Star.
London, England, 1801-11-14 00:00:00

dellrotts to point out wl.at he confldeeed would be
the confequences refulting from the Treaty in its
pre(cnt fhape. Though he did not with to oppofe
-it, he could not concur in it. His objed in flat.
ing the grounds of his &flew, and the effect of
',heti articles a as, that thole who were in the Exe•
euti ye Government might, by further arrangem!ut
and negotiation, remove thole ambiguities which
he thought exifted in the prefent form of the
Treaty ; ned by future explanation fu amend it,
that hereafter there. might wife no doubts in its.
conftrudion. When he confidered the interval of
delay which had taken place between the ligning
the Treaty, and the period of its being laid before
Parliament, he had no doubt but it arofe from the
• circumflance of further negotiation being actually
going on between the Courts. He did not (peak
from any knowledge of the no, but he thought
himfelf warranted from circumftances, in drawing
that inference. It was for that realon alto that he
wiflied to (late his doubts. He apprehended that
it would have been better to have *puftpoited the
confederation of the Treaty until by thofe further
arguments, explaining the doubtful and equivocal
parts of it, the Honfe would have had a full and
complete A:ew of the fubjed; and it was upon
this ground alto that he could not veneer with
the Addrcfs, in tinting the Treaty. to be a corn.
plete arrangement of our interefts, while further
arrangements were pending. The Treaty w:ts
unfatisfadory as to this previous point : it invited
Denmark and Sweden to accede to the Treaty,
which left our naval limes as the contraband of
war. This might be of no gout importance as
to Ruffle, but Sweden had claimed the fame ex-
emption ; and before he could decide upon the
full merits of the queftion, he ought to know
whether Sweden had relinquifbed thole claims by
any other Treaty t It was molt important that the
point fhoold be fettled: and the moll favourable
opportunity had prefented itfell of fecuring the
interells of this country on thole molt important
points. The queflion having been forced upon us,
it ought not now to be blurred over. The Mari-
timeliowers would never be lefe able to alit the
Norrhein ones in their claims than they now were,
and as they had themfelves railed the quellion, it
ought now to be fully put to refl. He admitted
that there were fome approaches to it by the prefent
Treaty, but he hoped Out before it was totally
done with, it might be made to conflitute a code
of laws upon the fubjed, which might be appealed
to on all future ovations. It was in that view
of the ft:Ned that he was Anflt to offer to their
Lordlhips his contiderations upon the operation
of the Treaty. There were two grounds of conli-
dering the f:iieflion—as relatiee to the aimed neu.
trelity of 178,e, and as to the late confederacy.—'
He could not Jo better in tiering the points in dif.
pine, than take the order as they were (bated in f
another place by the late Chancellor of the Ex-
chequer. There were five dillind propofitions
' maintained by us, and controverted by the North-
ern Powers. The t:rtt was, "Theft neutrals lheu'.d
not carry on that part of the enemy's trade ii; war
which they did not partal:e of in time of price."
This divided itfelf into two branclae:, the malt-
ing trade from port to port of the enern's coun-
try, and the colonial trade. from the Colonies to
the Mother Country. This frit, viz. the Coati-
ing Trade—the French excluded ell foreigners
from in time of peace; and as to the fecund, it
could never be don bted but that it was a fair object
of captare. However, very early in the war the
Americans remonftrated aeainit including them in
this law, becaufe they Rated, that as they fup- j
plied themfelvcs with Colonial produce frem the
IVO Indies, if they were to be captured, they mull
be under the neceflityof obtaining cirenitotifly from
Europe what they ought to get dired from Mar-
tinique, or any other ifland. It was thought tea.
tunable by his Mejefty's then Government, that
this law fhonld not be refereed with regard to the
American States, becaule their local lituation
fumed a material difhintfi,n limn the other Eu-
ropean Towers. A (hip bound to America from
the Weil Indies mull fail in a certain comic,
and the very fad of a (nip being found out of a
certain latitude wculd negative a pretence of
her being bound to America. The fecond princi-
ple was, " lice did nut make free g 00.1.."
