The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1797-03-30 00:00:00, page 1

The Potomak Guardian, & Berkeley Advertiser.
[No. 334.]
? H V R S D A Y, Makch 30, 1797.
Voi.. 7 ]
Franklin.
03“ WHItLI LIBERTY DWILLI, THIRI I» MY COUKTIT.
[ Open and uninfluenced. J
Authentic State Papers.
DOCUMENTS *
Which accompanied the meUage of the Prefident of
the United Sta'es to both Houles of Congrefs,
J tno.iry 19 > ‘,97*
JLetu r to Mr t* j N ckney. Mmifler Pb nipotnitlcry of ibe
United Utatei, to the French Republic.
(Continuedfront our iuji )
Tb HE Preftdent’s tnellage to the Secretary on the
16 h ol April, ’04, does no: declare (js Mr. Adet
alserts) '‘that Mr. Jay war. lent to London mtj to
obtain a rerlrtl, of wrongs/’—lor Prelident lays,
that Mr. J ay's million would announce to the
world - A lolicitude lor a friendly adjuftwent of
o.r com claims," and that “ going immediately
front the United States, fuch an envoy would car
ry with bitn a full knowledge of the exilting tern,
t.er and fenfi-'tlitv ot our coven y , aiid thus tie
11 lehr to ’Vwtficti'c our right t with Itrtntlels, and to
iulavitr }'UI' niuth fiuar.t, " And lhail the .purfuit
of either of thrle .injects be denied to us > What
were oor complaints ? 1 he inolt urgent regarded
the fpoliations on oor commerce, and the.latter tin
inexecutiori ot tbutp.rt of the treaty of peace re
Yp-crinti the (l ifts. With the latter was connectcc;
til.. Indian war, with which we hati been harrafed
frr lo many years; and with the former, tne inju
XV or ruin of our merchants, and the coilittjUtnt
extenfive dattnge to agriculture. T hele being the
Yep,It prominent ohj?,.s of tbc miffi in, were ol
emirie mure obferv.mle and ir.olr talked of, and
without thrill live miffi,in probably would not at
that time fiave'beeii contemplated. Bat had we no
a <nh,.i “ complaint ?” Dd not the imprelimcm
o; our lea men, like the lpolmions.011 our commerce,
ex 'ne an unitreiial complaint > II d we never tin.
rule!ted our uneufinei, at Great Britain*.! avoiding
* commercial treaty ? Was it not even a fubjvct ot
complaint f Was not the inducing iier to emer into
foc.il a treaty the object of divers mexlures agitated
in Congrels (—Hid not a commercial treaty with
Great Britain been earneftlj fought tor from the
conclofion of the war to the lime of Mr. J s mif
fi m? How .1II0 could Ml Jay,, after adj.il'li.ig the
primary objects or ms hujuuh, uchci pu*' u
cpr'rv of our pacific dtlpofition and more cffbcuHly
«* cultivate peace,” than by forming arrangements
calculated to net end and.prorect our trade, to pro
more good neighbourhood and a friendly and mutual
hsneficial intetcourie ; l>y prclcribing a previous dr
inand for j'lltic.e and faiisfauion to baity reprilals,
■which generally iead to war; and by agreeing to
■other regulations to prevent dilputes, or to acvj-tft
them wh- n they fhoold arife; all thefe objects then,
and whatever ellc would be the mean* of “ cultiva
ting peace” we.e clearly comprehended in the Pre
iid? nt’s mefsage.
But Mr. Adet fays, “ rhat Mr. Jay’s negotiati
on was involved from its origin in the fhadow of
my fiery.” And to whom was our government
bound to unveil it ? to France or to her m'milter—
Mr. Adet ihould anfwer, or not have complained.
And was it for this, to make us a dependence on
t u * French empire that our alli&nce was formed ?
