The enquirer — Richmond, Va., 1810-03-16 00:00:00, page 2

'.access, they will proiably agree on some
provisional basis, aud permit trade to ie
a»ume its relations—reserving the ulterior
discussion of the great question of maritime
rights.”
The public relations between this country
and America, such as they appeared upon
the face of the last American news, will, as
ave before hinted, be materially altered by
the contents of this important letter from
France ; the ruler of which here, as we see,
gives up the whole grounds of dispute with
America, and concedes nor a tittle to us.—
“ It already appears to be agreed, that the
visit at sea,” (or in other words, the right of i
search for which we have so long contended,)
•* a measure of policy adopted by all nations,
is not a violation of neutral rights, ami that
the decree of Milan was intended only to
prevent the visit directed by the orders of
Councilof November, 1807; by which ncu
trals were obliged logo to England, and there
pay a tribute.”
Warmly as we have ever defended our
orders in council, we cannot still believe
that this our enemy’s change of tone has
been entirely produced by their operation
upon his commerce; and are not without our
suspicions, that there is an indication here,
of a more general tendency, real or pretend
ed, to accommodation, between France and
America, however, if the preceding intelli
gence be authentic, little, now remains for
adjustment; audit, on the removal of the
American embargo towards France, the
French commercial edicts fall to the ground,
our orders of council (for which the promuL
gation of those edicts was the avowed and
just cause,) must of course drop with them,
without the necessity of a specific treaty.
'J'iiucs.
PRICE OF STOCKS.
Bank stock, 270} 277—3 per cent. red.
ann. 69 5 8 3 4 } j S—3 percent, cons. ann.
69} 69}—Ex. Bills, 11s. 14s pr.—Omnium,
3 prcm.
Plymouth, Dec. 26.
Arrived, the schooner Hazard, from Bal
timore, for St. Sebastians, sent in by the
Neimcn.
Cork Dec. 23.
Arrived, the Virago, from Galway—The
day before she sailed, an American ship ar
rived there, which had been taken by a
French privateer.
Cowks, Dec. 21.
Arrived, the American ship Hercules, in
35 days from Charleston, with coffee, cotton,
*:c. put in for orders.
'l'iie Complanter, Gillies, for Philadel
phia, is ashore'near Sundown, and full of
water.
FROM THE DUTCH PAPERS.
Paris, Dec. 29.
Yesterday the Conservative Senate held a
sitting extraordinary. It is reported, that
there was ^fmmunicated to them, on tiiisoc
cusiou, a draught of u Seuatus Consultum,
lor prolonging the present session c.f the le
gislative body, and retaining, in attendance,
aH the members who shall be present on the
21st instant.
Bayonxf., Dec. 20.
A Portuguese and an American vessel
liavc been stranded on our coasts. There
whs not a single person on br.ard of the for
mer, nor has any thing been heard of lier
crew; of that of the American, which was !
bound from Philadelphia for St. Sebastians, j
and which is a complete wreck, 14 have,
with great difficulty, been saved.
London, January 12.
Bonaparte’s divorce produced considerable I
sensation in Germany. There, as well as |
here, conjecture is busy about his new bride.
Some talk, of the queen of Holland, who is
lor that purpose to be divorced from Louis
Bonaparte; others the Princess of Saxony,
ora Grand Dutchess of Russia—a few say
that he is enamored of a young French lady,
the daughter of a senator.
It is reported by a gentleman arrived at
Portsmouth in an American Ship from
Dieppe, that Bonaparte has at length re
scinded the BERLIN and MILAN DE
CRF.ES.
We have heard that an American vessel
has been brought into Plymouth by one of
Bis majesty’s cruizers having on board a
secret dt spatch from Air Armstrong, :it l’a_
ris, to the secretary and President of the U.
States—This de-patch is slated to be of an j
interesting nature, and to disclose facts < f
the highest importance to Government. On J
the news of the vessel being brought in, Mr.
Pinkney applied to ministers to allow the
despatch in question lobe delivered un open
into his possession. We have not yet been
sihlc to learn whether he succeeded in his ap
plication. The vi ssel in question was bound
♦roin Dieppe to America.
Paris, Jan. 2.
