National gazette. — Philadelphia [Pa.], 1793-08-17 00:00:00, page 1

The folloro/ng Letter has been tranfniUed
hv the Secretary of the Treasury to the
Colleßors of the different Ports in the
Unit .I States.
K CIRCULAR to the Collectors of the
Cusi O.MS.
Philadelphia, JnguJ] 4th, 1793.
Sir,
tT appearing th.it repeated conrraventi
ons of our neu.ralitv have taken place
in t'le ports of the United States, without
having been discovered in time tor preven
tion or remedy, I have it i'l command
fro'n the Prel'dent, to address t«> the col
lectors of the refpeftive di(lii£ts a particu
lar inflruction on the fubjeft.
It is expected, that the officers of the
cn'totns in each diftrift, will i;i the course
of their official fpnflions have a vigilan
eye upon whatever may be paffirg within
tile ports, harbours, creeks, inlets and wa
ters of fiich diltrifl, of a nature to contra
vene the la« s of neutrality, and upon dis
covery of any thing of the kind, will rive
immediate notice to he governor of the
ft ate. and to the attorney qf the judicial
<liftrict, comprehending the diltrift ol the
ciiftonis within which any such contraven
tion m.tv happen.
To a'fift the judgment of the officers on
thi„ head, I tra ifmit herewith a schedule
of rvilrs, concerning fu idry particulars,
which have been adopted by the'Prefident,
as deductions from the laws of nenrrality.
established and received among nations.
Whatever (hall be contrary to these rt'les
will, of course, be to be notified, as above
mentioned.
There are some other points, which,
pursuant to our treaties and the determi
nations of the executive, I to notice
to you.
If any veflei of either of the powers at
-war with France should bring or fend with
in your diltrift a prize made of the fubje£ts,
people or propertv of France, it is inime
(liately to be i.'Otmed to the governor of the
Hate, in order that measures may be taken,
pursuant to the 17th article of our treaty
with France, to rblige such ,ve(Tel and her
prize, or such prize when fe it in without
the capturing vefiel, to depart.
No privateer of any of the powers at
war with France, coining within adiftrict
of the United States, can. by the twentv
fecond article of our treaty with France,
enjoy any other privilege than that of 1 pur
chaling such vi£tuals as (hall be necelfary
for her going to the next port of the prime
orflate Irom which (be has hercommiflion.'
If (he should do any thing belide this, it is
immediately to be reported to the governor
and the attorney of the diltricl. You will
observe by the ruies tranfinitted. that the
term privateer is undei flood not to ex'end
to vefl'tls armed for merchandize and war,
commonly called with us letters of marque,
nor. of course, to vefl'els of war in the im
mediate service of the government of
either of the powers at war.
No armed vefiel which has been or fha'l
be originally fitted out in any port of tne
United States by either of the parties at
war is henceforth to have asylum in any
diftricl of the United States. If any such
armed vefiel (Iml 1 appear within your dif
tri£l, (he is immediately to be notified to
the governor and attorney of the diftricl;
which is also to be done, in refpeft to anv
prize, that such vefTel fhali bring or fend
in. At foot is a lilt of such armed vefTel;
of the above defcriptton as have hitherto
come to the knowledge of the executive.
The pnrchaling within, and exporting
from, the United States, by -way of mer
chandize, articles commonly called contra
band (beinggenerally, warlike instruments
and military ltores) is free to all the parties
at war, arid is not to be interfered with.
If our own citizens undertake to cari v
tiiem to any of those parties, they will be
abandoned to the penalties which the lawt
of war authorise.
You will be particularly careful to ob
serve, nnd to notify as direitsd in other
instances, the cafe of any citizen of the
United States, who fliall be found in the
service of either of the parties at war.
In cafe any vefiel fliall be found in the
a£l of contravening any of the rules 0,-
principlcs which are the ground of this in
flruction, (he is to be refufed a clearance
until (he (hall have complied with what the
governor (hall have decided in reference
to her. Care, however, is to be taken in
this, not unnecessarily or unreasonably to
embarrass trade or to vex any of the par
ties concerned.
