The Republican ledger — Portsmouth, N.H., 1799-11-13 00:00:00, page 1

leaving lately slated to the Citizens of the United
States iny opinion on the case of Jonathan Rob
bins, which appeared to me to be of much conse
quence ; Inow take the liberty of add? effing them
on a fubfa of general concern, on which the
rights, the honor, and perhaps the peace of dur
country may depend.
FELLOW CITIZENS,
IT is unfortunate for the happiness of
mankind that ambition, avarice, or re
venge have always governed the councils of
the most powerful nations. In the earlier
ages, their ignorance and barbarism were
some excuse ; but rt is aftonilhing that learn
ipg and the arts, while they have enlighten
ed and embellished the people who have en
couraged them, seem not to have foftened
the ferocious temper of their governments.
Thefame thirst for dominion and revenge,
the fame difpolition to controul the weaker
Nations, prevail aft formerly. It is almost
in vain to seek for a foot in the civilized,
world, where the hand of power, or the in
struments of avarice, will not reach us by
their force or influence^ The blessings of
peace and freedom, if ever they are to be
found, can only be uninterruptedly enjoyed
by a people remote from the busy and per
plexed theatre of Europe, and who either
possess fufficient force to protest their mari
time rights, or are content to relinquish them
during a contest among the great powers.—
If they determine upon the firft, unless their
force is such as to make their junaion with
either a serious inconvenience to its adversa
ry, they rifque the evils and calamities of
war: if the latter, the loss to a commercial
people is incalculable ; every class feels it ;
the merchant, the planter, the mechanic, are
alike affeded by its consequences.
I have always considered it among the
hardlhips of mankind, that no nation how
ever just and impartial in it conduct to others,
or disposed ftri&ly to adhere to its duty as
neutral, however innocent in its adts, or ufe
ful in its commerce to the belligerent pow
ers, is fuffered to escape. From their recent
behaviour it appears as if no desire to exhib
it the most marked impartiality, no conde
scension, no wilh to oblige, will save the
commerce 'of this country from their raven
ous graft. The conduct of France, in cap
turing- our vessels, no man can palliate : it
seems to have originated equally in folly and
blindness to their own interests ; and all that
we can at present hope from their earnest
desire to negociate, is, that having seen their
error, they Will make ample reparation. —
But what shall we fay of the captures of our
vessels lately made by the Britilh cruisers in
the Bahamas and the Weft-India Inlands ?.
It has so aftonilhed me, and appears so con
trary, either to the policy or interests of their
government, that it is with difficulty I can
believe they are warranted by its orders.—
They have become, however so numerous
and alarming, and amount to so serious a
sum, that they loudly call for the interfer
ence of our government —firft, to remonstrate,
calmly to enquire into the reasons, and, still
presenting with sincerity the olive branch, to
ask for redress. I know too well the value
of peace to my country, to with it risked for
trifling causes ; growing as we are in wealth,
in population, and in consequence, its conti
nuance to her citizens is, of all things, the
most valuable, except their national honour.
This however, must at any time be preferv--
ed. With dates as with individuals, to pun
ish the firft insult is of infinite importance.
Our government, with refpe& to France,
has properly chosen this condua : and it
would be as impolitic as difanorable for her
to deviate from it with regard to G. Britain.
Far I am from hoping that we shall be ever
driven to the painful necessity. We trust,
that a nation which speaks so loudly of her
justice, a nation which declares she has en
tered into the contest with France with no
other view but to secure the order and peace
of Europe, only wants to be informed upon
the fubjed, that the moment she knows her
cruisers have violated the rights of a friendly
and unoffending power, she will not only
make ample reparation for our losses, but
punish the aggression of her officers in an
exemplary manner.
Understanding, as she well does, her in
terest, she must know that the condud of the
American government towards her, has not
only been ftrialy just and infpartial, but that
they have been charged by othe^hations with
" WRITTEN BY
CHARLES PINCKNEY,Efq.
SENATOR FOR SOUTH-CAROLINA IN CONGRESS.
