The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1797-03-23 00:00:00, page 1

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The Potomak Guardian, & Berkeley Advertiser.
[No. 333.]
IHURSDAr, March 23, 1797.
V«L. T]
| Open and uninjlucnctd. J
03* WHIRI LIBERTY DWELL*, THERE I* MY COUNTRY.
05? 2£W&-»*'flM
j&s’saa*' 'JsaukT ura
Authentic Suite Papers.
DOCUMENTS
Which accompanied the mslsape of the Proficient of
the United States to both Ho d' ; of Cnngrefc, .
J n- ary 19 i'97 t
Letter to Mr Pinckney Mintf * * ' r j
Unit'd States, to th" French Republic.
( Continuedfrom our laji J
IlSf July of th" fame year, P .mmark acceded to the
principles of the armed neutrality, and entered in
to a convention with Rd’k, for maintaining rhem.
afsuinmg for her ruk in determining wbu articles
ihouiil bedimmed contraband, her treaty 0. corn
ijif! ce with Gi eat Britain, cot-eluded the 11'h J•■■!;/,
16 jo. in the third ankle of this treaty, the d-S
cri or ion of contraband goods is its general terms j,
*i An1-* provifions of war, ps toldiers, arms, ma
chines, •'Kiinon, thips, or other things of neceisary
ufe in war/’ But by a convention conclud'd at
London on the 4th of July tHo. between Greit
Britain nr.r D nmaik, “ :o explain the treaty of
coumn-ree <A 1670 between the t wo. powers, the
at licles deemed contraband aie particularly euume
rated, anil among them we fee ■ fin her r >r ihip
building, tar, rolln, copper in Iheets, fails, hemp
and cord'ge, and generally w hatever ierves direct
Jv f/jj the equipment of a vc'scl, unwrought it on
sinl ff planks excepted.’* it is remarkable that
tbete are the vo v articles admitted as contraband
5n the 18I1 ariicfe of our treaty of commerce with
Gr-'at iirii tin, and for which admifli n Mr. Adel
tin lares, “Ail he commercial rtl.'iotis between
France and the United States are entirely broken.*'
8c, 1 ic is farther f» be noticed that this convention
b'lweci Ru-li» and D-mark, concluded inihemtdit
cf ch" Americm war, for maintainmg the prin- spies
fO'f' p -inii-'l •'.*• 1;t 1 •<ijty. and to which o'lier oiiro
pean pow. s cceded, is explkiiJy declared, in : be
o’h .11 tic!-* *'• be concluded and 6greed on for the
tints that war jbould hf\ -t though it was to krve a>
z hails toiti ur. cng.ig.nis.ots, which circumltances
might render necetsary, on account of new nan I
wiisiti Europe. And with the latter vi-w, the
k ng of Sweden mamfeifd the ntinolt loliii ude lek
thc'war I bon Id be clofed without the intervention
oi the neutral powers. He therefore was urg-m
that the Empress, with all the parties to the mari
time convention, “4 should propofe to 'he bellige
rent po-veis the eft iifhitig of a Congr< Is, in which
tin- diff.-rent concerns, hotb of rhe powers at war,
and of the neutral ftaces, fhould be examined and
T< rminated.’* And thefe concerns, hr afterward*,
m orions to be, “ 'he pacification and th? fetilting of
a maritime code of laws o'.jcts truly inipori mr, ... d
xneriiir.g all ilia folicitude manifefted on the cccafi
ou by the King.
