Norfolk gazette and publick ledger — Norfolk [Va.], 1810-11-12 00:00:00, page 2

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PUBLIC* LEDGE
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USSMWieraMeif;
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• *+»*
, THE PROCLAMATION. - V '
natiher of our paper, we exprktsad ao
Opini oa, that without some other, sod more satisfac
tory assurances from the French government, than
Were contained in she Duke it Cadere’t letter to
‘ <Jngk- -ViT *♦ v« 'h s
mtoeral drmitrtotgi that the President would not.
if sues Proclamation, such as he has since done.—
From the articles which have stare appeared in the
National Intelligencer, and other papers, usually
I: «*£•;
•drpThyed in Offending, and sometimes in dictating,
the measures of administration, it is evident that
SC'"’
upon the letter a hove mentioned, the Proclamation
bathern issued. The opinion which we bad form
\ ad, waa founded opon what we considered a fair and
candid cunnrurtion of tha law, as applied to tba
facta, nr ci| cumstauces^stated m the French mi
nister’s letter, and to tnwwxisting state of things.
>v .The words of the act, are:—“ ibatin caa- either
< " Great Britain or France, shall before the third of
* Marth nrkt, so revoke, or modify her edicts, as
^i' ; ;, 'wr that they shall cease, tagpiolate the neutral com
“ merce df the United States, tshick fact, the Pra
“ eident of the United Btataa shall declare by PH
** clamation." %
■ V. , • , ■ *, , -,w : »4e. , • V ■ J .V, l- , ' , ■ V ;
IBS Utn de tiedoreir letter,. lay*r—" In this
;r
f new stale of things, I am to declare to yon, sir,
,w that tbs decrees of Berlin and Milan are revoked,
“ and that from the first of November, they will
P-w.
* .erase to be in forte, it being understood, that in
“ cowequaiweof that declaration, the English shall
revoke their orders in council, and renounce their
> "i
W newpri (triples of blockade, which they have en
•' '• ?•
deavoured to establish, or, that the United States,
** conformably to the act aforesaid) [alluding to tlit
“ act of May iastj shall tains her rights ta be res
;?,d,pected.^t ^
.We Understand, by this Tetter, that tha revocation
3s*
hr the Berlin anil Milan decrees on the first of No
vember, art ! conditional, and not unqualified.—>
> ■t’W condition ere three: Firtt —That England
IS|jj|
a|«U revoke her OrdedBin Council. Secondly—That
■be.»h»|l renounce befnew principles of blockade;
or, failing to do both, the United States shall cause
her tights to he respected. ' The .first condition will
b« attended with no difficulty, iho' it is not less
'* aeonditioii to be performed, before the Milan and
;• Berlin decrees are to be revoked. • Xhe second con
/ • ditiewia liable to much difficulty.—England roust
;‘V .'fqpounee her ogw. system of'blockade—Who is to
whether what she may do in this respect, is
p rehtinciition of her principle, or not ? Shall the
>£ French government judge, or shall the United States!,
'.-rlf it wm intended that the United States should
’■*&/ judge, the,French government should have left her
td perform her **n duties; bat, assuredly, the
K'M - French government does reserve to itself the
^ right of judging, and if .England does not conform
"?)} *'i-brSetha Napoleon rode, it will he considered, that
tbis conditfon ie hrokeo; and, therefore, that the
—. :• decrees are not ito,be .revoked, unless the United
’ States cause her rights to he respacted, which is
*. u *MtbWCtondUiomjf r'>:<■->>'
.•w*l4Vin| given the ji* an attentive, and, we trait,
n fandid conuderatien, < we were not able to disco
jV^r in the InPr of the Duke de Cadors, any thing
jnore tiian the promise of a conditional revocati*
Hi* *'!