NUMBER 12.—VOL, I.]
From the Charleston City Gazette.
PORTSMOUTH, (NEW-HAMPSHIRE) PRINTED AND PUBLISHED BY GEORGE JERRY OSBORNE, jun. MULBERRY LANE, NEXT DOOR TO ROUSSELET's MUSEUM.
“ WHEN YOU SHALL THESE DEEDS RELATE, SPEAK OF THEM AS THEY ARE so NOTHING EXTENUATE NOR SET DOWN OUGHT IN MALICE."
The Republican Ledger.
being too conde fee nding. At no period,
more than the present, must she feel the im
portance of our commerce. Possessing as we
do articles of the firft necessity, and valuable
materials for her manufactures, and un
bounded in our use of them, where has Great
Britain so excellenta customer; or one whose
trade she should more encourage and protestr
One from whom so much is to be made and
so little apprehended ? We have no formida
ble army or navy to threaten conquests or in
vade her maritime rights—we have more ter
ritory than we can fettle for ages ; and our
remote situation, the nature of our govern
ment, and the temper of out citizens, forbid
the idea of our even wishing to acquire dis
tant possessions. Throwing therefore jus
tice, and the rights of neutrals out of view,
Purely, a fafe and extensive intercourse with
such a people, must be of infinitely more va
lue to Great-Britain than any temporary ad
vantage which may accrue from fuffering
her cruisers to enrich a few licentious indi
viduals, at the expence of our friendihip and
connexion.
However Hitherto fallacious the idea has
been, I still entertain the hope, that the na
tions which have injured our commerce,
will be sure that their interest, as well as
their honor require a different behavior : that
much greater and more solid advantages will
arise from an open and fair trade, an honor
able and just conduct, than the little degrad
ing system of private plunder : that the cap
ture of harmless and unarmed neutrals, and
the ruin of ignorant and unoffending families,
is unworthy the policy of a great nation :
that although they may enrich a few indi
viduals, they never increase the public wealth;
that the benefits to be derived from them are,/
in a national point of view at any rate small;
but that when compared with the ingrati
tude, and too frequently perjury they occa
sion to unprincipled mariners,the corruption
which it is said they sometimes carry upon
-the bench of justice, and the spirit of robbe
ry^nd licentiousness they introduce, they are
tri sing indeed. It is therefore to awaken
them to a sense of their true interest, to allay
the spirit of retaliation and revenge, which
is rapidly growing in every part of the union,
and before it is too late, to open the way to
such explanations as can alone preserve to
both the blessings of peace, that these re
marks are submitted with the- belt and most
amicable intentions.
The captures made by the Britilh cruisers,
have for a considerable time been extremely
ruinous to the American commerce. Their
depredations, which they have never ceased,
even lince the formation of the treaty, have
lately become so numerous and important,
as to oblige the merchants to look to their
own government for redress and protection.
Many of them to my knowledge, are enquir
ing the belt means of applying for this re
dress, and they will no doubt be heard with
the attention due to so important a class of
our citizens. The real merchants, the men
who trade on their own capitals, and are not
the factors or agents of others; are of such
consequence to our commerce and revenue,
that it is impossible to separate their interelts
from that of the owners of the foil, or in
deed from the government itfelf: jhey are
so intimately connected, as in a great mea
sure to depend upon each other. The value
of our exports depend upon the capitals, and
the number of merchants who are to pur
chase them —the competition they create,
and the fafety with which our produce can
be (hipped. A great ,art of our revenue
depends upon the fame circumstances : —for
without fafety to the transportation, and pro
per prices for our exports, our importations
mult decrease, and the revenues be lelfened.
Hence arises the unavoidable necessity of our
government interfering to protect their mer-
When a nation censures the ads, or com
plains of the injustice of another, it is pro
per for their government, or its citizens, to
(hew, not only that they have been just and
upright themfelvefs, but that the injuries
they have sustained have been produced by
unjust and illegal measures on the part of
those they complain of, and such as hre not
warranted by the law of nations, or the trea
ties existing between them.