D'.d we ft i pul ate to lubmit the exercife of our love
rcignry (if it is not a coniradiciiun in terms) to the
direction of the government of France ? Let the
treaty itlelf furnrih the anfwer. “ 'I he effectual
and direct end of the prefent defer five alliance is ro
maintain tff-dually the liberty, fiver,-gniy and We
penitence abfilute and unlimited, or the i<id United
Mates, as well in matters of government as of com
mine.'* So like with the treaty ot amity and coin
jnrrce in irs preamble, declares that his molt Lhril
t!3u M'jefty and the United States, willing to fix
the rules which ought to be followed relative tothe
com ipomlence and commerce which they deiire to
eftiiblilh between‘their relpective countries, have
taken “ for the bs.fi-? of their agreement, the moft
perfect equality and reciprocity,** ‘ and referving with
* I to each tarty the liberty of admitting at ;itpi injure
4)leer nations to a participation of the lame atl^anta
gci.” Com-tponding with this declaration in our
ireaty of amity artl c* n nierrc with France, is
the deilaration of the M-rquis de Noailles, her
puibalsador at the court ot London, on the 13'h of
IvLich 1773, five Wttks after the treaiy was iigned.
borne pa's t>-s it) tins declaration are lb pcrtiiunt
to the fu j :ct in dilcuUion, i lhail quote them at
length.
“ TheTb'*"od Spates of America, who are in full
pf‘f <]}i™ ojindepntJence, as pronounced n> them on Lite
4 n o' juiy 177b, having prop >led to the king to
ionfolirfate l:*v a formal convention, the connection
begun to be ejia1:! tiled between the two nations,
the relpfctivc plenipotentiaries have figued a trea
ty of friend I hip and commerce, d digued to ferve as
a foundation tor ; heir mutual good correfpondence.
“ His M.*j-ftv being determined to cultivate the
pood uadentardii'g h i fi ling between France and
Oteat jLiiuuin* by evtiy mtans compatible wilii
his dignity, and the good of his fubjccts, thinks it
neceisarv to make this proceeding known 10 the
court of London, and to declare, at the fame time,
that the contracting parties have paid great attenti
on net to jlipuhte any exclnfjve advantage! in favour of the
French nation, and that the United States have rferved
the liberty of treating with every nation whatever itpm the
fame footing of equality and red/.city
Wbyv after all this, do jc «'ar from Mr Ader
the complaint, that the negt*ns of il.t Rritilh
treaty were fecretly conducted-? in other words,
that inexercifing their abfolute and un:united rights
of “ government and commerce” tin United S:ates
did not lay open to the French tmuifer or his go
v eminent he inflections to car envy for fettling
mr own diXputes and regulating our own commerce with
Great Britain ? So tar as candor and iritndlJnp re- ,
t^uired, a communication was made to the French
tninilter. —He w >8 < flicially informed, “that Mr.
Jay was infiructed not to weakm out engjgein- nts
to France.” This iaftruciion was obeyed, Mr.
1 > . having taken care- in inlrrt in ■'the 2-5ih article
ot she treaty this txpiu’t (tipulation, that “no
thing in this treaty contained Mail he- construed or
opera re contrary to to, me?-and exit ting public trea
ties with other fo vereigas of (tales.”
The government g ive a further proof of its ran
or and friendfbip by communicating to ihejFVench
mtfiifter the treaty if elf prior to its ratification,
“ in order to enaole him to make fuch obfervaiions
thereon as he might judge pi uper." 1 belie obter
vations you will tee in Mr. Ad* t’s letter to 'he fe
cretary of ft ate, of June 30ch, 1795 • a,-d the refu
ration of his abj<*ct»oos in .the kcietary’s aulwer,
dated the 6th July following.
With thefe facts in view, facts of which the chief
are drawn from our treaties with Frnce, and from
her own acts and laws, what opinion is ro he form
ed of.Mr. Adit's declaration, “ That the Executive
Direcmry-regards the treaty ot commerce concluded
with Great Britain as a violation of 'he treaty made
with France in 1778,. and livaleiit 10 a treaty ol .
alliance with Great Britain V* .