on of the Berlin and Milan decreet; and not a post*
:< tits revocation, contemplated by the lew,-—*1 Or,
u ikat' tit Untied States shall cavse her rights to be
' V. -
ujr"P*ctedJ'~Thara is something insulting in this
expression, because It goes to dictate in what man
ner; and upon what occasion, tbe United States
sh'eiteausa bar rights to be Respected- Calling (o
onto eecoHertion, the extreme sensibility, whieh
.••VdWcoVered by mir governqicnt, open an nc en
&
rich analogous to the one under consideration; we
'iv- had net calculated upon the forbearance which is
-1 < »«w exhibited, Under cirronistances infinitel/tnore
1’V talcaUted to wound 4he pride aad dignity of the
HI tbM’the one which we are about to notice,
s'*‘‘ We most solicit the patience of our readers,, while
' t»4igre»s from the sobjact, iojjr«jk>r to present the
" ' ease to which we allude.v '
*t *i» be r«»a«ctrd, that in the year 1806,
«€,i^‘?ia,,ro,s ,wl Pin*W *» tb* part of the
^ " ‘ Stales, and Lorde Halland and Aotkland on
tin pkrt of Great Britain, concluded a treaty, dated
iheSlstpllPtwember. On the2U1 of Kovemher
•f the earn# year,; Buonaparte issued hit much Ho
tsd Berlin decree, but fbicb was not known when
fbe treety was agreed upon. When it came to be
inally ipsSttted^by thp parties, the Britishgb*.
-i. sj-if '^y rwdvrwMsott, which is. contained
•ft-*- note if jd»e British commissioner*, appended
t*> tSntreSty. T-he note Itself is too long, to be L_
.V ^/^ iaierted, indeed it will! ** so, recoU«cnoB„o
^T TWi
7>,
expressed an expectation ■
the Amerkanioreramcut.weuld resist the prtten
v ah>u^ »f F«nc« contained ia the Berlin decree, ei
• . * that; »V British goesremeiit remrad to iUelf tb.
"• ifrwnsk _Wa shall sow m
it'*- - "vl t ?'•' > ’ . -rfM- 'W‘ : ■ ..*
v, xi\ ;
.fv r*k. ' 9 -.***■' a.-1*!
pr*p«fffc«,ori#aaft, •» a HFW>jr «m;
hut-.-MV# shall firstliMC j&M' li#Mr*.Monroa nod
Pinkney said, when the subject wu firststarted by
tbs British qomtaissionerti,
' . *Wtf«pliw»1iic*ry explfelO^Ww uftbi British
[roAntniwntn tbst we considered tlyh proposition
Jtogrther inadmissible on our part,and not likely to
accomptish, if w4 could agree to it, the object which
they contemplated by it: that such ■ proposition to
our government, under the circumstances attending
it, would amount, in substance, to an offer te it of
the alternative between tbe treaty, and a war with
France, since if our government refused to give tbe
satisfaction which they-desired, the treaty would be
Inst: and if surb satisfaction was given and the
treaty concluded, snd France should persist to exe
cute her decree, according to tbe construction given
of K here, war seemed to be inevitable: that if it
should happen that our government should approve
the treaty, it was not to be presumed that it would
make any sacrifice, or stipulate any thing nqt con*
tamed in the instrument,especially so very important
an act as that alluded to, as the condition on which
'it was to be obtained; tbat the arrangement of our
differences and other concerns with Great Biitain,
was an ufiair which tested on its own ground, and
bad no connection with our relations with France ; i
that his majesty’s government ought to suppose that
the United States would not fail in any case to sup
port with becoming dignity their rights «ith any 1
power, and tbat it must be sensible that it would be
more at liberty to enter into suitable friendly expla
nations with the government of France, on the sub
ject of the decree in question, after the adjustment
af tbeir differences with Great Britain, than while
they existed, as it likewise must be, that the pros
pect of obtaining satisfactory explanations on that
point, of France, would be better while they acted
under their own impulse as an independent and
friendly power, than it would be in case they enter-,
ed into, an engagement of tbe kind proposed with
her adversary."
[Vide Monroe Sr Pinkney’* letter to Mr. Maditon
of 3d January, 1807.]
Hear wbat Mr. Madison himself says, in stating
his objections to this treaty, and the note appended:
“ No treaty ran be sanctioned by the U. States
under the alternative presented by the declaratory
J note on the subject of the French decree of Novem
! ber 21.. It is hoped that the orcasiqn which produ
ced it will have vanished, and that it will not be
renewed in connection with a future signature on
the part of Great Britain. The utmost allowable
in such a case would be a candid declaration that
in signing or ratifying the treaty, it was understood
on the part of Great Britain, that notbiug therein
contained would be a bar to any measures which, if
no such treaty existed, would be lawful as a retaliati
on against the measures of an enemy. And with
such a decimation, it waold be proper, on the part
i of the United States, to combine an equivalent pro
test against its being understood that either tbe trea
ty or the British declaration would derogate from a
ny rights or immunities, against the ellect of such
retaliating measures, which would lawfully apper
tain to them, as a neutral nation, in case no such
treaty or declaration existed."