The third related to "contraband of war." The
fourth, " that a blockaded port might be fiv a
ertii zing fquaclren—and that when a port was
blockaded ; and notice given of it to neutral
powers, all (hips bound to that port might be cap-
tered at any part; the dellination and I,:ciency
of the blockading fqnadron appearing to he /...al
pr." Oa the other hand, the enemy preo
that the fquad,on mull be fuel'. a: intended to at-
tack the port ; or that it fhoold he ft:trio-are and
fufficiently near to prevent approae.a withnet dan-
ger. In !bort, they infifted that the blockade of the
port of imitated itfelf to the inve:tment of a city.
The filth and last principle was, " that neutral
nips fhotild not proted enemy's prop:ay," and as
a coefei,:ienre of tl is of fearch. Haying
thus flared the principles hs d.fpute, Lordfhip
pl!eceeded to hate how he cm-Adored dia• prin-
ciples would be :erected hy rl'e arrangements
:tercel noon in the 'rimy tinder 'he confidenition
et t' ter Lori gips. Here, he raid, he cord.! not
Tannra e at 7:1 kaming Ttc3:7, c•ed
et our own, we had imprn-
: !iy t: it on the obi-to:Lion, To• ity of
apeel I.eutrality, by .01;6 w^ t 1
fiosi,n,
e' :o the neet tat--:
in as 1::e ~! d:t!inetinn ; gin, c l• was
adrii;ttc..! rate of cOnfiTIILCi I.) 7.!.er
to c‘cf;inn:. e.eilmcal Com whence ~,,y
v-:...tc tied, to allitP;it the it:tut pro,,t;..ti 4,1 the lat•
ter at:Li:mew. TLe th:111 articic the Treaty
foll.eved almnft v. reds of the Treaty of
rit.:d Neutrality if i-f o. by th it Trcaty the
•••-:tril.s chanted " t, ppd./gal.:en
1, top-rt, I*e erog tot t,:e
•In the pref. lit Treaty the word; -were i
o the of N, :,1 Power; (hall fail without
.• 'ea re she port and al..mg floe c.tdr. el the
frit iow.." 1 tom the a rnhiguity of thcle
, is Islitht be ary.ied by the
r • r.. 1-, they Led a ripht to fail without MO-
! 1!.1!;• !I lo•nl port to roft. " efpcciall vas the
wex•:s along the tank" feemed to bane no other

CU
it w
the

meaning than to eonntenanee this interpretation.. poet Upon it. The rights for wie--.e .. „
~
This mode. of conftrultion would alfo receive ad ik- contended were now completely
„:.%::
.. •-
tional force from that rule of conftreetion, whit what (tamped an ineilimable \ „.„.„
„.. ~,
..
referred to the Prize Treaty of teiloe from which fent . Treaty, and made it the imet ...;
the prefent was framed. He was Viewed to fay, 1 ever:entered into, was, that (nee t'•,:.. •
that if the lett point was doubtful of conftrteethm, ! it on our part could not be rePii..,i ;,v v• •
the next was not at all fo. It Ma completely fur- the part of the neutrals ; but the re .e.: et
rendered the right of the Colonial Trade .t the , peaceably fettled before the c,
neutrals.—lic would appeal to his Learned Frierd lof the country. He hoped ...
on the Woolfack, if any conftrudion of the words I Noble Lord that his allegatiore e c•-..: i
could deprive them of that right. The words, as founded. In the frft place, the reeeel ,
they flood were-0, The effeits found on board the set up any fueli retention as that ,r• ~,,..
(hips of neutral Powers (hall be free, with the ex- the codling trade in time of war. :Fie:
ception of fuch as arc contraband of war, or ene- the Treaty were, that the neut,...i rk:
my's property; the raw or manufadured product • at liberty to navigate from port to',
of the countries engaged in war, which the tub- enemy's coall ; and the meaning •ane
jells of the Neutral Powersfialllerorperelvefed. and Rending between the parties on this ee,
are bringing away on their owe account, (hall alto ; that when a Ruffian Thin fhoeld heepcn t, .
be free."—'This he contended would effc&ually 1 a cargo, part of which was to be tic lk•aa:.• .
give them the colonial trade, tince it was very eery I port in the enemy's country, and pail is ,
for the neutral to produce a title to the goods, port, fuch (hip thould he at liberty 0., re e,
..
