The United States oracle of the day — Portsmouth, N.H., 1801-05-16 00:00:00, page 2

other iicx, the prohibited goods only
are prize ; but if the whole cargo be
prohibited, both the foife and goods may
be adjudged prize." "If any such
flips (meaning neutral ships) shall be
attacked in order- to he examined, on
their refufing to submit, they are to be
assaulted." Under the fame head we
find the.ordinances of France on this
fubje&, among which is the following
outrageous and unjust edi& in the 6th
article of the French ordinances ; —
« All ships having effedfon boari be-
Illustration.—Suppose France and
her confederates were to declare, that
Ambassadors fliould hereafter be Grip
ped of their prerogatives, and be entitled
to no other protection than ordinary
citizens, would this bind the United
States or the Emperor of China ? Cer
tainly not.
I have been thus particular in Rating
a proposition which some will think
felf-evident, because I think it peculiar
ly applicable to the questions which I
have been considering. France with
the northern nations in her train and
fubjeC tto her nod, has undertaken to
set up two points, which the contends
are pait of the law of nations.
It is possible that some might be led
to conclude, that what so many nations
concur in wishing must be the law of
nations, but it is no more true in this
case, than it would be among individu
als, it all the poor, who in Europe are
seven times as numerous as the rich,
wanted an Argaiiandaw, which the
rich would not consent to. The miftes
of the majority would not in either
case make or alter the law.
I have already shewn from the reas
on of the thing,and from two celebrated
writers, that the Northern Confederacy
are wrong on the Ecco points for which
they are contending ; and I will now
close this part of the fubjed by quota
tions from other well received authori
ties.
The celebrated Puffenborf, page
842, fays “ Neutrals ought not to fur
nifh either of the powers at war with
things employed in ads of hostility, and
as for those that are of no use in war,
they must supply both parties equally."
After some further remarks in which
he intimates that a nation at war has a
right to interdict all trade with its ene
mies, he fays, “As the avarice of
merchants is so great, that for small
gains, they make no ifruple of exceed
ing the just bounds of commerce, so
nations that are at mar may certainly
visit neutral (hips, and if they find
contraband goods on board they have a
right to confiscate them."'
In Poflethmait's Dictionary of Com
merce, title Prizes, is given at large the
treaty between King Charles 11. and
the States of Holland, in which they reg
ulate the business of maritime captures
in any future wars between those two
nations. Among other regulations we
find, that “ Ships carrying powder,
(hot, or other warlike articles for an
enemy from a neutral, Jhall be prize,
and so may money, vihaals, &c. but
this lift must be in a time of necessity."
•Further; " In case part of the 'lading
of a neutral (hip is prohibited and the
The Principles of the Northern Con
federacy Examined.
&R. RUSSELL,
THE La^w of Nations is supposed
to be derived from natural jus
tice, and receives its obligation from
its equity, and from the tacit consent
of all civilized nations. Originally it
was like the common law of England,
" lex nemferipta ;" or unwritten law. It
confided of certain wife and equitable
maxims, by which the conduct of na
tions toward each other was regulat
ed.—These maxims were well known
to all jurifprudifts, and to all sovereigns
and ftatefmcn, though no code had ever
been formed by the industry of any in
dividual, and even at the present day,
there exists no a&ual authoritative code
fandioned by the explicit consent of
the nations of the earth. Still this la^,
is as well knowh and fully recognized
as if it had received the most solemn
and'exprefs fandion.—No nation, and
no confederacy of nations, have any
right to alter this well known law, so
as to bind other nations, not parties to
such new compact.—Such a uewcom
pad is obligatory on the contrasting
parlies and on them alone, and should
they attempt to enforce it by arms,
they are guilty of injustice, and ought
to be refilled by every nation which
refpefts the general peace and welfare
of mankind.—Are not these proposi
tions correct ? Let us examine them,
Fir/l. The law of nations is sacred
and obligatory, and well understood,
though no pftive compact exists, but
only a tacit and implied convention.
