The Republican ledger — Portsmouth, N.H., 1799-11-20 00:00:00, page 1

ftls laid t^t the law of England does not per
-1 mit ^ fubjeCt ever to change his allegiance.—
'there is I ant informed, a timilar regulation in
Russo. '1 have proved that the law of na^ns al
lows it in all cases, except in times of extreme dan
and difficulty. It is peceffary for every inde
pendent people to have laws or regulations of their
own, respecting the admillioK of citizens; in de
termining upon these, it would be improper for
them to be governed by the laws or opinions of
particular nations. These vary so much, that it
would be impossible to frame any fyflem that
would suit the whole. The law of nations being
the ancient and effablifhed usage, and paramount
to all facial laws, was the fafelLand moll Droper
criterion. It knows no distinction,and-a\*s upon
general principles ; it teaches us that all men have
a natural right, except in the cases alluded to, to
change their evidence and leave their country for
another ; that, as Cicero fays, "The way lies open
to all, and that the keeping or parting with this
right, is the foundation of liberty." It eonfiders
it as a cruel and unjuftifiable restraint, that men
Should be so much supposed the property of the
fikcreign, in Whose dominions they happen to be
born, as to be obliged, either to live there con
flantly, or if they emigrate, that the duties or ob
ligations of fubjefts, Arnold (till follow them ; that
although they might-live in other countries, it
would be under the degrading disability of Rill be
ing considered as fubjetts of the power they had
left, and that they therefore would be incapable
of mixing in the councils of the country to which
they had removed. Defpifing/ac^ aftate of bon
dage, the law of nations gives to every one, as it
ought, the right of living wlrere ire thinks proper,
instead of being fixed to one spot, of becoming, it
be-pleases, a citizen of the world. Nor is this a
new dottrine: it is as old as the Athenian Repub
lic. “'1 would rather, fays Socrates, «be a citi
zen of the world than of any particular common
wealth.” Nay, so fixed was this opinion among
the ancients, on the right of a citizen to leave his
country, that in difeuffing it, Demaratus exclaim
ed, " he would prefer being banifked than to be
in servitude at home."
The opinion of all the belt modern writeis are,
2SI have quoted, that except in times of extreme
danger,'a citizen has a right to change his Situation
and residence, and it is on this opinion the United
States have founded their law. Considering then
habits and principles it was impossible to frame it
upon any other. Every American citizen is born
free, and glories in it with reason. The firft lellon
he receives from his father,and the first he transmits
to his son, is, that independence is his inheritance ;
he is proud of being hihifeif; of thinking, feeling^
and anting for himlelf ; he can have no idea of be
confined to one country, or one allegiance, it he
thinks proper to change them. Intheir aft, there
fore it was impossible for them to make any dis
tinction or to pay any attention to the local laws
of particular Rates. They have been obliged from
circumstances to vary the time necessary to entitle
an application to citizenship ; the relidence pre
vioufly necessary, in the year 17,3, was two years :
so that all the citizens made in that year, mu have
been in this country two years before. Many
them have been here a much longer time, as it is
well known that there are this moment a great
number of the natives of Britain, rebdent in the
United States, who have been so long before 1793,
and who Rill continue fubjefts of that power.—
All those who became citizens in-1793 or 1794,
must have, from the law admitting them to citi
zenship, been here so long as to prove at once that
they left their country before the war, and in a
time of profound peace ; and yet by the decree
the judge of New-Providence, they are not to be
considered as citizens, and are liable, if they at
tempt to trade under the American flag, to have
their property, engaged in such commerce, seized
and condemned. 1 will alk, under ,at pretence,
under what colour of law, or ot reason, can these
condemnations take place or be justified
• It is uuiverfelly admitted by all the writers, an
cient and modern, that in time of profound peace
a man has a right to leave his country. 1 have
ihewn, from the residence previously neceflary to
qualify for citizenship, all-those who were admit
ted io 17.93, and x 7 94> must have left Greaffn
when it peace, and therefore, with reject to
those there can be no doubt; among well informed
. judge's, that the Providence judge has violated our
Central rights, and that it is the duty of our gov
ernment to seek redress. lam no, ^,ut 0^
that the policy of amicably granting it, will be
seen and pursued. It might also lead «> e xpl^
lions bn the fubjeft in general ; for u °der ^elaw
of nations, I hold it to be a clear and undoubted
right, the fubjeft or citizen of every power pos
sesses, to change his residence and allegiacce, ex
eept when his country if actually invadeci by a
foreign force, or is in imminent danger of being
so or has a contest amounting to war raging within
it that it is a privilege founded in the law of na,
tio'i* and the reason of things; and that the laws
of Great-Britain, and the other countries which
differ are unnatural infringements ofa right their
Creator mutt have intended every human being to
pofle's; that the United States, having afted upon
^ this ^, it is tbeir ^^o protest the lawful
commerce of those the,fc created citizens ; that
otherwise their grant of citizenship is a public de
ception. ruinous to the interests of those tlieir laws
upon this fubjed have entrapped, and unworthy
the justice and honor of the American nation.l
I have now secondly to Corifidefthe deterffifo
lion given by the judge, reteft!^^ff%
tian of all the goods on bdatd any vetlutbetodgnig
;, the feme owac^who may have Shipped any
CHARLES PINCKNEY, Esq.