FRENCH DECREE.
The introduction of afiun cotton of whate
ver quality or country, whs prohibited by a
French Imperial Decree of the 2id De
cember.
We have seen a letter from n highly re
spectablc source in London, of the J2th of
January. This letter, after speaking with
H degree of uncertainty relative to there.
Suit of Air. Jackson’s dismissal, concludes
thus:
•* Jf we art atiU In time to write again by
the Packet to-morrow, we may have some
news to communicate, as a deputation of
merchants has, to_day, gone up to wait on
ministry .**
The Spanish Junta, by a decree, b«3 re
leased from prison all the Ftench residents
of Spain, and restored their property. Such
is the information given in let»ers irom au
thentic sources.—Ntv>~ York Pa/icr.
I ihladelphiA. March 9.
Extract of a Utter from Bordeaux--Ao
date.
“At this juncture, observing with some
satisfaction that France, being favorably
disposed towards all neutrals, and especially
the Americans, once your differences are
adjusted with England, we out joyfully anti
cipate the moment when a ft. c intercourse
with the United States wdl be re established,
as nut very distant.”
Fhila ni>».ph i a, March 7.
*INTRHF.STING COHKEsFONUENCK.
f Communicated fir the PidhuUlfihia Gazette J
Lo\nou, Jiinury 9, 1310
I arn informed by Mr Frehlr of Fari«, J)<?r.*r
23, ( >ho has opportunities of obtaining the r.iott
correct inloriiv.uion) that there is tdmoat * certain
ty of i* e intercourse bet w een France und the U
r,'U**l State* being renewed—Even vessels board
id \tr,h t'f admitted—So much reliance vrns pti
a-d tne truth iff tins change it >’an*, that they
were sending evpromc* to Naples to prevent tun
»u*r.premise with the captors of soma ven,*!* a..ii
targoes sequestered there ! A good omen for
the admission of yours.
The British Order in Council of the 11th Nov.
must however he repealed before the trade can
he permitted with safety.
Pot-ashes, barilla, and dye-woods were falling
Exttact of a letter Jr tm cur of the fret hnutes in
Hondo*. to their cvirespondent in thie city, dated
7<"* l*
** Tills day's Mail from Heligoland, has bro’t
us a letter, from Messrs Parish & Co under date
of the 22d ult —Tlie following passage of which
it may be proper to quote for your information :
“ The investigation now going forward at Alto
n:i in respect to property under sequestration in
Holstein, we have reason to flatter ourselves
will shortly issue in a favourable report, and ena
ble us again to litve a free controul over it.”
l.ctterg received in town from Lisbon, »* late
as 23d January, state that 15,000 troops hail re
cently arrived from England. Doubtless this is
the corps which was erroneously reported as I'es
tined for Halifax. Flour at Lisbon £ 10—Halt.
Fed. Caz.
FROM FRANCE.
Letters by the Lovely Matilda, at Phila
delphia, from Rochelle, state that France,
being favorably disposed towards neutrals,
particularly America, once the di(Terences of
the United Stutes are adjusted with England,
they (the writers) anticipate a speedy re
ncwal of intercourse, anil that the people
returning again to the consumption of foreign
articles, when prices will advance & trade
assume its former activity. The vintage ha
ving proved short, wines and brandies ad
vanced in price, the former 40 per cent.
LATEST EUROPEAN NEWS.
On Saturday evening arrived at this port,
the French pilot- boat, schooner L’Aventure,
from L’Orimt, Guaualoupe, and St. Eusta
tia, in distress. She put into Guadaloupe
six days after its surrender to the British ;
and in making her escape, was chased for
six hours by a British man of war, during
which time she sprung her main boom and
foremast.
The Editors of the Mercantile Advertiser
have received, by this arrival, two Paris
papers of the 5th and 6th of January ; but
excepting a few London articles, and the
treaty of peace between Sweden and Den
mark. they contain no intelligence of gene
ral interest. The paragraph which notices
Mr. Oakley’s arrival is succeeded in the
papers bv Mr. Jackson’s circular letter to
tlic Corps Diplomatique.
Mercantile Advertiser.
Boston, February 26.
FROM DANISH HOLSTEIN.