Let us take a clear case to illustrate
this proportion. The persons of all
Ambassadors, are held sacred, and they
are entitled to fafe conduct—they can
not be arrested except for crimes.
This point no nation denies, no feep
tical philosopher controverts ; and yet
it rests wholly upon the unwritten law
of nations.
Secondly. No nation or combination
of nations can alter the established prin
ciples of this law.
Frta the CENTINEL.
Truths from such pens prevail with double might,
And e'er Offerers prove their maxims right.
lies inhabiting the township are €18; 252 are
receiving the poor rates, and 242 are exempted
from paying them on account cf poverty.
gj'Let this save to caution the jacobins in Ame
rica agaisfl involving that young and flourishing
country in an expensive and ruinous war !
NEW-TORK, the mofl populous to^n.
By the ctnfus of New-York lately taken, it
appears that that city contains 60,483 inhabi
tants. Philadelphia contains 58,752. Confe
qucntly New-York is the mod populously
of the United States.
Molly, de Jure Maritime, page 20,
vol. I, faith, " If the goods of friends
;are found in the (hips of enemies, this
। doth not ipso faflo fubje& them to con
j demnation, though it raises a violent
;prefumption. On the other hand, if
; the fops of friends or neuters shall be
i freighted out to carry the goods of ene
,ivies, this may fubjedt them to be prize,
:more especially if the goods be laden
l on board with the knowledge of the
! mafteri though in France they have
!involved the nocent with the innocent,
\ and made both prize." " It is most cer
tain that let the protection be what it
will, if men will venture to trade under
such a cloak, it behoves them that the
(kipper and his crew be entirely igno
rant."
tft. That all nations have admitted
the right of taking enemies property
in neutral vessels.—The only questions
heretofore agitated, have been, wheth
er the (hip which carried them was
hot also prize, —and whether neutral
goods in enemies ships were not prize
Thus the famous doctrine of free ships
making free goods falls to the ground.
2d. It appears that France has been
more rigorous than any nation in Eu
rope, and that she has an ordinance
yet in force, I presume, that the (hip
of a neuter shall be condemned for
covering enemies goods.
3d. It is manifeft, that the right of
search has been also always admitted.
—Not a single sentence can be found
in either of the authors I have cited,
which supports in a distant degree, the
present claims of the northern nations.
4th. These writers refute the charg
es brought against the British treaty
for allowing the capture of provisions
on certain liberal terms. The oppof
ers of that treaty called it the modern
Law of Nations, and declared that
provisions had never been considered
contraband in any cases But it is
manifeft, from the foregoing authori
ties, that provisions in certain junctures,
have been always deemed contraband,
and therefore good prize.—But the
British treaty has foftened this privi
lege or right, and merely authorizes
the capture for the purpose of cutting
off the supplies to its enemy; but the
owner is to be paid for his provisions
with a moderate profit.
I Shall elofe my present number with
a passage from Plutarch. "We Romans
believe those poffeffionstobemoftjuft &
moll honorable which we have taken by
the laws of war, nor can we be induced
by any foolijh facility to part with the
monuments of our valour, not merely
on account of those now living, but on
account of posterity."
If the Romans were now in exigence
and their apes and imitators the French
were at war with them, and if they
had taken several fine ships from their
enemies the French,think you that they
would surrender them ? I believe not—
Theg/cr, of the Roman name was their
great security and the secret ^f their success.
Mr. Gray, in a Speech on the Gate of the na
tion, in the Brititfi House of Commons, observ
ed: " There are petitions at present on your
table from 21 townships of Yorkshire, praying
relief from the Poor's Rates. In one of those
petitions it appears, that where they paid only
5221. per ann. before the commencement of
the war, they paid in xßco, 2,445]. and in the
last quarter at the rate of 6,0001. The fami-
From the WoJbington Federalist.
