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J'vom licit’a II ‘ciphl P/estetlgrry Jaru 1
AMEKIC.iN treaty.
So much has keen said upon the principles
Oi tnc present aiiommutlatiou with America,
v, ~ii n, though but now concluded, has been
Ion.; s mguinciy expee'ed by the Mercantile
World, that uc cone* ivc it a point of duty to
•.O' 11 readers, to enter into some detail, and ex*
pi :n ‘ii” points and beatings of ibis important
<] ’cation.
it is a natural and necessary consequence
of u long war between t)>e commercial states
a. i,n,ope, dial t!m- ncuti'al nations are employ
< and to c arry on much of the general commerce
oi ihe belligerents. From the custom of pri
v-ut ring, ami maiitime captures, neitlrcr the
I‘ivtieh nor English traders can sail so often as
ii.l i ino of | race ; they arc compelled, there
by c to transfer the greater part of their trade
to the ieutral nations. The Americans in the
pir.v.eu century, like the Dutch in earlier ages,
* e of all nations best adapted for this carrying
trade. They have almost invariably small cap
itals, aivJ therelbrc arc rather suited to act as
f.r'ors l'or others, titan as merchants for them
tj*• i. ■>. The right of neutrals to this free gen
ii.d commerce will not admit the doubt of a
fTioment. But as such general right, v. hen c:t-
Cici..eil by nicrch.ii,ts more intent upon their
paiticulad gain, than the laws of neutrality,
v\iii he sometimes extended so as to interfere
With the m in ( lids oi the war, every nation
has found i’ necessary to limit this general
n ~;t by a certain precise code, and to ensure
the observance of this code ; that is to sav, in <
Cider to pievent llie supply of the cm my with
Contraband of war, the principal maritime
n.lions have established the right of search.
This right is in fact the main hinge of the
1 ngiish niuiilimc system, and as long as our
mini tiy have retained this, there can he
)ii i< cause of censure in their pacific con
testi MIS.
The present war has been indeed distin
guished by one peculiar circumstance. In no
funner war lus the maritime force of England
been so predominant as entirely to banish the
commerce of her enemy from the face of the
ocean. I his, however, lias happened in the
present war. What has been tlic result? Why
the In cur Ii have been compelled to carry on
their trallie, through the medium of neutrals.
’) bus has it happened, that tire whole commerce
of I ranee, the supply of her best colonies, and
the carriage of their produce to the mother
country, is in the hands of the Americans. The
surface of the sea is covered with the Ameri
can Hag, acting as the factors of French com
merce.
What is the result of this state of circum
stances:— ft is summed up in a few Words.—-
Tiie maritime stre\;th of England is render
ed useless. She may annihilate the navies of
Erui.ee, hut the French commerce has always
a ready means of escaping from her power.
The ncutiai ling is at hand, and hostile pro
perly is secured behind this sacred cover. Let
us i indicate, then, our rights, exclaim these
puiilK i.ais. The neutral nations must submit
i. we enter upon the contest. Should they
even unite in a general league against us.
we should suffer less bv their open enmity,
than by their fraudulent neutrality. Better
tii.it Imeiicu should be our enemy, and (ill
the Atlantic with her privateers, than, under
the i over of amity and neutrality, secure the
commerce of France, and bailie the British
navy.
‘Nothing can he so absurd as to enter into
the question of abstract right, when all the
world are ready to dispute it with ns. We
nay compel, Rut we cannot hope to persuade
the neutral nations to adopt our particular
comments It is of more real, because of
more particular importance, to examine the
prudence of exerting this right, supposing it
t > be well founded, and to be deduced by im
mediate inference from the writers of public
E'v -
Suppose, therefore, it can he made to ap
pear.- hat, granting the question of right to be
mi the tide of Great Britain, no advantage
viwtevcr would ensue from her exerting it—
{.•.front her prohibition of the neutral me
dium for the French commerce.—Suppose
th it it can ho further proved, that, as to the ul
timate consequences, there is no effectual dif
lA.'cnce between the former and the present
mode of the french colonial trade. If those
a o: lions shall be clearly made out, we hope
to near no more of neutral frauds, and the per
nicious clamor of war in disguise.
