Russel & Davis' Republican gazetteer — Concord, N.H., 1797-03-07 00:00:00, page 2

)erti, damage barn iatto"cars only ha ?
granted b, the courts to French privateers ;|
nen cabin the dec font bate been in their ll
Javer; it has arijen from their orasn cen
daß ; er the om ; ffion of their conjul ; er
from accident al circuit,assess, ivbtcb, inn
the s,mu oj the courts, furnifadrtajon- r
able prefempt^ro again, them of having ?
violatedthe laws, either b, illegally arm- J
ing in our ports, er making the captures ^
.Within our jurisdiction. If, on the other r
bond, they have, in the event of centra-^
, dicifisnr, been always condemned topa,
damages, we mi, venture tofa,, if was ]
becaujs the, were always in the Wrong. j
For no one mill fi nd Juj, sent ground to'
impeach tbs difcerement or integrity of ear
courts\
6th. " It fufered Englands b, iujnlt^
% its neutrality, to interrupt its cots- i
entree With Frame.''
That our commerce has been interrupted
I, the armed ty,ls cf England, andfont
times with circumflunch cf injalt, vie
certainly Jbeil net attempt to den, : the:
wverjal refinement and indignation ex
cised 6, tb&e injuries were admiffiens of,
the faa; but that the the government has j
Connived ar the praatce, (for that Mr.
Ade, must have intended to ifnuats by.
the word " /ufferea") all its ads most
forcibly contraded. It was because of
thoje aggressions that preparations for war
were commenced ; and to demand fatis
faa^nfor them was the leading objed of
Mr. fay's mission to Lorn on. Satisfac
tion was demanded ; and tbs arrange
ments agreed on for rendering it, are now
in execution at London. Bet /', "f*f- I
seres" Mr. Ads, means that we did not
arm, that is, make war on England, '#
obtain the indemnification, when humani
ty, rsajon, and the law of nations, pre
jiribe the mode of previous peaceable de
mand —to tbeje ver, principles we ma,
appeal for our jufrfcation ; and if it is
™<sr, to go fitter, we jay, That as
an independent nation, we mafi be left to
determine in what manner we can me,
bro, daily obviate an evil, and when it
is ma, proper tor us to repel an injury, To
den, us this right adjudgment, is to den,
our independence— &e have not been in
foible etcbo- to our honor or ear inters,.
If we have massifs,eel much long/tfr
ing, we have not bred ,igular.,<utral
nations ver, commonly endure man, tem
porary evils ; becau/e tbe/e appear light
when cornered with the calamities of
war ; and they lothfor ward, as we have
dene, to a period when returning j,ice
may redrejstheir wrongs. This period we
trad wrj arrive is reg 4 '! to theft we
are nowfajftring tram she French Repub
lic. If a nation net bound to us b, treaty,
and between whom and ourjelyes adual
circumfaucci and man, recollections tend
ed to excite peculiar feaffiocs, engaged to
rende, us justice, feall we expea left of
an avowed friend ?
We may here properly enquire, what
could have been the under,ending J the
parties on this point, when the treat, of
1778 was made between France and the
United Starts. She knew that not with
,ending the extent of ear country and its
,apid increase in population, many years
must, elapse before q could form a pow
erful navy to protic „ r commerce. She
knew the conduct of maritime fewer' in
all their wars ; forticularly jbe was ac
qaaiusd with tfa maxims and measure,
of England, towards the commerce of neu
tral nations, in all her wars with France.
And if knowing tbeje t rings, France then
expend that in allfubjequsut wars we
Jbould compel the maritime powers in
general and Great Britain in particular to
admit ear commerce to perfed freedom,
then infiead of a treat, of Commerce con
gaining regulations for conducting it,when
France fauld be at war, fafbovld have
demanded from as a ,i„latten, that in
ever,/were war in which the fauld he
' # WV^ w "' '"O' "ber maritime power.,
we alfofeould engage in it as her afociaut
—But this is a condition which France
was,eo juE to demand, and to which
the ®. S. would never have agreed.