bat theic heps or tnc *.*.ng or oweoen serve as
additions) proofs that the prinupl-s of the armed
neutrality were not confidered by the parties to the
maritime convention, as {'auctioned by the cxifting
law of nations. For permanently to eitablilh thole
ssfsumed principles, by \breducing them into a ma
ritime code, was o-vioufly the ii.fi lential motive
with the- King for defiring a Congrefs, at which
fuch a code might be fen led with ihe absent of all
l he nations of Europe. Bor this project did not
fucceed ; no Congrei’s was formed : tht belligerent
powers made peace atdifF-rent periods, and with
that war ended the maritime convention.— ) his no
ration has more to regret than our own—..swell
becaule the principles in queftion relpect Come very
valuable portions of our exports, as becaule our dif
pofirion and our policy prclerving us in peace, fuch
an extended liberty of commerce would prove high
ly advantageous to us as carriers for the powers at
We have leen then, that the law of nations, the
marine laws of France, her own treaties as well as
thole of other nations, and even the fyftem of the
a-m“d neutrality, incontelt’bly efu.hlilh thefe prin
ciples, that enemies goods on board neutral vefsils
are rightful lu’. jects of capture and condemnation ;
and th u timber 3iu! other articles for the equipment
and armament of l.-.ips. are contraband of war ; and
therefore, that the adwvGSon of theVe ptinciples. in
the ’reaty between the United States and Great Bri
tain, not being a gr.-nr ro her of a tty rightfibr in what
1 elite c-uld wt* be laid to give what (he before pof
s^fsed ?) tiuniihfs ho juir grounds of offince to
France. In what feniV- roo can the United States
1'<‘ ' 'd ro Inv*- '• rffufrd to other r.a*ions a right**
which they and we voluntarily and mutually agreed
t o renounce? Or ho'.v are wt charges! with par
tiality in j:.\ or o' Ei gland.** h;*< uule we do not take
aims to com/el her ti renounce it ?
But Mr. Ader, hill retting on the idea that not
Hift. Armsd Neutraly, p yy.
F Marten’s Treai i:s, »o|. 2 p 105
J Hilt. Aimed Neutrality, p. 147, 1 N*o.
*■+
to compel Great Britain to renounce, is to grant her a
tight, teems to imagine 'hat wcfiv-Ul aru-iupt to ob
vi te his complaints by laying. “ that France having
the right, by her treaty of t0 eaj > *>11 the ad
vantages in commerce and »; • i gallon which the U
ni ed brat* s have g> u-..’?d to T -.gland, is not injured
I*v ii*f ••!■». 1 • s of the tret, v -o'. '04 (with Great
**'■' *-ne ?K.,r, V/ • . } , ; rts :<i w ,r as they will
become common to her. Bur «ve in’all fa/ no loch
thing. The ?d article to wviii.h h ^rtfets has no
relation to this Subject. Had we granted any parti
cular favour to Great Britain, or o any other na
tion with refpect to commerce and navigation, we
readily admit that by th. article Frime would be
immediately entitled to the lame. But in regud
to contraband of war, •wethave granted nothing, and
therefore under 'hat article, fryance can claim nuking.
Under the influence of prelent .no temporary tin
reruns, the very nature of the nip1 lations between
France and the United Staus, on the in j ct of tiee
commerce and the litniiafinn of cun trad.' ;d, items
tc be forgotten. Th y took lor the bcfi. of tutir
treaty “ the rnoft perfect equality and reciprocity’ >
■—would 1 hey then confpire to their ov/u hurt ?
Would rhey voluntarily and mntu :liy IV.puUte tor
injuries? Or for advantages r Certainly the Utter ;
■ > b i'h coni’:Jcred toe lgretn.ct.t reciprocally ad
•vantugeous. which fecurrd 10 each, in its turn, the
ireeouiU or. commerce provided by the rules, that
fre-: mips lhouiJ u»..k./lree goods ; and that timber
*.red nival Mores Ihouid be excluded t rotu the lilt of
con rab nd.
Connected wi-h 1 hi fubject is what concerns the
article of pcovfeons. M'. Adel lays, that. *' :»fiei
having alsureti .0 the E .glilh the carriage of naval
(tores, the Ft deral gover.om ur *ru//?> i o al&nre1 hem
i h-if f tr.; ,!s ; in i word it defend to have commerce only
with England. Thus it h lpuiait* by th*" iS'.l) arti
ie, that the American vr.s-ls 1 .den with grain,
may be under t!- * frivolous pretext, t-ha' it is extreme
ly d'flp; nil 10 ih ln.t ihu c ills when in prm ilit.iipud—
other articles which arc generally < jo.epted, ihouid
be claimed in the lift of contraband ol war.
