The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1796-12-22 00:00:00, page 1

The Potomak Guardian, & Berkeley Advertiser.
Voi~ 7 ] 7 H V R S D /t Y, D«cember 22, 1796. (Nun. 320.]
Franklin.
f Ofrn and unhjlaritctd.] QT WHI2I LI2I2TY DWIIL2, THKRI liar COOBT1I.
Continuation of Notes, referred to by P. A. Adtt, Minifer
of the Funch Republic.
IT was according to thefe firft decifions of the fo
preme* court, that the-cliftrict attorney of Vii
j u.ir) wrote officially, on the iBfli "of March *94,
to the \ icc-coniul at Norfolk—“ No velsel can be
Cundnnmd as priz*, but in dilirict courts, which
«re *i e prefer aumiraTties Cl the United States/'
The enemies' of Fi ance uudei flood, or did not un
derstand hi s mode ,• but they availed thtmlelves of
it j sod in order to < ante French privateers to be
arretted, they hud lecourle to the iaw oJ $ih June,
1794* , . .
Af this period however, tlie law had put into the
hands of government a lotficient power tor prevent
ing the arming and < quipping of privateers in the
p if 1 s of the United e-tates. By the letter of the
i'tcrcrnry of the treafury of the 4th of Auguft, '93,
the collectors of the cuftoms were authorized, and
even rnpiiird to vilu, in the Itricteft manner, not
only all privateers, Iv.t all vefsels entering or com
ing out ot American ports. The law of jthrjune
anti dvrv.'d th.■ • Prefid ent to fupport the exerciic of
thefe functions wi»h military force. Of courl'e,
they did not neni.cr to vilif, with the greatelt ri
gui, i ll F. dab v-lsrls, -Tirivatens and others, du
ring their continuance in ill* purrs of the United
Spates, and at their departure, The)* did not ijuii
ilvle pons but nnd> r the eye and vVich the cxpreii
pf-rmiiiion of the < fficers of the government, iur it
had forbidden the collectors to clear them, it they
committed the leait vk lnion on the neutrality of
the United Stairs; in which cafe they might be lei
zed and confiscated. Vet whether they had entered
the ports of the United Scares, armed, and alfn
went out armed ; or had lince been aimed fur war
in French ports, fcarcely did one of their prizes en
ter but llie was arreUcti t>y order of the federal
The proceedings were inltituted and-purfued with
out any ©f the forms for protecting citizens. As
the unclerfigned minifter plenipotentiary has laid,
the assertion of an enemy of the republic was fi.ffi
cieiit for caufing a prize to be feizeri, often the pri
vateer which had brought her in, and Tometlines
for the arreft of her captain, no other proof was re
quired from the enemy's conlul who mitigated the
Bi. elr ,* he was nor obliged to give fecurity fer the
carnages which might retuh From the procedure, if
it was unfounded ; (lie captain was not allowed to
remain in pofseffion of his prop: rty, on giving fecu
rity for its value; ihe prizes were not valued'5 they
limplv placed them in the hands of the officers of
j 1 Ft ice; rarely were they perpmted to he fold, and
then the l'?le was made with flow nets, and not till
the conUnt of ilie two parties was obtained. In
■fine, w hen much delay and ekpence, notwithftatfd
ing the 111 if; s of a crafty chicanery, the complaihts
proved nothing they advanced, the prizes were ad
judged to the captors, but refuted indemnification
fob damages and lofses occafioned by this fcizore.
The undeWigned tViinifter plenipotentiary knows
but two affairs, that of la Nohra Senora del Car
man, at K. Jiland, and that ot la rrincelse aes Af
rurirs, at New York, were fecurity was given to
the party complaining, and where damages and in
ter'efts were allowed n the captors—yet the tribu
nals have always allowed damage* to the captured,
when they have declared the prizes illegal. The
leaft pretext Was fufluient to obtain from a tribu
n *l the arrelt of a prize*—It was lufficient to alledge
that the privateer had r.keh one or two cannot), one
or two barrels of powder, opened fome port holt*
in the trrritory of the United States.
In the nfF'ir of the two prizes of the French pri
vateer Les C*Moyens de Marfeilles, which entered
the port of Phil jdelphia, armed and commiffiooed,
repaired in the falhe port, and lent out under the
eve of the government, the only thing in queftion
was, that fbine port In.les were pretended to li ve
been opened in the velscl afTer her departure from
Philadelphia ; the court of Charlelton was of opi
nion that th* holes had been opened and condemned
the two prizes. The fnperior courts aid not adopt
this opinion, and the firft fentcr.ce was reverled j
but after how long a time, how much care, fatigue,
p-in and ex pen (V ?
In the affiir of the Princefs? dcs Alturies, at New.
York, as will be feen hereafter, only two cannon
and a (core of fofees were in quefiion—behold what
is l ulled an armament, behold how words are abu
fe■: !