The a& to provide for the more convenient
organization of the courts of the United States,
passed the last feffiqn of Congress, has,been
published in most of the papers as having passed
the 13th of January, whereas it was not passed
until the 13th February. This mistake is of
importance, and it makes a difference as to the
time when the next supreme court of the Unit
ed States will be held ; in the former case, the
next supreme court would be held in June,
whereas the law not having sassed until after
the last February term, the next court will be
held as usual in August, after which the terms
will be changed agreeably to the directions of
the law.
g. The printers, tt4o have publifced the Law
above mentioned, will pfrafe to give this 4 place.
All these writers arc respected by
Courts of Admiralty in all countries
where they are known.—They are au
thors of long (landing, and these doc
trines are not introduced to serve the
present 'interns of either of the contend
ing powers. From the above citations,
several points are manifeft :—
longing to our enemies, and the goods
of our fiibjeds or allies in the flhips of
our enemies, shall likewise be good
prize."
Jos. Got. Heineccius, Counfellor to
the King of Prudia in his treatise on
the Law of Nature and Nations, book
2, chap. 9, fee. 201, fays, " On the
other hand there is no reason why we
may not hinder a neutral people from
carrying arms, men, provisions, or any
such things to our enemy, and hold
such things for contraband though jus
tice requires that we should not pro
mifeuoufly condemn the goods of
friends and enemies," cites Binker-
Ihook, a very eminent civilian.
A FRIEND to COMMERCE.
Mr. GRAT's Speech.
I Late Foreign News,
when the hul ship failed."
Yesterday arrived the Hamburgh
mail due on Wednesday last. It has
brought us no intelligence which chan
ges the (late in whicn affairs have for
some time pad remained. The military
preparations for defence continue in
Denmark and in Sweden. The embar
go imposed on our (hips in the latter
country, dill continues, but none has
been laid on in the former. The most
recent letters from Stockholm are of
the loth, and from Elsinore of the 17th.
The next mail will, therefore, probably
bring us intelligence, byway of Ger
many, of the arrival of our fleet in the
Sound, but it is probable that we shall
receive eailier advices of it through o
tlicr channels.
Captain Rogers, of the Mercury fri
gate, on the 6th January, fell in with
twenty fail of French vessels, bound
from Cette to Merfailles, under convoy
of some gun-boats, and captured fifteen
of them, which have fafe arrived at
Port-Mahon. They are deeply laden
with brandy, sugar, corn, wine, oil, &
other merchandize. He also captured
the French national corvette Le Sans
Pareille, laden with (hot, arms, medi
cine and supplies, bound from Toulon
for Egypt.
The Danes and Swedes, it is said,
will not defend the Sound ; but reserve
their forces to dispute the narrow pas
sage between the inlands of Amak and
Salthom.
" The English last year refufed to
conclude a Naval Truce. The chief
reason for their refufal was, that the
French wanted to fend fix frigates to
Egypt. Citizen Otto required from
the English government passports for
the fafe return from Egypt of fix Savans,
Members of the Committee of Arts.
This was refufed by the English. In
the course of the winter, more guns,
more bullets and more men, have en
tered Alexandria and Damietta, than
fix frigates could have carried. Os the
fix Savans to whom pafTports were re
fufed, three have arrived ; the other
three had not arrived from Mount Sinai
'% A meeting of the Cabinet Ministers
was held yesterday on the fubjed of the
communication which has lately taken
place between our government and
France, thro' the medium of M.Otto,
on the fubjed of negociation. We be
lieve our new rulers to be aduated with
a sincere and ardent desire for peace on
terms confident with the honor and in
terests of the nation, and we are per
suaded that the enemy is not less anx
ious to terminate a war to the fucceff
ful prosecution of which his means are
so inadequate; yet with this impression,
and a further opinion that, negociation
will be fh'ortly instituted, we regard the
question of peace to depend upon the
issue of the Northern and Egyptian
Expeditions.
" Our funds have, during the week, risen
about two per cent, on the rumour of adjuft
nient, and were yesterday a fraction better
than on Friday."
Algiers, France & Great-Britain.
