The United States oracle of the day — Portsmouth, N.H., 1801-05-09 00:00:00, page 2

law of nations. Neutral property has
I ever been restored when found in the
ships, and vice versa, enemy's property
has been universally condemned when
in the Ihipsof neutrals. ' Grotius in his
3d book, page 470, fays, " That, that
which is comment, said, that goods found
in the ships of our enemies are adjudg
ed to be the enemy's goods, and conse
quently are lawful prize, is not so to
be understood, as if it were a certain
law, made by the right of nations, but
because it gives occasion to a very great
presumption that they are so, which
notwithstanding by very great and
pregnant proofs to the contrary may #
be dashed or destroyed.
- " And so it was long since adjudg
ed in Holland in a very full Senate
during the war with the Hanfe Towns
in the year 1338, and from thence hath
paff<d into a law. Neither are the
flips of our confederates forfeited,
though the goods in them be an ene
my's, unless it be so argued with the
consent of the matters of the ffiip.—
And so are the laws of France, as I
fappofe to be understood, which ad-'
judge the goods lawful prize if the
goods be so.—But otherwise, the goods
only are prize, but not the fhips+So
In the war between the Genebfe and
the Venetians, the fbips of the Grecians
being searched, those enemies that lay
hid in them were taken and made pri-
I ners."
These are all the passages, which, I
think, are applicable to the question in
MR. RUSSELL,
/fa 7 E h ^ e already seen, that an en-
VV lightened and virtuous French
writer entertained opinions directly, op
posite to the principles advanced by the
Northern Confederacy ; —-and he does nbt
date them merely as his Own sentiments
but as the acknowledged maxims of
the Law of Nations.
We will now proceed to examine
'the writings of other eminent civilians
on thisirtterefting topic, which threatens
to set the European world in flames.
Hugo Grotius was diftinguiffied in
the early part of the last century as
• one of the most judicious and eminent
expounders of the law of nations. His
book, which is a general commentary
on natural law, and more especially on
the laws of war,has received the reward
which is only granted to those great
and valuable works, which add to the
ftockof human science. It has survived
those ravages of time, which have de
flroyed thousands of ephemeral produc
tions, and it is received with refped
and read with attention even at the com
mencement of the enlightened i 9th cen
tury. Commerce however, in the time of
Grotius, was of small account com
pared to its present important and flour
ifhing state. He does not therefore
dwell so minutely as Vattel, upon
the fubjed of maritime captures ; —
but the principles laid down by Gro
tius, are founded in nature, in the
state and condition of civil society, are
immutable, and will apply by analogy,
to the queftibns which are nowagitated.
Speaking of neuters, page 533 of the
English edition, he fays, “ That is the
duty of those who are not concerned in
the war, to do nothing whereby he
thatfoments an ill cause may be strength
ened, or he that moves in a good cause
may be Weakened ; —but where the
cause is doubtful,to show themfelvese^ua/-
fy civil to both parties." —And Proco
fiovs reckons him to be an enemy who
supplies the army of an enemy with
things appertaining properly to war.
Queen Elizabeth tells the Hanfe Town's
who complained of her seizing some
bulks carrying warlike provisions into
Spain, who had then open war with Eng
land, " That the rights of neutrality is
in such fort to be used, that while we
help the one we hurt not the other—and
he cites a passage from fuflinian, “ He
is a friend and companion, who though
he is not ready tofgbt, yet readily and
openly supplies us with all things pro
per for war." M. Acilius, a Roman,
tells the Epiots, who were accused of
Applying his enemy with money only, that
he knew not whether he should rank
them among neuters or enemies ; —and
L. Emilias the Pr&tor reproved the
Teji, because they had vihualled the
'enemy's fleet and promised them wine."
And he concludes this passage with a
laconic epistle admirably adopted to the
situation of America in this very pro
fitable moment of neutrality. Arebi
damus, King of Sparter, who perceived
the Elians inclining to take part with
the Arcadians, wrote an epistle to them
in these words only —" It is good to be
quiet.' Should Mons. Pichon urge
Mr. Jefferson, \vhofc friends are al
ready so inclined to take part in the
contest on the fide of France, we hope he
will recollect that “ It is good to be
quiet."