The fubjeft therefore 1 intend to difeufs
in the pretent number, is the immense a
mount of American vessels and property tak
en by the Britilh cruisers, and carried into
the Bahama and Wed-India illands, and 0-
ther parts of their dominions, and the rea
sons given by their judges for their condem
fttion.
WEDNESDAY, NOVEMBER 13, 1799,
The King is. the Brigantine Felicity and cargo.
The Felicity and cargo were owned by
an American Citizen, and were arrested on
a voyage from New-York to the Havanna.
/ A part of the cargo turning put, upon
search, to be contraband of war, both ves
sel and cargp were condemned as a lawful
prize.
It results from these statements, that a
Britilh fubjed, who since the commence
ment of the present hostilities, that is Feb.
1793, has obtained letters of citizenship, or
in any manner been admitted a fubjed or
citizen of a neutral power, trades with any
of the nations at war with Great-Britain, he
is liable to have his property engaged in such
commerce seized and condemned.
In difculhng the opinions and pretences
upon which the commerce of our country is
so much plundered at present, and on which
its future fafety so effenually depends, I shall
firft confider the queftra " refpe&ing the
right of a citizen to leave his country and
charge his allegiance, and'what is the law
of nations on this fubje&. No question is
more celebrated in the ancient and modern
world than this. Among the ancients, there
was no doubt a citizen had a right to leave
his country whenever he thought proper. —
As Rome,from her power and influence, and
the knowledge of public affairs, unquestion
ably didated and fixed the general opinion, I
shall confider it necessary, with respect to the
sentiments of the ancients, to give the usage
chants, whenever they find their property
exposed to seizures and condemnations un
warranted by the law of nations. To shew
this will be my endeavor. I shall not apply
to the passions; but to the judgment of my
readers. I have already said it is equally
my intention and wish to allay, and not to
provoke ; to produce redress by amicable
riegociation, to finooth the way to that un
interrupted commerce which I well know
to be among the greatest blessings either na
tion can enjoy or secure.
Amidst the variety of captures which have
been lately made, the number condemned in
the month of August, at New-Providence is
the most formidable we have seen ; it a
mounts to a sum little short of 300,000 dol
lars. If any thing like the fame number of
captures is made in one month, and carried
into and condemned in the ports of Jamaica,
Antigua, Barbadoes; Martinico, and the o
ther iflandftn possession of the British in the
Weft-Indies and at Halifax, and they cap
ture and condemn for the fame reasons, all
our vessels they may meet going to any of
the ports in Europe of the powers at war
with them, the American commerce/and so
much of its revenues as is dependant upon
it, is in a fairway of annihilation ; and no
people who have any claim to prudence,
will censure the interference that is claimed.
Out of the numerous condemnetions which
have been made by the Britilh couri of vice
admiralty, I shall felea the following, as
they contain their own statements, with the
reasons of the presiding judge.
Mackay and Nich, is. the Polacre flip Adams,
and cargo.
The Polacre ship Adams was captured on
a voyage from New-York to New-Orleans,
and was condemned with her cargo as prize
to the captors.
It appeared, that the owner, who was on
board at the time of capture, was born in
Ireland, had removed from thence and fet
tled in the U. States of America, in 1792,
and had been admitted a citizen in due form
of law, in March, 1796.
Condemnation was urged on three grounds:
ift. That the claimant was not an Ame
rican citizen, but a Britilh fubje&.
2d. That the vessel was an adopted veflel
of the enemy.
And lastly, that the property was enemy's,
and the claimant only covered it in his
name.
The judge, in his decree, confined himfelf
to the conlideration of the firft point, and
declared that the claimant being a natural
born fubje& of his majesty, and not being
admitted a citizen of the United States of A
merica until March, 1796, could not be con
sidered, with refpe& to- Great-Britain, as a
citizen of the United States, so as to entitle
him to trade with the enemies of the king.