SENATOR FOR SOUTH-CAROLINA IN CONGRESS.
NUMBER 13, —VOL. 1.,
- (Concluded from our la(l.)
From the Charleston City Gazette.
PORTSMOUTH, (NEW-HAMPSHIRE) PRINTED AND PUBLISHED BY GEORGE JERRY OSBORNE, jun. MULBERRY LANE, NEXT DOOR TO ROUSSELETs MUSEUM.
— I in. — - — to—ttfe
" WHEN YOU SHALL THESE DEEDS. RELATE, SPEAK OF THEM AS Th^ ^A : ;,V\)THING EXTENUATE NOR SET DOWN OUGHT IN MALICE."
WRITTEN BY
rtl TV 1 1* "- T; 1
The Republican Ledger.
contraband goods, even of the fmallelt value ;
and that contraband goods, shipped by the owner
of the vessel, renders such veflel liable to condem-,
nation.
- The property of American citizens depending
upon this construction, being to a very grea. a
mount, and as it may hereafter materially effect
.them, I have considered the fubjeft with all the
care and attention Itould. I have searched into
every authority within my reach' I and after the
mod deliberate and impartial examination, do not
hesitate to pronounce it a most unjust and illegal
decision—one as unwarranted by the law of na
tions, as it is by the laws of England, or the deci
sions and opinions of their ablest judges.
As the question is of infinite importance, I trust
my countrymen will not confider me as unreason
ably trefpaAing upon their patience in making the
following observations.>
It is agreed by all writers, that fllips of war, or
privateers, are not to attempt any thing against
the law of nations ; —they are not, by assaulting
within the port of a friend, to disturb the peace
of the place, for it must be inviolably, preserved ;
they are carefully so attend the league of their al
lies, neuters and friends, according to tlieir various
and several treaties; and therefore, by a marine
treaty between Charles 11. and the Rates of Hol
land, the commanders of privatees are to give se
curity for their behavior, exactly in the manner of
the treaty of Great- Britain with the United States;
indeed, it appears to me that the whole of the
19th article of the treaty is copied nearly ver
batim from that of 1674.
By other articles in the said treaty, if torture,
cruelty, or any barbarous usage after capture, be
done to the persons taken in the prize, the fame
mail difeharge such prize, although foe was lawful
and the captains mail lose their commissions, and
they, and the offenders, be Subject to pnnifliment.
—This agreement between the English and the
Dutch, ought to be a Standard to all nations ; and
by the treaty of Utrecht, there is an article with
France to the fame purpose.
Ships carrying powder, Shot, guns, fwords„and
other warlike instruments for sea or land, bound
for an enemy from a neuter nation or Rate, in am
ity with both the belligerent powers, Shall be tak
en as prize, provided they are wholly laden with
them. Money, provisions, Can only be interrupt
ed in time of extreme, neceffiiy, When the war is so
, Severe that a prince cannot possibly defend himfelf,
or damage the enemy, without intercepting such 4
/things : and it is now agreed and fettled by nu
merous treaties, that those things which may be
tiled out of war, or in war, (except Ships) Shall not
be called prohibited nor liable to condemnation ;
unless carried to places besieged ; and universally
considered as a rule not to be questioned, that
goods made use of for pleasure and luxury only,
are free in neutral mips. But the part of the law
of nations established on this fubjeCt, which claims
peculiarly the attention of every American citizen,
is, "that in case part of the lading of a Ship is pro
hibited only ffiall be judged prize, and the Ship and
the remainder of the cargo be discharged, which
•may proceed in the voyage on delivering up the
other goods, without being even brought into
port. But if a Ship be wholly laden with contra
band goods, then and only then, both the Ship and
the goods may be made a prize."