The Algerine Ambaflador feme days
since notified to the Ministers the re
ceipt of intelligence from his Court,
that the French Envoy who has lately
resided at Algiers, and where, with a
view to induce the friendfhip of the Dey
towards France, and to excite him to
hostility against England, he has ex
pended immense sums of money, has
been dismissed, and ordered to inform
the French Government, that prelimi
nary to any negociation they might of
fer to the Algerine State, must be the
evacuation of Egypt by her troops ; —
upon this condition Algiers, had con
sented to four months armistice, which
had been prolonged under an opinion
that this stipulation would be complied
with, and upon this condition alone
would flie listen to any overture for the
re-establishment of Pettce. We have
the further pleasure to Rate, that on
Thursday last, the Amba&idor official
ly communicated to Ministers, that the
1)^ in testimony of his friendfhip to
his Britannic Majesty, had ordered that
a Knight of Malta, and 263 Maltese,
who had been captured by his cruizers
previous to the reduction of LaValette
by the British, and fold into slavery,
should be liberated without ransom
(which would have amounted to up
wards .of ioo,oool.) considering them
'fubje&s of his Majesty, and has direct
ed that whatever Supplies of provisions
LONDON, MARCH JI.
A MESSENGER arrived yesterday
from Copenhagen, with dispatch
es from Mr. Vantitlart, by which we
understand that government has reason
to expe&, that the obtlinacy of that
court is likely to produce an early com
mencement of hoftilities,—the diipatch
es were dated the 15th. We hill how
ever, ayxioully hope, that the modera
tion, and sincere disposition shewn on
the part of Minillers to terminate the
dispute by Negociation, may yet prevent
things from coming to that extremity.
We this morning received a set of
Paris papers to the 29th inst. The
following observation is the onlyextrad
which the Moniteur affords us :—.
BY SEVERAL RECENT ARRIVALS.
L9NDON, MARCH 2^
OF PEACE.
MARCH 25.
'BERMUDA, APRIL 8.
By the Pheasant, from New-Provi
dence, we are sorry to learn, that his
Majesty's frigates Cleopatra and An
dromache went on a secret expedition
to cut out a number of valuable Span
ish (hips out of a port on the north fide
of Cuba, near Punta Malas, with all
the boats they could colled, failed in
the objed from the information given
to the Spaniards by a schooner which
failed from New-Providence 3 days be
fore the frigates. The Spaniards be
ing apptifed of their coming, were rea
dy with their gun-boats, batteries, &c.
and never fired a shot until the boats
were opposite, when they cut them ai
med to pieces with a number of their
crews. Lieut. Joseph Taylor and two
midihipmen, of the Cleopatra, with
eight men were killed, and a great
number defparately wounded, among
which were some brave officers. The
ships had been dismantled and all that
was acquired was a King's armed fchr.
of little value.
Last night a gentleman of this town
went on board of an American vessel
which was preparing to fail, in order
to receive payment of a debt which the
matter of her owed him, and with a de
termination to flop the vessel, if the debt
was not discharged. The Yankee not
finding it convenient to answer this
claim and knowing the coniequence of
a refufal, adopted the surest measure of
securing himfelf by carrying away his
creditor, and the four negroes who
took him on board.
The situation of these Islands at pre
lent is truly alarming for want of Corn,
Flour, Rice, Pork, &c. not a bushel or
barrel of which is for sale here at pre
sent. Many poor families have been
for several days without a mouthful of
bread kind, and at present there is no
likelihood of a remedy. From the
Weather blowing almost continually
gales of wind, very little Fish has been
caught, which has also been very dif
trefiing to the poor.
The (hipbuilders and others who
employed a great number of men, are
obliged to difeharge them, as they can
not procure provisions, the workmen
being generally found by the employers.
HAGUE, MARCH IX.
Navy of the Northern Powers.—Sweden, 30
fail of the line, jo frigates, 60 gallics, 15,200
seamen. Denmark,33 of the line, 13,964'fea
men. Ruflia, 120 o f the line, and frigates ;
besides gallies; seamen 40,000.
NEW-YORK, MAY 9.
Extrad of a letter from Dublin, March 17.