In order that contraventions may be the
butter itisdelired that theaffi-
Numb. 84 of Vol. II."] SATUR DA Y, August 17, 1 793-
By P. FRF. NE A If: (at No. 209, Market Street) Published Wednesdays and Saturdays, [Three D ollars per annum.']
cer who fliall firft go oil board any veiHi
arriving within your diftrift (hall make ail
accurate survey of her then condition, as
to military equipment, to be forthwith re
ported to you, and that prior to her clear
ance a like flirvey he made, that any traiif
greflion of the rules laid down m;.y be
appertained.
liut as the propriety of any f:ich inspec
tion of a veflcl of war in the immediate
service of the government of a foreigr
nation. is not without question in reference
to the tifage of nations, no attempt is tc
be made to i ;fpefl any fucii vt si :l till fur
ther or<ler on the point.
The President desires me to fignify tc
you his moil particular expe&ation thai
the inff rucHun contained in this letter wil
be executed with the greatest vigilance,
•£>iviry, care and impartiality. Omiflion
will tend to expefe the government to in
jurious iniput tioil* and suspicions, »ih:
p opbrtionably to commit the j.'.oocl f.-iitli
and peace of thecountjry; objects of toe;
much importance not to engage every pro
per exertion of your zeal.
With conlitierat ion. I am. Sir,
Y our obedient servant,
RULES adopted by the I'refident of th<
United States.
I. The original arming and rquippine
of veflels in tile ports of the United State
by any of the belligerent parties, fur niili
iary service, ofienlive or defenfive, i.
de en eel unlawftil.
11. Equipments of merchant veflels bv
either of the belligerent partie- in the ports
of the United States, purely for rhe ac
commodation of them, as such, is deemed
lawful.
111. Equipments in the ports of the
United States of veflels oi war in the im
mediate service of the government of an)
of the belligerent parties, which if done ti
other veflels would be of a doubts ul nature
as being applicable either *o commerce 01
war, are deemed lawful ; except those
which iliall have made prize of the subject
people or property of France, coming aith
tlieir prizes into the ports of the United
Slates, pursuant to he seventeenth article
"f our treaty of amity and commerce witl
France.
IV. Equipments in the ports of the
United States, by any of rh-» parties a'
war with France, of veflels lifted for mer
chandize and war whether with it with
out commilG . , which ::rv doubtful in
their nature, as being applicable either to
commerce or \\a., " deemed lawful;
except tllofe which fhali have made piiy.e
<>f the ful.j. its, people or property of
Francs, coining with! l ' ir prives into the
ports of tiie United States, pursuant to the
seventeenth article of our treaty of ainit)
ami cumin rce with France.
V. Equipments of any of the veflels of
France, in the ports of the United Sates.
which ate doubtful in their nature, as be
ing applicable to commerce or war, are
deemed law ul.
VI Equipments of every kind in the
ports of tile United States, of privateers oi
thpowers at war with France,are eleem
eel lawful.
VII. Equipments of veflels in theport*
of the United States, vhitli are of a nature
solely adapted to war, are deemed unlaw -
ful; except those stranded or wrecked, ar
mentioneii in the eighteenth article of 0111
treaty with France, the fixreenth of our
treaty with the United Netherlands, the
ninth of our treaty with Pruflia ; and ex
cept those mentioned in the nineteenth ar
ticle of our treaty with France, the feven
ree.ith of our treaty with the United Ne
therlands. the eighteenth of our treaty
with Pruflia.
VIII. Veflels of either of the parties
not armed, or aimed previous to their
coming into the ports of the Ui ited State;
which fliall not have infringrel any of the
foregoing rules, may lawfully engage or
inlilt therein their ®-un subjects or citizens,
nt being inhabitants of the U. States; ex
cept privateers of the powers at war with
France, and except those veflels which fhail
'lave made prize of the fubjefts, people or
property of France, coming with theii
prizes into the ports of the United States
pursuant to the seventeenth article of oui
treaty ot amity and commerce with France.
£ Here follows a lijl of privateers. ]
From the ( Rvflon j Independent Chronicle.
ytfAVING the obfiyrvations ofPACiii
cus, which appear the efftdion of an
avowed enemy to the French republic, and
treating on fubjectj which the generolity
of France renders totally unrtecefTary a:
"r.'fem to agitate, the great queition now
before the public is, ' Whether by the
treaty between tilt United States and
France, the latter have a right to fit out
Hups in our ports?' To determine this
qiieftion, it is necessary to hand to * Th e
the articles on this point, from
the Dutch and French treaties.