' 7 ,tb. " Netwitbfanding fa faith of
treaties, it gave an asylum Ac @efame ]
LEU' "^ ^"* to% insulted to
?, ~ a^ged her cities, eras also to
> brave the American people to their ports,
;and to take a fation mheta to cruye, on
I a favorable opportunity, again, the
j I French.”
IThis,1 This, like m, others of Mr. Adet's
I charges, is but the renewal of the com-
I pl lints oJ bis predeceffir, Mr. Fanebet,
j and the vindication of the government
I: will appear in the answers and commu
, citations from the Secretar, of State to
ebas mini,er, in the, ears 1794 dnd '„.
) The cases particularly noticed were tbeje
}of the Britijb frigate Terp,chore and h r
p prize la Montagne; and of the Britr,
^F Argonaut and her prize l' Experience.
The Thetis and Hussar Britijh frigates
I wish tbe:r French prizes la Prtvs,ancs
and la Rai,n are difo mentioned, but
;without any falls or circum, mess as fub
jeßs of inquiry, which of cour/i is pre
eluded. .That of the Terpfcb&re and her
:prize a,pears to have Let the fr, case
,; of the kind in which the Executive of the
;; United States and theft of the particular
fates u ere called to interfere ; and there•
;'fords it nill *bt be thought extraordinary
0 if the Executive of Virginia was unprs
;pared with arrangements to give infant
fa to the flipulafion of the i,tb article
;of the treaty of 1778,forbidding an afr
l lurn to the armed vefls of the enemies of
!France and their prizes. What delay
1; took placefctms to bave been the result of
laccidentI accident ; certainly not of defgn. And by
^letters from this department the Executives
k were earns,l, prtftd to tab the nectary
j order for a prompt execution, in future, of
§ this part of the treaty. But wby Jbeuld
\ the French Minifers complain «withjuch
'd*e r g,,that a Britfo ibip of war with
:her prize remained in one of our ports aur
[% perhaps twenty or five and twenty
j days ; when again, the earns, requ,s
and orders of the Executive, the French
privateers armed in ear pertain violation
of the laws, long continued to he, on our
cea, and enter pur harbors, thence on fa
-Ivorable opportunities to cruise again,,
'their enemies. The Columbia, or Carmag.
§ stole, continued jueb her unlawful aßsfor
^meretto a year.„
, After all the zealous reran,rancefrf
;Mr. Fanehet, now renewed by Mr. A&tJ
!about th capture of the French cerveth
I rEjperance, fy the Britih frigate Argo-
j naut, who went with her prize into L,un
;Haven Bay, what were the fads ? The
governor of Virginia went perfenally to
I the French cental at Norfolk for inf&rma
\tien concerning this declared violation of,
[ the treaty—but " received none which
'appeared to juftif, the uneasiness eccafaned
by that event, be charging ne circumflwce
\as improper in the captors ; but ratber
seemed to consider the introduaiou of sbe
;prijoners made on that ecca,on,je joonin
^toa place where the exchange would be
effaed, as an alleviation of the muser
:tune of lofag the vfffl." The captain of
!the French corvette bimfelf was de,red to
[give evidence tn the case; be jromfed,
I but failed to copper. He was called upon
^a jecond time eogive information, but dtf
'covered an unwilliagnejs to d; it, obferv
§iug tbgt be bad given the consul a circum
\,antial account of the tranfaaieu on bis
l arrival. The governor having beardthat
a rejpeaabh pilot, by the name of Butler,
[was acquainted with tbs circumfluous of
[this affair, be directed his depletion to be
[taken : it was taken, and imported that
ladmiral Murray bimftlf purcbafed &
Iprize I'Ej^eanu, and manned and fitted
[ her in Lyon Haven Bay for a cruije. But
Bader's dtpofiuon was afterwards take*
^o# the part of the Britife, in wbitb be
t cintraditfed all the material falls recited
linI in the former deposition ; for which ^ ac
-Icounted by faying ,tbat he could neither
; write nor read, and that there had been
l injected in bis fir, dept,tion what be had
\severJaid. Under the, circumftantes it
f was defrable te obtain further informa.
