The American herald of liberty — Exeter, N.H., 1793-12-17 00:00:00, page 1

t • ■ y J tO'- '
Mijcellany.
•.-> * - v '
Fr;« the COLUMBIAN CENTINEL..
* No. HL
S HE Letier From the Minder of the
French Republic co the Secretary of S ate re
lative co the revocation of DuflainPe exequa
tor, has been a fruitful topic of (peculation co
the American publ c. The mine isfiaree*
Jy capable of ebreeiving, not the language
’ of expressing a fenriment o f dtfguft and io
dignaaon, b-at-whai has been liberally te
ftowed upon this Angular ebullition of dipio
m fie frenzy. Even the most fheaucus ad
vocates of our dependence on Frartee^have at
> length been compelled to feparare the caule
of the country from thaTcf the man, and to
abandon the jollification of the representative,
while they still affed’ to dread the refemment
’of his constituents. They pretend to think
that the government of France, will support
the extravagance & violence of the Minister ;
that they will countenance his exetfles which
h's warmest American friends dare not at
tempt even tO'cxtenua e,and that although
the forms of his proceeding do not admit of
palliation or excuse ; yet the iubftance of nis
objUtibns agrinft Duplaine’s difm>flion was
not without foundation, as the Prefidentof
the UniiedSta.es was not expressly authorised
by the constitution to revoke the exequatur
of the French Vice-Confui.
h js by no means my intention to intrude
myfdf undbthorifed, untHought of, and un
called for, upon the public as the champion
or defendant of the Preftdent’s meafcres. I
could have vi’ifhed it were pofiible, that an ex.
amination of the Ambassadors conduft and
pretensions, might have been made ahogeth*
er independent of any reference to the pro
ceedings of our o« n government- Because
on the one hahd it is lo easy to attribute-sinis
ter motives', to a political writer, that I ihould
have been desirous to avoid any difeuffion
which might be fufpede£ cf originating in
pr vaie purposes 5 aad entire O-her,being to
tally unconneded with the Wuftiicbe charac
ter at the head of the ucidn, and with the go
vernment oyer which he presides, 1 can tea
fon upon the propriety of thdir measures, on
ly from what is publickly known, and may
possibly contribute to weaken the effed of
their authority, by an attempt to lupport it
upon the grounds which they perhaJs would
disclaim. A good cause is often injured by
a'n urrlki'lfd defence, and an unfuccefsful ef
fort always kfleus the facility of a piadica
ble operation. But in this in Rance the re
futation of Mr- Genet’s abferdities beceflari* J
ly involves a conlidcratioh of the quellion in
which they originated ; and the evidence of
his fo'ly cannot be produce^ without bearing*
witnels of Ms opponents. 1 mult therefore be
permitted, to take an enlarged view of the
fobje^.rnd in animadverting upon theftrange
and novel principles advanced by the Am
baflador.'to make feme cursory obferyations
upon the principles against which he figs de
clared such rden.lefs war.
In the moath of June last, Antdine Chirbo^
net’ D phine, receded from- the Prefidentof
the United Stares an exeqiiator recognizing
him asVicc-Confuljfor theßepublic ofFrancej
within the States of New-Hampffilre, MafL'-
chnfeus a«d Rhode Island, and declaring
him free to extreife and enjoy such Tunc-,
tions, pov/erS and privileges, as are al-*
loved to Vice Consuls of the French
Republic, by rhe laws, treaties, and conven
tions in that case made provided.
Oh ti e tenth day of Odober laft,the Presi
dent, by letters parent und^r the leal of the
t) J?ed States, did wholly revoke and annul
the aWvd mentioned exequatur, and declared
the fame to be ablolutely null and void from
that day forward.
The reason assigned, by the President for
this revocation, in the letters patent, is
“ that the said Dopfoine having under colour
‘‘of his said office 'committed sundry cn
«< crochments,and iafra&tons onthe laws of
<« the land, and particularly having caused a
veflil to be refeued with an armed force
“ out of rhe custody of an officer of justice,
who had arrested the fame by process from
•• bis court, it was therefore no longer fit ndr
“confluent with the obedience-due to toe
“ law?, that the (aidD t aplaine ffiould be per
“ rniacd to continue in the exercise and cn
“ jeymeat of the (aid fundions, powers, and
N piiyileges.”
h is this-revocation of which Mr. Genet in
his letter to the Secretary of State, by a well,
chofcn expression, hastens to declare that he
db^ not acknowledge rhe validity. . Therw
bns that he gives for his hasty declaration-arc,
EXETER (New-Ham,,Arc) Printed ahd Published by Henry' Ranlet, in Main-Street, at fa foillings and eight pence per annum.