By the 28rh irticle of with
:he Dutch, it is exprefsiy declared, ' That
;he commanders oi vefi'els belonging to the
United Netherlands (and so reciprocally)
have a right to take freely into iheir Ser
vice i.ito any port or place, under the obe
dience of the United States, featnen or o
uier:iariv -sorinh ■ .!> tantsofany country of
t;ie denomination of the States-General.
To determme, whether the French have
: h.c fa ne r.'ght, the second article of theii
treaty e:v,>rcliiy mentions. 4 That no par
ticular favours (hall be granted toother
lations, which /hall not immediately be
come common to them. 1
1 here is no occalion to comment On
befe two articles, as it is evident, that a
rench captain has a right to receive on
board of hisvtfT-l, French citizens r eliding
i any p »rt or place in America.
Fhe foregoing principles being eft..b!ili
e«, the main question now to be ascertained
, * Whether the French have a rijrlit to
proiit their privateers in our ports ?'
1 hi- decilion rests on the conftru&ion
Jilt o the 22(1 article, via.
ART. XXII. It (hall not be lawful
lor any foreign privateers, not belonging
to i v,bje£ts of tfte most chriflian king, nor
uitizciis of the said United States, who nave
tomm.iiions from any other Prince or State
a enmity with either nation, to tic their
nips in the ports either of the one or the
Jthei of the as rcfaid parties, to fell what
liey hava taken, or in any otiier manner
\hatfoever to exchange their (hips, mer
handzes, or any other Jadingj neither
nal. iHt) bt alkn. Ed even to puruhaJ'e vic
tuals, except Inch as fliall be necelfary for
tneir go .ig to the next pore of that Prince
>>r State from which they have commiili
uns*'
In Support of this article, it Is alledged,
hat this prohibition againlt fitting the (hip*
>r priv .tcers belonging to any other Euro
pean nation, implies a pernnliion tofuowl
:ht privateers belonging to France.
hut in this conch.lion we have tocombal
he opiition of one of the Judges ol the
supreme Court.* He aiferts, »that tin:
uference caimoi be justly drawn. 9
W hen a private citizen has to contctic
>vi th an authority so resectable, it oblige:
lim to tread the ground of controvert)
Aith camion. But notwithllanding ilu
ration of his opponent, and the authorit)
jf his de'.ilion, yet it is prefumtd that the
Kreemen of these States, feel chat degree
f independence as to dispute the inialli
ot opinions, however fan£ti»ned b\
jflice.
In .ill controvei fial natters, it is bed (r
educe the principles ot inveliigatiun u
:lie moll limpte itiite poflible. that we ma;
iot lose the obj ct in fophiitical explanati
on.., or logical definitions- I would thcJ
lk, u lit t her it can be rationally luppo(e<
:nat either the French nation or the Uuitec
States, meant, at the time the treaty wa:
any equivocation, prevarication oi
neutal reservation, in tlie explanation oi
iiio 22tl article? If they did not, what i
lie moil liu.pie or natural idea connedec
aJtli tne words of this article? Lota thou
aiid uiiniliueii£cd, impartial men read it,
iud I dare venture to aiiert.that nine hun
li'ed aiici ninety nine would at oncc con
:iiu)e tnat the aegattve, as it re peels othei
lations, \\ ai the moll pofitroe declaration,
is it applied to France and the Unite c
states, that words could convey.
It is proper to remark, that at the time
:he treaty was ligned, these two na.iom
'.vere in the mod cordial intimacy anc
fricndlhip. All these' negotiations were
iounded and prosecuted on these benevo
lent principles. Thus circumitanced, the)
Found it congenial to their mutual intereit,
to knit themselves in the firm eft bond ol
union, to guard themselves againil the othei
powers ; and all the privileges that were
denied to others, it is probable Were bono
sice conceded as bellowed on each other.
1 he treaty was (iri&ly that of amity,
commerce and partial benefits. The par
ties did not then feel as fom? now do, a
It-par ate interest. 1 hey did not appreliend
* judge Wilson—-
we Ihonld have influential citizens, who
would endeavour by sophistry, to destroy
the avowed principles and oijefrs of the
treaty. France fll |>pufi d that a conftruc
ton as liberal as that contemplated by
Franklin or Lee, would ever influ
ence the minds of Americans in all their
declfions; and generonfly concluded that
nothing farther was neceflary to determine
the intentions and defijrrts of the contract
in;; parties, than an express prohibition as
it refpe£ted the other powers of Europe..