Captain Turner, who left ’I'onningen the
10rh January, informs, that three Ameri
can vessels, denounced there by the Ame
rican Consul as having been in England,
had been seized by the Danish Govern
merit ; and that all property arriving in
neutral x-essels had been taken possession
of for adjudication-d letter from Ham
burgh, dated the 5th January, confirms
the account of the seizure of American pro
perty under pretence of searching after
English goods.
Domestic.
Washington, March 12.
■; The Secretary of State has received ti,,m Mr.
Pinkney a private letter of the <!lh January, de
tailing the particulars of a long conference ut the
foreign office with Lord Wellesley. This letter
explicitly states that the British minister did not
attempt to vindicate Mr. Jackson; on the con
trary, he admitted that he was in the wrong, that
lie must return and that a successor would be
sent out to the United St; tes—Nat. lut.
We have received files of various London
prints to the 12th of January, inclusive, from
which we have extracted a few articles of intelli
gence in addition to those already given, which
embrace almost all the news of importance they
contain. If these papers be taken as indicative
of the opinion entertained in England of the con
duct of Mr. Jackson, no doubt can be entertained
of ita general reprobation. Indeed the Courier
is the only print we have seen that justifies it, U
that only partially We have made two interest
ing extracts from the Morning Chronicle, and
Hell’s Weekly Messenger, and shall, in our next
|>«per, give Ollier extracts, serving to shew the
light in winch the subject is viewed.
Neither the letters or papers received from
England, confirm the previous information that
Mr. Canning had been appointed to the place ol
Firsl Lord of the Admiralty. From this silence
ii muat be inferred that the information is unfoun
ded.
It is proper to add, that the latest information
received in England from this country, was to the
lo.hof December, when Mr. Giles’s resolutions
had passed the Senate, but hail not been acted
upon by the House of Representatives.
Wc this day insert a copy of the message of
the J'i cv id.-nt i I the United States of America,
to Congress It will be seen that a considerable
[ art of it consists of observations on the relations
between the Amciirr.n government and this coun*
try. 1 he mission of Mr. Jackson, is, of course,
prominently alluded to, aiul it is with no small as
tonishment \ve find it staled, that tbit* gentleman
*’ h »d received no authority to enter into expla
nations relative to Cither branch of the air.tiige
ment disavowed, (that of Mr Ei skiue,) nor any
authority to substitute proposals us to that branch
which concerned the British Orders in Council.”
Supported as Clii> assertion is, by the official an
ihorny of the President, and thus solemnly com
municated to the Legislature, wr scarcely know
h >w to believe it- Is it possible to conceive that
" hen, hi consequence of the disavowal! of an ar
rangement made l»y one minister, another Ins
been sent, that the latter should have no authority
either to enter into explanation, or to substitute a
proposal respecting the most important point in
negOTMtion*? ii this is the case, wlvat necessi
ty Win there lor Mr. ja< kson to cross the Atlan
tic ; it surely would have been- better that he
should l.nve remained at home, loan that he
S'.ould have gone where his presence, tifiJer such
circMTns'.aiires, cnunl only lend to increase the
irritation which Indore prevailed. The way in
which the subject is put by tile American pre
sident involves the mission of Mr. Jackson in an
unaccountable mystery. Either the former has
deliberately deceived the Congies*, which cannot
readily In-believed, or'he latter has been sent on
an errand in which it moat have been known be
fore he went, that it was impossible for him (o
succeed. A negotiation, undtrnuch circuimtan
ces, was worse than useless ; it could only gene
rate an angry and a hostile feeling. Wc r.la
*c,,» a rrw days since, the immediate cause nl a'l
com minicalior) being broken off between the A
mencan government and Mr. Jackson •, ar.d we
funl it pointedly slhtdt d to in the passage where
it is staled, that " (begetting the respect due to
all governments, he ( vjr. Jackson 1 did not refrain
Irorn imputation* 0:1 this, which required that no
turlhi r i oinmunitii'.ions should lie received from
him.” Tnc»c * imputations’ are explained in the
t.in o'ar letter <d Mr. Jackson to the Kr/tish eon*
»u!s in America, to moan the assertion made bv
him, that the government of the United State*
LtUiw tLe nature and extent of Mr. firskins'* in
struct ions, they having been submitted by Mr,
lirsk'me to tha American Secretary of State. It
was in consequence of this charge being pressed
by Mr. Jackson, t>iat the American government
broke ofl all communication with him. The im
putation therefore, made against that govern
ment, was of a breach of faith, in coliciudir.g an
arrangement with Mr Id.-skir.e, knowing that his
instructions did not go trie extent of warranting
the treaty.
