The Sun.
London, England, 1807-11-24 00:00:00

LETTER V,

SIR,

Acrording to the intimation of my Fourth Letter,
proceed to the discuision of the eleventh Article of
the'American Treaty :—'and first I shall state the

qs36"tson.

Ever since the war of 1766, when the case first
haepened, Great Britain has asserted, as a principle
of her Maritime Law, that ,Neutials were not to be
suifered to carry on any branch of 'trade, not open,
!Iv 01. in time of peace. The trade between France
aed her Coloniei in the West Indies being mono-
pnli by the Mother Country, we ha `e held any
trade i)etWeen France 'and her Colonies to be for-
t
biekkn in Neutrals during war, as it was by France.
herself in time of peace. • This was our principle,'.
of,whieh America disputed the justice and thereasen.
Soon after the commencement of the late WV r,
whets France opened her Colonial Ports to ,Neutral
Traders England- found it necessary to enforce
stritly her prohibition of the Trade; America, who
naturally became the principal carrier of France on
the Mantic:, soon devised methods of eluding the
initruEtitins whidh we gave to our cruizers. It is
not neeessary to folloW; minutely' the variations of
th4.te'instruetidfiCiWe prohibited, generally, accord •
lug to our principle, all Neutral Trade with. the.
Patch - Co/mud:A*4'min time' to time' we allowed
several relaXations of this principle,. From 1791,
to the, conchtsiOn,of the late War,, and, during the
pre4eet War,', we have permitted the exportation of.
Fren.eh-Colonial Prodece, direßly from a Frerti':h
Ishod to an American Port. The voyage to France,
or t<; tiny European Port, we have strialy forbidden
to Americans. Nothing can be more obvious than
triiigraeod upon. Which this alt3tiiietion rested ; we
did not wish to' prevent America 'from supplying
herself with such
.Prodos.of tht, colonies of Fre:lee.
as she might really want for her own use, we only
inskied 'tipon the right of preventing her from car-
rying on, for Prance, that Trade in which our
iiia-
r,ti,oe superiority' had made it imr',oss:ule fiorfrance
her..,:lf to persevere. ,
The American* bovernment did not succeed in
obt3iniog p. further relaxation of the instrualons,
ingennity 'Ol4 Merchant very soon devised
a methed of ei.adieg them, They carried their
goiidki from the West 'lndies to a Port-of the United
Stitt,' s, from which, witheut molestation, they •
tlo to Europe. f,
• :D., Com-is of the Law of NetiOoS, spell as are
onr,Adeniralty Courts,' alwayS proceed,. in. a much
g;......iit.:r,degree than our Courts of Law, or 'even than
ten Courts Of Equity,
,upqn the BoNA FLOis, Any
speci,,S ut fred or evesieni is in these Courts (and
surely. with reason) considered. as noxious ; 'they
Wok always to the Spirit of the. Law whigth;,•theyad-
ininiter; and they will no more countenance an
evasion than a direft contravention of the law.
Wheorwcr, therefore, it appeared to these Courts,
that 'the iMoortation into an American port. was not
te,e2l/1../0 an importation into 'America, and for her
use, they deemed the -voyage continuant-frotri the
West Indies.to Europe, and the touching: in Atue
riea ass mere deviation, but no interruption of the
veyagel ,atid they consequently, condemned the yes-
• thus eluding tho law.
What was, or what. as not, a tona;fiele importa•
ttots~: it was not very easy.to discover—the. Court of
Admiralty in vain attempted, or rather saw the
fnitity of attempting., to lay down a Leneral and in-
• avertible; rule, which should be applied to all
cai.!;'. 'lint although it never fixed upon a criterion,
it was led by the circumstances which various cases
bef9re it, to incline at different times to
circiAusLincuo, ;If affording a 'presumption.,
dt that the importation was real. 'r

At fir,t, before the systeni of evasion .had bon
brottht before the Court, the AtUCTiCiitgi. thought it
stoilcient merely ; to' muck at an, Acne:loan Port—
diieoVered, tind the fraud prevented 'they-
Ilext tratishipped their goods, u an AMeriCan'hq».
to was den:;:ledT they found it'neces-
..l)ry aCtually to land the goods„.to give bond for 00
dtules, oud aCtudly to pay the duties', and all, as has,
b en abundantly proved iwour Coats, evasively
if:todulently, the merchants being supported in their
and fraud by the Pllieers of the American