"The accounts which have been recently
published of this country, afford but an imper
fect idea of its lituation. lam affored by some
of the best informed persons from several parts
of it, that it now contains more wheat and oth
er grain than at the conclusion of 1799, and in
general of the best quality ; but t;wo-thirds of
the people have been accustomed to subsist en
tirely upon potatoes, whose general failure, ad
ding to the usual confumpti®n of corn, has in
creased the price beyond all precedent : and
whilst the extensive farmers receive the amount
of the fee of their land for its last year's pro
duce, multitudes are periling by want.
“ Avarice, to excuse its want of feeling—its
calofity—has asserted, that the governors of
the House of Industry offered to receive and
maintain the poor of Dublin, and that the pro
position had been rejected by the government:
But were houses of Industry as numerous as
the barracks, which, happily for the quiet of
the city, are established in almost every ftrect,
they would all be incompetent to receive a
tytbe of the indigent.
" Instances of individual wretchedness occur
in all countries, but it remained for Ireland to
harrow up the foul, by perfonifying famine in
more than half its population.
PARIS, MARCH ig.
We learn from Hamburgh, that the
Duke of Brunswick has set out from
Magdeburgh, at the head of 20,000
Prussian troops, in order to take pos
session of Hanover ; and that another
army ol 15,000 men is about to set out
from Berlin, for the fame purpose.
HAMBURGH, MARCH 20.
A French courier arrived here a few days
ago from Paris, has brought a demand of
4,000,000 livres from this city.
" In Dublin, the fubferiptions of the bene
volent under the immediate auspices of the
Victory, alleviate the fufferings of the poor by
the weekly issue at the diftrid Kitchens of a
bout 14,000 quarts of soup for a penny each
quart, besides what is given at other places;
but in the country, where there is no such aid,
and where the people ineffeaually offer their
labor for their food, the grave teams with vic
tims to the various difeafcs incident to famine.
“ It cannot be matter of furprize that difaf
fe^ion, too prevalent before, increases with the
wants of the many ; whilst the hope of the fu
ture is poisoned by a pretended prophecy, cal
culated to promote the moll nefarious purpof
cs, that the next summer will be alike distin
guished in Ireland for abundance and for
slaughter.
" Martial law, which I find is to be again
established, is an ill substitute for food—Let
them go together, and should it be known be
yond the statute book, the world will applaud
its operation.
may be wanted by the garrisons of
Malta or Minorca, fall be furnifhed
by his States.
The French papers fay their army in Egypt,
has lately received a large supply of military
" The small farmers and peasants are unable
to purchase either corn or potatoes ' for feed,
wherefore scarcity will not terminate with we
commencement of the next harvest, unless na
tional aid is afforded, and I know not bow the
revenue of the nation can be more advantage
oufiy applied, than in feeding its population.
" There are vast commons and other trails
of land comparatively useless, which, tilled by
the state, would employ the multitude, whose
food would be most beneficially paid for their
labour, exclusive of the present confederation.
BRITISH AMERICA.
ST. PIERRE, JAN. 17.
APRIL, 18.
Domingo.
Notice is hereby given, That the Govern
ment of the said island in order to provide a
gainst the fraudulent entries and declarations
made by traders, with the view of evading the
duties laid upon the value of goods, have de
sired the Commercial Agents of the French
Republic in the United States to attest the
prices quoted in the invoice bills as conforma
ble to the prices current in the places from
which the shipments are made. In conformity
to that desire, the agents aforefaid are direded %
to give the above mentioned certificates. Such,
therefore, as chufe to have their bills so certi
fied, may apply for that purpose to the French
Commissaries in the several ports of the United
States. L. A. PICHON.
There is not now nor has not been for many
weeks, a Stamp on which a Foreign bill of Ex
change should be drawn, nor one on which an
inland bill should be drawn, and this day the
stamps for foreign bills of lading are out ! !!!
This is poor manoeuvring under our new adeni
miration.
^,To Merchants trading with the Tfand of S>.
It is a fad that for many weeks past the
Stamp Office at this place has net been furnish
ed with Stamps of sundry denominations, ne
cessary for the most important branches of com
merce.
Norfolk, may 2.
