Portland gazette and Maine advertiser., 1806-02-17

penlated, but on conditions aHra;ng
ether claims III 70 qv5if contested qvftb
them. Yet the fame practices are
renewed in the prelent war asd are
already Of great amount 1t is We
ry well known thar in fate Of war,
there exits and will probably ever
exit, a certain abuGe Of force, con-
fided to fubaltern hands. Even the
United States themfllves have not
been an exception to this general
rule, and during the fhort period of
hoftilities with France in the year
1913, notwithstanding no privateers
were armed, and that their protea
ing forces conGied only Of a fmalI
number cf frigates, neutrals expert.
enced from them many injuries, well
authenticated blythe numerous claims
on this government by the injured
powers, principally on the part Of
Denmark and Sweden.
Probably there might have exited
lait war fome abules of this nature,
although very rare, on the pert
OF the royal navy of Spain I; but
the king, my matter. animated by
that love Of jufice, which char
a6ferifes him, authorized his prin-
cipal fccretary of ftate 70 fgn a
convention with the American min
liter near his perfon, in which were
itiPulated reciprocal compenfations
for the damages and injuries their
refpeaive fubjeds and citizens might
have fuitained from officers or indi-
viduals Of either, contrary to the
rights and laws of nations. This
ttipulation, limilar to that Of the fame
turs in the treaty Of friendihip, nav
lgation and limits concluded in I7Q9,
and JcrnpN5yly rHmpfea 7vits by ny
iovercign, would now have had the
fame ef-tt b ,hs ratiGcation Of the
convention, had net an article been
interted therein tending TO impofe On
Spain the obligation Of refponiibil-
ity beth detrimental and important
in its refult, as well as unfupported
BY realon and jufice under the ex-
lifting circumstances. My court has
IN direct manner, as well as through
me, repeatedly manifeeed to the A
merican government, its readinefs to
carry the laid liquidation into efe6t,
whenever the article in the lame con-
vention reIa5iVe to the abovemcntion-
ed responsibility, fhou!d either BE fup-
prefled or altered in manner more
ccntormable to jullice, and has been
70 far from refuGng to fatisfy faid
compenfations on account Of other
rlaim5 in no 7vjle connected 4oHb them,
that il was precifely becauie they are
connected that the faid convention has
not been carried iNto effect, as was
and fill IS the with Of the king, my
matter.
1t is true that the two frbjeas BY
their nature are not connected with
each other in themlelvcs, but il Is al
70 true, that this csrnef7ioh IS 1sry
greet, when we conGder that an en-
deavor is made TO forsl out Of the(c
TWO things dilfina in themfeIves,
competent parts Of the fame whole /;
thereby, placing the king my mater.
under the difagreeable dilemma Of ei-
ther refuling to ratify itipulation
which he conceiyes tc be iuR, and
therefore wiihes to fulfil. or elfe oftak
ing on himfelf Responsibility, more
or lefs direft, il favor Of the United
States to which il is well proved they
have no right to pretend.
In regard to what concerns The
new fpoliatioRs, | can allure you Gr,
few are tlioie that can frialv merit
this denomination on the part Of
Spanifh vefcls, as many of the cap
tures, which 70 frequently figure in
the American papers, arife either
from acts Of contratand, or from
want Of having on board the docu-
ments required by the treaty OF I795,
or even from ether circumstances
which the captains and owners Of
fad prizes will take good care to
conceal; 5eGdes, on this head, the