Prizes have been arrefted under ft ill more frivo
lous pretexts.. The privateer La Parifienne had in
fringed a revenue lavy of the United States, ihewas
fehed and condemned by the difcrict court. This
tribunal drubtlefs agreeable to rules prelcribed by
the law, had reftored this vefsel to her owners, on
taking them pay her value. The privateer, after
having executed the lenience of the court, went out
*md made two conftderable prizes—one waS lent
HUo ChatlcLon anti the other into Savannah. They
were both arrefced ac the inftance of the Britilh
confuls, under the pretext that the tribunal had act
ed illegally, by reftoring the confifcatcd privateer
—that notwithfianding this reftitutionand the pay
ment of her value to the treafurer, (he always re
mained the property of the United States, and could
not make any lawful prize. This ridiculous afser
tion was feriouEy oppdfed \& the dlftrict and circuit
courts, and in the iupreme court of the United
States ; at the dole of the proceedings, which laft
ed near two years, the prizes wer^adjudged to the
captors, but without allowing thw* datpageg.
In like manner, have been treated tne rich %oA
numerous prizes of the trench p>rivateeh» Li Mere
Michelle, Le Brtltus, Le General Leveau#, and Le
Vengeur. “The captors have gained their caui'es in
three courts, and have not obtained damages.
Were it necefsary to cite here all the vexatious
proceedings commenced againft the French vessels,
me undcVhgned miniltcr plenipotentiary, would be
obliged to write a volume. He contents himfelf
with adding to what he has juft laid, the a&ir of
the Vcfgeance and that o! the Caflius.
/jf iir of. the Vengeance. a
At the beginning of 1794, 10e predecefsor of fbe
'inderiignrd charged the captain of La Dorade, a
French GalJiot, with a particular million for St.
Dnmingo. He ordered him to go to N w York
with his Galliot, to take forne powder wh'uh was
at Safcdy Hock on boardthe frigate La Semillactfe,
belonging to the republic, and which made part of
her equipment, anti to carry them to General Le
veaux. This vefsel had formerly been built lor
war ,• Ihe had been built with port holes ,• confe
quentlv Ihe attracted the particular attention of the
government. Many difficulties were thrown in her
way ; but finally, alter having fubmitred to all the
rcqoilite inlpections, ihe failed with a formal clear
ince from the collector of the cufcoms of Phlladel
phi*, the went to New-Yotk, where the captain
required himielf of his million, and thence to Port
<ie Faix, where the powder was deliveVcd to General
Leveaux. Ar that'place tins gallior was bid to an
inhabitant of St. Domingo, who*armed her, equip
ped her completely, partly at Port-de Paix, and
partly at Cape Francois. she was called La Ven
geance, and given to Caprain Pcrrard ao comman
der, who failed from St. Domingo, with a comm if
fton in good form, and a crew entirely French, to
cruil'e againlt the enemies of the republic. A few
days^ after her departure, Ihe captured a Spanilh vef
Pel, called the Princefse des Aufturies. l^dep with a
rich cargo, and carried into the port of New-York,
in the funimer of '95.
'I he Spanilh contul, availing himfelf of the facili
ty given him by the law of 5th June *94, had the
prize arrefied under the pretext that the privateer
had been armed in the United States, and ive law
officers of the government appear to defend his af
fertion—Mr. Harrifoh, attorney of the diftrict of
New-York, and Mr. Troup, clerk of the diftrict
and circuit courts, to which appertained the decifi
nn ofrhfcr.ahle.
It was under thefe aufpices, that tiie prize was
arrefted, and that the captain of the privateer fkw ]
himfclf obliged to defend her againft the allegation i
of a pieiended armament : but is was not fufficient
to have arrefted the prize, they muft alfo attack the
privateer. This did ndt fail to happen. Shortly
alter Mr. Harriion, without laying afide bis office
of attorney for t he captured, but acting in (his in
flame in the name ot the United States, informed
againft Lc: yengcance, and required her arreft under
the fame pretext which had beeh uled tor arrefting
her prize. This information was not founded upon
any affidavit or material proof. But Mr. Attorney,
according to his letter to the fecretary of ftate had
no need oi any ; he had i'een in the hands of the
Spanilh confuf documents luffkient for having the
prize condemned. In fine not content with thefe
tncalures the fame attorney, tome time, after, the
two other cafes being full pending, exhibited a fe
cond information againft the privateer, and had her
arrefted anew, for havingexported arms in violati
on of a law of the Umted States, which was in force
when the Vengeance failed from New-York. 'I'his
information was marie upon the fimple declaration
ot Mr Giles, marlhall of the court, who was in
former, was to have his part of the confifcation. So
that all the officers of the diftrici court (except the
judge) were interefted in the condemnation of the
privateer or her prize. It is well to oblerve that
during the courfe of the prbcels the monies arifing
from the fale of the prize were depofned in the
hands of the clerk (attorney for the Spaniards) thofe
arifing from the fale of the prize in the hands of the
marlhal, (informer, and interefted in the confllVa
tion)—fo that their intereft was to fpin out thefe
causes by means of appeal ; and fo it has happened.