I have only to revert to the fee ing- i-f that
day, for a proof of my obfci v uion.
The principle which was ge-nerally pre
vail ng at tlie time of our adopting the Fe
deral conrtitution, ' That'what was not:
expressly given up, was retained, operated
with the molt extetifire liberality on the>
mindsof the cohtrafting parties, and guided
them in their deliberations.
Feeling a regard for the honor of my coun
try, I cannot without emotions of
read the following feruiments; as tliey may
serve to place the United States in a very
disagreeable point of view in tjhc eyes of
the citizens ot France. The words allu
ded 10. are, " It may he allerh-f,) that this
prohibition again! the (hips of pri
vates belongii gtoa 'y other nation, I'fl.
pnes a peimiliion to si. the (hips o+'pi ivates
bilongiig to prance. —But the inference
cannot be juttly drawn. If by a prwmife
m tde to one peifoi, I retrain myfelf front
lending money to any other;] am not surely
by that retraining engagement obligul i j
lend my money to him." This kird of
reafoni»g might appear with a tolerable de
gree of grace, in the common parlance be
tween two lawyers, engaged bv a tee tu
support their difffe" ent pleas—But as a na
tion, declaring their fentimeuts on a ques
tion of the highest import, as it refpe£ts the
molt fail ed of all national obligations, can
we accede without some limitation, to this
iophiftkal explanation ? Or can we suppose,
that the patriots of France, whose fouls
arc fired with the cause of freedom, arc!
.he rights ot man, will cordially refpoud to
this decision ? Call any national faith be
ounded on a more (lender basis ttian that:
at America, if such arguments are admit
ted bv •' the People" as conclusive and
valid r
The negative, as was before observed, as
it refpeds Other nations, is the most nofi->
tive declar„tion that could be made in fa
vour of f ranee. 1h; - article Oauds mucfi
irn-jer than if it had been f ,id,
' Tiiat tlie French privateers fhouid have
a l-iaht to fit out i'.«_ ii v ifels in America."
Had it flood tlHiupon the principle of
equivocation now a-i<p -d, it might have
been urged, that th«' the French v ere
expref'-iy permitted, jet it d.d no; imply,
but what other nations might be allowed
the fame indulgence—For when r ophi.'-ry
is praftifed, a, the weapon of conti nverfy,
words however arranged, or fentimems
however exprefled, will ever fall a faci
le e in the combat.
Waving every fubterfuge of this nature,
and taking the spirit of the article on those
principles which \ve have every reason to
'iippole operated at the moment on the
minds of the contracting parties, it mutt
lie acknowledged that it Hands on the most
impregnable ground poflible— 1 "It fhallnot
be lawful, &c. are expreflions, which ac
cording to all the principles and design of
language, convey a conclusive idea, that
they, (the Frencn) and they only, (ball
(lave this right.
At a further proof that this was the in
tention of the parties, our Ambalfadors.
previous to the acknowledgment of our
independence, gave comnii'ffions t« priva
teers, and they were permitted to ai in and
man them in France.
How far the explanation of the treaty,
by the learned Judge, corresponds with o—
tlier fentimeuts advanced in his speech, leC
the putyic determine. He fays, •' To love
and todeferve an honest fame,is the duty of
a flare, as well as of a man—To a St..te, as;
to a man, a reputation is valuable—lt re
prefl'es hostilities and secures efieein— lu
tranfaflions with othc?r nations, the dignity
»f a slate should never be permitted to fut
fer the fnialieft diminution."
These are femiments worthy ta be U'rote?
in letters of gold. Placing then the Uniticl
State" in the filuation or an individual, I
ask, provided one man was to enter int>
an agreement with another, upon the
avowed principles of amity, and it was ex
prefsl) declared, that no other pyrfon w atr
to receive certain fpecifed advantages,
whether upon the common acceptation cf
word*, and taking their peculiar circum-*
liatiies into coulUUrat'wn at the tinje the
[Total Numb. jBB J