on hoard, as they might really and bria file ! fiveral ports where fire was to deliee,' tie. e.
parchafe ; for inftance, the cotton and coffee of parts of her cargo. But it at a1...y ee ewe ~•,,
Martinique, and then by the words of the Treaty fhould appear that fhe took in.aey pert,..
he allowed to bring them without molettation to my's property, for the purpote ta (one, e
the enemy's ports in Europe. With regard to the 1 other ports ; if, in fhort, the amide :it; .e,,:'
second article, for which the confederacy had carryon a coaling trade for the eaeme, 0::. .1
contended, he admitted it was molt fatisfisetorily cargo would be liable to tearch and cerfere: •
fecund to us. With refped to the third principle, IHe defiled Noble Lords to look at exec e e
relative to contraband of war, here, as in she fire}, late treaties entered itao between this c•zeee•;;Te.
we had made a conceffion ; but he would candidly l France, and there they would find tae Canc. a •
admit, that it was a fit one to be made to Ridlia,l ciple laid down, and the fame treaties eee,....e
and therefore he did not urge it as any objeCtion No doubt, therefore. could exit as to re, et..
againft the treaty. Contraband of war had beentru- I underfianding between the parties on tie „e;,•,,
li dated tobe every thing which enabled the enemy and the lenfe of it mutt be ex elained be ..r • .-:;,
to art againft. us; but particular Treaties between documents that exitled between loo:!: c• •ee,,
Powers might enumerate what as between them The nest point alluded to by the NeeL Lord ~.,
thould be confidend contraband of war. It was fo that of !Wing that the neutral power could ir e
regulated between this country, and Denmark and Treaty carry on the colonial trade of tie ,-7:;r-,
Sweden. Naval fibres were not included in the pre- Were lie to decide judicially on this pert ee.
fent treaty, and the noble Lord certainly gave atrue Treaty, he would put a conttrudicn tape e, 2,
reafon why it was not necedary--becaufe of the different from that of the Noble Lord. h-I, .......,
imperfed nate of the Ruffian matine. But Ruffle jolt ark, whether, if it had been 1:7.....,':,!:
bad of late made great accefflons of territory, and give up a right of fuch effential v:!:• - as t!,
if the made other conqueas ether in Turkey or one in yucflion, tome notice would Liss !Ea, I.
on the (hopes of the Baltic, the would have the taken of it in the Treaty? He had re e: .-
means of becoming a confides-able Naval Power. hut the clear underflanding was, that tia ii..•
The rh Article of the Treaty, he confidded (hould not be given tip; and a farther i .!•;:-.
as another con ceffion to them, allowing half a crcw tion might /till be had on the Subject--teeec el
of Ruffians to conftitutea Ruffian fhip, would go in late war, :he perfoas who at one tin,: •• .. -
.!
ionic degree to aid the want of Ruffian rumen.— France had maintained a mordiono a; .1 1.%-it
His Lordlhip preffed there arguments at great propofition, which (hewed how fat the :f ''....7. 4
length, and thought that by our admitting, in the the: time ch.:patted firm thofe ufaga., vehici:
terms we did by the Treaty, that naval fibres had been facredly obi-in-veil by nation-. ':...•:
were not contraband of war with Ruflia, a ge- psi:tended -they bad a tight to c00.i.e.10•
neral argument mirlst be railed againft us by goods belonging
.0 nem tal count:,
other Neutrals, feet we admitted as a general they had bccn originally the pl.:al:lce Ef (:
p:inciplc that they ought to be fo considered. The Briet:a ; and the nal.; pi•eteoct th.s 1.:..: ',.. •
bell in:lscirle was the fourth, and related to the ing lb was, 014 cf their be ::g rr...T: ••• • -. !
eilocleade of ports. By the former neutrality they I The ;I:in.:ink aricd upon it :lie 0r..:...; ';' •.-
conduded, that a port was not blockaded unless was quite dial-eta. The words dee] j 7:. '. ..
the itinatiren W:IS futficiently near to create danger th:s coot:stay would not cow*: her ;t, eii.:MV'S ;.,
of going in, c•o/liationary. By the !