1 is evidently beyond the power of the whole
British navy to prevent the supply, uudthcsuf
jticie vt supply, of the French colonies. Di
rortiv, or by a circuitous importation,’these co
iki. aeswill always be supplied to the full amount
of their wants. Unless we can surround every
ijrccU .ukl haTbour in Franco, and, following
Bte example of our extravagant enemy, de
,c!:.iu a continent in blockade, and a kingdom
in a state of seige—Unless we prohibit the
neutral nations from trading with France in
th u rfiwn inervKandilc, or in the merchandize
of our colonics, the French people must be sup
pbed, equally in peace and war, with sugar and
Ci ‘ft c. “Suppose that we could prevent those
a u lri from Ining carried di ecliv to France
| i'.n her colonies, the price will then rise, and
i will become a lucrative branch of commerce
for neutrals to import them in their o\vn coun
tries. and then re-export them to France. But
our admiralty courts here come in with their
xi >e distinction—“ That this mere importa
ti >n and exportation, though accompanied with
the re lap, ling of the cargoes, and the-payment
of duties, is btu a collusive transaction, and fulls
hir a legal prohibition, as a Continuation of
the original voyage.” What follows then ‘ —
“\Vc compel the neutrals only to have two sets
of vessels —one to be employed between the
French colonics and America, the other be
tween America and France. Your admiralty
laws cannot follow the neutrals here. There
is litre clearly another voyage, another venture,
and a neutral general commerce.
But suppose we should absolutely prohibit
this -cormnerce, upon the principle that this
trade was hot open to the neutral during peace
—What will be the Utility of this prohibition ?
Its effects must lie one of the two following—
cither the French will lie compelled to carry
the produce in their own ships, or the produce
must remain in the colonies. As to the first
effect, the French might perhaps venture at
first to freight their own vessels with their co
lonial produce, hut this trade must soon cease ;
the risk of capture must be so great, that nei
ther merchant nor planter could afford it ; the
alternative, therefore, would take place. The
•produce of the French colonies must remain
to rot on the plantations. The very terms on
widen this alternative is necessarily expressed
are such as to call down upon it the most un
qualified abhorrence, it is the benign princi
ple of modern warfare to direct itself as much
as possible against the nation, and as little as
possible against individuals. Here individuals
would be effectually ruined, the mother coun
try, as a nation, very inconsiderably injured,
and the main end of the war not advanced one
jot. This kind of war is, very happily, totally
contrary to the practice of modern times, and
we hope never to see the day when war shall
lose its general aim, and pass into private ma
lignity and individual mischief. This is not
worthy of Christian nations. Thus stands the
question of neutral rights, which are sual to
he conceded in the American treaty. Ihe
commissioners have conducted themselves
with that pacific spirit which distinguishes the
present administration ; they have looked rath
er to the substance than the words—rather to
practical consequences than abstract rights.
They have conceded only so far as the most e
vklent utility has justified them in such conces
sions. ‘l’ lie right of search, of contraband, and
of blockade, have doubtless all been preserved
in their full integt ity. These, as vc have said
before, are the hinges, the props of our mari
time greatness, and as long as these are pre
served undiminished and undisputed, all other
concessions are <>l very minor importance.
These points are indeed vital.
IMP EIIIAL PARLIA MENT.
HOUSE 0E COMMONS, JANUARY 7.
TIIE NEGOCIATION.
The order of the day for taking into rorsi
dcration the papers presented to the house, by
command of his majesty, respecting the nego
tiation between tlus country and France having
been read,
Lord Howicx entered into a review of tire
origin, progress and issue of the negociation.