Court, therefore, finding it quite' impossible
to adopt any specific rule as to what should he' the.,
/ea of genuine importation, the Judge was obliged
, ,
tt, upon the merits of each La
' seaccording to
eviL,ence j and in this praaice 'be was supported
1.7 the decisioti,i of the Court of APpeal.
. ,
ft was in bees state of the 'Matter that the subjed
Came undo discuision by the British and Arne.
ticati Plenipotentiaries. The Politicians' have at,
tempted what the" Civdians could not accomplish,
the establishment of a ,(31:' suittAL
Before' I inquire how well they succeeded; it is
necessary to allude to the circumstances of embar-
iaisment, arising out of former alea#ures, which

it has peen urged the British Ministers met in the
execution of their timt.
I have already stated, that the Court of Ad-
miralty had been led, at different times, to consider
particular circunistances as presumptive proof of lona
fidq,itpportati9n, The rig:A.4 jyplty Courts,
blished in the West Indies and elsewhere, are in the

habit' of looking to the Hie); Court of... Admiralty in
London for their guidance in all matters of. Law or
of evidence. -Whenever this Court.endeavoured. to
lay dew n ;any general rule of Law, or to tic any pre,
cise`uiethod ipplicat ion,
_the; infericir Courts are
.expeetpd to adopt the same; and they. are sometimes
made acquainted by Government with the decisiOn
of the Superior Court, in order to produce uniformity
of proceeding-in the same manner, the decisions
of the Supreme Court of rippeal): are Law to the
High
.Court ,of Admiralty; as well as to the
Admiralty Courts.
It so
,happened, that, while the High Court of
Admiralty; riot having yet discovered the extent of
the artifices by which: an evasive importation was
concealed, was in the prafaice. of considering the
payment ti duties as a sufficiOnt net of bona fides,
the Vice Admiralty Court of Nassau (whether from
a general, misapprehension, or from having better
means .of discovering the American frauds, I cannot
say) icondemned,a2Vessel, which, after having irn!
ported into America a cargo. of :Enemy's colonial
koduve, had -attempted to re-export it to a Partin
Europe. Of this sentence the American Minister,
Mr. Evros KING, cemplained to our Government
!the' matter was officially submitted to the King's Ad-
Noeate General, who, referring to the decision of
the High Court,of Admiralty, reported, Alutt the De-
cree of the Court of Nassau was erroneous. This
report • was conunimicated to the Vice-Admiralty
Courts for their -guidance, and- to the American
'Minister for his intbrination.,
'And.it is 'upon this, report ,atid• comniunication-
that the allegation of embarrassment is founded.
.It

is said that Ministers were proventecf by it from
making. Any stipulation contrary to the particular
decrees of the C'o'n q of Admiralty to which it re.
ferret'. Nothing em be more completely erroneous.
In the tirst,pNce, I set out by .denyingitoutly,' that
any Law or Pri;.:ciple which had been adopted by a
'Court of -Admiralty, even though it. should have
osistafro.nt the tirnepf Sir LEOI,INKJENKINS, ought.
to have precluded the discussion of the subjea to
which it referred, by the Ministers of the Ne4otiat-
ing Pw,vers. lt,might-as well be said that an Ael of
Parli:uent imitosipg certain duties, or allowing Cer-
tain drawback:i, Would Lie sufficient to preclude auy
negotiation Ottithe subjc& of reciprocal imports, cos
contained in the fifth Article. . • ~ "'

But if it, has not already appeared that the report'
of Sir JOHN Nictrora.'referred .only to Ma then.
usual prublice opus Court, T trust that the EXtrads,
which I must request you to insert, from' the Judi-
cial Sentences of the Prize Courts, both prior and
subsequent thereto, will completely•bear me 0ut.74
It is fair, first, to insert that part of the Report
itself which appears to have been relied upon on the
other side..