Th te are fo many extr?.irdinary aUertions in
Vr. Adti’s notes, tiioie in the above paragraph ex
cite no turprile. The federal government is conS’t i
tuted of citizens who have a common intereit wih
1 heir fellow citizens of the United States. That
common intereit has a peculiar relation to com
mence, on the freedom and ex:?ntioti of which the
public revenue and the general prolperiry of our
country chi-fly depend, ‘ ill i’t then he believed ih->r
the government HjoiJhd this con:m< rce to be rferawed.
p-u i lcuiariy me comumce in meats n cn t'jnip it*
the molt valuable p.rt of our rxports ? E!iv > ■ 11y
will it be believer3, that our govemmen1 d-Ji'td l1
our citizens might have commerce only wi i Lng/ard F
Let the gt uerai Unte of our fellow citizens n'vver
t iie{>* charges — Let the gr-;r mais of our commerci
al brethren aiilwer— they wh tie enterprize tr-varies
every tea and explores every region of he Glnh%
to extend their gainful tr d>— itizens, who!;* com
mercia! adventures to Fr;<nn- nnd her colonies,
h ive rife.it anno lly to many n»»1 lior»« ; adventures
by which many have h../arced their credit and
the ir fortunes. Yet among ail our citizens n >n••
hive been more folicirous to form a c mnvcirl
treaty wiib Britain ; none more decided in approv
ing tiiai which has been made.
For the reatoning of our governmenr on this fuh
j**ct I beg I ive ro r*f~r you to mv letter of Sep
tember 12, '9.;, written by the Prcfident's direction
to Mr. Monroe. Th-»vin it was attempted to Ihew
the neoyfftty and our right of forming the rreary vriih
Great Britain, and I hope it will appear to you that
the conciulion is there fairly drawn, that even the
18'h article, as it respects provisions, would ope
rate favorably to France.
Before the treaty wuh Great Britain hercrnifers
captured neutral velsels hound to France with pro
vifions. She afseried that in certain cafes, nrovifi
ons were contraband of w^; confequenMy, that
Ihe might lawfully c-'nrureand confifrnte Inch pro
1 ’fions. We oppr.fi; d the principle and the practice.
Britain in lifted on her right. In this dilemma, it
was agreed by the tieaty, that whenever provifions
becoming contraband by the law of nations, Ihonld
be captured, they (hould be paid for with a r*»a<ona
ble mercantile profit. This ftipulation, wiihout
admitting the principle, by fecuringthe American
merchant from lofs in cafe of capture, w ould cer
tainly tend to promote rsther than to dilcourage
adventures inprovifions to France.
But as this rreatv has b-rn the fubject of ferions
complaint on the* part of France, it is important to
enquire with what foundation the complaint is
1 might pafs over the unworthy infinuation cf the
minifrer. that the treaiy was enured into hy ns, in
order toajj'ure advantages to the b vglijb. arid to furn jh our
o-cvti gov. rnnunt nvitJ: a re*l, t- tkt claim* of France, and
peremptory motives for rtfujing to accede to tb< m ; that the
true obi eft of that n pod at ion va tree ffr.iLy d’/g rdf d under
JpeciQut pretexts, an - -a with the Veil oj u jtcnalulion
Thele iefinuations have been difercctly ad-.lre!'sfJ
10 the people of the United States. f h«y ’•! I
gain no l>-1i f. —— *t may, however, lie uiclul lor you
to be truly iiitormc-d .> j ibis m’-j-ct.
('To be continued )
M flirs Mo*e8 Hunt tit, Philip PendletoK,
and David Dun rut,
T
J[ KAVEoblerved your learned and lengthy dif
toml in -hfPotomuk Ghardwn of the 16 h not. end
now haliru to iem«>ve ibt doubts w ich you have
expreised, that your oueries would not Ur unlwer
e<1. L never wilh to dev-itne 'lie dilcuilion of a f.ib
ct which cuucerns the public, tho . it be vviii&
' hi-moi t cor.'emptible I • inblu s, and in the news*
j>jp-.-f'i too which you i*4F ct to treat witii Io mmh
difdain :—ana as you (cent to be one and ir.divilible
in ytiur plans of fpecu'lation, da well as in tin de
fence o; them. 1 mult take the liberty of addrefi rg
you as one ; anti, as you have all embaik-d in ii,u
.oine :->oi.'ur., you uiult bt content to be ecjual lua
rer > of the rude l*i d'S ct my pen.
You lay, that i have made j on a fobje^t of abufe,
fwi electioneering purposes. Do you really tnink
that 1 have injured you ? Hut you really taken
up the p n to vindicate ^our own honour from af
periion .inti faltehood I—or to lerve a friend who
nangh upon your heels, and who hac ferved you (>*
faithfully, at the expenfe of his other confiituents ?