If as these modern expounders ®f the
law of nations contend, the neutral
flag gives a character and protection
to the cargo which it covers, then it
would follow by parity of rcafon, that
a belligerent flag, would fubje& neutral
property under its protection to con
demnation if taken by an enemy of the
power to whom the flag belonged.—
But this is not and never has been the
From tie CENTTNEL.
The Principles of the Northern Cox
fedtracy Examined.
MISCELLANY.
reported, that a negotiation hetWeen England &
France will be opened in due form,& that when
the preliminaries are fettled, Lord St, Helens
will go to Paris, as the British Minister Pleni
potentiary. Many circumstances jollify this o
pinion. It is likewise slightly reported, that
Bonaparte refufes to treat, except with his new
allies. r
PARIS, MARCH 1,.
Peace shall be published in Paris bn
the 'next Decadi, and in, the Depart
ments as soon as the Proclamation is
known there; and it shall be made
known through the Prefers & Meyers.
At night, the Palace and the Gar
dens of the Republic shall be illumi
nated, and a concert shall be giftn in
the Gardens. The whole city shall be
illuminated. The day shall be celebra
ted by discharges of artillery every 3
hours ; and the Feast of Peace shall be
celebrated by the 14th of July next.
Armfie between the French Republic and bu Ma
jefly the King of the fnvo Sicilies.
Impressed With the sentiments bf mo
deration and generosity manifefled by
the French Government, as well as with
the assurances of kindness displayed by
the Emperor of all the Ruffias with re
fped to the Court of Naples, and de
sirous of putting an end to the calami
ties of war between France and his Si
cilian Majesty, by contributing on their
part to the conclusion of a general
Peace :
General Murat, Commander in chief
a considerable flirt—That the King
had entirely recovered from his late
indffpofition, and was indulging in his
usual recreations—-and, That provisions
were on the decline. MARCH 28.
Answers to Mr. Otto's lad dispatches have
been brought with uncommon expedition. It is
LONDON, MARCH 20.
IT appears, that Lord St. Helen had
gone to Faris to negotiate for aPeace
—and that a minister from Paris was
about to embark fog, England—
That the British Government has
revoked their late order for capturing
the French Filhing vessels. This event
was officially announced by Lord
Hawfkefbury (present Secretary of
State for Foreign affairs) to Mr. Otto
commissary on behalf of the French
prisoners—That Lord Nelson left Yar
mouth Roads on the fith, on an expe
dition up the Baltic, nd was spoke on
the 15th at the entrance of the Catte
gat —That it was the most prevalent
opinion at Lloyd's that a general peace
would speedily take place. In conse
quence of this belief, docks had taken
Grotius, and from this laA paiTage I
think some very ufeful reflections might
be drawn. Frapcfehas declared her
felf the champion of the freedom of the
feas.=ln her public memorials and
Hate papers ihe has proclaimed herfelf
the vindicator of the violated right of
neutral commerce.—She has denounc
ed Great-Britain as the grand tyrant
of the ocean, the great highway of na
tions. By this plausible anxiety for
the rights of other independent nations,
by a profeffion of disinterestedness, by
intrigue,and puffibly by gold or threats,
the has induced the northern nations
to associate in order to make a new law
' of nations ; —and the and they have
the effrontery to call it the liberty of the
sea.
The Aurora and the Chronicle, have
both trumpeted the magnanimity of
the motives, and the corrednefs of the
principles by which France and the co
alition are actuated in this procedure.
From these Heps we are led to appre
hend that they are paving the way to
the easy introduction of the fame erro
neous principles into the policy of this
country. Now let us observe is to the
magnanimity of the motives. That
France has no other view, in exciting
the present coalition; than to humble,
weaken and depress a formidable and
hated rival, and to supply herfelf and
reinstate her commerce through the
medium of neutrals. If the project
succeeds, her objects are attained with
out expence or rifque to her.—ls it
fails, the neutrals pay the reckoning.