As this Utr information is here principally in the
quefrion, it is proper to enter fome details on the
lubject. It appeared in the allegation, that the
privateer had exported from the United States two
cannon, twenty niuikets, and fihy barrels of pow
der.
Two cannon and twenty muikets could fcarcely
be an object of commercial fpeculation. The ex
Vtance of the cannon has dever been proved, and
certainly whatever muikets were found on board,
were only for the defence of the vefsel, Without a
with to infringe th t law of American government.
The”powder in truth was of the greateft conference,
but the confufof New- York haftened to give bis de
claration under Oath, «r«* -.rfprove by witnefs, that
. Ubi^powdcr been ukib from on baa id La Sen*
tillante, and made part of her equipment ftlr. Har
riion did not yield to this evidence.
However the three caufcs went on : but the yel
low.lever which took place at Nrw Yoik ipunthein
out to confiderable length. The judgment of the
difrVlct court was not given till November. In the
mean time, an exprels, which Captain Ptrrard had
lent to bt. Domingo, on the firlt arrelt of his prize,
had returned with papers proving in the molt con
vincing manner that the Vengeur bad arrived at
Fort-de-Paix without any anpament or equipment
whatever ; ahd that Ihe had been fold, armed and
equipped wholly, and comrmffioned as a privateer
on the territory of the republic. Thefe documents
were, certificates of the general, the ordonnareur,
&c. of the greater part of the principal officers of St.
D'mingo: the accounts of armaments attefted by
viil the providers, [fournifseurs] &c. the whole ex
ecuted in the meft authentic form.
The undtrfigned haltencd to communicate thrfa
documents to the fecretary of ft ate of ihe United
Stales, and to requeJt that he would order the at
torney of New York difirict, to hay the proceed
ings he had inltituud in the name oF the govern
nieiit. There was nothing done with them, and
Mr. Harrifon continued his profecution.
In fine, thertioifient came for deciding thsfe thre*
caufes. They were pleaded with much preparation
before the difirict court of New -York : ilie priva
teer was acquitted of the charge of illegally arming,
and the prize adjudged to the captor. Mr. Harri
fon did not appeal as to the privateer : but th«
caule of the prize was carried to the circuit court,
and finally to the fupreme court ; and ihtle two tri
bunals confirmed the fentence oi the 'diltrict court.
As to the exportation, the judge Was of opinion
that the yefsels Ihould be cohdt moed for it ; and
grounded his lenience only on the article of 20 bmf
kets. Some of the attorneys for the privateer had
conftdered it as of fo little confequence, that they
had not conceived it would he brought in queftion ,
ami h .d omitted to fpeak of it in their pleadings.
It was natural to appral IVom luch a lenience • \ ho
conlul of New-York was the appellant, and requi
red, agreeable to a law of Congrefs, (hat the ve-^el
Ihould be given up to him, under fecurity during 1 ho
appeal f but he could not obtain it : the vel'sel was
fold for a tenth part of the coft of her armament j
and the money was depolited till the ebnelufion of
the procefs.
The ciredit court, as was expected, f?t afide the
fentence Which condepined the privateer } but Mr.
Harrifon, not content with what he had hitherto
done, immediately appealed to the Supreme Court
of the United States, which wak nor more favoura
ble to him, and confirmed the fentence of the circuit
court. The government, notwithltanding the re
prefentations of the underfigned mihifier plenipo
tentiary, took a decided part in the appeal, and
gave it in charge to Mr. Lee, the attorney.general,
to argue—which he did with much eloqueiTce, but
with the luctefs fuch a caufe merited.
Affair of tie Caffiut.
In the mont! ; ihermidor, of the 3d year (An
gufr, 1795 J' he corvette Le Callius, belonging to the
republic, commanded by Capt. Davis, and lent by
general Levcaux to the underfigned minilier pleni
potentiary, on a particular rhifhon, requiring her
immediate return to St. Domingo, was fciztd in
virtue of an order from the difti ict court of the Li
nked States, for the (rate of PentifyIvania, and her
captain, was arrelttd at the fuit of a merchant of
Philadelphia, to anfwer for a pretended illegal cap
ture maoe in virtue of his conimifiton, and out of the
jurisdiction of tlie United States.
1 he underfigned niinifter plenipotentiary com
plained of this violation of the treaties and of the
law of nations, and requefted the government to
caufe; as loon as poflible, the releafe of the corvfrtte
Le C^ffius and her captain. He conceived himfeif
fo much the more grounded in this requelt, he
knew that a like interpofition was not new in the
annals of the United States ; as he knew that the
executive power of the ftate of Pennfylvania had
interpofed in a limilar, and in the fame manner, in
favour of the ftate of Virginia, and as this meaiure
dictated by a pfopofed knowledge of the la* of na
tions and of the reciprocal duties of nations, had
been approved and ratified by the tribunals, organa