This necessarily involves a question of fact,
upon which it ih impossible to decide, without
further information ; out at all events, it remains
to be ascertained what necessity there was tor
pressing a ul reiterating this poult, until the irri
tation it produced rendered useless all the pow
ers of the ncgociator. Mr. Jacks.m, in his cir
cular letter, says, that his conduct was that
wtii :li his duty imperiously enjoined him to adopt.
Unless, therefore, it is meant to chutge him ai
so with acting contrary to his instructions, Ida
mission nmst be considered as a most remarkable
one ; according to his own letter, it was his du
ty (of course directed hy his instructions) to urge
an incidental point, which cotdd only produce
irritation ; and according to the President’s m *s
s*g~, he had no authority to enter into explana
tions or make proposals relative to ttie main ob
jects of ncgociaton....London Morn. CUron.
It is with very sincere satisfaction that we i
have to announce, that there arc still some
hopes of conciliation with America. It may
lie collected from the language of the min
isterial papers, that government is about to
Mild u npgoctutor in the place of Mr. Jack
son. Every otic must approve of this de
termination. ’1 He dignity of the country 13
not compromised by consulting its interests
in preference to tt.e petulance of its agents.
Every account seems to agree, that the con
duct, and still more the tone, of Mr. Jackson,
Has been unnecessarily (offensive. If such
be the real state of the case, no one can
surely contend that the ministry at home
ought not to have mote prudent considera
tion for the interest of the country than for
the negociator. That ail the advantages of
a commercial intercourse with America are
now to be sacrificed, because certain per
sons in this kingdom still remember the old
quarrel, and avenge themselves of their dis
appointment by direct insults on the inde
pendence ct America. We are sorry to have
to say, that according to all credible reports,
such a party still exists in our court, and
that Lords Liverpool and Mulgrave are nut
considered as friendly to America.
As to the truth of what Mr. Jackson nl
ledged, this is no sufficient excuse for the
abrupt and offensive obstruction of matters
which have been previously disposed of. It
appears to ns moreover, that the manner of
Mr. Jackson has given more offence than a
ny thing in Ills discussion—The American
Minister, upon the suggestion of a certain
subject, seems to have denied that the A
merican government had any knowledge of
it, and even to have alledgcd the authority
of the President in this denial—Mr. Jack
son appears, in an avowed disregard and
disbelief of this denial, to have insisted on
his charge, and contrary to the established
decorum of diplomatic intercourse, to have
directed an accusation immediately against
the American government—Such wc say
seems to be the state of things upon the com
parison of the accounts at present before us
—The American accounts speak plainly,
and Mr. Jacksnn. if his letter to the consuls
lie given correctly, appears to have a very
insufficient excuse. Immediately upon the
meeting of Parliament, the correspondence
will doubtless be laid before the House.-.
But the ministers seem already to have ex- i
pressed their opinion.
If Mr Jackson be recalled, the Americans
will probably lie satisfied, and matters may
be arranged before they can enter into de
bate—Parliament will have so much to do,
that neither party has much need to wish
for any addition to their business Themi
nisters will do well if they confine their de
fence to their own immediate acts. VVe
hope never to see the House again occupi
ed with American business, the debates lie- i
cesaarily beget ill blood on the other side of
the water; and our sincere opinion is, that
America is the last and hest refuge for En
glish commerce—that it is a market annu- J
ally increasing, and which can never be fil
led beyond its demand. England & America
seem as if made for each other, the one to
assist the other in its progress to perfect ci- I
vilization.
(Bell's Weekly Messenger.)
Extract of a letter from an American su
percargo at Sebastian's, dated the 15th of
Dec. 1809.