After expatiating at considerable length on
each of these subjects, lie concluded by stating
the. sentiments of Mr. Fox. It was true that
the last letter written by Mr. Fox, was on the
26th of June, and that the subsequent details
were carried on by others; but he knew his
sentiments for the remainder of the period
during which he was capable ot expressing
those sentiments. He knew that he always
understood that the uti possidetis was the basis
offered bv tire French government; and he
knew the indignation which he felt at the cavils
and equivocations on that subject. On Sunday
the 7th of September, the Sunday preceding
his death, when there appeared to be rather a
favorable turn in the negociation, anxious as
that great man was for the restoration of peace,
he declared that there were three objects,
without the acquisition of which no peace ought
to be concluded—first, the maintenance of the
honor of the country ; the second, was the pre
servation of our connection with Kussia; and
the third, was the re-establishment of the king
of Sicily- It was on these two last points that
the negociation was broken off; and he solemn
ly declared to the house, that this rupture was
in strict conformity to the sentiments and re
commendation of that illustrious statesman,
w lu>, in the most severe moments of his ill
ness, stated it to be the ardent wish of his mind
to accomplish, before his death, two great works
on which he had set his heart—the restoration
of peace, and the abolition of the slave trade.
Vfter’a brief recapitulation of the principal to
pics of his speech, lord Howick concluded by
moviug an address of thanks to his majesty.
Lord Y * r mouth took a short review of the
different stages of the negotiation, and vindi
cated himself from tlve imputation of violating
instructions which he had never received.
Lord Howick stated, that the noble lord had
had no instructions to insist on a written ac
knowledgement of the basis, in the first in
stance. As the noble lord stated, he had been*
sent to carry a verbal answer, to a verbal pro
position. lie was instructed to obtain, in this
way, an acknowledgement of the basis, and
directed not to use his full powers until the
French government should return to the basis
on which it set out.
Mr. Montaqur could see no benefit likelv
to accrue from sending a second .negotiator,
after the changes in Germany, which rendered
any peace that could be made, as the noble lord
observed, totally insecure.
Sir Thomas Turton delivered an able
speech ; in the course of which he condemned
the want of wisdom and piudence which mi
nisters had evinced.
Mr. NVhitbhkad praised the candor and
firmness with which the negociation had been
conducted while Mr. Fox lived; but he felt
himself called upon to say, that after the death
of that illustrious statesman, all had not been
done which ought to have been done. r i he po
litical death of Mr. Fox pioduced a cousidcra
able sensation on the continent, whatever it
might have done here ; and whenever anew
negociator had been sent out, at that particular
moment, and it was considered what persons
remained in the cabinet, though he was per
suaded” every one of his majesty’s ministers
was sincerely desirous of peace, it was not sur
prising that the French government should
have supposed that some change had taken
place in the sentiments of his majesty's minis
ters. He thought it would have been better
if, instead oi demanding his passports, on the
receipt of bis note from the French plenipo
tentiaries, that bad been so commented upon,
lord Lauderdale had returned a moderate an
swer, passing over the exceptionable parts of
the note, though he could riot hut reprobate
the insult offered to the dignity of the nation,
in the passports having been so long withheld
after they had been demanded. The terms
ought to have been discussed rather than the
form, at a time when the French government
had so far recognised the basis of actual pos
session, that there was reason to hope that they
might lie brought to agree to satisfactory terms.
The papers did not appear to him to justify the
declaration, that rh© rwsmeiation has failed in
consequence of the injustice and ambition of
France. Wc were not yet arrived at that state
in which peace may not lie made, and ho hoped
and believed a peace might be brought about.
He was convinced of the sincerity with which
the king's ministers had sought for peace ; but
in his mind they had mistaken the way. If
lord Lauderdale had done on the 11th of Au
gust, what he had done on the 18th of Septem
ber, lie was of opinion that peace might have
been made, and war with Prussia prevented.