The ship Woodrop Sims arrived here
yesterday from Rochelle, whence she
failed on the 28th of March. The
fame evening was boarded by the ten
der of the English frigate Doris. At 4
the next day, was hoarded by the Doris,
who informed that they were waiting
for the remainder of the French fleet
from Brett and I'Orient, that were to
aflemble at Rochefort, as was supposed,
for some secret expedition.
There had just arrived at Rochefort,
an.B4, a 74, and 2 frigates, from Breit
and I'Orient, and were in daily expedi
tion of many more, as the fleet was to
consist 0645 fail, most cf which were to
be line of battle ships.
On the 22d of March, all the private
copper bottomed ships and brigs in
France were put in requisition, for the
purpose of making transports of them,
for the intended expedition against Por
tugal.
Eighteen thousand men were assembl
ed in the neighbourhood of Bordeaux,
and were to be increased to 30,000, to
go against Portugal.
A Portuguese Ambassador had pas
sed thro' Bordeaux for Paris ; and on
the 7th of March a general embargo
through Spain was laid on all Portu
guese vessels. The Queen of Spain
died on the 26th of Feb.
Provisions in France were remarka
bly plenty and cheap.
Orders had been given to British
Blips not to molest the Prussian flag.
The Woodrop Sims was detained 30
days on account of the rejection of the
Treaty by our Senate ; nor was she per
mitted to fail until the news of its ra
tification had reached France.
NEW-YORK, MAY 5.
The following is an extrafl from a letter, dated
Mercerfburgb, (Penn.J April 23, 1801.
" For this three days past it has snowed afo
most incessantly, in the village the (now lies
upon a level 5 inches, and on the mountains
which are about 7 miles distant, it is three feet
deep. Such a fall of snow in this place at so
advanced a season, has never been witnessed by
the most aged inhabitant of the village. It
war feared, that the fruit trees which are just in
bloom, would have been injured by the Borm;
but present appearances leem to render those
fears groyndlcfs."
" I have jull received a letter from
Thomas Appleton, Elq. of Leghorn,
by which he informs me that on the
4th inst. the English Commander sent
him official information that the Port
was blockaded, and an order given to
all Neutral vet Tels to depart from the
place in 8 days, or they would not be
fuffered to fail. He then sent a flag m
board to obtain a prolongation of that
term, but received for answer that he
aded from superior orders, but that
Lord Keith is expected hourly in the
roads with General Abercrombie and
the fleet." Wafa Paper.
The Assembly of Jamaica has addressed the
Lieutenant Governor of that island, pointing
out the distresses the colony labours under on
account of the tcftri&ions on its exports to te
United States in American vessels; as allo the
inconveniences they labour under from the few
necessaries of life they arc in confequehce able
to procure therefrom. The Lt. Governor in
anfoer^ured them he should riot fail advising
with council on the fubjedt. He seems, how
ever, averse to the remedy—a left refolded
trade.-
WASHINGTON CITY, MAT 4.
, Jernes Madison, Esq. Secretary of State, ar
rived in this city on Friday last.
We understand that in coniequence of the
declension of Capt. Truxton to command the
squadron fitting out in Hampton Roads, Capt.
Dale has been appointed to that duty; and
that Capt. Bainbridge has been appointed to
supply the place of Capt. Preble, who from in
dilpolition is unable to fill it.
The squadron is expected to fail between
the ic:h and 15th inst.
Extraa of a letter from the Confci of & United
States at Genoa, dated &b Dec. 1800.
which ought to be imperative, that without
some alliftance they must periih.— Nor can it
be objected to the principle, that farming or
traffic would not become the state. Even the
content, of the granaries, so provkiendy, an d
(however injurious the public by railing to the
often unprincipled will of the feller the prices
of the market) so necessarily provided by gov- 4
ernment, would, if obtained through another
medium, leave an immensity for general con
sumption."
Articles per Mails.
George-town, Potomac, 7th Floreal,
9th year (27th April, xßoa.}
LEGHORN BLOCKADED.
LATE FROM FRANCE.