“ Our friend Mr. Gernon, of Bordeaux, has
just scut me a letter from Mr.-, da
ted Paris, the 8th inst. of which, if I have lei.
j sure, 1 shall transmit you a copy by this con
veyance. He mentions that in consequence
of large supplies of cotton having been re
ceived from the Levant, that cotton wool had
experienced a great reduction in price.
He states likewise that the stock of dye woods
was very much exhausted in France; and
that very serious inconvenience was felt all
over the continent.in consequence of the scar
ctiy of sugar, which is an indispensiblc re
quisite lor the preservation of the fruits,
wines, &c. &c. These circumstances had
been strongly represented to the emperor,
who had intimated that some relaxation I
would be ordered, with respect to those par
ticular articles. Mr.-is of opinion
that Havanna sugars, and none other, will
be admitted, anil he recommends his friends
in America to ship that commodity and dye
woods, in preference even to cotton or tobac
co, as it seems the French government are
bent upon giving & spring to lumen and wool
len manufactures, the materials for which
the country pos>e9ses within itself\ and ofj
course preserve* the money in the country, ;
that would go to pay f^r cotton wool. Sugar, |
1 understand, is very scarce all over Spain, as
well as France—in fact, is the only article
that will sell here currently at present; and
in order to get rid of other articles, many
persons make a point of not selling sugars,
unless the purchaser takes a proportion of
cotton, totiucco, See. &c. with it.”—Aurora.
Tha United States'corvette, John Adams,
arrived off Falmouth, F.nglaud, the 2d of
January, and landed at that place an Ame
rican gentleman, with dispatches for our
minister in London; the ship immediately
proceeded on her voyage fol’ Holland.,..lb.
Natchez,Feb. 5.
COMMUNICATION.
On Saturday last * Duel wa* fought on the
Louisiana side nf the Mississippi, opposite Nat
chez, between Capt. Winfield be <tt of the United
States Lt. Artillery, and Docl. William Upshaw,
surgeon to the 5th Infantry, in which the former
i received a severe wound on the pericranium at
the first lire, which f-r the time ended the affair
The wound if Capt. S. though serious and
i highly painful is not considered dangerous,
j The sc-ull being slightly furrowed but not frac
tured.
The ground work of die dieting was i&id at
New Orleans as tar back as lust spring, when
the parties dispti'ed on Uie subject of the public
character and htTiuial conduct of Gen. Wilkinson
Doct. U*8 continued iudisjKisuion and Capt. S’s
subsequent absence from the army prevented a
uv correspondence between them on the subject
of tiieif diOercnce till December last, when doct.
U replied to a note of Capt. S’s that lie would
prefer charges against him founded on certain
disrespectful words used hy capt S tow arils gen
W. in Virgihia, in the fall of U103. which were
accordingly charged as “ mutiny j” and on cer
t iin of Capt. S’s company transactions which
were charged as “ conduct unbecoming an otliccr
and a gentleman.1*
An arrest ensued, and a General Court Martial
was ordered to investigate the case. Hut before
the Court took up the subject another charge
was added by the sarnie person, for disrespect
and contempt expressed for general W. after
the arrest, and after gen. W. bad resigned all
command.
l nc trial was long ana interesting ; in the
course of it the accused went into evidence to
prove t lie truth of one ofhls declarations, to wit : j
Tlie General was a liar and a scoundrel. Ilotv
far success crowned i lie attempt,the world will in I
a short time Pave an opportunity of judging, as it I
is understood the trial will be published. The
Court acquitted the accused of tlie charge for
mutiny ; found him guilty of only apart of the
charge in relation to tlie company transaction, at
the same time expressly acquitting him of every
thing fraudulent and ungeiitlomanlv ; and also
fount! him guilty of uttering of Gen. W.the words
“ traitor, liar and scoundrel,'* which they pro
nounced un-officer like, anil sentenced him to be
suspended from all military command and emolu
ment tor the space of twelve months.
There was aeliXd to the sentence a recommen
dation to Gen. Hampton to remit nine months of
the suspensi .n, hut for reasons which will no
doubt be sun-ftcicny when known, the General
vice lilted act tog on the recommendation.