In one of lord Yarmouth’s conversations with
Talleyrand, that minister declared, that the bit
terness which was felt at the commencement
of the war, had in a very great measure sub
sided, and that the French government was
more pacifically disposed ; and lie was glad to
find, in tiie last note from that minister to lord
Lauderdale, that the. French government was
still ready, at any future time, to renew the ne
gociation for peace. He would not recommend
a resumption of the negociation at present, nor
that we should sue, under any circumstances,
to any government, for peace. He was willing
that we should follow the example of Kussia,
in stating, that wc were ready to renew the ne
gociutio ion just conditions. We were-engaged
in a contest that called for every sacrifice, and
we were prepared to support it with the most
fervent loyalty and attachment; but it was de
sirable that the roads of peace should not be
blocked up, nor the gates of mercy shut. He
had prepared an amendment, which he pro
posed to move, to the address, to this effect;
but as lie had not had any communication with
any gentleman on the subject, he did not know
whether it would meet with any support; but
if any gentleman thought with him, he would
nevertheless second his motion, and, at any
rate, it would he read from the chair.
The honorable gentleman concluded by mov
ing an amendment to the. following purport,
which was to he substituted for the latter part of
the address:—■“ To assure his majesty of the
firm determination of that House to co-operate
with his majesty in calling forth the resources
of the United Kingdom, for the vigorous pro
secution of the warm which this country unhap
pily is still engaged ; k to express to his majes
ty an earnest request, that his majesty will, in
his paternal solicitude for Ins people, as far as
may be consistent with the honor of his crown,
and the interests of his kingdoms, afford every
facility to the restoration of peace.”
Mr. Canning, in a long speech, animad
verted with great severity on the misconduct
of ministers, particularly in not openly avow
ing die intimate connection between this coun
try and Kussia. As to making the French ne
gotiators retract their denial of having ever ad
mitted a clear basis, nothing could argue such
ignorance of human nature as such an endea
vour. In short, their whole efforts to negotiate
only proved serviceable to France ; and, as far
as they were advantageous to France, they
were detrimental to England. There were
several periods at which he thought the nego
tiation might have been more beneficially bro
ken off than at the time it was discontinued ;
for example when the basis of the utipossidetis
was refused to be acknowledged, or when the
passports had been refused to lord Lauderdale,
and so insulting an excuse offered for the re
fusal and delay. As to the conduct of lord
Lauderdale, he saw nothing to blame in it ; he
thought there was more room to commend his
forbearance, than to censure his abruptness or
intemperance ; as to any expression, such as
that proposed in the amendment of the honor
able gentleman, he perhaps rather lamented
than rejoiced at the unsuccessful termination
of the negociation ; and that lx-causc the pre
sent state of Europe afforded such slender
hopes that any well combined effort could be
made to check the career and arrest the am
bition of the ruler of France. Was their any
fair prospect of such an event, he would lament
that any such negotiation should have succeed
ed.
Lord H. Pf.tty rose in reply, and principal
ly attached himself to prove the existence, and
the importance of the basis of actual possession,
as objected to bv Mr. Canning.
Mr. Perceval repeated his accusation of
government for having been the dujx-s of the
enemy. Alluding to one of M. Talleyrand’s
letters to Mr. Fox, in which he addresses him
in terms of high encomium, he said it was diffi
cult to believe that the 1- reach minister was
not quizzing the English one.
Lord Howie x defended the memory of his
illustrious friend from what he termed the ill
timed scoffs of the Icsmcd gcnricrerr. T very
part f the private cqrrtilponbeiice be ween .• r.
lox undr.Nl. Talleyrand had Lecn uxa by his
majesty. t
Mr. VVhitpread’s amendmeut was then
negatived without a tin ision, and the address
oi’ ionn to has majesty was carried r.em. con.
LONDON, January 10.
The privy council, wc understand, have fi
nally pronounc and upon the charges lately pre
ferred against general Picton, by colonel Ful
lerton, and decided that there is no real ground
lor the accusation thus preferred. The casts
of the girl who was put to the torture, how ever,
remains to be re-argued in the court of hang’s
bench.
The Neriade frigate has carried into Madei
ra a Spanish corvette, laden with arms, ammu
nition, and officers (French and Spanish) bound
to the Cat raccasj the capture of which vessel
may be regarded as a fortunate circumstance.
The Persian ambassador, who has arrived at
Constantinople, from Persia, is, it is suit!, ti e
bearer of very important political dispatches
from his emperor to Napoleon, exclusive of
many rich presents. An offensive and defen
sive alliance, between I- 1 ance and Persia, is
said to be the chief design of this embassy.
