The Federal mirror — Concord, N.H., 1795-07-31 00:00:00, page 1

THE TREATY.
[ l*' Mr. JEFFERSON'S LETTER, mentioned
r in Art. VII of the Treaty.
sir, Philadelphia, Sept, §, 1793.
lAmI Am honored with yours of August
go.— Mine of the 7th of that
' month assured you that meafurei were
taking for excluding from all further
m - affylum in our ports, veffel# armed in
■ I them to cruise on nations with which
we are at peace, and for the reftora-
R tion of the prizes the Lovely Lass,
■ 1 Prince William Henry, and the Jane
L of Dublin ; and that should the mea-
Ilures for restitution fail in their effed,
■ ' the President considered it as incuna
, bent on the United States to make
compensation for the vessels.
r Weare bound by our treaties with
b three of the belligerent nations, by all
■ the means in our power to protest &
defend their vessels and effeds in our
& ' ports, or waters, or on the teas near
■ our shores, and to recover and restore
I the fame to the right owners when
1 I taken from them. If all the means
L in our power are ofed, and fail in their
r effeft, we are not bound by our trea
ties with those nations to make com-
I„ penfation.
Though we have no similar treaty
with Greatbritain, it was the opinion
.of the President, that we should use
towards that nation the fame rule,
.which, under this article, was to gov-
I era us with the other nations ; and
even to extend it to captures made on
I Mhe high seas, and brought into our
L ports ;if done by vessels which have
, been armed within them.
I Having, for particular reasons, for
■ # bore to use all the means in our pow-
I er for the restitution of the three vef
■ fels mentioned in my letter of August
L 7th, the President thought it incum
,V' bent on the United States to make
compensation for them ; and though
,nothing was laid in that letter of oth-
Jer vessels taken under like circumstan
ces and brought in after the sth of
June, and before the date of that let
ter, yet when the fame forbearance
had taken place, it was and it is his
opinion, that compensation would be
equally due.
l As to prizes made under the fame
4 circumstances, and brought in after
the date of that letter, the President
determined, that all the means in our
1 power should be used for their reftitu
,, tion. If these fail, as we should not
be bound by our treaties to make
A compensation to the other powers in
the analogous case, he did not mean
I to give an opinion that it ought to
be done to Greatbritain. But still if
1 any cases should arise subsequent to
that date, the circumstances of which
A shall place them on similar ground
rwith those before it, the President
[ would think compensation equally in
cumbent on the United States.
I, Inftruftions are given to the gov
ernors of the different states, to use
all the means in their power for re
frftoring prizes of this left description
' found within their ports. Though
they will of course take measures to
be informed of them, and the general
h government has given them the aid
b of the customhouse officers for this
'purpofe, yet you will be sensible of
the importance of multiplying the
channels of their information as far as
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NEWHAMPSHIRE PRINTED AND PUBLISHED BY RUSSELL AND DAVIS, AT CONCORD.
shall depend on yourfelf, or any oth
er person under your direction, in or
der that the governors may use the
means in their power for making res
titution.
Without knowledge of the capture
they cannot restore it. It will always
be best to give the notice to them
diredly ; but any information which
you shall be pleased to fend to me
also at any time, shall be forwarded
to them as quickly as distance will
permit.
Hence you will perceive, Sir, that
the President contemplates restitution
or compensation in the cases before
the 7th August ; and after that date,
restitution if it can be effeded by any
means in our power. And that it
will be important that you should
substantiate the fad, that such prizes
are in our ports or waters.
Your lift of the privateers illicitly
armed in our porta is, I believe, cor
red..
With refped to loffesby detention,
waste, fpoilation sustained by vessels
taken as before mentioned between
the dates of June sth and August 7th,
it is proposed as a provisional measure,
that the Collector of the customs of
the diftrift, and the British Consul, or'
any other person you please, shall ap
point persons to establish the value of
the vessel and cargo, at the time of
her capture and of her arrival in the?
port in which she is brought accord
ing to their value in that port If
this shall be agreeable to you, and you
will be pleased to lignify it to me,
with the names of the prizes under
stood to be of this description, instruc
tions will be given accordingly to the
collector of the customs where the
refpeaive vessels are.
I have the honor to be, &c.
(Signed)
THOMAS JEFFERSON.
Geo. Hammond, Esq.
Os the TREATY.