[Fide Mr. Maditon’t Utter to Monroe 4- Pinkney,
of 20th May, 1807.] v,
| “ No treaty can be sanctioned by the U. States
“ under the alternative,” &c.—Then we would ash
bow the President can consider the Berlin and Mi
lan decrees as revoked, when that revocation is pre
sented under the alternative that tbe United States
shall cause their rights to be respected, or, in other
words, goto war with England. The British com
missioners asked no more, than that we would re.
sist the operation of the Berlin decree, which we
did admit, if persisted in by France, would be a
violation of oar neutral rights, or permit Eng
land to retaliate on France. Messrs. Monros
and Pinkney, declared the proposition amounted to
an “alternative between the treaty, and a war with
“ France." And wbal, we ask, is tbs proposition
•f the Duke de Cadore, but an alternative between
the revocation of the Berlin aud Milan decrees,
and a war wi th England !
" *>y it may be asked were the United States not
permitted to discuss with Great-Dri tain the princi
ples of blockade? Certainly as Messrs. Monroe and
Pinkney said ts the case we have cited the prospect
of obtaining satisfactory explanations on that point,
of Great Britain would be better while the United
States acted under their own impulse, as an inde
pendent and friendly power, than to be forced into
demhnds upon Great- Biitain, by conditions prescri
bed by France. .
From what has been said, we think that the Ber
lin and Milan decrees are not revoked, except upon
conditions, to the performance of which the Uuited
States are not, nor ought not to be pledged, not
being parties. Ingenuity may torture tbe meaning
of the French minister's letter into any shape, but
the plain meaning of it, is, that Unless Great Bri
tain does certain things, the United States most
engage to adopt certain measures of hostility a
gaiust her. If tbe United States ought to give
this assurance in tbe present cese, warn they not
bound to pursue tbe same course upon the occasion
we have cited? Natwaaldignity anddu(iee are al
ways: the eame, theydonot change with the nation
with whom we are treating.
But we contend, that the French decreet are not
even conditionally repealed,. from aoy thing , which
ie before tbe pubtick. nod that tbe Duke deCadore'e
letter doee u»t promise their revocation go the fttet
of November, In a late oember of the National
Intelligencer, wa notice this femark.^ A feebly
** h**^**4i ^ee# made by some warts par*
** B«*os, «hn ha*e eluded, that eeloog at the
v ***** ftwrnmrth "t1"*** theseqodktered pro
‘ tterelients, she evinced an indiepn
f «° violate thtusentral commerce of
«* MM!*
C,A-' ■ iJl', *0'. ' - - r ' - - . .. V»- i -
- •' w . ■ ■
to wham this paragra
alludes, but ft
•ill go m«h farther than to ?Sly, that Franco
Mht» Vviuced an iodi»po*ition :to rrtsd^fo viol
4*‘A«- and dp lay that g|. the date of
Frooetr miniatcr't letwcj; and aubeeqnmt
thereto, France continued “ to violate the rfeutral
“ rigbta of the United State?,"* as contemplated by
the law of Maykst. We had thought that a detention
of the property aeqaeatered nader the Milan, Berlin,
andother decreet, waa a violation of our neutral righta,
and that the aggression continued aa long aa tba pro
perty was retained, or compensation withheld—that
the sale of American property subsequent to the
duke deCadore’s letter was a Violation of our neutral
rights. These propositions appeared t^us so dear
that we did not expect to bear them controverted.
We shall fortify our opinion by an authority which
will not be questioned by tile National Intelligence r
until it 'assumes a tone of independence not often,
found in its columns.
We must again trespass upon the patience of our
readers, with a short narrative as necessary u» In
troduce the authority which we have to offer.
