconsistent with each
other, and with good-faith ; to give them
only their negative and natural effed, is to
reconcile them so one another, and to good
fifth, and is clearly to adopt the sense in
which France herfeif l»;s expounded them."
The 2;th article proposes federal regula
tions to be observed between us and England
in cases where one party is in peace, and the
other ar war.,—^Thefe regulations are in
themselves proper, and are only objediona
ble from an opinion that they likewKe will
violate out antecedent treaty with France.-
Did this article stand absolute, and with
out any exception of prior treaties, there
would certainly be grounds for objedions—
But the regulation that it proposes, can by
no possible conftruaion affea our treaty wi,h
France, because that treaty was made before
this treaty, (which is not yet in force) and
the articles in question exprefsl, declare that
nothing contained in the treaty ffiall be con
strued, or operate contrary to former and ex
isting public treaties with other nations ; the
treaty between us and France was a prior and
existing public treaty, consequently no stip
ulation thereof is or can be affeded by the
proposed treaty with England, but on the
contrary it is fufficiently described and ex
cepted from the operation of that treaty.—
Thus the French privateers and prizes will
continue to have a right to come into our
ports, and the English privateers and prizes,
when England Is at war with France, will
continue to be excluded from our ports. But
should England be at peace with France, and
at war with some other nation, with whom
we have no treaty similar in this reseed to
our treaty with France, then under the arti
cle in question, English privateers and prizes
would have a right to come into our ports ;
this is the fair and only interpretation of this
article: Let it be added, that in the com
mercial treaty before mentioned between
France and 'England, there is found an arti
cle exadly agreeing with this article. —If
France, after the date of her treaty with us,
was free to agree to this article, in a treaty
with England, we must be equally free in a
treaty with the fame power to agree to the
fame article. Candor will allow that each
was free, and that neither violates their for
mer engagements by assenting to the article
in question in their poflerior treaties with
England..
Thelaft clause of the 25th article, which
declares, that [neither party will permit the
Chips or goods of the other, to be taken with
in the bays, ports, or rivers of their territo
ries, or within cannon shot of the coast, like
wise corresponds with the commercial treaty
between France and England, concluded in
4786, and agrees entirely with the exposition
that our government has given to the law of
nations on this fubje&, a marine league, and
a cannon foot, being understood to be the
fame distance.
The 26th article is common in treaties of
commerce, and in substance is to be found in
our treaties with France, Holland and Swe
den-
The 27th articled a regulation that hu
manity and commerce demand to be estab
lished between all nations, since by the refu
fal of refuge to murderers and forgers, we
add security to life and property.
The 28th and lait article, is too plain to
be misunderstood, and appears to be free
from objection.
'i^to^fa^t^^^^
CT -.,-— -— _,-—— — *. :
Foreign & Domestic Intelligence.
London, May 12. The accounts from
Cotfica, as far as refpe& the filiation
of the British troops, are of the most
melancholy complexion. Out of their
final! number they have loft between
5 and 600 by sickness in the course
of a few months ; the men are fub
je& to a fever, of which they recover
apparently, but generally relapse lean
after, and the relapse is death.„
Majj6. An English drmed (h^
called the Kitty, has taken the Mari
ne French sloop of war, after an ob-
Iftinate engagement, near the river
Calabar, and-sent herintoport. Two
lieutenants and several ot the crew
were killed* onboard the enemy's
!hip.
jm^ll do^iu:
Ma, 18. The treaty of marriage
between the Prince and the Princess
of Watai, been printed, by which
¥appear: that the jourture of her r%-
al highnefi, in case of her survivorship,
ii fixed at 50,600!. peranpum; to
be paid quarterly to her royal high
oefs or affigM.
On Saturday last the Friends of
the People decided upon the plan of
Parliamentary reform, which they to
tend to propose to the public. It is
founded upon the principle of giving
heufeholders a right to vote for mem
bers of Parliament.
On Thursday last, we laid before
Our readers, the fobftance of a letter
which we had seen from Ireland, re
fpediog the state of Connaught. We
are lorry to state, that the intelligence
is in a great measure confirmed. A
gentleman who arrived in town last
night from Dublin, fta'et, tint the
,whole province of Connaught was, at
his departure, in a state of alarming
agitation ; that in the neighborhood
of E'phin, the hotffe of Mr. Mill, was
attacked by a numerous body of De
fenders, who were furprized by a par
ty of the 18th regiment of Dragoons,
who killed upwards of twenty of these
unfortunate people, and drove sixteen
of them into the river, fifteen of whom
were drowned; and that the cavalry
are so harraffed in the interior parts
of Ireland, that expreffei daily arrive
at the castle, demanding reinforce
ments.