It was on u,e publication of his sentence that
Capl. S. again addressed himself In lloct. U. j
winch ltu to the meeting as above stated.
tVe understand that Join; Graham,
Esy.fortnrly Secretary of this Territory,
has been nfiftainted Collector of the customs
for the District of Mississz/ifii.-—Orleans
Ga r.
IN SENATE.
March 7.
Mr Smith of Md presented a resolution of the
legislature of the stata of Maryland, instructing
their Senators and requesting (heir Representa
tives in Congress to use all proper means and ex
ertions to procure the passing a law establishing
weights and measures.
Mr. Bradley's resolution relative to iutercour.se
with the Barbary powers was taken up and a
greed to ; and Messrs. Bradley, Anderson and
Smith of jvld. appointed a committee.
Mr. Bradley gave notice that to-morrow he
should ask leave to bring in a bill for the p: •*ser
vation of peace and maintenance of the authority
ol the U. S. In the ports, harbors and waters un
der their jurisdiction.
The Senate resumed the consideration of the
I bill relative to the district court established in
I the territory of Orleans as amendud ; mad, after
| debate on motio:. of Mr. Goodt icli, the further
consideration was postponed till to morrow.
The bill for altering the time for holding the
dir.tr ict court in the mate ol Ohio, was ordered
to be engrossed for u third reading.
March 8.
Mr. Bradley presented a bill for (he preserva
tion of peace and maintenance of the authority
of the United States in the ports, harbors u.id wa
ters under their jurisdiction, which was passed to
a second reading.
Mr Leib submitted the following resolutions
| for consideration :
| Resolved, That the President of the U. States
•>; required to instruct mi- minister at tlie court
j of Givat Britain, to demand of the British gov
> ernmt i.( an immediate compliance with the ar
iMiigement made by their minister, Mr. Eiskine,
w.ui thi government, comp.is-mgatonement for
the Hack upon the frigate Chesapeake, and a re
linquishment of the orders in council; and (hat
on lailure to execute tiiat arrangement, our min
ister be directed .ortli with.tu return to the Uu.t
ed States
Resolved, That the President of (he U. Stales
be required to instruct cur it mister *t the con;l
ol Great Brit iin, to demand of the British gov
ernment an immediate rtle^e of all aVmericans
impressed into (he British service, and that on
failure or relnsal to make such itde.»sc, our min
i ister be directed forllisvitli (o icturn to tlie U.
j Stales.
Resolved, That on failure or rctfusal of the go
; verhirulnt »;| Great Britain, after demand made
by our minister, to carry into tli' ;ct die arrange
incut oi Mr. Li .• I-me, tne Baitin'i minister, or on
the refusal or failure to release u’d American citi
zens, impressed into tiie British r-ervice, the Pre
sident cl the Unitad States be authorised to is
sue letters of marque and reprisal against the
ships and ves.ml* belonging to the government
und subjects of G. Britain.
| HOUSE OF REPRESENTATIVES,
Tmitrsday, March 6.
^ CONVOY AND ARMING.
i he House resolved itself into a committee of
thei whole, Mr. Pitkin in the chair, on ii»e bill
Authorising the President to employ the public
armec vessels of the United Mates m protecting
by convoy, merchant vessels owned wholly by citi
zens of the United States, in voyages to ports or
places with which inter course it prohibited by tin
decrees or urtiers of the>gocerntnents of G Britain O
France.*'
I he bill having been read through by sections
without any attempt t>j amend it —
Mr. Harwell spoke in favor of the principle of
the bill He v as for defending the strictly neu
tral commerce of the U. S.
Mr. Eppts explained the reasons which indue
ed him to be infavor of the bill. He wished to
see commerce resume its natural channel, that
our larmuis and planters might send h part ol
th rir produce to Portugal, Spam, Germany and
II Hn 1 *ivi to clicct lliis uhjtcl lie was willing
to protjct by force the carriage ofproduce of our
j own soil, u,e property of our own citizens, on
board oi our own vessel*.