" Tlie direst trade between the Mother Country
and her Colonies has net, • tapprehend, been recog-
nized s, legal, either.bv his Majesty's Goyernmeat,
or .by his„Tribunals, /nal is a direr tracle, or
what aniounfr to an intermediate impartation into.the
Maraud .Country, may sometimes be a guestioli of
some diflicultN.. 4 GUITLR DEI'igITIOS Of either,
Optical,. toall met, cannot well be laid down.—
The question 'must deplind upon the particular cir-
cuntspinces n f.eadt case. Perhaps the, mere touch-
ing in the Neutral Country to take fresh clearances
tnatpropetly be considered as a fraudulent evitsirmi
awl is, itfetfea, the direct Trade; but the Flinn
Comm of APMIRALTY ha c..p.:!:islk decided (and
see no re,./son to expea that the COURT of AIR
gill part' 4rho rtilei), that lauding the goods,und pay-
ing the Duties in the Neutral Country; breakS the
continuity of the voyak e, find is such an imfiortation
as legalius the trade, although the goods be re..
shipped in the 'same VessLl, and on 'account of the
same neutral proprietors, and he, forwarded for sale
to the mother country or colony."

In, this Report (which "was. dated the 16th'of
March 1800, the great difficulty of laying dawn a
gcncial rule is recognised, as well as. the necessity of
referring each case to, its particular circumstances,
;3 fraudulent .cits ion is acimowiedged to be as noxious
us the direa trade, and when the decision of the
Admiralty Court, relative to the Payment of the
Duties is mentioned, it is dearly implied (as was the
Undoubted fact) that the Comer of ,AVPHAL :night
vary the. rule, though the King's Advocate -.did 'riot
at that .time see any reason to expea that they world.
Having-already drawn out this 'Letter to rut unu-
sual length, I shall renew the subject in my next,
wheni shall inquire how justly the mere transruis.
sion
,of a copy of Sir Joint Nrcum,eslleport,, to
Mr. 14.1240, ian be eonstrued intointo n pro.
/nisi!, on the part of Lord FLtwKasnuav, " that
,the
payment kf duties should lie received as evidence DIM:

eontinuity. being broken." In the mean time,. T a.,tttE
very willing to let the questiou rest`upon the report
itself, with the preliminary explanations which have
already been made.'

DECIUB.

• - MAILS.
A:tit:no-2 Puhlin. Due—, Gottenburgh, t Lisbon,
- s Dublin, 3 Watertord.

• . - • PRICE OP STOCKS
TOM DA ,Y AT .TWILVIL O'CLOCK.
collsol3 • • 6311

THE SUN.

SOLEM QUIS DICRAL vALeus AuDrAT?

LONDON,
TUESDAY, NOVEMUER 24, 1807.

WE this morning received Paris Papers to the
14th, the contents
.of which are_ important, but
we have not time at present to offer any comments
upon them. It is positively stated, that our Troops
have evacuated Alexandria, and that the Turks re•
took possession of that place on the 22d September,
in consequence of, a Treaty with the British Com-
mander.

lityonAinitre has distinctly declared that lie; wil
not suffer the Portuguese Government to exist any
longer, and th,t he'will destroy if for its attach.,
ment to this Country, as a WARNING to the
other Nations of Europe.

Tux extreme animosity of the French Ruler
against this. Country has induced him ao adopt such.
violent measures in his dependent States, as seem
not unlikely:to tertninata, in hilt own ruin, .if the
People of the Continent, and indeed of France it •
sell; are not sunk into the lowest state ofignomini-
ens cowardice. The following intelligence is given
to the Public, with a positive assurance of its authpn-
ticity