I will now advert to the,charges “ »+iat far
from offering, to the Frencl^ihe foccours which
Friend (hip might have given without conipronflTting
it, the American government in this tetpect viola
ted the letter of treaties.”
As far as I can difcover, the latter part of this
charge is refted wholly on the 17th article of the
commercial treaty ; which, therefore, it will he ne
cefs .ry to examine. The (iipulatiows are mutual ;
bur the examination will be fimpl’fi.'d by <•< ni’.der
ing their application to Fiance alone. I he 17th
article then declares —
1 ft. That the fhips of war and privateers of
Frame may freely carry 'he lhips and goods taken
from their enemies into the ports ol the United Mates
without being obliged to pay any fees to the officers
of the admiralty or any other judges.
2. That fuch prizes are not to b** arrefred or
feized when they enter the ports ot the United
States.
3 t hat t.he officers or ine unuea Jin'cs man
| not make in examination concerning the lawfulness
of (uch prizes : but
4. That they may hoift fsil at any time, nfd tie
par c and carry their prizes to the places eised
in their commiflions.
5 7 hat, on the contrary, no Ihelter or refuge
Ih.iil be giten in the ports of the United State*, to
fa oil as t iis 11 be mule prize of the fobj-rts, people
or property of France ; but if lucb inall come in,
being forced by itrels of weather or d inger of the
fea, all proper means lhall be vigourouily tiled that
they go out ami retire from tfifth as loon as pofiiole.
ft will alfo be convenin' here to notice the fti
pulations contained in the 2cd article. ThelV are
1. That foreign privateers not belonging to trench
fob jeers or citizens, having commiflic r»s from any
other prince or ftate in enmity with trance, lhall
not fit 1 heir (hips in the ports of the United Mates.
2. Nor fell their prizes, nor in any other man
ner exchange their Ihipa, merchandizes, or any ci
ther lading ;
3. Nor purchafe victuals, except fuch as lhall he
necefsary lor their going to the nearclt port of the
prince or ftate from which th<y have commiiBJns.
The cafes that have occurred in the courfe of the
prefent war in relation to our treaty with France,
particular'v the 17th and 22d article, juft mention
ed, hav lead to numerous dilculiions, in which
feveral of\]w points have been d iiberately fettled,
either bv Irgiflaiive or executive aets, or by judici
al decifions.
The fir ft important executive act was the procla
mation of neutrality by the Prcfident of the United
States. This was il'sued on the 22d of April ’93
At themxt meeting ol Congreis on the 31)1*1 De
cember '93, the Prclidem laid this proclamation
before boto houfes. The Senate in their addrefs in
anlwer to the Prefident’s i'peeth, ihusrexprefs their
opinion of the proclamation,
i “ Wc deem it a uiealurii well rimed, aad wife,—
maoifefting a watchful folicitule for the welfare of
the nation, and calculated to pomoie it.”
The vddrefs of the H ouCr of Rc-prefentatives wat
■unanimoujlj agreed to. V^e read in it this paragrapli.
“ ihe United Stares having taken no part in the
war which had embraced, in Surope, the powers
with whom they have the mofj extenfive relations,
the maintenance of peace was u ily to be regarded
as one of he moft ipportam cities of 'He magif
tfrate eh;1 ' * «>► faithful x- uiio* -.the laws*
W-accordingly ^ v * »pj -o; :.>n end plea
furc, the vigilance with which you have guaidt-d
againft an interruption of that bletiing, by your
proclamation, admonifbing our citizens of fhe con
Irquences of illicit or boltile acts towards the belli
'i.rcnt parties,* and promoting by a . ration of
the exiting legal ft ate of things an eafier admiflion
of onr right to the immunities belonging to our iitu*
ati"n.”