relent l'reatv Lorry fuch goods, as having formerly la ii :.•;:. •.4
ththe:....Q:C! 0. ! Ar'll d'..7.r.':d into cr. He colder:l,i • the enemy, had fince licen nes: nit-cif •h••• .. •e• :
that we I-:•I l•-.,•1 ii,• •..rs:ade a great coneefO a, I ilations.V It was istipefiisle she:elan: to ..••
as it seor' !',e ironcli:Ole to keep :a lqoadron .11;... .I:at becaofe we were me is, pr. :rent ....::;•: . - •
.''cunt!,ree.• '., r. 0.-.., i: .nger of e..r• ting ; and a jars fiom ace ,:ring the ci,:onial produce o::
that cafe, hy :h..: i.: .1'...1. '1 t.:::ty it , oahl rot le ererie, we ware ta enable lic:111 to CMS' fi: .r
Co;;CtLtecl ::. a C.... 1 h 'ay. V:::.ts 3e' :t tt, CC:Vni7l trI.L. Oil •:?),; :ii1.:,..1 of c.l-• _•J
the ft ih and lath p.ii•ciple of arpuractit— the trade, the feelings of the IZI.Lt: 1,1 l: ;1:11. 1i...; .1
s iy,lit at Las el:. iii, lor.ifhip went into it at tor., ~n a:term-ea asion on the err,'- of I; •i a
Ii,111,: kiaerth. I i... th -ogiit that the cortecific a which they eiisi not hear. If any of!! 7T: :
of not .1' ~,y.itz a ptivateer to fearch when a bad b-ecu es ;menet! with the i:!rne eeeee er.
king's f:e w...s in convoy of the neutrals, was whirls the Neele I..o:•d had eanvaired l'.•: y-....--.
one whirls might be. conceded without n rich would be found iiableto objections Mil at,- , •• -
danger ; but lie pmfeliel he did not b::lieve all the rote, that. veer:: now us ;zed. In puttir •:: r 7.... •
rcrnondrances whirls had been mad:: ;Tahiti the ti• as on a Tro:ary,t!:r jute ii; iai, oh the:,...-.• • • -
conduce of privateer., becaufe lie Lncw that locked to: and that formed the tiny i; .; : •
many moll filll'e ants unfounded charges Lad of it. Th.: 'colsic laird had oblervcd, Si,-; •!..
been exhibited againft the King's Onicess.— • Treaty v.•. 1::.; he. 'laving the foundatitr, •-ar a • •
To many of the regulations on this point he had I iiabarai ti•ahe, which sill other neutral • •
not much objection ; but there was one I.) very would think they had a right to (arra c.•
important, aad to very milehievous, that he :he Noble Lerd (ight to have knovss Si .:.. ~ ,
thought it tended to destroy the good eilea of every was only a freak Treaty with one na..:•:::, t.:. ..
othto. part of thole regulations. lie alluded to could no: biad any other power, end Lad r• .!. .
that part of the gth Article of the Treaty which to d.i with 41. V treaty that niii,lt: be env:-s. -; !..
related to the rink of fearch ; and in selii• hit was st ith I:ell:nate or SaYeden; and each c •1!:. '•• '7
agreed that an thiglifh Officer flionlil Lave a right hem& er nice either litiilastii or Atneri , • • •
to fearch .1 neutral convoy, if he had a reafiniahle of carrying on a contraband trah. s'. . • 7
ground of fulpicion. From this Article it would was confined to Rutile alone; and we he' •
follow, that it the papers on board the man of rel, nor were we at war with Ruffle. ..:•••- •
war Froteiing the convoy were regular, no fee:eh here a complete renunciation of the. Ce- • e
'old he made ; and every body knew how eafy Trade; there was a clear unequivocal ado..:;. • :
wa, to have papers on board ready to anfwer the right of search; and he would e••:., 'e ••••
purports of thole. Formerly fuipicion ufed whole, if the country had not ellablifte I ;hr. sa••t
, ?roW iii' rd the re.tral WhiCll had k-en made for which she had contended i U'itli rte ere e. '•:,
it t ie riot eseaece, hut now by this Article it • right of feareh, he midi fay, he withed lie
sr •;!: y-cced: the t.earch ; the fearcli could net fee that right exereid'd by privateers as we:l •
be enasht. tiehee there appeared ground for fue I King's :Mips, at thefi: vet Tels fo-r.::' it .."1"c--.- '
piciar:, ay.: there would be. no ;'nubility of 'of to n•real power of the country; and IC,. -
Kii‘.W.:lg 1\ hellice the allegations is pews were that falfe philanthropy by which the prao!.
