The gazette. [volume] (Portland, Me.) 1798-1799, 1798-05-28
.MOnday, May %, 1898.
documents from our Enjoys.
MEMORIAL TO THE FRENCH Gov
ERNMENT.
(Coatiaaed from the LaP GazeTt.)


Pa AT the fame time the exertionS of
Ca the United States to pay up the arrear-
luDssageS of their debt to France, which had
= Z been unavoidably permitted to accumu
aFF late, to make diGnterefed and liberal
advances to the fuferers Of st. Domin-
NJ 60, thown fuddenly upon them, without
~ provifions or money, Whole recommen-
Q dation was that they were Frenchmen
IL and unfortunate, the perseverance with
= which they apologi2ed for and ,afcribed
NJ any vocational injuries they fufained to
as@ the force Of circumstances, the interef
fst which they continued openly to take in
i: all the fortunes Of this republic, mani
~ ~ feied partialities of very different fort
-. from thole which have been 70 pnjufly
Z 4. attributed to them.
'o1s At this period TOO, great principal
- was brought into difcuGion, the difpaf-
~ fionate confederation Of which is eGen-
lb= tial to the fair Ultimate of the charges
= made by France againG the government
l. - of the United States. The property of
j French citizens was taken by Britiih
uy; cruiferS and fhips Of war, out Of Anne
Hgs rican bottoms, and the American gov
eminent fubmitted TO the practice.
- The propriety of fubmitting to it de-
ponds entirely on the naked right Of
the captors, under the exiting circum-
I. itances Of the cafe, to exerci1e fIch a
aa power. The circumstances were thele.
y In the treaty of commerce made be-
: tween France and the United States in
sa February 1878, it was Ripulated in
fubfance, that neither party fhould take
out the veffels of the other, the goods
of its enemy, but that the character Of
the bottom ihould be impaired to its
! cargo. With England the United
= States had made no liquidation on the
/, fubjea. -..
]. II follows that the rights of England,
being neitlE,r diminilhed or increafed
by compact, remained precifely in their
natural fate, and were to be afcertain-
= ed by fo:ne pre-exiling acknowledged
principle.
This principle is to be fearched for in
the law Of nations. That law forms,
Z Independent of compact, arule of &C
ton BY which the fovereigntieS Of the
civilized world content to be governed.
II prelcribes what one nation may do
without giving jutt caufc of war, and
what, of consequence, another may and
ought 70 permit, without being con-
fdered as having facrifced its honour,
its dignity or independence.
What then is the doctrine Of the law
Of nations on this fubie6 Do neutral
: bottoms Of right, independent of par
ticular compact, proteG hottie goods
The quehion is to be confdered on its
own right, uninAueRced b. the wines
or the interelt8 Of a neutral or beliger-
empower.
1t is a general rule that war gives to
a belEgerent power right to feize and
conflcate the goods OF his enemy
However humanity may deplore the
application Of this principle, there is
perhaps no one 10 which man has more
universally afented, or TO which iurifS
have more uniformly agreed, Its theo-
~ and its practice have unhappily been
maintained in all ages. This right
then may be exerciied on the goods
OF an enemy wherever found, unleiS
oPpoled by lomc hyperion right. Il
yields by common content to the fupe-
rior right of a neutral nation to protect,