I tion. This wasfurnifad by the Britifo
\mini&er in the osra# of a letter frim
f AdmiralMurray,which bears every mark
,of candor and humanity, and of rtfpeafer
(tig U. States, ft is pfolhs. •“Th,
• French flop of war I'B/prat was bio't
into Lynn Haven Bay,, the nth•/%*.
\(afow days after ny arrival there) by
Capt. Ball, who bed taptSrel bcfjfteei 1<
leagues from tbs fare) the weather being
Very tempefiuous, a lieutodant with a fuf j ,
ficient number of mon only to navigate her §
(not being half tbs complement the French ;
had in ber) Were jent on board from the j
Refolgtion and Argonaut ; and so |
soon as the weather permitted thofe3
(hips to suppl, her with water and|
provisions, 1 sent her to sea, that I
might give no umbrage to the A
merican States; An additional reason
for bringing I'Efperance into Lynn
Haven Bay was out of humanity to
the French prisoners, whom, having
had a long voyage, I sent to Norfolk
as soon as prudence would permit :
other wife'they must have been kept ;
prisoners on board the whole winter,|
and sent tuHaUfax in the spring ; nor
was the equipped or armed then in
any manner whatever ; nor did the
lieutenant receive any commitfion
for her whilst at Lynn Haven Bay ;
and when at sea only an ading creer
tocommand her, which is customary
and absolutely necessary in all cap
tures ; otherwise if retaken by the
enemy, he might be considered as a
pirate."
Sth. “ It might be said that it ap
plauded their (the English) audacity ;
all submission to their will, it allowed
the French colonies to be declared in
a state of blockade, |nd its citizens
interdicted the right of trading to
them."
If among the multitude of such
complaints as Mr. Adet has exhibit
ed, any one could excite surprise, this
charge is calculated to produce it.—
Here a formal charge is made against
the government of the U. S. that it
did not contend in another indepen-1
dent nation, the right of judging of|
its own affairs—that it did not forbid j
and efraually prevent the officers of
a foreign power, the British Admiralsl
and Commanders, in the Weftindies,
declaring certain French colonies to
be in a state of blockade !—'' But the
official legalization of a proclamation
had been pofled up under our eyes,
prohibiting our commerce with the
French colonies, and suspending to
us alone the law of nations!"— The
answer to Mr Fauchet from the Sec.
of State, represents this matter dif
ferently. The British Consul Gen;
at Philadelphia, by a publication on
the loth of April, 1795, gave notice
that he had received official commu
nications that the iiland of Guada
loupe, Marigalante, and Defidera,
were by proclamation ifiled by his
Britannic Mgefty's Gen. and V. Ad.
commanding in the Weftindies, de
clared to be in an actual state of
blockade ; and that neutral (not ting
ly American) vessels, were thereby
prohibited from attempting to enter
any ports or places in those islands
with (applies of any kind, under the
penalty of being " dealt with con
formably to existing treaties, and asl
warranted by the eftablilhed laws ofA
nations." And while existing trea
ties (our treaty with Greatbritain had
no operating exigence until 6jmonths
after the Consul's ad vertife ment) and
the laws of nations were avowed to be
the rules by which the property of
neutrals was in this case to be adjudg
ed, had they reaf>n to complain ? If
any neutral vessels attempted to enterl
any of those ports which were not in ;
reality in a state of blockade, and yet
were captured, could they be con
demned / Certainly not by the rules
which the British prescribed to thesn
felves, «' treaties and the laws of na
tions." But if the British comman
ders proclaimed untruths, and issued
arbitrary orders for capturing neutral
vessels ; and their cruizers and courts
of admiralty executed them arbitra
rily—could the American govern
ment prevent them? We could de
mend of the Bri(Uh government fatis
fa&ion for injuries to our own citi
zens confoment on such orders ; and
if any such were faftained, the „-
;fahgements for making reparation
)are now in execution. But admit
sting that any ports in the French
! colonies were in fad blockaded ; who
;fhould notify it to neutral nations ac-
ICuftomed so trade with those ports ?