In consecitience of 'the tritical state of Portugal,'
the *erchauts of Hamburgh were'appreltensive that
all.the Portuguese property would be put into a state
of sequestration, and therethre they had been anxiously
endeavouring to dispose of it.. Their apprehensiens
were fulfilled on `the 11th inst. when a seizure took
place-on goods- which were in,port, but had not
been landed. The aggrieved. parties lininediateliv
made application at the Custom-Sonse, to know
what was likely to bethii result of these oppressive
measures; but Were told, that nO satisfaadry answer
could be given for a fortnight at least, as the fate of
Portugal would most probably be determined before
that period. Initnediately after,' the Commercial
Restriaions imposed by the Frenc4 Ruler were
carried into the most rigorous execution upon'all.
Vessels, even inclUding those in ballast, Not one
was permitted to leave the port. This severe measure
was even extended to the Cuxhaven Hoy, and all the
Fishing
,Smacks.. The Prince of PestTs Convo, as
be is called; gave orders on the 21jtii OaPber that
the Mailfroin AniSterdam„ 'should be Snapped 4
Hanover,' and all the letters, except single °nig,.
were to undergo examination'. After this inspec-'
tion some of the letters were delivered, but p griat
nuniber of, them , were wholly suppressed. Leery
Puteb Mail that ''has,•heen
.since brought . to
burgh has been subjea to the same OXfi
It is impossible to describe the consternation and
terror which these proceedings had excited, particu,
larly as it had been reported on the lf,,ichangethat
this same Prince of PoNix CUR VO had obtained
inforMaiion of the correspondence. which, soave
of the people of Hamburgh ' continued to
on with England, bad lists of their
,narnes;r. 'and,
proofs of what he Was pleased to style their
,cle-2
.also reported, that some 'of
the Merchants , found guilty of this 'correspond-
ence' would be ordered to Paris. It is natural to
suppose that this threat excited great terror, and that
the people of Hambnigh must be anxious to induce
their cOunexiona in this Country to write to them
no more, under the present alarming state. of•atfairs..
Letters sent from this Country to' Dentruirk, by tvay
of Gottenbuigh, are subjea to. the same examina-'
tion,,' and the persons to wheat' they May be ad'
dressed will be subjea to the sante danger. Colo-
nial produce:at present is Merely sennestrated g but.
if it should be found thatithe Vessel which brought
it has touched at a -British Port, it is at once con-
fiscated. This property is hardly ever claimed,.
because the claims are never .adMitted; and the
parties are 'likely to be• involved' In consequent
trouble„ SuCh articles 'as are
.consumed by the
Armies, as. tobacco,, &c. may. be imported, pro.:
vided that this Country has no concern in it, and
the most vigilant examination takes place int.% Dto t
any possible concealment,.

Since the Declaration of the CnmwN PRINCE, dated
August 16th, none of the Vessels that were in the
Ports of Holland, or that arrived after that period,
have been unladen, though the. Danish subjels to
whom the cargoes were 'consigned havp made ter-
peated applications. Whatever Ships had been
laden for England have been seized, and re-
main in the same vexatious predicament. Nay,
the mare presumption that articles sent to

any lea-port, were intended .for Fn;lan I, is a
ground of seizure. But these ,rigorous me i.nres
hot such perplexing ramifications; that it is hardly
Possible to ascertain their -extent.- The subjeas of
Neutral and.Priendly-States (if any of the States un.
der F.renck Controulciah-he.sa.denorainated), If till'
urge, their Claims to any propertyi.are obliged first
to prove that the property-his been paid for, end.
must then bring a declaration 'from, their reepOtice
Goverumertu, certifying,that the trade is
Hence the greater part --of -suela
,firopeity- confis-
cated, because the Neutral (or rather Vassal) 'State,
fearful of giving *ante to'rrance, will not venture:
to make such declanitions.' But 'even this it
neat all the oppression Which the-mercantile people
in. countries -wider French influence are doomed to
'drier, for Bills ,drawn`
.from England, or upon
° English 'account, upon V the people of Denniarip
Must 'not be paid to the h0144s of those Bills, but
to a newly instituted Commission, under a penOtY.
of double the amount. No more lenity is shewn 10
'the:Hamburgb Merchants than to the English, and,
indeed, to so lamentable a state of humiliation are

the former mducecl, that•one of them who bad cow
'Adorable dealing* with America was absolutely ob*
lilted to resign the keys of his warehouse to a Fretwby
Officer, To aggravate the matter; with a ntockerY
()liege! fora wtheAmerican Consul, Mr. Foasts,
vOs.requestod to be a witness of the ceremony.,
How long such a' state of things can bepermittea
to re.maircit is impossible to say, but it may (aid/ 4
be observed, that fil/IibTAPARTS seems to be two'
re clung T"
iiiiir SLlch despotic measures, for lie
thereby not only instigates. the,People of other States
against:him, but Mays eventually irritate his ova
Subjeas, in depriving them of their,accustomed ar
'ticks of consumption as such rigorous Proceedings
have evidently, their. origin: übt, in Pigicy, but ill
ithe most rancorous spirit of ag,gression.
In addition• to' the above details, lottero liave becil
-received w4itch stsato, that Ve,ssol had arrived at
'Chet:burgh, froM :New York,
J, den with sugar and
cotree, which had been -seiaed,- and the cargo SC.
lqueitrated, although there could be very Hato doubt
ithat, it was French Colonial produce.