As to the corre&nefs of the princi
ple—lt seems by the passage of Gro
tius just cited, that 200 years ago, the
flag condemned the property, and the
property also condemned the flag. It
appears that by an ordinance of
France, they not only condemned.ene
my's property in neutral ships, but
condemned the ship because it covered
the property of enemies.
Such was then the policy of this vin
dicatrix of the rights of neutral nations
—But Grotius even in those rude days
when commerce was fotrifling, is Lock
ed at the rigour of this French ordon
nance and with some sophistry contends,
,that it must be understood that the
goods will be condemned but the ship
cleared. All nations modernly adhere
to this last conftrudtion, they do more,
they pay freight to the neutral master
when they condemn the hostile cargo.
Well.—Has France relaxed from her
former rigour ?No Though by our
treaty of 1778, fie stipulated, that fce
bottoms should make free goods, yet be it
known to her eternal shame, that in the
firftyear of the war before any difficul
ties arose, she violated this principle and
has continued to despise it. More of
this fubjed t hereafter.
A FRIEND TO COMMERCE.
Late foreign News,
AT SEVERAL RECENT ARRIVALS.,
Some Pacific Symptoms.
. ACTS of the GOVERNMENT.
^PROCLAMATION.
The Cartfuls of the Republic to the French!
FRENCHMEN,
" A glorious peace has terminated
the war of the Continent. Your fron
tiers are extended to the limits aligned
to them by nature. People for a long
time separated from you, again join
their brethren and augment your popu
lation, your territory, and your force
in the proportion of one sixth.
" You are indebted for these successes
to the courage of our warriors, to their
patience in enduring fatigue, to their
passion for glory, and to their care of
liberty and of their country, but you
are also indebted to them for the fortu
nate return of harmony, and to that
lunion of sentiments and interest which
have more than once preferred France
from ruin.
" While you remained united, your
enemies did not hope to vanquish you;
they hoped you would be conquered
by yourselves, & that the power which
had triumphed over their efforts would
perilh amid the convulsions of discord
and of anarchy.
“ Their hopes have been disappoint
ed. " May such hopes never rife again !
Be eternally united by the remem
brance of your domestic misfortunes,
and by the conviction of your greatness
and force. Dread to debase by servile
pailions a reputation which so many
"exploits have consecrated to glory andi
to immortality.
66 Let a generous emulation renderl
our arts and our,induftry productive ; ,
let ufeful labour embellish that France,
which people of all nations (ball no
longer name but with refpecl arid ad
miration, and let* the foreigner find[
once more among you thole amiable
virtues & endearing hospitalities which
charaderife your ancestors !
“ Let every profeffion rife in propor
tion to the dignity of the French name,
and let commerce, in restoring its re
lations with the other nations, observe
that fidelity which fixes confidence and
assists fortune, but upon a fyffem the
influence & pertpanence of which may
be guaranteed by mutual esteem and
intcreft ! ^•
" Thus our commerce shall resume
the rank to which it is entitled—thus
the ties which attach to our cause the
enlightened people of the Continent,
shall be (Lengthened— thus even that
Nation which is still armed against
France, shall abjure its exorbitant pre
tensions, and be , fenfire that no true
happiness, with 'refpe& to nations as
well as individuals, can be found but
in the prosperity of all.
“ &%zrfc, First Consul of the Re
public, orders the above Proclamation
to be inserted in the bulletin of the laws,
and published, printed, arid affixed inl
all the Departments of the Republic.|
. « Tbe Firji Cog<
(Signed) BUON^ARTE." j
, !
War between Spain Portugal.
Article d. The Armistice fhalk*ake
place between the armies of his Sicilian
Majesty and those of the French Re
public by land and by sea.
All the captures made within ten
days from the signing of the present
Treaty, (hall be reciprocally restored.
2. The Neapolitan army fhail evacu
ate the States of the Church, and com
mence its march from the present date,
so as to quit altogether the Ecclesiasti
cal Territory within ten days.
3. The French army fhail keep its
present positions.
