The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1797-04-20 00:00:00, page 1

The PoTOMAK Guardian, & Berkeley Advertiser,,
[No. 337.3
?HURSDj4Y‘, April 20, 1797.
VoL. 7]
t rank lin.
£3“ WHIRR LIBERTY DWELL*, THIRI IS Mf COUNTRY.
[■ Open and uninfluenced. ]
lip jBMMHBHBHWBMBB Mill III I T TT.IT *1HWIIM1I1WII llll I Tin ~ll [ITir’ -\T
etssmi
Authentic State Papers.
DOCUMENTS
Which accomp tried the mclsajic ot the Pre.fiUnt nf
the United States to both Houfes of Congrefs,
January 19 i?97
• Letter to Mr. Pinckney. Minifftr Plenipotentiary of the
United ionites, to the trench '1 public.
4 (Continued from our laji J
IN hi# letter of the 3 l of June, '96, which you
wiii fi.;d among the papers, relpeciing the C .fli
i/s Mr. Adet ni?»u ioneu the liffiir of the Favorite
at New-Yof k ; aiid intimated an idea that (heTix
t-cuiive might in lik-- manner caule rhe prolecuuon
sgainft the LeCaffius to ceafe. But the proceedings
3n she cafe of the Favorite were wholly in the tunas
€>f the Executive officers, who were under the Pie
Jident’s immediate controul, and to whom, on evi
dence faiiaf.tctory to the Executive, orders were
|;iven 10 dlfconrinue the proceig. in tins affair ot
the Favorite we are fortuuate iu finding one ca(e in
which Mr. Adet (contrary to his afsertions in his
ime of November 15!) acknowledges that juttic<
' •as done by our government. You will ftbferv ± ir
Mr. F .ticket's lc*ter of the 23 1 of September, '94
a very formidable complaint in this afiT.ir of
Favorite ; that it was pretended that a privateer
t ted for a cruite had dep; filed arms on heard her
2 .1 ;hat this pretext was ifsued tor vilifiug and
j diaging her ; That »he was a /hip of war of the
1 -pu’-dic, then icrving as a ttore llup until (he could
\ i rtj aired : Tha; the fovertigmy of France was
Tiolated, and her fl .g infulud. Yet by rht letter
C' John L 1 mb, Fuj coli ctor of the port of New
V k, of the 22d of November, ‘*$4 you will lee
mat at the time the lefxjre was nro.de ot the lo'
p-'Cfed articles on board die FiVoruc-—*• file having
been loudly dtjntalted, her creW lent on board
'a?her ltuns of v.'-ar, ar.ti her fails, ripgYg mt3 other
*r. tc ri ii 1 >i«i ai p‘<i)]ic vuction, Ihe w,.s conlidt red
as a Hulk p oth.rw.fi: theft ent\vould not have tak-n
place." i in* cofl-.-ctor (nether de« hires that (hr
charge ofcnulih:;* down the national fag and hoi ft -
ii suothe. in y.Lee v. ,.s gronnc’iefs.
ifhftle arc *U '.he cafes exprefsly mentioned by Mr.
A !er, in which Fc-nm privateers and their prizes
fa. vc been brought under the cognizance ot our
courts-of iuftice ; and ail. therefore, to which an
anivver can he directed. H>r1 he cited the other.
Cedes, which he lavs would fill a volume, wo have
no doubt that there would be found in lhem which
Ivive been mentioned, abundant reaion to jultiiy
4 he government and the tribunals.
i v j 1 • niiri a ^ 1IIII J.'I .1 > 11 I all- iiui 1 wiiuuvu j'u
tauons ot injufciie experienced by French ptivateers
and ibeir prizes from cur courts.
iff. {t He protehs agai'nit the violation of the 17th
article of the treaty, in contempt of which the A
me r i c a n tribunals have taken cognizance «> t 1 h e v a 1 i<1 i -
t\ of prizes made oy French Hope ot war or priva
ti'. rs, under pretext of original armament or awg
X) eolation of armameftt in the United States ; or of
c pture within their line of j iriltiiction.^ ’ bjt 1»is
j rcdecelsor Mr. FVucbet, alter faying 'hut (nr arl
x.liralry courts interfered in prize caffes on the
ground of feizure within the jurifdicuonal line ot j
t; e United States, or of armament or of augments- j
lion of armament of the capturing veisels in their I
ports," immediately adds “ On this (object Sir, j
you requeft me to Ipecify to a circum.tance in which ;
a prize was arrefted, which did not come under |
th.it denomination, and you take the trouble to el
t: blifiti that they have a right to interfere in every j
cafe that can be brought under thole heads. In the !