An article from Itiga, in the last Caries/pm/min,
)nliates,'that the Russian Army hai fully Madeup
'Jostles it sustained in the late watt, and that its naive..
fiber is now complete; nay. more,, that it. is abeut, to,
be augmented by a. new levy, or (10,002 men, wkich..
according to an. I,nperi4l Decree is now raising.--
The utmost exertions are using throughout Itessia;4
to advance the naval' and military strength of that(
Empire.,
An unusualbustie prevails at this 1110InetIt through-
`out the Army, in conseiluenca of two, it nut three,.
:intOrtant Expeditions being about to sail, Troop's;
;are colleetiog at three puints-7-at Portsmouth, eft.;Plymouth, and at Cork.. • • •
"7th, or.noyttl:Fuzi*
leeArst;Plostillt" 13th, there
, trod, 9d battalion; oOth,•
82d, iind•sitt battalions of the German Leginn.
io3ut are—the
i std
i.::ireyA2tedmPhalyrnkwedut,hanteroe.aorese ttYl4.C4Oismtipnagiulliesozeda
:merits,. the t I th, and Old. Buffs, 2d battalion, Pa',
battalion aoth regittent. Some other 0110
are on the march. , •
At Cork--Artillery, Id foot, it battalion
'or kdinOrgh.rogittcnt Gpti •tioth,. the Tilde bat'
Wien and.3tst, ttd sbattalion ; and gi2d, ed bang*, „
lion, or' Gorden Highlanders hre to be sent to Col**,
There if.• no longer any aoubt of General Waits-
Lock's being brought,: to trial, The error
,menus are- made, 'arid' the charges'given in At.
• the Hoese Waids.: *The investigation is to
take..place into the •,witsale of the disaster In South
America. The General Coen Martial is to be-held.
at Chelsea ; a Royal Duke is to preside at tile
trial; and General Gowtta's arrival is only waitoi for.
The ~Weptu tors, Amish Man' of --War, 'whicti
some o
once of ~erudiesnhtPioinlot°s has •been.
tyre Lh
fl'
oedlore.n:Fa..°'.as4ariptoseinSr.: charge:a a;
us
inally
ilgwent a having 6:
owr tl"t
rillealavvt:ehde.b'
irl irons,
upon this
'I lie
-
aniCrlhiacoirpunnarhTrotfr.olwTlflie:ilpteghobeerrtacpurnil:a
ribreeityteedwdnight. . ce4ninoltanh Autadanatititri;al:trY...;.•
boarat
The
B)d,
he lateheavy galesg, rootirchliiiieae Regiment;
gu
;ddne to several valuable oak and •0411thaeirn•atiime 4betit •tr'breeed 111):,
on the estate of, Earl Pow's, near • Tenbory,
is estitnated his Lordship will sustain-a loss of Pegg.'
1'2,0091; Considerable' damage haselso been dons .
to the fruit-trees in that neighbourhood, by' the
heavy fall of snow. • '
An appliCation, it is understood, -will be .mado
Government by the British Merchants, whose Pr
petty was seized in the Danish ports, that an inder
nifteation be allowed them out of. the Poisisll
rO
Petty 'Which has beee.detained iu oitr ports. " 7
scants only a just measure of-retribution ; and in
event of the application succeeding,' Dectnark
the n,,,vybile she seizes 'our cargoes yith
b& obliged to restore them _to the aggrieved eV
with the other. '
The improvements in Carleton House still ei,fr.
tinue ; and in the Course-ofithree mentho,:the whoJtit
will be completed. The Chinese-rociiii;ils'aTied. s;lt
pert) apartibent- is at, last finished. It is the n; ?°,_,
superb thing of' the kind which the irnagination 03_0
conceive possible for the ingenuity of mail (0 rot_ u;
cute; its parallel 03.11110 t be:found in. EaroPe- -!un of
alterations'•are yet to take place, at ale suggeStiO
Witt:sit Towne, Esq • Mr. Horrea,-
Y
-is to superinteud. A. new robin, en'irei 70flaip;
adjoining the Chinese-room, i*now in a state s
waNness. The furniture isof course to core 139 i'vvl;
01 the noir-yule style of ,the .new Dining-toesa / •„.
• •--- • • a dlt' •
• ilrail-have an-Opportunity shortly of glvlog ,iat it jo« •
tion ; suffice it tier the present toltbserve,
troduces new ideas for the standard of taste.