Volume VIIL]
The American Herald of Liberty.
“ that the constitution ct the United States
has n it given the President the right ofexer
cinnflkis authority ; and that i can be ex
e ted only by the sovereign of the agent, or
by tiie one <0 which he ijfen r .” He there
fore demands of the Pre.ident, to procure an
examination by tie legiftlture, represent
ing the sovereign people of MaiTai
chuietts. of th? co nd nd of Citizen Duplaioe,
and modeitly recommends to the Prefidcnc’s
i citation bis own (that is the Minister’s) ex
ampie in demanding of Congress an examfo
nation of his conduct. He infills with lire
more confidence upon this step, because a po
p«’^r and virtuous Jury, th r ce times threw
cut the compUin; of the Attorney for the
Diftrivtof Refton, against Citizen Duplaine,
who, he fays, .was finally acquitted in the
mofl bonou.ab’e manner.
[fore then are blended in a confufion.which
can be accounted for, dnly from the haste cf
the AmbafTador, three very diftindl fubje&s
for rhe confidcrario iof the public. The fi ft
is the dental of the Prefideat’s right to dismiss
a Vice Cooful. The second is the right of
examining Duplaine’s cohduft, attributed ro
the Legifisture of MaHachufetts ; and the
third is the after ion of thcViceConful’s inno
cence, and what is called his acquittal, ft
would perhaps be more regularly methodicrl,
io be whh the conhc’eration of the last point,
in which the whole tranladich, whence <he
contest originated, may be unfolded co the
public. But the queflions of right, are a'to
ge her independent of the fails. It is totally
immaterial to the qaeftion, relative to the au
thority of thePrefioent,whether Duplaine was
guilty df infringing the laws cf the land or
nA- Mr. Genet in fad affirms, that if his
lubahern has been guilty cf all that has ever
been laid to his charge ; nay, that if a Coa
fuiar Agcnr, has, unacr colour of his office,
committed crimes as attrocious as the human
hc«rt is capable of conceiving, and the hand
of-executing ; 'Hill thePrefident has no au
thority to revoke his exequatur, or to refufe
tecognizing him as any longer entitled to the
enjoyment and execution of his Consular
furdtocs. The examination therefore of the
three several points, may purfoe the course
wnich ari.fes from the letter iticlf.
But such is the lingular incoherence of the
Mioiftcr’s political tyftem, that before we can
be admitted <0 the examination of one prin
ciple advanced by him, we are obliged to
contend for another, which ar one inftaat he
formally acknowledges ; ar.d the next mo?
meet, still more formally defies, As er ha
ving read in his letter to the Secretary of
State, an admifiion that the sovereign, to
whom a minidtr er Confulary Agent is feat,
may for good caufo difoharge or suspend, or
fend them away, as a national ad of justice,
it might have been expected, that this prin
ciple would be considered as one of those un
disputed points, one of those data of national
jerifprudence, upon which in fair argument,
a train of reasoning might be founded, wuh
out a previous dembnliration of its truth.-—
What then tnuft be our iurprife.wben j»e per
ceive that this hairbrarn’d Hotfpur of an En
voy, had do sooner made one rational con
ceffipn, than hd repents of it,'and fends off
poll haste, to Citizen Daunery^ inftrucling to
moteft and reproiflft against the ad of the
rrendenr, as afluming a' power which the
nation itfejf could not either delegate or
pcffeTs ?
^Since therefore updn his more mature
refledion, he has thought fit to deny the right
of the natioij l irielf, it becomes nectary to
follow him through’ all. his mazes, and to
con sider how far this laftafteniod is warrant
able. _.,\ v.• ; . \ ; •. .
We are therefore to enquire, whether by
thf laws of nations,there is in every sovereign
and independent state, a pxiwer, competent to
diAnife the agent of a foreign power for en
ctoachmeni upen ajid infringement of the
laws of the land, tender colour of executing
the duties of hie office ?
Ths laws of naudhr/'-rt is'welt known, are
nothing more than, the yriaciples of recipro
cal justice and equity, which common sense
and natural reason didate as having the great
est tendency to promote the mutual advantage
& happiness of al* rations in their intrreourie
witbone another. They derive their obligation
LotnAhat fond’amfental maxim of nature, and
religion, to do unto Oiheta'as we would that
they ffiould do unto u*- The application of
thii universal rule oF right', gives a folytien
to every political queftioq that pan arise a
mong nations as well as individuals. But ds
this, application to every particular tranfac*
lion between politicalfouieties,mightoccafion
perpetual alteration among them,-unlefs feme
Jess comprehensive principles were admitted
as deducible from it, the pradice of all civil
iz:4 nations has been id ask ns fledge thefc
TUESDAY, December 17, 1793.
subordinate axioms, because they have here
.tofcre been auknowlecged in fitnilar cases,
and thus cuflom and precedent have always
been admitted as authorities in support of a
ny national ad, which does not evidently
mutate against the stronger obligations of
• natural justice.