fi fr place Sir, l never have at leaji to my recoiled ion, '
tc ntepid the right of your court or of the 'government to in- ■
U- fere in mutters of the nature of thojeyou mention : bui 1
c.-mplaiu of ['• s facility with which prizes have been
thrown into mule two clafses, which do not be
long to them.” He then lays that he could cite a
jp eat number of affairs to which he alludes ; hut
contents himfelf with mentioning only two. J he
£ it is the cate of Talbot, of which 1 have already
J >ven tome details, and which with the documents
jeferred to will thew this to have been an unforru
ji^te inltance 10 iupp« rt Ills complaint. The other
5« that of 1 lie prizes of the Citizen of Mar lei lies, al
I » already mentioned, and which will not jnftifv a
tomph-mir : for all hough the final decifion w as in
favour of tlie piiwteer, yet the lenience of the dil
ii i»;t court was not reverted in the circuit court but
tpon tlie introduction of »tw tefiimony : and the fu
prtme court allowed nodanioges, becaufe iluf tefti
innny was fo ambiguous as to juft'tf) the appeal.
Bn. quitting the contradictory declaration of the
French minitter ; and referring you to the letter
chted Auguft + ib, '93, from the fecretary of ftate
* letter, June 8, 1795.
t o.ate Papers, p.
to our minister at Paris (which has Seen publilhed)
for the reafoning of our gi/vcruiftent on this lubjecc,
and the demonftralion of their right and duty as a
neutral power, to prohibit any of the belligerent
powers arming their veVsels in onr pons, confr
quently to ret.ore to rheir proper* owner* prizes,
taken and brought in bv vefssls \o unlawful!} aim
ed, or when taken \vii h‘:n mir line ot jurifdiction,
l will i?n'y "Id here—l the principles of the
rule* on this (object frit adopted by the Prelident
on the moil mature deliberation received a^erwards*
the fa net ion of Congrefa, by th?ir act of the 5th of
June, 94: and of the Judges In all rheir judicial
proceedings, in the prize caufes in queftion. ii
then the 17th article of the French treaty has been
violated, the Executive, the LegHloure, and the
Judges of the Federal Courts have all deliberately
concurred in the violation. This no American ci
tizen will be inclined to believe, and we might fup
poie that the confi.ieration of fuch concurrence to
vine opinion would any where produce a usufe, and
fome cHF. lit'.ce in pronouncing it erroneous. Nei
ther the rules adopted by the Prefidem, nor Phe act
of Congrels have inurfe a new law reflecting fuch
prizes ; they have only directed cite wiles of proceed
\>ig to fulfil our nevlrxl duties agrecabtj to the t.ui'vnjal la w
:J stations. i he Judges h<*ve applied this law ; but
ot wuhout due attention to the obligations of our
rci-ties, which thry regard as Inpitnle laws of the
land.