4. All the ports of the Kingdoms of
Naples and Sicily shall be Ihut against
all vessels of war or trade whether En
glish or Turkifh,until a definitive Trea
ty of Peace between France and those
two Powers ; and the ships which be
long to them fliall depart from the said
ports within 24 hours from the signing
of the present Treaty, after due notice.
5. The French ships of war & mer
chant vetfels, and those of their allies,
, ST. SEBASTIAN, MARCH 3, 1801.
The Commandant General of the Province of Gul
pofaafe the Commander Dufour, of the Utb
Military divijion.
MONSIEUR LB GENERAL,.
" I have received this instant from
my Court, and by an extraordinary
courier, a Decree of the King, of which
I have the honor to transmit to you a
literal copy. .
“ After a long negociation with the
Court of Portugal, in order to incline
I'he subsequent articles relate to the
liberty given by the French Republic
to the Neapolitan velfels to enter all
French ports to the prohibition of the
exportation of all kinds of Grain and
Ammunition in favour of the English,
particularly for the island ofMalta, un
til the conclulion of a general Peace, &
to the release from Prison of Citizen
Dolemieu and the Generals Dumas &
Monfecoul, taken on their return from
Egfpt, as well as to that of the Neapo
litan prisoners.
The Armistice is dated Head-Quar
ters, Toligno, February 18, and signed
by General Count DE DAMAS,
'The Chevalier MICHEROUX.
MURAT, the Commander in Chief.
shall enjoy in the ports of the Two
Sicilies, the privileges granted to the
most favored nations.
of the army of Qbiqvation, and M.
the Chevalier- Micberoux, content to an
armistice on the following conditions :
^Atlairs in the North.
LONDON, MARCH 23.
A letter from Peterfburgh, dated the
gth of February, contains the follow
ing Official Note :
'• His Majesty the Emperor of all the
Ruffias, being desirous of giving to his
faithful Allies a frefli proof of the zeal
with which he is animated for the suc
cess of the Maritir c confederacy of the
North, and wiring to prevent the En
glish from pro curing, by means of other
nations, any articles neceflary for the
equipment of th Jr marine at a moment
in which all difeft commerce with Rus
sia is prohibited, has judged it expedi
ent to forbid all exportation of such ar
ticles from the ports of Russia. This
refolutibn, which flews that His Im
perial Majesty does not hesitate to fac
rifice the interest of his Empire to the
cause inh which lie is embarked, has
been nefr^d by an official declaration
it to rnake peace with the French Re
public, under the mediation of his
Spanish Majesty, the King has found
himfelt under tlie painful necessity of
declaring war against that Court; to
which he is allied by the precious ties
of blood and affection.
“This resolution has been perempto
rily made necessary by the obstinate re
finance of the Portuguese Government
to the advantageous Peace which was
offered with France, to which the form
er Government, had promised to agree
on different occasions, and this in con
tempt of the powerful intervention of
the King of Spain, and of the complete
vengeance of France, which must have
been inflifted, but for the interference
of his Spanish Majesty.
" One of the causes which have pro
voked this determination of the King,
is his paternal solicitude in favour of
his fubje&s, who have experienced eve
ry kind and fort of injustice and vio
lence on the part of the Portuguese
Tribunals, and from the Portuguese
themlelves, by whom they have been
, incited in their several homes.
" The property of Spaniards has not
been refpe&ed, either on the coasts or
in the harbours of Portugal, and the
usurpations which the English had con
menced, were completed by the judg
ments of the Portuguese admiralty
The fame Tribunals reftered to the
English the prizes lawfully made by
our oruifers.
• '•lt is notorious the Portuguese ves
sels have made part of the squadrons
of the enemy, and also that the alliance
between Portugal and England is one
of the principal means which facilitate
the hostilities of the latter Power.