Mr. Gold said, that having barely bad lime to
run over the bit), lie wu* nut al>u* to form m. opi
mon as to all the provisions it contained, i ne
present was indeed a time of great difficult,
ami he who could get fiver it without involving
the country in war, would deserve well ofliis
country. The gentleman from Virginia (Mr.
tp[>es) himself had acknowledged that the ques
tion oi the right of search by the belligerents
was one oi a very delicate nature. The gentle
man had suggested however that this bill had
peculiarly guarded against difficulty in refusing
the right ol search, because it Confined the cargo
oi the vessels to be armed or convoyed to tlie
products of the country, and excluded cm mien’
goods. Every gentleman, Mr. G said, must see
Uiat tins was a question between two parties, bel
ligerents and neutrals. Would the belligerents
accept any evidence from a custom noose that no
thing was to be louud on board an armed or con
voyed vessel contiaiy to the law of nations or to
tli« provisions of this act ? He called the atten
non of gentlemen to the law of nations on this
point, whether it contained any such principle as
tlist the belligerent was bound to respect custom
iioutc evidence,declaring tie propel* of a ves*,
s«i to be neutral ? If that bad been the Uw
nations, there never would have Leen w>y
cutty—nothing would have been moretasy th.n
for tbe neutral to have adopted a native ’which
would at once have eluded ibis right of search.
This difficulty, which had arisen »iu;ir.g every
war lor many years past, laid here—that in t.me
of war the neutral always suffered. Any gentle
man who would take pains to ex whim* this sub
ject would find it throughout a tuKject of great
difficulty. Its support of liar. gent, al truth o: litis
assertion, Mr. G. referred to Marshal on lnsur- ^
ance, and quoted these passngt s :
“ That tl le right of visiting ami s<*a*<*hing mtr*
chant ships upon the high seas, whatever He the
ships, whatever be the caigoes, whatever be the
destination, is an iocontcstiMe right of the
lavvfullv commissioned crumits of a helligercn
nation.**
44 That the authority of the sovereign of the
neutral country being interposed in any manner of
mere force, cannot legally vary the right* of the
belligerent cruizer.**
i nai me penalty lor me violent contravention
of this right, is me conti'catiun of the property
so withheld from visitation anil search."
In support ol his position, several writers were
cited by Marshal. Vstitl, who was not an Eng
lish writer, contained the roi.j position_
'* V. ilhout scorching neutral ship* at sea,” says
the winter, ** the commerce of contraband goods,
cannot be prevented. There is than a right pi'
searching Some powerful nations hava indeed,
at various tin.es, refused to submit to this search.
At present, a neutral ship refusing to be scutched
wouid icoin that proceeding alo-tc be condemned
as lawful prize.” Tin* course of evidence at the
custom-houses, guarding against the admission of
enemies property, Mr. u. sue could not be cf
lsctiial. When had a neutral, for several years
past, claimed a right openly to carry enemy’.,
property ? It was always covered by neutral
names. Was it expected that the custom-housct
officer, a liibuual ot one parly, was, ou oxpurtQ
evidence, to deprive the otiwi party, the bellige
rent, ot his right ? Mr. Gold said he spoke of
things as they are, and not as they ought to be -
ll Congress were about to frame a code ot Iavva
lor[nations, they might introduce whatever regu
lations to them seemed equitable ; but, as it wus,
tlr*y mu3t abide by the established law of nati
ons. There might be the utmost faith in the of
fices ot the customs, and yet enemies' properly
might elude their vigilance, or evade the law.—
Again—YY hut evidence would the custom-houso
officers have, whether a port was or was not ac
tually invested when it granted papers to a ves
s-l ! If it weie not at the time blockaded, how
could they know that it would not be before the
vessel arrived at its place of destination ? It was
impossible to guard against this difficulty. What
constituted investment ? A line of naval force
drawn around u port to present actual hazard to
vessels entering. YVouli gentlemen admit that a
vessel's sailing destined to a po t CyOO miles dis
tant, should be ground of forfeiture ! Mr. G.
s.in! lie knew there had been such decisions in
the courts, hut the question was by no means set
tied. A port not invested when a vessel sailed,
might become so before her arrival at it. He
threw out these ideas with a view to show the
difficulty of any tribunal at so great a distance
pronouncing on any qnesliun relative to blockade,
and giving such evidence on the subjects as
should obviate the right of search.