These are the fettled and established rules which
govern all well-informed and impartial tribunals,
in deciding upon prizes, and I mail examine how
far they are consilient with the treaty made by
Great-Britain with the United States, and whether
that treaty has not, with respect to contraband,
expressly Stipulated that a conduct mail be observ
ed by the Britifli tribunals exactly the reverse of
the decrees of the NaAau judge.
The 17th article Stipulates, that if any vessels are
detained on suspicion of having enemy's property,
or contraband goods on board, they flhall be carri
ed to the nearest port; and that which belongs to
an enemy mail be made prize of only, and toe ver
fel mail be immediately at liberty to proceed with
the remainder. The 18th article declares what
mall be contraband, adding to the usual lift, tim
ber for Aiip building, tar, rufin, copper ip Sheets,
fails, hemp, and cordage, and generally whatever
may serve for equipping vessels, except unwrought
iron a^d fir planks. The fame article expressly
declares, that whenever provisions, or other arti
cles, not generally contraband, may by the exist-,
ing law of nations be considered so and be Seized,
the fame Shall not be coufifcated, but the owners
Ihalfmake full compensation, adding a reasonable
mercantile profit, and freight and demurrage, in
cident to such detention.
Although I have ever disapproved of these arti
cles in the British treaty, and clearly forefaw the
evils which have arisen ftom our giving a colour
to the British cruisers to take and detain our vef
-fels on any pretence, the extending the lift of arti
cles declared contraband of war, and yielding to
their Seizing our provision mips ; yet upon com
paring these regulations with the decrees and con
demnations of their judge at Nassau, we are alton
ifhed beyond expreflion, that so open a violation
of justice, of the laws of nation, and of existing
treaties, Should be attempted by any judge acting
under the authority of a nation which boatts So
much of the purity and impartiality of her tribu
nals. , .
No one can now for a moment doubt, that not
only by the laws of nations, the laws and adjudi
cations of England and' her courts, but by the ex
press provisions of their treaty with the U. States,
thr Britim cruisers are bdund net to touch any
part of an American cargo, except such as is ene
#my's property , or undoubtedly Contraband accord
ing to the laws of i^tiohs ; that it is stipulated in
the molt pofirtve manner, in the case of provisions
and articles not generally contraband, but which
may by the existing law of nations be considered
so, and for that reason carried into port, that they
malfnot be coufifcated or condemned ; but that
the o^erl thereof mail be completely Indemujfr
%Qjgfivitti a reasonable mercantile profit. The
fs&&refore at Nassau, or any English judge,
was bound by the rest powerful reasons to refpc&
WEDNESDAY, NOFELBER 20, 1799.
all American property, except ammunion or im
plements of war. The treaty expressly forbiris
their condemning any other part of it ; and it was
his duty in all the cases mentioned, only to have
coufifcated the military Stores, or what was clear
ly proved to be enemy's property. As a judge,
instead of tarniffiing, he Should have considered
himfelf the guardian of the public honour of his
government, the preserver of her treaties, and the
protestor of those rights me had Solemnly promis
ed to maintain inviolate towards a neutral and
friendly power.,
I had preceded thus far in the present number,
when I received information that the spoliations
upon our trade, and the number of the vessels car
ried into Kingston in Jamaica, exceeded those
carried into New-Providence; and that the lift
;expected from Martinico, Mountlerat, St. Kitt's,
and Tortola, were comparatively large. In this
distressing dilemma, it behoves every friend to his
country to unite in endeavoring to obtain the ful
lest information. The merchants who mull be the
molt interested, are earnestly called on, & request
ed to forniSh particular and authentic documents
of their refpeftive losses ; it would perhaps bebefl
to fend duplicates, transmitting one copy to the
Secretary of Rate's office, and the other to one of
their Reprefentatites in Congress. This mould be
done throughout dll the ports of the United States.
No time is to be loft ; the meeting of congress ap
proaches, and they Should have the fulleft inform
ation. The merchants Should recollect that the
reasons given by the judge,,and which we are to
presume are the reasons which govern all the Bit
ifh courts of admiralty in the Weft-Indies go al
- moR to the annihilation of our commerce, partic
, ularly in the Weft-Indies. That which refpeds
'Britim rubjeds made citizens since February, 1799,
'is highly important ; but the doctrine respecting
contraband, is absolutely the moR ruinous and ille
; gal they could have devised.