“ With so many motives, and after
having vainly exercised his paternal af
fe^ion under every circUmftance, and
during the long space of four years,
the King has deemed it necessary to
make use of just reprisals, and to de
clare war against the Court of Portu
gal, by attacking it in conjunction with
France.—His Majesty therefore orders
that all communication with the King
dom of Portugal shall cease—that the
present decree shall be published thro'-
out his dominions—and that his fub
jeds shall affirme defenfive measures for
themselves, offenfive against the Portu
guese.
" I hasten to transmit to you this
news, because it will be found highly
interesting to both Nations in its pub
licity and operation.
(Signed) “ Antocine Amar."
MARCH 25.
Lad night we received by express the Paris
papers to the zoth inst. exclusive; the burden
of their contents is the ratification of the peace
by the Germanic Diet of Ratlfbon, against a
minority of 23 votes. Several of the secular
Princes, it is faid,adhered to the Prussian reserve,
and among the rest Bavaria ; but all the eccle
fia&cs voted with the Elcdor of Cologne.
From another source.
The Diet of Ratifbon has ratified the treaty
of peace concluded at Luneville by the Empe
ror, in the name of the Germanic Empire
The King of Prussia, as one of the States of the
Empire, also, agrees to it, upon condition, how- 4
ever, that, as it was concluded by his Imperial
Majesty, without full powers from the Empire,
it shall neither be prejudicial to the general
rights of the Empire, or of his particular States.
His Prussian majesty also reserves the right of
co-operating in the rcfults of the peace, with re
gard,to the Constitution and internal regulations
of the Empire, as well as in all ulterior conven
tions and arrangements. Several of the Princes,
among them is the Elector of Bavaria, adhere
to the reservation of Prussia.
We have already Rated that mr. Otto had
sent off dispatches to Bonaparte on Saturday
night last f They were forwarded from Dover
on Monday morning,and Reached Paris of Tuef
day night. Bonaparte returned an answer on
Wednesday, which arrived at Calais on Thurs
day morning, from whence it was instantly con
veyed to Dover in a flag of Truce, and reached
London about midnight. We cap affuro our
readers the contents of this answer have not
transpired ; so that we can only state the report
which was current this morning, in the bed in
formed political circles, which is,that a negociation
on the fubje& of Peace will be opened in due
form ; and that as soon as the preliminaries are
fettled, Lord St. Helens is to repair to Paris as
our minister on that occasion; perhaps it is un
necessary to add, that the private and public
character of this Nobleman Rands extremely
high on the continent.
MARCH 2%
An Armistice has at length been concluded
between the French atid the King of Naples,
under the mediation of the Emperor of Russia.
The firft effe& of this Convention, was to order
the departure of all the Engldh (hipping in all
the ports of his Sicilian majefty,and to order that
no English vessels ffiall in future have access to
them. The fame order extends to Turkish (hips.
The Englilh merchants at Naples have requeu
ed purports to return home.
march 28, 2 o'clock.
PEACE with GERMANY.
MARCH 27.
We yesterday announced the melan
choly intelligence of the kfs of his Ma
jesty's ship Invincible, which failed
from Yarmouth on Monday hft to join
the North sea fleet. The following are
some farther particulars rcfpedlng that
lamentable catastrophe.
The Invincible frft struck upon the
Fatal bank, between 2 and 3 in the af
ternoon. In this situation she remain
ed near 3 hours, when the mizen main
mast went by the board, and the main
mast was immediately after cut away.
The ship to the infinite joy of the crew
then dropped from about 3! into 17
fathom water, when unfortunately los
ing her rudder the soon became un
manageable and was again driven up
on the bank. A fifhing smack now
approached the wreck ; on which two
boats belonging to the Invincible were
ordered out. On board one of these,
the admiral, the purser, 4 midshipmen,
3 of the admiral's servants, and 6 or 8
seamen, reaching the fifhing smack in(
fafety, hs did also the other boat full of
people. Both of them immediately
returned to the ship, but on re-ap
proaching the smack, one was forced
away, and every person would inevita
bly have perished had not a collier which
happened to be palling at this critical
moment, happily picked them all up—
This vessel afterwards afforded every
afliftance that humanity urged, or that
she was capable of giving, and was the
•means of saving the lives of many of
- crew. The fifhing smack, with the
Admiral on board, being unable to af
ford the Icaft afliftance to the ship, re
mained at anchor during the whole of
Monday night. On the approach of
day the matter of this vessel expressed * <
an unwillingness to go any nearer the
wreck ; but admiral Totty, in direct
opposition to him, caused the cable to,
be cut, and immediately proceeded to
the ship. Melancholy however, to re
late, while he was doing every thing
of which human exertion is capable to
assist the unhappy people on board, the
wreck once more got into deep water,-
&^te ! tf sm &&te^^* M *^^^** F ^^
O to
GREAT LOSS!