In reply to an observation of Mr. Harwell, that
tins bill by introducing the principle ot resistance,
would do away the pretext of retaliation nu;l»r
which our neutral rights had been invaded—Mr.
G. said it would give him pleasure if the bellige
rents could Ire satisfied with this mode of reason
ing. There were other difficulties which lie had
not tin*; toexamine. The list of contraband might
he correct; but a neutral nation had no right to
s*y that such and such articles alone shou'd be
deemed cor.ti ahand of war, unless the list was so
broad as to exclude all possibility of disagree
ment. He found, cn examinitiun, that S«vcdena
and Spam asserted the light to search neutral vc-s
tels, and to examine 1. whether the list of contra
band articles \rts correct in principle ; and 2.
whether the cargo corresponded wit.h the decla
ration. These were a few of the difficulties which.
Mr. G. said presented themselves to Iris mind ocv
this subject.
''famford said that the sentiments express
ed by Mr. Hurwell fv.J given.him great pleasure.
lie hoped that Congress would protect their
own commerce, as they were indispensably bound
by the constitution to do. His colleague had.
quoted writers on the law of nations—he might
have found many others—but in Europe they
were considered as nothing. Power (said Mr.
M.) constitutes right; and we, being the wea
| kev on the ocean, are obliged to submit to the
j strong. Hut I hope the right of search of ves
, avis carrying the productions of our own soil will
not be submitted to. The gentleman says be
does not understand how our custom-house offi
cers are to have knowledge of a blockade’* taking
place. I have always understood that notices
ot blockade are given to foreign ministers ; such
lias been die case in relation to the blockades by
France and England. In no other way could
this government have official knowledge of them.
I film gentleman from New-York admits the
docli ine of blockude by proclamation, I for one
cannot agree with him I do not see how our
trade can be carried on to the continent of Europe
unless you do Convoy—for our manners, dress
and language are so nearly similar to the English
that they cannot be distinguished. How the on
ly w*y to make the character of our vessels un
doubted, is to convoy them. Respecting the
association of merchant vessels, Ido nut feel con
fident ; it is putting too much in the power of
other people to declare war for you. If we are to
have war, I wish to have some one responsible
lor it. i nc officer I'ovnmsnding the convoy is res
ponsible to tin* government, but captains of mer
chant vessels are not.
Sir, we have now arrived at a crisis when it
behoves every man to come out in defence of his
country s rights. No doubt our countrymen hare
had enough information on paper. You have for
the last three years Sent them 5000 copies of re
solutions and 5000 copies of' long ami elaborate
reports ol committees and pamphlets of speech*
os. 1 bey are now perfectly acquainted with vmir
foreign relations ; they know and ail the world
knows and acknowledges that we have the be*t
of the argument ; but the people will not be aa
, tished unless you come out ooldJy and assert your
[rights in a dignified manner. They expect it
I from you Several of the state legislatures have
| patriotically expressed their Sentiments to you on
| this nubj-ct in language not to be miaundrr
j stood * while the legislature of another state,
j within the sound of the caption of Hunker** hi!'
j have expressed sentiments that were nut to be
l expected from the cradle ol our glorious revolu
tion.
1TJf • *rovp remarneu that this LiU presented to
consideration some toy important and somewhat
novel propositions. It proposed to occupy a
ground essentially different from that l.erct.tores
taken by our government. It was generally un
derstood and generally acknowledged that tlie
belligerent liad a right to search neutral
aiKl the right liad never been questioned nr our
government. To a<Tord further time lor reflec
tion an the subject, be moved that the euxaucutfe
rise and report progress.
Mr. Dana said the gentleman from H«w fork
had stated that writer, on the law or naoows rc
no authority now, and that power cuu-.tiluted
«';Tbt. As the object of the bill t„ ,n4;r. Wa
nur maritime rights, he wished to know how
much power was in the bi'l. How many public,
vessels and of what force did the but proven t
He asked this question, because it this ) y, ***
intended for an efficacious assertion t\* ,
to ensure to us any respsch, it m„«t u iv >tf •
more than paper. How IUfcny ttV Sy c
quipped, officered and manned, h!i w * trt’*ny si. .p*