I Certainly the officers of that power
Iwhofe fleets and armies formed the
!blockade ; and in the U. States no
mode of giving universal notice coul4
be fs effectual as a publication in
hand- bills and newspapers.
- 9th. " It eluded all rhe advances
made by the Republic for renewing
the treaties of commerce upon a more
favorable tooting to both nations ;.it
excised itfelf on the must frivolous.
.pretexts ; whilst it anticipated Great-
[ brirain by soliciting a treaty in which
proflituting its neutrality, it facrific*
rd France to her enemies ; or rather
looking upon her as obliterated from
the Map of the World, it forget the
services (he had rendered it, & threw
l afide the duty of gratitude, as if in
gratitude were a governmental du
ty."
Os the advances referred to, the
firft were made by Mr Genet. These
you will lee in the printed correfpem
dence between him & Mr. Jefferfon.
Mr. Genet's letter is dated the 23d
of May, 1793, i° which he informed
the government that he was autho
rized to propose a treaty on a • " lib
eral and fraternal b:fis." Mr. Jef
ferfon's letter to Mr. Morris, our
Mioifter at Paris, dated the agd of
Aug. 1793, assigns the reason for
postponing the negociatioa.
t" The Senate (fays he) being then
in recess, and not to meet again un
til the fall, I apprised Mr. Genet that
jthe participation in matters of treaty,
I given by the constitution to that
1 branch of our government would of
I courfe delay any definitive answer ter
I his friendly proposition. As he was
Ifeufible of this circumftance,the mat-,
ter has been underflood 0 13? rver
until the meeting of the Senate.' —
Congrofs were not tameet until Dea.'
cbnfequently there n^ no peceffirt
of precipitating the bofinefs far
.with the best difpofiiioL r to torr ^
commercial arrangements ' mural:,
more beneficial than &f # @t r^
treaty of 1775, the unwarrantable
condud of Mr. Genet, from the mo
ment he landed at Charleston until
the date of his letter on the fubjea of
the negotiation, was Sufficient to ex
cite ca ution in the American govern
ment. He had there violated the
sovereignty of the U. States, " by au
thorizing the fitting and arming of
vessels in that port, enlisting men,
citizens and foreigners, and giving
them commissions to cruise and com
mit hostilities on nations at peace
with us," 1 and with whom we bad
extensive commercial conneaions.—
"These privateers were taking and
bringing prizes into our ports, and
Ithe Consuls of France were assuming
[ to hold Courts of Admiralty on them
to try, condemn and authorize their
file as legal prize." Nevertheless,
the government really desirous of
forming a new and more advantage
ous commercial treaty with France,
inftruded the Minister of the United
States at Paris to manifeft the fame
to the Executive of France, § and to
jfuggeftrfor this purpose that the pow
!ers of Mr. Genet be renewed to his
successor. It is true that in his let
ter dated the 30th Sept Mr Genet
had renewed the proposition of nego
tiating a commercial treaty ; but
how was it possible for the govern
ment to undertake a negotiation with
that Minister after " The correspon
dence which had taken place between
the Executive and him," (a corref
pondenoe on his part replete with in
iolts) “ and the ads which he had
• State Papers, p. t§.
f State papers, p, 68.
j Letter to Mr. Morris, Aug. 16th,
1793— State papers, p. 58..
§ State papers, p. 68.