. The opinion of wife, learned and virtuous
.men, who have made the science of national
jurisprudence the study of their lives, and
who have published for the benefit of man
kind the result of their laborious researches,
are likvivifc admired by the common coo
fentet nations, tu have much w eight, as evi
dence of the ccDdufions, which in particular
cases are to be drawn from the general prin
ciple.
It is readily admired,that rail ergumen’s de
rived from the two latter of these iources*of
national law we are fubjed to the cerredion
and controul of the former, and can have no
force otherwise than they are conformable
to it. That precedest L ofren iniquireus.and
the opinions of the ooft ingenious and in
ftrudive writers arc sometimes erroneous.—
They are therefore not to be iropficidy fol
lowed asinfallble guides, but to be recurred
to as experienced cor.dudors, and confuted as
impartial advisers.
When therefore the French Minifier,
“ thankGod,th.it he has forgotten, what Gro
tius, Puffendorf and Vattd, hsve writ en
upon the laws of nations,” he ought to be
told,that his forgetfulnefs “ is not a thing to
thank God on.”—-When he affirms that these
writers “ were hired jurifprudifts, and wrote
when they were all enchained,” he asserts
what is not true—Gro ins, the venerable and
fuccefsfol defender of the Chnftian Faith ;
the learned and ftrtnuous supper cr of rhe.
freedom of the sea ; the firm and dauntless re
publican aflbrter of his country’s rights against
the encroachments cf princely uforpation,
was one of the greatest and illustrious men,
that ever adorned and dignified the human
charader. Puffendorf, was indeed ibe fub
jeft of a monarchical government, but his
reputation as a man, was such as would have
done credit to the most virtuous Common
wealth of antient or modern times ; and his
system as a writer pursues the path which Gr
otius had explored, and is only an improve
ment upon his principles. Vatrel himfelf
declares “ that he was born in a coumry of
which liberty was the foul, the treasure and
the fundamental law,” That be would net
have written if he could not have followed
the light of his conference. That nothing re
ft.-ained his pen, and th^the was incapable of
profiituting it to flattery. To infulc the me
mory, 2nd Bander the teputation cf men like
these, of men whole virtues and genius have
deserved well of mankind,does as little credit
to the head, as to the heart of Mr. Genet. It
is not the liberal and enlightened spirit of
freedom, but the-furious ignorance of the
Mahometan barbarian,who burnt the magni.
ficent library of Ahexandria,becafife th'e con
centration of all wisdom end all virtue in
the Koran, rendered every other bock useless
x>r pernicious.
Jf however the Minister will infill upon
forgetting all the memorials cf former wisdom
it is to be hoped', that he will permit the Ame
ricans to retain This memory as a companion
to their sensek I .—They have no disposition i
think toplunge into the fame Le.hean fiream*
and if any of their devotion fficuld be exci
ted upon the occasion, they Will rather pay
theij tribute of gratitude to the common
parent for what they rememeber, than far
what they have forgotten ; rather for the pof
feflidn, for the loss of their recolle&ion.
- COLUMBUS.
From the (N. T.) Daily Advertiser.
- ; TO THE PUBLIC.
ALTHOUGH, well conftKuted, free gov
ernmeuts only, can give and preserve
to men the enjoyment of rational liberty, ytt
no government Cass liberate individ’utfFs from
-the tmpulie, and domination of their paffienj.
—Hence it is that the exceffe&of thefepaffions
so frequently produce parties in all commu
niiies, and that prfbital motives', are so often
found to be masked by patriotic proses
■ fionsi . ‘
White the people cohtince enlightened and
watchful, they may experience inconveniences
.f< om such par tie»; but most alarrtilng are the
mifehiefs they Cause, whenever they become
seduced, inleded, and inflamed, by foreign
influence.
The hiftory of mankind has in ay ages de
clared and proved, that foreign influence is
the. most- fobtie and fatal pcifon that can be
- communicated: to a. nation ; for numerous and
melancholy are the InManccs of great, and
powerful, and once happy States, who under
ics operation, have either expired in violent
convulsions, or been reduced to a dec fora be
fta*e of debility and'infignifirance.