2 Mr. Adst a'tfrotefrs againft the violation of
lie r7>"h article of the treaty, in contempt of which
Engliflt vetsels, which had made prize oi French
men. have been admitted int o the ports of the Uni
cod Mates.’* The conn ruction of this pai l of r he
17th article for which Mr. Adec, after hi* prede
cefsor Mr. Kauchet, contends, is this-—That if a
national fhipof war of the enemies of France has at
any ihre> dr.d'in any part of tt:s globe, made prize of a
French vcfsci, tucli ihip ol w«r >s to i>? allowed no
Ihelter or refuge iu our ports, un left file is driven in
by Irrefs of weather, and then fhe is to be made to
depart as fcon -*s ;v. tftble. On the comraVv.. ■
confrruction adopted by the Extcutiae of .lit Uni
red States,/and exprei'red in the rules before r.unti
oned whivh h*.d been trmbnirtf-d to the Collectors
in Auguft ’9-?, w:\s this—That only of the
enemies of France were abfoluiely excluded from
our ports, except as before, when compelled to en
ter through f>rHs of weadier, purfuant to lire i?A
article of ’be tr» aty : while jlie national {hips (:f war
of any other nation were entitled to a;.y ufylum in our
ports, exc-p. rpi thofe which ihnuld have made
prize of the people u» property o! trance con.bg 'in
nvi'b tf:ar pi tr.es
On the 91b of ?*ptember, *93, the fVcretary of
f ate thus exprefsed to the Brii fh ir.irifter the de
termination of the executive " The p‘tbT -flips of war
of both nations {French and Englilh) enjoy apeit**ct
equality in cur ports—ift. in c«fes of urgent nec»fii
t\— 2d. in cates of comfort and convenience, and
3d. in the rime they rhdbfe ro continue, arid though
rhe admiflion of prizes, and privateers of trance is
exclujivc, yet it is the < 1'/ it of treaty." &c.
lt> fupport o.1 our construction of the treaty, it
has been obierved that ** the fir it part of the 77th
article relates to French Ihips of war and privateers
entering our porta with their prices : the 2(1 con
traits the lituation of rhe enemies of France by for
biditiug fuel) aslhali have nude prize of the French ;
intimating From this connection oi the two clanks,
that thoi'e forbidden, are thofe which bring their
prizes with them."
To thele observations I will add—that if the
/r?fT<j/i:onftruction contended for by the French mi
nuter were admitted, then, although the public
fhips ot war which had made prize ot Vrenclt peo
ple or property, would be excluded from our ports,
yet the prizes of fu<:h public fhips might be received,
and they might befjld too; for the prohibition in
the 22d article of the t rea»y applies only to fnvc
teen and their prizes; while tIre government ot the
United States jurig'd that the 17ft) at tide was in
tended to **xc!u le the prizes made on the french by
public fhips of war as well us thole nij»de by priva
teers j and ga-ve directions accordingly to have
them excluded. Further, if it had been intended
to exclude from our ports the public flips of war of
the enemies of France, coming without any prize,
then they would doubtless have been comprehended
in one provifion with the privateers in the 22d arti
cle : for privateers are thereby excluded, whether
they came with or without prizes. But public fhips
of war are not comprehended, or at all referred to
in the 22d article; whence the conclufion is fair,
that it was not intended to forbid them coming
alone, and confequimtly that the exclufion provided
in the 17th article applies to them only when they
would come into our ports with their prizes ; this
lab claule of the C.me article being in its form op
poled to the fir ft clank which admits the entrance of
French fhips with tb'ir prizes. Bt (ides, if a public
flip rf 17car of the enemies ot France comes into our
pons without anypn%e, liow is it Jo be known whe
ther Ihe has or h;*s nor n ch pri/e of the people or
property ot the hiria.li ? Who is to create a tribu
nal to inveltigau- and pi on .umi 11 the <3Ct ? Bur if
Ihe comes tu uh a prize the ca'.e pirh u» s no chtiituliy {
Ihe brings with < « i :he evidence whuh goes to the
ex- hfiion of her and her prize.
i mult now advert 10 ifcmc other of Mr. Adet’s
charges ag-inlt lire government ol tile Limed
lit. “ It (ihe government of ihe United States) put
in aneftion whether it ihcuid execute ihe treaties,
or receive iht agents of lire rebel and prdlcribed
princes/* Anti is there any tfc’ug in tins unjuttifia
ble or extraordinary ? Was ir ea'y tor a nation dii
tant as ours, to obi am ptonip )y tbch adequate in*
foimaiton, as would enable .1 duly 'to riiimaie »he
varving condition ot France ? In ’91, ihe conltiiu
rioo formed by ihe conliiiuent alsentbly was accept*
ed bv Lou Vs 1 he* i6;h ; it was nonfLd to tlie Uni
on ed Slates in March *92. Congr'els defned the
PnfiJcut to communicate to the King ot the French
their congratulation on 1 he* occafidn. In Aoguic
*92 the King was lufpended. In September royalty
was abolili'/ccl'j and in January '93. Louis ihe i6h,
tried and condemned by the Convention, lufK-rfr*.