LONDON, MARCH 10.
The Invincible, of 74 guns, which failed from'
Yarmouth on Monday, to join the North Sea
fleet, got on a bank by the ignorance of the pi
lot, where her bottom was so injured, that on
passing off, she foundered. There were only
boats present fufficient to five 150 of her crew,
many were of necessity beaten off, in attempt
ing to get on board. 43 persons perished, in
cluding all the officers except Admiral Totty,
the Purser, Lts. Tucker and Qiafh, and four
midshipmen.
LONDON, MARCH 2%
The report so generally credited last
week that the expedition to Egypt was /
about to be abandoned, and the troops
were about to return, is difeountenanced
by Ministers. On the contrary it was
Rated that, by accounts so late as the
s th of February, General Abercrombie
was preparing to carry the attempt in
to execution,that he had communicated
with the Grand Vizier who had 1 S,ooo
men under his command, which, tho'
bad troops, would diftraft the attention
of the ,emy, and prevent them from
concentrating their forces. Great hopes
it is said, were entertained by the arm
of success, as the French Were repre
sented to be very eager to return home.
This account agrees with that received
by the Princefa, Lee, arrived from
Smyrna. The particulars' of the intel
ligence by this vessel will be found j'a
another part of this paper.
London, march 24.
His Majesty's ship Mercury, in the Mediter
ranean, has fallen in with 20 fail of merchant
men, laden with wine and brandy, from Cette,
bound to Toulon,of which 25 were made prizes.
The fame ship also fell in with and captured a
French corvette, laden with arms and ammuni
tion, out one day from Toulon, defined for the
army of Egypt, All the prizes have been car
ried into Minorca.
—, , , London, MARCH 1,.
~ from Nan!z ? that another fquadros
t c „ "° f the hne ' and ei k ht frigates have
'^ B '^ ; thc °" ps fu " of tr °°Pt Supposed
to be defined to the East-Indies."
Our government has received information,
that a squadron of seven fail of the line iyeady
at Brest, to fail on an expedition.
The Danish Government had early informa
tion of the failing of the English fleet for the
Sound.
It is said the Regent of Portugal has offered
to put thc Brazils into the hands of the English,
while he contends with France and Spain.
An English sloop of war has captured a ship
under Ruffian colors from Alexandria
The Swedish Minister has demanded a paff
pdrt, and is about to quit London abruptly.
Without taking leave of his Majesty.
to the Sucb;m Amuatrador,and utiu
to the Minivers of P: uffia&DenriSk."
The French armies have evacuated the Ger
man Empire.
J™ Au&rian Army is recruiting the beav,
losses it has sustained during the war;
Admiral Gravina has succeeded Maffaredo,
in the command of the Spanish fleet at Brest.
A new plot against Menou' slife, has been
difeovered at Cairo.
03° Affairs of Portugal
, Condon, March
Portugal refufes compliance with the '
defrauds of Bonaparte. [20,000,000 livres, part
of the Brazils, Cutting her ports to Britiffi vcf
fcls, and putting certain strong hold, into hit
hands.] In confluence, the French ar.d Span
iards have agreed to conquer that Kingdom •—
"*° revert to S P ain - ^ return, Soain
yields to France, Biscay and Catalonia, in Old
Spain ; and two ports in the Brazils,
Lcdc already ,übli,ed official accounts of tbe decla.
ration of war again, Portugal, by Spain.)
VALUABLE PRIZES.
O' Naval Matters.