I am inclined to believe the latter, or whence chele
• xpreffions ; — “ Anxious to induce the peopirol tins
county !o leave out one or - heir late reprclen:alivc-s
at :lie euiuuig election, to make room, perhaus, for
hirnleif or hie trier r! ,s ‘ R-fp'tt for i he people of
this county, and juftice ro rne member who lias
been fo rn.licio.jfl v and llurm’fully traduced try rhis
writer, and,we believe, for the ba;Ht purp ■(. s
11 ere-you fenr. t » he more anxious for your late s
prefentarive, as you c ill him, than tor yoiirielvrs ,*
■*w>rt- i'itici~f«us ro K*-p-4uQ i.t, t-inu t c^n he to g-c
him out. You t-.-dr. i;.ke 10 point out the man who
iigos himfeir Tkt People, and his motives for writ
ing, without huvmg any proof of either. 1- this
candid or hone* ? — or is it mean, f3i!c, and unman
ly ? Hie in • who undertakes to slsert a thing t•»
be true, wi. i ■ : knowing woe;her it is fo or nor,
is equally guilty of fall'* hood (though it fhonld turn
out 10 be as he afserted) a: if he had told an uri
tru.h, knowing it to nr so ; becaufe it (hews lie OaS
fo little regard to tru:h as to rill-i his veracity up-. ,i
an uncertain event. 1 he irfinuscticn that I wiim-d
ro :n .ke roon for myfc-Jf or me (• lend, mighr he . r>
p1 ::d with equal force to any per foil, who tni^-hc
< ff-r in oppofirlon << your I .te mcwbtr, lo that ,.u
pet Ion could .fFer hi* 'ervi. -s to the ptf.Ju-, in np
p hit ion to him, though lup-rior in point o: a'nli
lies and integrity, withooi being fu:peered oflioilur
views, becfiti‘ti your friend has been guilty oi ;» riea
rberous mule of the confidence of • h- people, his.l
has been juftly a ecu ted ot it. Hut truth is the fame,
com-from where it will, and: will he refpeeted
wherever found ; therefore, ii » have told the truth,
the P o.ple will not care from what motive I ti.,d
it. I he facts wlii. h I dated relpecting your friend’s
conduct in th- Atsembly, has not h. c f. denied tit.1! r
by yon or bim'-ll • ’.m attempts hate been maos
both by you and him, tc. jo rity them ; h<>w far ymi
have fucceeded in this, 1 thill ex mine fir it, in a.i
fwer to the arguments you have eff-red in fupporc
of your peririon, an ! fecot.cily in am*- r to i h»- <x
cti es Mr. E. has off-red for abandoning the trus'c
repulse! in him by the people.
You lay theft is a w'.ck dnefs a male vole nee :n
the representation I have given or your Pei it ion,
that you did not fuppofe any pt-rO-n upon e-.rtli
would be guilty of. is it w'nkcd and malevolent:
to tell ihe truth ? and did 1 i*.ot till the truth when
I laid that your Petition to tsx the People to re
emhurfe you money you had loft ir. fp» eolations,
was prelented to the Afs m'dy by Mr. B. ai d rc*
j rcted in the committee of Courts ot ]ufric.£ ? Tiie
Journals will prove this. You verily believe, you
lay, that hundreds io »h*» County would have Hon
ed the Petition, if you had re quelled it ; .hat might
be, but would that make the caufe any better ?
would it not have tirade it worfe, that thoufands
ihould contribute to mend the broken fortune* of
hundreds, than oS'Tkne N ,mbers will not fane*
tify a wrong, nor will they nnke that tight which
is wrong. Bjt it is lurpriHug. that our of fo m any
hundreds, w.ho were interc.ud in the County i-t
the event of that Petition, that you ihree geode
men only Ibould think of prefei ring huh a on-.
You juliify yourfelves by (vying, that limihr Peti
tions to your s, were preinired h in Hat
H implhire and Slum-ndoah Counii'.s ;— does tins
prove your’s to be right ? does it not r.iher pm. *
that their's were wrong. became . hrv w ere firudar
to yout's 11 at was wrorg? Bor j am it lined '<»
fn-lieve, that thole petitions wei«» not fmiinr ro
vour’s .• tint their obj-i ts v :v- d ff-t-M. -. vb» : *
tx^wCt i iiiuulvi be able to llicsv vouiu ilwy my b-s.dfi