We know that the lilt of contraband articles,
as established by the law of,nations, is frequently
altered by agreement between different powers. I
have examined a variety of treaties in u hich these
articles have been altered, Some treaties leflemng,
others increasing them. The treaty between G.
Britain, and the United States, enlarges them very
much ; there is Scarcely one between commercial
nations in which it is not an important article.
To know therefore exactly the State of contra
band articles, as they Stand between different
counties, requires researches and examination, to
which none but men in the habits of public bufi
nefi are much accustomed. It is not to be expect
ed that every merchant, or Supercargo, or matter
of a vessel is a man of setters ; that he is to be ac
quainted With the law of nations, of to under
stand in what particular Situation parts of their
cargoes may become contraband. Nine tenths of
thearticles shipped by a merchant may be proper,
and the remainder may, thro' ignorance, be con
traband ; nay, a fotgle article may inadvertently
have been shipped ."and toe this^ trifling mistake
he is to forfeit perhaps his all ? Can this be just,
or is it consonant with those principles on which
the laws that govern Rates in their intercourse
with each other are founded ? The cases which
Sometimes occur on what is, or what is not, un
der existing circumltancs, contraband, require the
nicest distinctions; the mod able and experienced
judges have often differed upon them : how much
more reasonable then is that law, which does not
expect from every one concerned in trade an ac
curate knowledge upon the fubjed, and only for
feits the article that is contraband ? I willftill in
dulge the hope that upon serious and attentive
consideration of the fubjeCt, Great Britain will
find it her pfycy to remove and correct, the inju
ries which determinations like these produce. It
must always be her interest to protest the just
rights of commerce, to support those principles
which promote the labours of mankind, Since She
herfelf like the United States, can only be great
from the virtuous industry of her inhabitants.
The project of having alone the empire of the
sea, and not only monopolifing, but treating all
kinds of commerce as Site pleases, is not less chi
merical, or less deftru&ive, than that of universal
dominion on the continent. It is to be wished,
for the happiness of mankind, the English were
convinced of this truth, before they leain it by
their own experience. France has already re
peated many times that it was neceffar, to estab
lish a balance of power at sea, a»d has yet pur
fuaded nobody, because they supposed she wished
to be the ruling power, and by leflening the force
of the English, more surely to give laws to the con
tinent : but if England continues to abuse its
Strength, and exercise tyranny on commerce, all
the other Rates, that have flrips and seamen, will
be compelled to unite against her, and assert their
rights.
The United States are probably soon to take a
new Ration. They are about to enter upon a ne
gociation with France ; and the present uncer
tain Rate of th ir commerce with Great Britain,
the difficulties which have arisen respecting the im
merse claims, amounting to millions, made by
British fubjeas under Mr. Jay's treaty, and the
succession of American Commissioners, mutt open
a negociation with that power ; one in which ev
ery interfering claim, whether of commerce or
otherwise, can be amicably adjulled. Thus will
all the important relations which this country has
with the two molt powerful maritime Rates, and
those with whom she has the greatest intercoms,
be again Submitted to negociation. It will be
opened too, at a time, when, being more experi
enced, and better understanding her true interests
She will probably have k in her power to form
treaties upon principles which way remove the
objections to the present; and probably reconcile
and non ciliate all parties.
That all these difficulties may thus end in pro
ducing toe blessings of a free commerce, and do
mestic harmony, mult be the wish of every friend
to his country. . L ,
I will here conclude, with indulging the hope,
that those Who may direct out affairs, or represent
our citizens in the councils of the union, will up-
The late Orders to “ detain and search also " A
merican vessels, notwithstanding their Convoys,"
is a recent act of wanton arrogance assumed
againß the freedom of our trade. Our Convoys
are now difrefpe&ed, and an American frigate
mult now submit to the humiliating Situation of
waiting till the British Commander gives her per
nfo&i to proceed with her convoy ; and pogibiy
may be placed in a more degrading Rate, by hav
ing.a number of feflels failing under her protec
tion, taken out of the fleet, and lent into an En
glish port for adjudication. What security then
have we from a convoy, as it refpe&s the English;
and how tar will the insurance be diminished by
failing under this protection ?
The Spirit of party begins to subside as it re
lates to the conduct of the English. A general
disgust has taken place at their behaviour, Even
the warm Advocates for the treaty begin to alter
their tone, and the candid among them, cannot but
approve the Sentiments of thole, who were 01igi
nally opposed to it..