true or laife. Ile world ilk, what ground could privateeriug had been condemned in Fan • • -.
there be for ihfpicion, unLfs the officer examining , would regard it as molt etl.ential to the inter..
the papers had reeelsci; filch information as could 1 this country. As, Inwevcr, the right of i.e..: -.- "I
jullify a icarcit ? St,:,!. r,. .a Daiiiiii frigate with a I pit's-racers might be refilled, and could ie Ic:• k•
.I.)anifh convoy Cond., naraen to be going into 1 ercifed in fiime intiances without a itcclar:c -•-;
Ercit, a British oirserr fl.eolif go on board the fri. i war on one tide or the other, he theught e •
gate, and find p:.;•.•:s t!.ert having all the :Tray- !to give it up altogether. The objedioe nee. '
:ince of rcgahii•:::. 'rile Ihips pratated by that the Noble Lord as to the right offearell .
• •
Isigate might 1..-. ...Ides, with warlike licrcs, and • part of Great Britaiu, applied not to the rie - e
yet the Britith ofEcer r,-,:ilis not fcarch them, he- fell; but to an undue detention after tea. 1• • • •
cattle he Lad no !le 171141 of Inroicion liir CI doi:T. ; was made. The Captain of the Belligerent • e '
I: theft: words ;a the Tn.,: v Lad any cffeel at all, , would have the right to go on board the 0111! `''".'
he would elk e•leo .lie
coned it he, except that ell guarded the convoy. II then lie had 3:11 ;Pi' ":
preventing a fearch alteeether ? He felt it to he his • for fulpkion, he might go away without m..•-
duty to date the a:pre:nail:ens lie entertained con- airy fearch. But if he had a fufficient mita.. •'.
cerning this Tre-ty. hcaante lac thought the ob- was not bour.d to declare what it was, but it ~.. •
jeeiiiinable part of .: I..iala he amended, or rc• proceed to Ls (:arch. It niter the lurch it app -.,:-
moved by explamt•••.l. 1.4 c was lorry, therefore, esl that there laid been no julfitiable motive i....r • ...T
that the 'tirade ma. chi. d upon in this iniper.cht tel.; ion of the vetlel or vcliels,then.he was tell-. d:
floe Li' the biarin.'s, to vote an add:efs, to wis,ch Ile to no power tin what lie had done excnaa !
he could not Five lei, Ando own eenntrv. He contended, that notwithr lo::-
'llic Loen CHAN,: est os 6...gati by regretting Iris in a what r 1,,. Nol.le Lord had laid, a leareli n:•... ••••
inability to enter In fully on the fubjeZt as he could dill be made, and that there would be as little ....
wiih, in confequence of` the fatieite and ;nail-pore gr of neutral veil& curtaining contrahaial :•,. •••••
don which lie laboured under at that time. In nevas 1; rmetly. I lam the nature of the d 7'g
the opinion which he metre to give on the prefcnt tilde the ;•at.and of fulpician mull depend on t!-
flibieek, he mutt m-equefl their Lordlheps to be on diferci ion of ihe (;;"err ; :old he was to dem rr..• .. ;
their guard againft what he flexed fay, as be had from other cireurnilances, befides the cram:nay ...
been a party to the prjent ttanltaion ; had given of papers, trhether he had not a good caul!: r•
his advice as to its adoption ; and therefore mutt malt: a karct. L'pois the whole, thereft .-.
he interefie.l in fupporting it. lie mull tell the appeared to Lim that the quetion in the in: •• '
Noble Lord, that the wools of the Treaty did net cafe was, whether any Treaty could be lel; vb., '
in any naanuer bear the iuterpretation which he tioriabit than the prefent ? He was ceeviiic,t. a

~~~.-

lU:aa y.

~~