Vt hen at Philadelphia, in July last, we fre
quently heard that Mr. Genet, the-French
minister, had on a certain occasion said, “ that
he would appeal from the President to rhe
people,”—an appeal by a foreign Minister
from the President to the people, appeared to
us to be a fenous and alarming mcafore:
That a foreign Minister finding it impcffible
to bend the government iohispurpofes, ffiould
turn from it with disdain, to the citizens at
forge, and b-fore them impeach the wisdom
or virtue of the administrator, would be a
proceeding unprecedented and unperm t ed
in every well policed Sta e ; it would ; be a
proceeding evidently and necefi'atily, product,
ive cf panics, practices, and intrigues, high
ly detrimental to the peace and independence
of the country ; and in a variety of refpeifts
offenfive to the dignity and sovereignty of
the nation, as well as humiliating Sc injuiious
to i s conftiru ed authorities.
We left that city well convinced that Mr,
Genet bad made such a declaration. On our
return to New-York, we found a report of
that declaration had preceded us, and that it
had made the fame impression upon others,
that it had made upon us : We were cfked
whether it was true ? We aufwered that it
was. To many, a declaration so extraordi,
nary did not appear probable, and our having
aflerted it io be true was questioned. We were
called upon in the puolic pajers <o admit, or
deny that we had made fuxh an rfferuon. That
call merited attention.and we thereupon made
the following publicaion:
\_tierijU‘a’ivj the C^rdpubljh.dJame time Jince,.
itgned by Mejfre, Jay and Kll c. ]
Os the time, pjace, occaii a, other
circurnftarces, reta ive to the tr-ufafiion, wq
omicied to give any aecqum j although we
found jf neceflary for the re^foi.s before men
tioned, to avtw our having rwentiaued
that declaration as having really been
made ; yet we hed no cefne or intention, to
come forward as the piofecutors of the French
Minister, before the tnbunal of '.he publick.
In common wi'b other free citizens of a
fcveieign and independent nation, we spoke
our sentiments ;-but we ucre mindful, that
to the government and not to us belonged the
talk of taking such measures relative ;o that
Minister, and his coudud, ns the intirreft and
honour of the nation might require:—Nor
did we deem it receflary to deta 1 at,d ex
plain the evidence on which v.e re^ed our*
aflerticn j for while that >ljiriion remained
undenied, ar.d unconcradifled, by the Min
ister, such a step could neuher le requisite
nor proper ; ro anonymous writers on the
fobjecl in the public paper?, we paid no at
tention, nor all v-e in future pay any.
On the firgdar letter wncten by the Min
ister to the President, end the aefwer through
the Secretary of State, we reiirtin cm (elves
to this remark, that it only denies his having
made such a declaration to the President ;
and that it leaves the question whether he
had made it at all, eatjrely cut cf fight. It
seems that this did not efeape the difeernment
of the President ; for he very julliy cibfervcd,
“ that whether the declaration was made to
him, or others, w^s perhaps immaterial’’—to
whom the declaration was made, was a ques
tion foreign to the inquiry, the true and only’
queflibn being whether he had made such a
declaration to any body. To this queftioa
the Minister gave no answer, and thereby
left the credit cf our aHemon not onjv unica
peaehjed, but also flreng.bcn&d by his silence,
and by his endeavours to elude the force bf
it, by his letter to rhe President.
He m?w denies having m^de ‘ such a dec
laration in what light this, denial is to fee
viewedi wii’j appear from the. foffowjng
ment of the evidence and circumilanccs rcla.
live to the tranfaflfon in qu^ffibh.' v
The President having given 'ihftfQflfons to
the Governors of the levcral ft^ relative co
the fitting out of armed veflefoin our ports,
by any of the belligerent {peters. On Sat
urday t-He 6*h July Uft, the .Whyden of th*
port of Philadelphia, opened to GoViMifiFn
that the Lhtie Sarah since dilied ’ the
Peiif Democrat, (Engliffi mercbw vcfl*} -
. mounting from two to four guns, uken off
our coast, v .d carried into chit port bv the
French frigate the Ambuscade) had materi
ally augmented her military equipments ।
navjßg then fourteen iron cqnnon and fix fwL
vels mounted ; add it being'nWderflbodj that
her ertw was to consist (including officers,
men and boys) of one hundred and twenty,
Gov. Mifflin,, in confeqiience of this infor
mation, sent Mr.. Secretary Dallas to Mr.
Genet, to endeavour to prevail upon hinr to
enter into an arrangement for detaining tire
[Numb. 24