The Wilmingtonian., 1823-09-25
From the Franklin Gazette.

Much feeling has been excited by the
conduct of the French blockading squad
ron off Cadiz, in refusing to allow our fri
gate the Congress to pass in with Mr.. Nell
SON, the American minister to the king OF
Spain. Disposed as we are to avoid any
Ihasty Judgment upon the case, and still
hoping that it may be hereafter satisfacto-
Irily explained, we cannot avoid thinking,
that, directed or sanctioned by the French
government, the act, if not violation of
our nat onal rights, is certainly an insult
or incivility, for which it will be incumbent
upon the representatives OF the people of
the United States to exact formal apo
|logy.
After giving the inquiry as much atten-
tion as the shortness Of time has permitted
we do not think it turns upon the point,
whether it be in the usage or right of the
'public armed ships of neutrnls to have ac-
cess to places situated as Cadiz is: nor
are we prepared to say that the fact of
France having, from motives of policy,
denied that she made war upon Spain,
ought to be allowed to affect the practical
consequences of this peculiar mode of car
rying on hostility, for an avowed and spe-
lcihc object. These considerations may
indeed, agsravate the offence committed,
but do not, we apprehcnd, constitute the
offence itself.
4 The act of the French squadron, was a
direct attack upon our natural right of en-
bassy. MIR. Nelson being on board of the
Congress. and ON his way to the king Of
Spain, as our public minister, and this fact
being made known to the French admiral,
constitute a case distinctly provided for
by the laws of nations, and give to the pro-
cedure of the French government, a char
lIacter which it would not otherwise pos
slsess. Had Mr.. Nelson been on board of
a merchant vessel, we are inclined to think
: the insult would have been the same and
s.IIhad France declared war against Spain
:. it would not have remedied the evil.
II "l'he sending of this sort of minister's" says
: MARTINS IN his valuable work on the laws of ma
tons, "neing necessary means otreating of state
Iaffars, THE RIGHT TO SEND THEM BECOMES ONE
OF THE NATURAL RIGHTS or sovEREroSrr"
u Nattel upon the same subject says:
"Such being the rights of nations, sovereign
attempting to hinder another from sending and
land oiiends against the laws of nations! 1t is at
-Itacklng nation in one OF its mos, valuable rights
land opposing what nature herself gives to every
independent society: it is breaking the bands b,
(which nations are uni,cd and offending them all y
)I but, he continues, this is to be understood
s|only IN time OF peace war introduces Other
ilrlghts. 1t allows MS to cut off from an enemy al
lhis resources, to hinder him from sending minis
tiers to solici, assistance There are even occa
slons when the ministers of a neutral nation going
sIto an enemy may be refused passage. Their,
sis no obligation oi suffering them to carry tt
! lin perhaps salntary information. and. to con
tIcert measures for assisting him. This admits o
!, no doubt, for instance in case of beseged town
J.. mo right can authorize the minister of Il neutra
power. nor any other person to go into it withou
The bescger's leave but to prevent offence, goo,
y lreasons must be given to sovereigns for this re
usal OF letting their ministers pass, and with suc
ylthey are to be satisfied, if they are disposed L
n continue neutral "-See book 4, chap. S, sec
t ton e..
!, We are generally ready implicitly tt
' abide by the enlightened authority of Vat
tel: and the positions we have quoted
i from him appear founded in reason. Iti
then, from him, perfectly clear, that b,
turning Oft Mr.. Nelson, our public minis
E ter to Spain, France has "attacked thi
il nation in one of its most valuable rights,
l.n right which "nature herself gives t,
y every independent society:" But as wa
y exists in fact between France and tn
2. Cortes at least of Spain; and as Cadiz i
> IA besieged and blockaded town, it woul,
y seem that she had mere right thus to re
'rlfuse "a passage to ouy minister" although