Many French officers, and other emissaries,
have already gone to Persia, by way of Con
stantinople. The Persian and Tut Irish lan
guages arc now also taught with assiduity to a
number of French officers at Pails, who are
destined to go on expeditions to those coun
tries.
An engagement of a very serious, though
partial description, has. according to -letters
front Danlzick of the 17th, been (ought in the
neighbourhood of that place, between detach
ments of the French and Prussian cavalry, the
leading circumstances of which are thus stated;
“ A French spy having been sent to reconnoi
tre the Prussian force in the city ct Dantzick,
was intercepted by a detachment of the iino
Prussian corps of cavalry, raised and disciplin
ed under the immediate inspection of the great
Frederick, and known by the name of the
“ death's head regiments,” or “ hussars of d> alh.”
The Frenchman, with very little entreaty, in
formed the Prussian commander of the object
of his mission, which was simply to gain infor
mation of the strength of the garrison of Dai.:-
xick, and whether it would be prudent to march
a small force to take possession of it. Some
regiments of French cavalry w ere at a conve
nient distance at the time, waiting for a signal
how to act. The Frenchman, in obedience to
the instructions of the Prussian commander,
agreed to signify to the enemy, that it would
be perfectly safe for a small force to advance,
as the garrison was very weak. Two of the
death’s head regiments, in the meantime, by
a circuitous route, possessed themselves of an
advantageous position, in which they were al
together unobserved by the enemy. Two. re
giments of French cavalry shortly afterwards
advanced toward the town; on approaching
which, they found that they had been deceived
with respect to its military strength. A rc
treat was of course immediately determined
upon ; but in vain was it attempted, The brave
death’s head now rushed impetuously upon
them. A desperate conflict ensued, but was
speedily terminated by the whole of the ene
my's corps being literally cut to pieces by their
spirited assailants.”
The bill for abolishing the slave trade,
brought into the house of lords, by lord Gren
ville, enacts, that after a day, (to be fixed in
the committee) it shall be unlawfu’ for any
subject of this realm to fit out, man,orm via t
any ship or vessel, for the purpose of can pini
on the African slave trade ; or forcibly to carry
away as slaves, any of the inhabitants of arv i
- country, kc. not being in the posse- sign
or occupation of his majesty ; or to aid and as
sist in putting on board any ship or vessel, any
such inhabitants, for the purpose of dealing
with them as slaves.
By the master of the French tugger captur
ed by the LTmpei ieuse, we learn, that she sail
ed in company with 200 sail of brigs, sloops,
and chasse marees, with wines, brandy arid
stores for the lice’at Brest, See. under convoy
of a gun-brig, about 12 days since; and that du
ring the passage the. convoy experienced a
most dreadful gale, which, dispersed the whole
convoy ; that he saw 40 sail of sloops and.rips*
sc marees founder and go ashore bn the rocks,
out of which there was only one man saved,
whom he picked up almost exhausted; and
that he had been at sea CO years, and never
saw such a storm. >
The arrangement is at length completed
for the family of the Idle Mr. Fox ; uiider
which, Mrs. Fox obtains a pension of 12201.
and Miss Willoughby, his natural daughter*
3001. per. annum.
Bcnapartc has proposed.to the king of Spain,
to take into his service’ 25.000” French ‘troop,
and a like number of Prussians, who are to be
allowed from the prisoners of war to enlist into
the Spanish service.
M. Defaugiers, who is entrusted by Bona
parte with the negociations he is earring on
with Denmark, has been received by the Prince
Royal with the most marked attention. Ho
•has been repeatedly invited to the Prince’s
tabic.
From the 10th September, 1803, to the 13th
November, 1 SOS, the number of Austrian,
French and other troops, quarter,.! in the city
of Ulm, have amounted as follows :—Generals,
I, ; Staff officers, 18,11” ; Officers in - gene -’
neral, 110,272 ; Members of .Administration,
11, ; Privates, 1,11->,821. dotal number
of individuals, 1>257,374—H0r5e5, 295,45-*, .