It will be remembered that a considerable dlfBcul
l ty was made by Mr. Rose respecting the Proclama
tion of the President, interdicting the ships of war
of his nation the entrance of our waters. Me urged
that “ the Proclamation waa a hostile measure,
“ and that a discontinuance of it was due to a die
“ continuance of the aggreesion which led to it.1*
Mr. Madison answered this objection—Ha first in
sisted that the Proclamation had not been issued in
consequruce of the affair of the Chesapeake, but for
many causes, of which, that aggression, he admitted
was the most prominent. But as if aware that this
ground could not in point of fact be very well sup
ported, Mr. Madison added wbat follows :
“ Had the prorlametion been founded on tbe
single aggression committed on theChesapeake.and
were it admitted that tbe discontinuance of that ag
gression merely, gave a claim to the discontinuance
of the proclamation, the claim would be defeated by
the incontestible feet, that that aggression hat not
been discontinued. It has never ceased to exist; and
is in existence at this moment. Need 1 remiud you,
sir, that tbe seizure and asportation of the seamen
belonging to the crew of the Chesapeake, entered in
to the very essence of that aggiession, that (with
an exception of the victim to a trial forbidden by
tbe most solemn considerations, and greatly aggra
vating the guilt of its author) the seamen in question
are still retained, and consequently that tbe aggres
sion, if in no other respect, is by that act alone con
tinued and in force f" ,
[Fide Mr. Madison’s letter to Mr. Rose, dated
March 5, 1808.]
Now as advocating our construction of the law,
can we not say that the original aggression by vio
lating our neutral rights has not been discontinued?
It has never ceased to exist; and is in existence at
this moment ? Need we remind Mr. Madison, that
the sequestration and sale of American vessels abd
their cargoes under those decrees was part and con
tinuation of the original violation of our neutral
rights, that it was the most substantially injurious
to our interests, and that by those acts, and still
retaining the property, the original aggression is
continued and in force at this very moment ?
We have already extended this article greatly be
yond what we had intended, and shall therefore con
clude (or the present. F
Capt. IFinus, of the schooner Feronia, arrived at
this port on Saturday last from Cadiz, which place
he left the 24th of September. Capt. W. informs
ns, that things remained at Cadiz, as at the date
of our last advices, the French bad not advanced,
but it was reported that they bad lately received a
reinforcement of 14,OOo men, but this was only
report. Markets at Cadiz for flour very dull—at
14 1-3 dollars. .
Traps por American Property.—It ishnown
to. every merchant in the 'United States, that the
French consuls or commercial agents in this coun
try, some time since gave puhlirk notice, that it
was necessary for every American vessel, bound to
a port, where the French had established a custom
house, to take a certificate of origin for the cargo,
and this with a positive assurance, that without
such certificate the property would be exposed to
difficulty upon its arrival at such port. In conse
quence, every vessel bound to such port, took the
certificate required. Lately a ship was carried into
a port of Denmark, having such a certificate,,which
was pronounced a forgery, and the vessel thereupon
condemned. The certificate was signed by Mr. Gi
urad, the consul at Boston; but the Danish court
of admiralty answered that it must be a forgery, be
cause the French government had notified that their
consuls were not authorised to grant such certifi
cates. In the Paris Moniteur of Sejftember 2,
there is the following article i “ We are authorised
“ to repeet more distinctly, that which we have al
“ ready stated in many of our farmer papers; that
“ no Frewch consul gives, or has the power to give a
“ certificate of origin for colonial proudee, and so
“ every certificate which ie produced at such, must
“ be false and fabricated.”— (The Moniteur has
gi ven this aa the text immediately*, and in the same
article it iddt tbs 'following commentary)—<* A
“ veejel, pretending to come from New-York, Jate
“ ijl arrived at St. Pelarsburgh wilh. a faiaecertifi.
“ cat«, ehe haa becn noademned,” The word pra
teaimg hr worthy ef notice. fvr it would not have
donate have eetdtheir consul at New-York hsdg*
van • certiorate he was wt authorised to grant-**
Ifessythelsache^^Vebeengfce. With,
in » fiw situation we aro.
placed in, the reiHuli nj we cannotgowithouttf»j*'
certificate; if we take it^' wt are chargedhj “their
government with carrying (urged document*, itnfi
condemned accordingly { j. ^ •
The United SUtea’ Frigate fcasxx, C»pt.Si*iTH,
tailed from Hampton Roadt thin -mornihg.with
despatches for Mr. >Pmkney and Gen. ArrostroSe.
Capt. JFinua, whose arrival from Cad&ft notice!!
in another article, has favoured us with Cadis pa
pert to the S2d of September, which we,put.into
the handa of a gentleman, who occasionally favours
ut with translations. -This gentleman informs at, -i
that their contents are of little interest, relating
principally to official acts of goyernmeut, and de
tails of attacks on small detachments of the French,
according to the system of warfare wisely adopted/
by the Spaniards. Papers were received by a ves
sel from Carthagena, which stated that the French
army under gen. Sabastiani, bad made an attack, upj
on The Spanish army of the rentn^, in whirb the
French were repulsed, and compelled to retreat with
great loss. s"\ v T
The papers contain details of insurrections in
rorioas parts of Spain, particularly in Siena d
Ronda in Grenada.