AMERICANS! read, consider, and
DETERMINE.
g" You have read the TREATY agreed on be
tween the United States and Greatbritain, „
that long-tried and eminent patriot, Mr. JAY—
ratified by TWENTY Senators, chosen b, the
Riprejentatives of the People; and, no doubt,
Jigned b, your beloved President WASHANG
TON. Having read it, and the objeaione to
it ; you will now read an effa, in defence of it,
with jour usual candour and good fenje.
FROM THE (NEWYORK) MINERVA.
Candid Remarks on tbe Treaty,
OF AMITY AND COMMERCE,
Between GREATBRITAIN and the UNITED
STATES of AMERICA.
rr was not to be expeded that the Treaty
with England would escape censure—the
'fpirit of party has too long infested our pub
lic affairs, not to shew itfelf on this occasion
—to those who are animated by a pure and
exclusive love of our country, truth will be,
acceptable—with a view of meeting certain
errors which are propagated with some zeal,
the following remarks are offered to the
publicz^'• ^ ^^
It is said that we are obliged by the 7th
Article of the treaty, to pay for all the vessels
;and cargoes captured within the limits of our
territory, or by vessels originally armed i&
onr ports—this is iucorrea—the 7th article
in this refped, only fulfils an engagement
entered into by Mr. Jefferfon, in behalf of
cur government, and promises indemnifica
tion, firft far captures within our limits,
which we might have prevented, but which
for particular reasons we forebote to prevent;
CONCO R D,
FRIDAY? July 31, 1795.
and secondly, for captures made by vessels
originally armed in our ports, which vessels
we might have prevented from arming, but
for particular reasons did not prevent ; and
for greater certainty the letter of Mr. Jeffer
fon is annexed to the treaty, and thews that
we are not bound to pay for captures by ves
sels originally armed in our ports against our
will, or clandestinely, unless such captures
afterwards came into our ports, and knowing
the fame, we failed to restore them—nor to
pay for captures made within our territory,
unless having the power to prevent or to re
store such captures, we torebore to do so.•
The article, in this refped, accords with
the law of nations, as well as with the obli
gation arising from several of our treaties
with other powers.
It is said that the 9th article abolishes ali
enifm in the tenure of lands, and that all
British fubjeds may hereafter purchase, and
hold lands within the United States—this is
also incorred.
The treaty of peace with England, declar
ed, that there should be no further confifca
tions—feveral of the states did not confifcate
the lands of real British fubjeds ; such char
aders have held, and continue to holdlands
in several of the states ; and so on the other
hand, some few American citizens held and
continue to hold lands in England ; the 9th
article of the treaty before us, declares that
British fubjeas who now (that is when the
treaty was signed) hold lands withiri the U
nited States, and American citizens who now
hold lands in the dominions of his Majeft'y,
shall continue to hold them, according to the
nature arid tenure of their refpeaive estates
and titles therein, and may. grant; fell, or de
• vise the fame, as natives, and shall not so far
as regards the said lands (that is only to those
held at the signature of the treaty)' ^regard
ed as aliens—in our treaty with France, by
the 9th and lith articles, we have agreed to
.an abfolutG abolition of Alienifm, in refpea
to holding of Itfnds; so that a Frenchman
may purchase, take, hold, and convey lands
within the United States, as an American
citizen ; the treaty with England does not go
this length, but only establishes an equita
ble regulation concerning those, who now
hold lands in the two countries ; it is ex
pressly confined to the lands held by British
fubjeas at the signature of the treaty.
The firft ten articles of the treaty are per
manent, and principally regard the settle
ment of dispute and controversies between
the two countries—the subsequent articles
which are relative to commerce, are tempo
rary, and we have the power to difeontinue
all of them at the expiration of two years
from the signing of the preliminary articles
of Peace between France and England —*.v
these commercial articles are an experiment
—they may be found more or less advanta
geous than we now confider them, and at a
period very near, we shall again bring them
into difeuffion, and in case the two countries
shall not then agree, they all fall of courfe—
in the interim, and during their continuance,
we may exped that security in our naviga
tion and commerce, which a system of con
ciliation and frjendfhip between the two
countries is likely to produce.
The nth article, is merely introduftory
of those which follow.
The a& of the Senate, consents to the
treaty, and advises the President to ratify the
fame, on condition that the operations of so
much of the 12th article as refpeds the trade
between the United States and the British
Weftindies, be suspended with a view of a
further negociation on that fubjed.
The 12th article therefore will not go into
operation, and unless its suspension shall be
agreed to by England, the whole treaty falls.
The 13th article secures important com
mercial rights to our citizens, in their navi
gation and trade with the British Eaftindies.