On Saturday fennight, a body of
colliers from the Forest of Dean, near
goo in number, marched into Mon
mouth ; and after waiting on the
Mayor, informed him it was their in
tention to regulate the prices of pro
vifioni in the market. They accord
ingly went to the butter market, and
fold the whole stock of that article at
Bd, per pound. They also took pos
session of a cheese-standing, and they
disposed of that commodity at qd. a
pound. Their unexpected appearance
in the town, created a temporary a
lirm, bur as no personal violence wa
eftred to any one, the fears of the
inhabitants soon subsided ; arid after
remaining about two hours, they re
turned home, without disturbance or
moteftarion.
' ±— — —fa — —= C-— —-
tteQtettHctfotfo Bmewraw^ttsmttmfofaCTmtmtfoi
Pittsburg, july 4.
Our latest accounts from General
Wayne's Head-Quarter#, at Grenvil
le, inform us, that the Indiana were
coming from all quarters to the trea
ty, and that at a moderate computa
tion, it is supposed 5000 will attend.
The Commissioners have proceed
ed on from Fort Franklin, towards
Prefqu'ifle. All is peace and quiet
ness in that quarter.
PHILADELPHIA, JULY If
Monday morning last, the President
of the United States, his lady and fam
ily, left Philadelphia, on a journey to
Mount Vernon.&
niwyork, july ib.
Capt. Raymond, of the (loop Lion,
arrived here yesterday, in 23 days
from St. Croix, informs us, that on
the 4th of June he was lying at St.
Thomaft, when the Bririfh frigate
Alarm arrived there, and landed a
number of French prisoners ; the of
ficers of the frigate informed Captain
Raymond, that they were part of the
crew of the French armed ship Liber
ty, mounting 22 guns ; that they had
fell io wither i^ the night of the
30th May, in fail rock gaffe, to the
leeward of St. Thomas'#, when the
Liberty fifed a broadside into the A
larm, which was immediately return
ed ; in a few minutes after the Lib
erty funk./ The most of the crew
were saved.
Islß. Intelligence,om St. Vin
cent#, at late a the ift itiftant. wm
reived vtefterdiv bv the arrival of
rcceivcu
Capt. Herd, of the bri&fofo.. Th'e'
fixation of that ifhad remains in a „
degree of tranquility, no actions, ofsl
late, having taken place between the ■
regulars arid - the wooded charab;—
I; is generally supposed that they will
either fooa leave their prefers places
of abode, or yield to starvation. Hun
ger may induce a vigorous attack up- - A
on the <roGpi=Hunger may occasion 1
them to supplicate for a pardon—the
latter however is most probable, at
hue tew of them have arms. Their
numbers are not known—some think J]
they consist of between 3 and 4000,
Now and then some draggling indi-1
viduals are brought in by the military
by whom others are fomerimes shot,
when out on their plundering excur- ,
fions, while making (wife way before
their puffuer#.—While CapG Hurd
was there, about 50, who had facrific
ed their allegiance to the king, were
publickly shot, Others were io jail, J
who would (hare the feme fate.
Just before Capr. Hurd failed, he
read in one of the Gazettes, an ac-|
count of the capture of two Engliih
crißfporti, with 700 British troops on■
board, by two French frigates. They I
had parted from a convoy from Eng- 4
land, bound to the Weftindiei. The|
number, force of the convoy, ot uo- ■
der whole command, he did not learn
—The captured transports were sent
to St. Martins, where, Capt. Hurd
fays he was informed, they had arriv
ed, and the troops difembarked.4
BOSTON, JULY 22.
At Hispaniola, the Yellow Fever
rages, particularly at St. Marks, where
40 or 50 were buried each day ; and
of 900 troops not 200 were in health. '' I
FORINTI
The latest accounts from Europe,
are to the loth June. To the 6th,l
lettera from France, and papers from
England, have been received : The
former mention, that the scarcity of ^
provifioni,which had distressed France,l
was lessened ; and that the profped# I
of an abundant harvest, and the earlyl
cultivation of vegetables, had greatly —1
lowered the price of grain : That the 1
reports of a general Peace were many,
but continually fluctuating ; and it a
judgment can be formed from the V 1
preparations made, the War u yet
long to continue. No brilliant mili
tary events, by sea or land, have oc
curred.
.The Weftindies Bill continue the,
hot-bed of calamities. What disease ° -
spares, war destroys : The following I
accounts from that quarter, may be
' deemed accurate :
DOMINICA, ,
The following, received by Capt;
Erving, from Mariegahnte, on Mon
day, gives the particulars of that bu-5
finek, with the fate of the troops land-,
June 6. The French landed withA
200 troops, on the windward fide ofl
Dominica ; they marched to a (mail fl
Fort, shot the centty, and then, ow
ing to a report that a large body of4
English troop were marching to in
tercept their retreat, precipitately fledJ
to their boats, and returned to Marie-1
galante, leaving three of their princi- 1
pal officers at Dominique ; who, how-,1
ever, dealing a boat, got back the /I
next day. ^|
Jun e 7. The fame troops were
feat again to Dominique ; and ordered ^ 1
given to the boats which carried them „ I
over, to leave the Island as fooh as |
theft had landed, this w. fol.J
mo#.' Three hundred other (|
Reach rep arrived at Mariegat
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