That contraband goods found on board a
vellel, make all other articles in the fame
vessel belonging to the owner liable to con
fifeatipn ; and that contraband articles, if
(hipped by the owner of the vessel in which
they are found, fubjea the vellel to condem
nation.
[I DOL. SOCTS. PER ANNUM.
of the then miltrefs of the world as collected
from Cicero, the most learned and eloquent
of her statesmen. He fays “ that by the
constitution of the Roman commonwealth,
no citizen could be forced to leave the com
monwealth ; or,if he pleased, not to leave it,
when he was made a member of another he
preferred to it. That a little before his re
membrance several citizens of Rome, men
of credit and fortune voluntarily left that,
and fettled in other commonwealths—" and
the way, fays he, is open from every date to
ours, and from ours to every date."'
This was the opinion of the Roman re
public, and of its luminary, Cicerg—than
whom the world has not seen a greater man,
either as a writer or an orator.
In examining the leading modern authors
on the law of nations, we shall find a general
concurrence, at lead so far as to establish the
opinions necessary to my present purpose.
Grotins, in treating of this fubjed, fays,
" Nor are we speaking of going out of one
part of the state into another part of the
fame ^ but out of the whole state or extent of
the dominion of the sovereign. That we
ought not to go out in troops or large com
panies, is Efficiently evident from the end
and design of civil fcociety, which could not
subsist it such permiflion was granted ; and
in things of a moral nature what is necessa
ry to obtain the end, has the force of a law.
But the case seems quite different when a sin
gle person leaves his country, as it is one
thing to draw water out of a river, and ano
ther thing to divert the course of a part of
that river. Tryphonius expressly fays, that
every man has a right to choose the state of
which he has a mind to be a member. And
Cicero, in his plea for Balbus, commends
that privilege which every one has, of not
flaying in any state against his inclination ;
and he calls the power of either keeping or *
parting with one's right, the foundation of
liberty.
Vattel, in his dissertation on the fame fub
jea, allows that many diftin&ions are ner
ceffary in order to give a solution to the
question, " whether a man may quit his
country, or the society of which he is a mem
ber? ill, The children have a natural at
tachment to the society in which they are
born. Being under the necessity of acknow
ledging the protection it has granted to their
fathers, they are obliged to it in a great mea
sure for their birth and education : they
ought then to love it, express a just grati
tude, and return the benefits they have re
ceived. But every man born free, the son
of a citizen arrived at the years of diferetion,
may examine whether it be convenient for
him to join in the society for which he was
destined by birth. If he finds that it will be
no advantage to him to remain in it, he is at
liberty to leave it, making a return for what
it has done in his favor, and preserving, as
much as his new engagement will allow him,
the sentiments of love and gratitude towards
it."
In another place Vattel fays, "a citizen
may quit the state of which he is a member,
provided it be not at such a conjunaure
when he cannot abandon it without doing it
a remarkable prejudice." And in a third,
“ every man has a right to quit his country
in order to fettle in another, when, by that
step, he does not expose the welfare of his
country."
The result of these opinions is, that among
the ancients the right of a citizen to quit his
country when he pleased was unquettioned.
That among the moderns the right is admit
ted at all times, except at a conjuncture when
" he cannot abandon it without doing it a
remarkable prejudice ;" that is, in time of
extreme danger, when an enemy has actual
ly invaded the @untry, or is about immedi
ady to do so.
This the utmost latitude the meaning of
the words, " without remarkable prejudice,"
will admit. It is allowed that she citizens
who in this situation abandon their country,
endeavouring to secure themselves, inßead of
defending it, manifestly violate the pad of
society, and are deserters whom a state has a
right to punilh ; but it must be in cases of
extreme necessity and danger ; in 'no other, by
the law of nations, is the restraint admitted.
When a country is engaged, merely in a na
val war, or in distant expeditions, and no
danger threatened at' home, her fubjeds or
citizens have then as perfect a right to ex,
patriate' themselves as at any other. Eng
land has been more than one half of the last
hundred years at war, and not above once
or twice during that period has she been at-