death. Was it eafy to keep pace with the rapid
fttccefSon'of lUch revolutionary ev.euts ? and was ic
unlawtul far our government under Inch circum
stances even to deliberate ?—i do not fud that infor
mation of thcT*c-;h ot the King was received from
our 111 ini Iter at Par is'ilii*ilM >y ui ’93. The. news
however had previoufty arrived n lu.h rrunner as
io attract ihe anencion of govtrmmi.t : lor in April
'he Prelidetu had determined inY-.-eivc a minister
Irom tiie French Republic. And it is remarkable
' hat this was before he knew .list a ni'u.ilur had
arrived in the L'niied States. Tins promp illicit n»
deciding a leading cpiettion does not bi-ai any It rung
marks of hr fit _• turn. And was there no merit m
ibis ready determination to ncknow ledge the French
Republic •. H.id ic been before acV now lodged bv any
power oil ihe Globe-'—How lung did Fratue htJit ate
IO acknowledge ihe R public ol : he United ?n aits *
\ year and a half. A».<t under wlm cii vuniltanees
was the ackuowieg.vnivni uijdt- ' Al.n ihe capture
of a whole Brinlh army npp.-aicu-i«; b \t ef'.abiilh
td our ind'-p-indence. B> 1 ot ibis more hereafter.
In matters ol importance ( md what cuf-ld i>e nit-re
important than the decifiou of 3 muir.i! and allied
nation on qmetiions perhaps involving war or
peace ?) Is ii the part of who dm to n-j<it all d: li
beration, ev^n on points whiv.li do not obvioi fty
prefent difficulties ? Will not prudence dictate u>
him who is to decide great national ipitiiions ra
ther to deliberate long, titan rilk the toiikque nee
of liafiy decHior.s ?
2d. “ It made an inr.u.oos proclamation ot neu
trality. ”
1 hive a!ready remarked that this prorlatvation
received the pointed approbation ot Corgi eis : and
1 migbr truly add of the gi eat body o! the citizens
of the United Scales. And what was the gener-.;!
oWj ct of this pro'.’.-!-1, maiion ?—To prefer ve us in a
11.1 te of peace. And have not the minifters of France
declared that thrir government. dtd not dcfire ua to
enter into the war ? and how was peace to hr pre
fer vetl ? By an impart; l neutrality. And wj| it
not then the duty of the Chief Executive to pro
claim this to our citizens, and to inform them vvhac
acts would be deemed departures from their neu
tral duties ? T his was clone by the proclamation—
I It declared it to be the duty, interel? and difpofiti
on of the United Stare?’ to adopt and purine a cou
dnet friendly and impartial towards the belligerent
powers ; It warned the citizens to avoid all acis
which might contravene that dilpidition : it decla
red that whoibever of the citizens Ihould render
hitnielf liable to punifhment or lorfciture under t^e
law of nations, by committing or abetting hoitiii
tits againft any ut thole powers, or by carrying to
them articles deemed contraband o! war, would
not receive the protection of the United States >■ -
gainlt luch pnuiihment and forfeiture ; and that the
Prelldenr. hid given infmiuions to tl>-- ptopert.{li
ters to profecuteal! perfons who 11 o. M violate ’he
law of nations with relpect to the powers at war
or anv of them. T o what in all this can ihe epi
thet ivftdhus be applied ? On the contrary, is not
the wi.oie tranlaction fiamp.ed with candour and g-jid
faith ?
3d, t( By its cbicatirrirs, ir abandoned the French
privateers to ns 1 oi.ris of Jolt ic« Aiahdened them
te the Courts of Juf ice / bit, you know iu«i.y 01 tie
Judges perloualiy, and all of them by reputation,
and that their char&ctt 1 s need 10 vindication from
fuch an infnniation. rH.cy arc Judges, with who &
adminiftrarion of jofrice our i.wn citizens are
fitd ; and we believe they may challenge the world
to furniih a proof that th» v have nor adniitiiltetcu
jufrice with er.ua 1 impart y to foreigners. 1
will only add here ore-remark, that the cctrc fon
dencies with the French mini; ers formerly publiln
1 ed jointly to thoie now furn.ik'd you, with the
•other documents atccaipuiiying thim, v,ill ihow