In this Rate of things, every real friend to his
country must be pleased with the prospett of re
newed friendfllip between France and the United
States. The intercourse between the two coun
tries must be a delirable object to every well-wish
er to the happiness of America :—the interruption
of this intercourse, has not made the British more
friendly to us, neither has it given us any commer
cial privileges in the EngliQi ports. We have Sac
rificed a large proportion of our profitable trade,
without any one benefit received in consequence
of it. The damage is undoubtedly more disadvan
tageous to us than to France ; as we do not find,
that either in Europe, or the Weft-Indies they have
experienced any eflential injury ffem ouf with
drawing our intercourse. Ihe profitable voyages
heretofore made to France, are evidences, that the
injury is more agajuft ourselves, than against them.
We have so contracted our commerce, and con
fined ourselves to particular ports, that the mar
kets at these places have been glutted to such a de
, gree, as not to fetch, in many instances, the firft
cott. Although we have given the English the
principal advantages of our circuitous trade by
remittances, yet their generosity has not led them
to favor in the lead refpett the commerce of this
country. New Orders are constantly embarraiing
us in all our mercantile translations. One happy
consequence of our Envoys to France, we please
ourselves will be, the renewal ts our commercial
intercourse. <^:*
This joyful event is the principle cause why the
British advocates are opposed to the mission—an
eternal diflention is the great objeft of their pur
suit. They are delirous to concentrate the Trade
of America, to their sole benefit. To Strike from
our Commerce the great territory of France, and
check the advantages that mult naturdljrflow to
this country, by a trade with 30 millions of peo
ple. The benefits of our intercourse with Frame
are as 6 millions to 30 ; the profits upon a com
mercial calculation is in this proportion, and it re
quires but a little koowleage in arithmetic to
know, that a country of 6 millions of inhabitants,
trading with another of 30 millions the benefit
must ultimately be to thefarncr./
[1 DOL. 50 CTS. PER ANNUM. {
on ecery occasion ft.ffer themselves to be alone
governed by the principle of impartial justice to
nations, by an upright and Ready attention to
' ] . e .," e interests of their own country ; that they
will countenance no improper partialities for some
nations, and dislike to others ; that they will by
no meanspermit their public opinions to be influ
enced by the hope or expectation of what niighc
happen in Europe; that this was of all things the
molt changeable and uncertain ; that so much de
pends upon success, or misfortune in war, niy fte
upon the event of a tingle battle, upon the
ability and fidelity of a general, the zeal of his
troops, or the enthufiafra of a people, that it was
almost impossible in one year to fey what may be
the Rate of things the next.
The termination of the war is no doubt of the
highest importance to the civilized world ; it is
difficult to fay, how or when it will end. Ac
present it is our duty to guard our rights, and be
just and impartial in our public conduct. The e
vent we must leave to him, in whose hands is the
fate of nations, and under whole protection we
have hitherto been a free and fortunate people.
A Sou th-Carolina Planter.
Charleston, Ofiober, 1799.
From the independent chronicle.
MR. RHOADES.
IO HE sanguine expectations of those who were
JL in favor of the Treaty, begin now to fub
hue. Instead of receiving their money for adjudi
cated property, they find themselves as far from
payineut, as on the day the ratification of this in
ttrument commenced. The principles which ac
tuated the advocates were, The expectation of ob
taining immediate, and ample compensation. Buc
year alter year has patted away, but alas ! the
long looked for indemnification is become the
baseless fabric of a vision ! The debt for captures,
instead of being lessened, is daily increasing, and
the Sticklers for the treaty are constantly receiving
advices of captures, and condemnation—The Rate
of this bufmeis proves the propriety of the obser
vations made by those, who were opposed to it.
The advocates were early told, that they would
be disappointed in their expectations, and that all
their rejoicings on the Subject, would in a little
while become fallacious.
The British have in fad increased in their inso
lence Since the completion of the Treaty. They
have aSlumed an austerity of conduct, far beyond
their former arrogance. We have Suffered more
from their governmental vessels, than was hereto
fore practiced ; —we have had more insults offer
ed to our Seamen. Our flag has been more difre
fpefted4—and their captures have been more gen-t
era! Since the treaty, than before. As they become
Successful against France, they increase in their in'-
folence : and so far from estimating our friendships
they extend tlieir wanton edicts to injure and eig
barrafs our commerce.