Vet this is the internment, thus approved by con
grefs, and whole only object was to caution our ci*
| t izetts to avoid certain acts whicli would violate the
laws of nations, which Mr. Adet has ventured to call
an infidious proclamation of neutrality 1” .
The next executive act notified by Mr. Adet, »•
: the le«ter of the-4th of Auguft *93, written by the
Prcfi ient's command, by. the ftcrcia ry of the trea
Jury, to the collectors of the coftbms, and accompa
nied by the rules which the Prdident had adopted
for preventing all armaments in favour of any of the
. belligerent powers.— \ befe rules were confidered
1 as juft and nerHsary deductions from the laws oT
I neutrality efttfblilhed and received among nations,
t fhe letter from (he fecretary of the treafury, is ex
planatory of thele rules, and among other inftrnc
ions particularly points the colhnors to the 17.h
and 2zd articles of our treaty wuh^rance * leli ly
inattention or mifconceptiun- of them, ihe might he
injured and her enemies bene'fitted. The letter con
cludes with enjoining the collectors to execute thole
inftructions “ wi*h vigilance,, care, activity and
impartiality”—“ became omifiions would tend to
expofe the government to injurious imputations ar-d
iufpicions, and proportionabiy to commit the good
faith and peace of the country.” How could inch
rules, with' Inch reafons to enforce them, not el
cape cenmre ? They *vtre framed and required to
be executed with it rice impatialiry ; and confe
quenilv were to prevent Frenchmen from continu
ing thole aggreffions on our fovereignty and neu
trality, which had been commenced under Mr. Ge
net's orders, and which were calculated to involve
us in a war with Britain, Spain and Holland, for
^c this time rhefe were all combined againft France.
rrencnineil were io nave utuci pi eicicucca Ilian
thole fecured to tliem by treaty . (except that they
were not forbidden to tell then lawful prizes in our
ports) and our citizens were to be relirained from
committing bolni'uies tinder the banners of trance,
as well as thofe of other powers.
The third off-niiveact was the pnfidentVs fuhmit
ting to Congns thele meafures, and ^ggelting the
expediency of extending our legal code, giving
competent jurildiction to the courts, and providing
adequate penalties to prevent and puuilh violations
of the laws of nations,.
The next complaint relp^cts the act of congref*
pafscd on the 5th of June 1794, “For the punilbmenc
of certain crimes againfi tiie United States ; “ being
thole to which their attention had been called by
the Prefidenl’s fpeech. lvlr. Adet at'ks, “ Wluc
was its relult ?“ and gives himfelf the following
anfwer : “ in coniVquenae of this law, the greater
part of the French privateers have hern arrefted,
as well as their prizes ; not upon formal depositi
ons, not upon eftablilhed teiritncny, not upon a
necefsary body of proofs, but upon the (i tuple infor
mation of the conful of one ol 'he powers at war
with the French republic, fnquently upon that of
failor’s of the enemy powers, lometiines accordirg
to the orders of the governors, but often upon the
demand of the diltrict attornies, who afsert upon
principles avowed by the government, that their
conviction was Uifluient toaurhorile them, without
complaint or regular information, to cattle the pri
vateers to be profecuted in virtue of the law above
mentioned. And “ when the minifters of the re
public have allied for juft ice to the government, for
the vexations experienced by the privateers, in con
tempt of the *71 h article of the treaty, they have
never been able to obtain fatisfactinn.
Judging only of thefe declarations of Mr. Adet,
a It ranger would imagine there had been a combi
nation of the general and Itate governments and of
our courts, ro harrafs and do it jultice m French
men engaged in privateering. Bur our o' t citizen*
place a different eliitnate on this impeachment of
their Prelident, their fenatois, rnd reprefentztive*
in Congrels, their judges and other public officers :
and an examination of the ci*es cited by Mr. . Adet
to fupport his aiseriious, will mauii.'U their iocor
rectncis.
(7u be continued )