HURRICANE AT HAVANNAm f “
By the schooner Fly, capt. GovM, 9 jj*yf fronr
Havanna, bound to Baltimore, put into Hampton
■Roods, we understand that there had been’* sever*
hurricane at Havanna. The particulars which we
get,'are, from a letter which we.have seen, and from
the verbal information of a passenger. - r
The gale commenced on the 23d-of October, and
increased to the 25tb, wheu it blew with a violence
heretofore unknowu in that port. Thirty tailof ves^'"
sels were entirely lost, j£l forty three driven ,<m
shore. The sloop Libfertyof this, port wall; lost,;
and the schooner Mouroe, also of and from "this port,,
drove on shore, and with her cargo, much damaged?"
The shifflYiendship, of New York bound t6 Bel*
limore, with 860 boxes of Sugar and* quantity of -
Coffee, vessel and caigo lost. The ship Betsey of
aud bound to Philadelphia, loaded with Sugar went
entirely to pieces. The sch'r Enterprise, Samuel
Williams, matter, bound to this port with a cargo
of Sugars, drove on shore, vessel much damaged.'*-*
The gale was supposed general through the island
and in the neighbouring seas, as a number of ves*<
sels which went out about the 15th and 16th Octo
ber bad returned in distress. A Spanish 74 gun
ship, broke from her moorings, and did great da*
mage to a number of vessels, besides running other#
In our paper of to-dsy, will be found an articls
copied from an Antigua paper, relative to some dis*
turbance at Guadeloupe. There had - been no
ther developement of the affair, at the date of that *
paper. • 7-• ■
General Samuel Blackburn, a firm federalist, is h>
candidate to represent in the twelfth congress tho
district at present represented by the Hon. Jacob
Siooope, who has declined a re-election.
‘ ... ,; ■/ ■ nrM. ’
The Orient, capt. Andrews, arrived at Marble- '
head, was taken off Cbristiaasand, by a Danish.*
privateer and brought to anebor, wheu tbred Danish’
custom-house officers c*rrj¥ on board to take come
mand of the ship; but capt. A.,told them that h#V
roust make the best of bis way home, and not wish-.’
ing to be detained, he weighed anchor and proceeded
on his voyage to Marblehead, where he arrived, o*.
Wednesday evening last, vith three Danish cuttom■
house officers on board /, , * • [Boston pap. , ^
The Late Newtfrom France»
Wcgave, says the New York Evening Post, the,
news from France as we received it without cot®.,
meat. We have exerted ourselves tq obtain every,'
word of information on the subject 0/ American
perty in that country, as it is of great importance,
to our mercantile frieuds. The statement in. the,
letter from Bordeaux, which, we give this day, i*
supposed to come from high authority. But oat!
accounts are still unsatisfactory. With respect t>V
the sales of American property, there .are different
opinions, even amongst the passenger* from France
Some 6f the goods were sold previous to the prd^ i"
muigation of the new tarifl duties; and there jus* a," §
very great difference in the price pf the atlitW,|oj#“^.
before and those sold after the promulgation of the •;
new tat iff duties ; and there was e very great differ- ^
ence in the price of the article* .sold before and
those sold after the promulgatioh^of the iiri(«>(- .
Colton, for instance, at the sales previous to
promulgation of the new tariff, sold at 460 to 6SQ,
francs the 50 kilograms; and at the sales after the*
tariff was known it yielded 240 to 260 francs; and
the goods were sold in entrepot, and the purchasers .{.
were to pay the duty on the last sales, hut it appeals. :
to have been undecided whether the duties on. the
goods sold at the first sale were to be {paid by tha
purchase) s, or to be deducted from the sales, ft ial ’
however generally believed, that tbe q«w. duties'
would be exacted, on the goods sold previous to tha
publication of the new tariff. " " : -'•*r' -f
From a tatc iando*
-V‘
’% french legion of U,
• Wa doubt not that wanyofour readers will p*.
.ruse, with some interest, tbe following rfocumeats,
which sbew iby forms attending, the appointment uf
members of the legion of Honour, and the traly cu
Itoni oath* which they are requited to take m tha
sccasiML.
Thu originals of th^te papers were found on tbu
penoo of tbt FPtficb vficv ta ihon lUy *rt
'dressed, «ajd wha way hilled ia aa attack s* the