It should be remembered, that the trade
heretofore carried on by us, with the British
territories in the Eaftindies, has been by the
mere permission of the British local Govern
ment there ; was therefore precarious, be
ing liable to interruption, whenever that
government should choose to restrain or pro
hibit it— But it is said that we are retrained
by this article, from exporting from the U
nited States, the goods we bring from the
British territories in the Eaftindies, this is
wholly erroneous. .
The conditions on which England gives us
a right to participate in her Eaftindia trade,
are, that we shall not partake in the coasting
trade from one British port in India to an
other British port, and that we shall bring the
goods we purchase or take on freight, in the
British Eaftindia territory, to force port in
America—but there is nothing in this arti
cle; nor in any part of the treaty which will
prevent our re-exportation afany such goods
to Europe, or to any other country, where
we may find it our interest to fend there.
To those who view the third article ot the
treaty in its proper light, which allowed re,
carry by the interior into Canaca, New
Brunswick, and Nov.fcotia, Jifi? ic goo'%
on the fame duties as are paid by British fob
je&s ; to those who are acquainted with the
distribution without the United States of
goods imported by our citizens from Alia, to
those who are informed that large capitals
accumulated in tbe British territories in the
Eaftindies, are conftaptty Peeking a removal
to America or Europe, it will not be necefTa
ry to fay, that this article is truly valuable to
our country. Its merits may also be tested
by comparing it with our other treaties :—
And in this view it is pertinent to observe,
that France gave us no right in her treaty of
commerce, to resort to, and trade with her
territories in the Eaftindies.
The 14th and 15th articles, pursue in sub
stance, the system exhibited in all our com
mercial treaties, that is to fay, the rights of
the most favored nations—some particular
Stipulations in the 15th article, have refpe&
to the equalization of duties in the two coun
tries, an object compatible with the freedom
of commerce, and one that hums the balls
of the commercial treaty between France and
England, concluded in 1786—the fame prin
ciple frequently appears in commercial trea
• ties, and is seen in our's with France, where
we referye a right to countervail a particular
duty established in France.
The 16th article seems free from obfaflion.
, The 17th article has been made the fubje&
of some inquietude, since it does not protest
enemy's goods in neutral vessels—no just
cause of diflatisfadioD exists on this head ;
bec'aufe the article accords with the acknow
ledged law of nations, according to which
the goods of a friend in the vessel of an ene^
my are free, and. the goods of an enemy in
the vessel of a friend are lawful prize. Trea
ties have been made, that invert this rule,
but " such treaties, fays Mr. Jefferfen, de
pend on the will of other nations, as well as
our own, and we can only obtain them when
they shall be ready to concur."—The objec
tion in question was made by Mr. Genet,
who complained to our government that
French property was taken by the British,
out of American vessels—to this complaint
Mr. Jefferfon in behalf of our government
replied on the 24th of July, 1793. The fol
lowing is an extrad of his letter to Mr. Genet.
“ 1 believe it cannot be doubted but that
by the general law of nations the goods of a
friend found in the vessel of an enemy, are
free, and the goods of an enemy found in the
vessel of a friend, are lawful prize—upon this
principle, I presume, that British armed ves
sels having taken the property of French cit
izens found in our vessels, in the cases above
mentioned, and I confefs I should be at a
loss on what principle to reclaim it."
Thus it appears, that in this refpe& the
article agrees with the law of nations as ex
pounded by our own government, and in^
other particulars contains salutary regula
tions. *
A It may not be amiss to add; that the north
ern powers of Europe, who have formerly
displayed considerable zeal on this fubjeft,
have acquiesced in tbe dodrine of the law of
nations as here explained. It has been ob
je&ed to the 18th article, that provisions are
thereby admitted by us, to be in all cases con
traband—this is an error.
The article proceeds on the principle,
which all admit, that there are cases in which
provisions and other articles not generally
contraband may become such, and in order
„to avoid tbe inconveniences and misunder
standings which might arise in deciding when
such cases do exist, it is agreed that provi
sions and other articles not generally con
traband shall in no case be liable to confifca
tion ; but that when the fame by so exifling
law of nations, may be deemed contraband,
and for that reason seized, that they shall be
paid for with a reasonable profit, together
with freight and demurage—but it is to be
understood that when, as is generally the
case, provisions are not by the law of nations
contraband, they are not liable to feizure,V
nor the vessel that carries them, to interrup
tion, but may proceed according to their
proper destination.
The 19th article is found in most of the
commercial treaties, and agrees with the 13th
and 14th articles of our treaty with Holland, ~
[number 145.]