The gazette. [volume] (Portland, Me.) 1798-1799, 1798-07-02


Let IL conhder fri, what IS the extern
ofthe jurildi6on which Tie conflla.es Of France
may r8huuliy exercCe here. Eve-y nation has.
OF natural right, entirely and exc uive'y, al
!theJurIiIi5ton which may be rightful.y cxescif.d
IN the territory It occupies. IF It cedes any
portion Of that jurildi6ton 70 judge appointed
by another nation, the limits of their power
mutt depend upon the in]rumeat of ceGion.
The United Staes and France have by their
coniular convention, given mutually t. th-ir
coniuIs Jurllditti 4 in certain cafes efpacillly
enumeratet. Bat that convention gives to
neither, the power of c 'ablfh; ny complete counts
or admiralty within the territory Of the other,
nor even Of deciding the particular qu-Rion Of
pre- or mt prize. The confulates Of France
tHe', cannot take jujicial Co3nizance Of thor.
queRi'ns here
:" O this opinion Mr.. Genet was when he
wrote IFS letter If May 27,h, wherein he prom.
les 70 Coned the error cf the GO. I'll at
Charleton, # whom in my letter of the 18Th,
had complained as ar;ogaring to h:mfclfthat
Juril lttlon ; though in his GulGq1ent letters he
mas thought ProPe. to embark ii the errors Of
his coa(uls.
he real qneaion is, whether tie United
Sta'e have not a ri7ht to protect veatls within
the w5te"s and on Their COATS? The Graroe
was taken within the Delaware, between Tie
ih1es ot the 5erleys and Of the 81 te, AMI feYe-
'ai miles above its mouth. The fixing har was
H'6 ant violation of the j1rf5ifon of the
United States. Mr.. Genet, however, Unread
ot aPoIoclzllg, takes great merit, III lis letters,
tor giving herup. The williams fad to have
been taken within TWO miles of he flores Of the
United States, VIXEN the admiralty declined
oognizahce Of the caf., lhe was de iversd IL tie
Frerch con.ul, according 70 nv Ietter Of Tune
| p, to b kept until the executive Of the United
| States ihould examine mo the cafe; and Mr..
Gene. was deliced, by nv letter of Tun. 2Qh,
to have them furniih=d With the eyideace on
behalf q The captoIs, IS u the place Of cIDture
yet 10 this day it his never been done. The
brig Fanny was alejgeI to be taken within
i've miles from our lhoge: TheCatherine within
TWO miles and an htlf 1t IS an edentisl AZ
trhut7 OF the Jurlldi9o1 Of every country to
| oret-rve peace and punlh a1s in breach # II.
lnd reitore ProP-ry taken by force within its
limits. Wee the armed veh.s of aRv nation
IN cut away one of GU own vef.'s Fl m the
| 3harves Of Philadelphia. and 10 chure " call
2 Prize, wouLI his exclude u from tie right
OF redretiing the wrong Were i the vcf. Of
| any other nation, are we not equally bound to
Prote9 It while within our limits? Wee Il
tslZed IN any oh3r w2t-rs Cr Oh the flores IF
he United States, the right ofredredi lg IS Gill
the fans, ana humble indeed woulI be our
| condition were We obliged to depend for that
on the VIII OF foreign conlul, or any hog7-
cation with diplomatic agents. Accordingly
this right Of protection within its waters, and 4
reaionable ditance on its coats, has been ack,
nowledged by every nation, & denied by none
and if The property feized be yet within their
power, i is their right and duty To redrers the
wrong themfelyes."
France herief had afertel the right in her
felt, and recognized it in us, in the OH article
OF our treaty, where we mutually 0jpulatc, that
We will By az re means IN or boqysr mot by Ne.
gociation) protest s d-f:nd each Others vef7el,
and eject IN our ports or roads, or on the feas
near cur countries, and recover and rell-re The
tame to the right owners. The UuiIcd Neither.
lands, PrulIl and Sweden. have reco gnized II
alto n treaties with us and in iced it is
tNndIdg tormule inherited 10 a'mof all the trea-
ties OF all nations, and proving the principle to
be acknowledged BY all nations
In the letter Of Mr.. Randolph u Mr. Fauchet
already cited, that gentleman retumes this fub-
jet and Mr.. Fduchet in anfwer TO him f,vs,
the admiralty courts have always cedld 10
the intreaties Of our enemies for their irtcrven
ton II prize caules, II truth frequently and
almoR confantly, by uGng the double Plea Of
which you lPoke to noe, that is tofy, by argn-
ing either OF fezure within the juiifJiaional lines
OF, the United States, or Of armament or arm.
menation Of armament Of the capturing vefeIs
2 their ports. On Ibis fubed, fir, you redueR
me to fpecify circumAance where prize was
rrc&ed which did not come under that denom-
nation, and you take the trouble to eRablih,
that they have right 70 intervene IN every cafe
hat can be brought under thofe heads In the
hrlt place, fir, never have, at Leaf to nv
recollection, con'elted the right of your courts
or If LLe nnNarnnlar. to :ctn--- -- .-