Newspaper Page Text
OBSERVATION-!)
(zi THE com; CT 6? CHEAT-ÜBiTAISj SINCE
•j.tr. 4ri.AU. 1 T9 l .
**’ ■ - .’ v
fConii.TJrtJ fr'c .1 our paper of Haturday laft.l
It'has b i ‘Fortunate for neutral com
'meric. thu ha me.’ limits could not know, in
time to avoid confiscations, the fir t idied sdb
tio'ts (i • i lav. executive order-;, fee. fee.
b. wit . their |nopcrty was unwarrantably con
demn’ <!. It is i t consequence that tney should
now see and understand these great sources ol
danger. Nolhu.g can p i.tect our me:chants,
but our maiiH. icing; inviolate the laws ol nations.
We lure contended, that our property was of
ten captured and condemned without any real
and sound lawful authority and, of course, a
y dust existing law It is proposed now to of
fer to the American merchants a decided opi
nion on this subject, which a very great majori
ty of them will receive as the most i expectable
and indisputable. It comes from Mr. King,
who, as a man of natural abilities, as a lawyer,
an experienced diplomatist, and petfectiy in
formed by the English minis'cif themselves, ii
recent negoru'ions, of all their pretensions,
w ites thus in the 40th page of his pamphlet in
“ Reply :o War in Distsuifcu.” v*wUVi.u. a l>r u
lev fe Cos. ol New-iork, uir.l A. 1* II adfoi'l, of
TmEdelphia, in Fcbruai v, 18, G. Ik exprt s
lv states as follows, in if pud to British cap
tures —
“ The prize courts, therefore, speak to ncu
“ trals (br their decrees) this dear and dixlifi.,l
“ langiup: - . We a’ knowledge, that by th< law
tl of nations you are mi ltd to the prohibited*
“ commerce, and should not hesitate to restore
“ your captured proper ty, hut we arc bound by
“ the text of the king’s instructions. \V here
“ t iie.v do not apply we shall restore, as we did
<l during the American war ; nd as soon and
f ‘ so far, we will conform our decrees to the law
“ of nations.”
A gain in page 41- Mr. King writes mote con
cisclv, tho’ indeed not inure explii illy thus—
*l ll ins, in the strong and pointed terms of sir
11 W illiam Scott,” (the present judge of the
liigh court ol admiralty ol Oreat-llt ituin )“ been
a fjuug ■</, that the text of the, king’s instruc
*l tions is the true rule <>f a prize court.”
The conduct of the 11 i isli naval comman
ders, upon the foundation ol me order of coun
cil of January 1794, and on the plea of block
ading islands, was very dr adfid to America.
It is certain that blockading a fort,a castl- , a
t ’ex or aft i .is u pre eden'ed and com. non
tii ■. .lire. IV.it ihe l>loe,,ading uwh and g-jit/i
or chnin finlands, at one time, and tnc bloc.k
aie of ft ervir. great / Lind, like St. Donti.i -;o,
i new stretch of English naval ret) ii : tt.
The island of St. I) qningo is con side at>ly lo- >g
r ‘liun the kingdom of Eii-hunl. aiul it is the e
{■i fa ft •* /l ister nts itff t ta'iin f hlockttd \lo pul
ad the ports of it under an inhibitory proclama
fi m, be, ause a port or t wo are proper: y and real
ly (blockaded. A miaou. a li,t of captures how
ever, look pi ice under these orders and procla
im.tions of blockade, by the English, during the
year 17 *4 an I examples as wild, as loose, and
:> injurious, as possible to the French, and to
< he neutrals, were set by the Bermudians, Hali
fax nen, Proiidcncemen, and British frigates,
to the French cruisers
In the close of that year, the treaty was he
o’ttaifogly made bv ‘lf Jay and lord G'env lie,
between the United Slates and Great Britain.
I’ vas thought only better than war by hei sons
of both parties. By this treaty the 11 itish by
mutual contract, gave to the Americans, and we
accr/iti and several new rights to trade, tn the near
with the Fnglish colonies in the East anil \V r esi
I ulies; which rights were of the same nulute,
ascertain other rights to trade-in the war,
which ‘.lie French hail allowed bv their own se
para e acts to the Vvncricans. Those rights to
trade, granted by the French, were constantly
made the avowed ground to confiscate neu-nd
A ncrican ships and cargoes by the British 0.-
ders of council and courts of admiralty, b< cu ise
the neutral American.?, as i mas alt gi /, th >•, iy
undertook to ui i the Preach colonial a grind art .
Yet great co nplaints have been made, tlr it ilie
Trench have condemned \ ncrican vess sis! v.
giving the s tme aid to is! mds taken fro n ‘hem
eelvcs by the B itish. tho’ vv • had granted tnoxe
islands bv the treaty of 1778 thru in lorce
II re the French nave acted much more lavor
ably to the neutrals than ihe English : for their
court do no: hold the general English princi
ple, ,iz to condemn vessels from the East and
esr India IVitish colonies, liec.tu e the piui
lcge of trading with h >se colonies w ts given to
U’ ii the war, and was not previously allowed
bv 1 tw, in peue. Thus the English afford an
ex i nple extremely injurious to the neutrals
which the French have refrained from follow
ing I nis is an important truth
It is an essential point of difference in the
conduct of t’ ranee and Ire at Brit tin, that France
has hitherto admitted the doctrine, that her etti
*e.ts may chmge her allegiance and become
American sailors, .torch mts, a:ul ship-holders
Toe opposite doctrine is heidbv England—and
many a fine ship has ’..ecu endangered or e\-
tv is'oelv detained by the i npress nent of na
tive Englishmen, married in America, and be
en ne Ie pi ly citizens of the Un ted States. Nu
merous captures have 1 1 ;eu place, because the
cargoes were the property of English n m tints
beco ne A nertrans, who had bought goods in
ph. es belonging to the enemies of England.
1 he 1- i glish courts deny ‘he V ncrican citizen
ship ol such former F.aglish subjects, and con
dr m th fir r operty. because they arc persons
claimed as British mhjec's, and have done busi
ness in cod itrics bclon -fog to their enc nies.
* P- hikited nt-r-ii h ■ l-iish orders of king
i’U i annul, cm:rwy to . hi ,'ow -faadeni,
To*a Country like our‘s, incessantly receiving
foieign meidhants and capital, this is an im
mense disadvantage, aiismg Iron* the conduct
ol England alone, and not followed by Fiance.
England may fairly be considered as having
forced America into an entirely new act, for a
neutral power, in making the provision article
of Mr. Jay’s treaty; an article extensive, dan
gerous, and even capable ol being rendered fa
tal to France. It may be justly asserted, that
this provision article is without precedent in
the annals of the civilized world. No neutral
nation ever before made such a connect with
a power at war. It is said to be advantageous
to us and advantageous to Fi ance, and yet Eng
land adopted the measure of her own accord,
before the treaty, and insisted upon it, in mak
ing the treaty ! It cannot he doubted, that Ln
glund did consider the provision artich, as, on
the v. hole, very injurious to France and very ad
vantageous to herself.
When the treaty was signed in London, on
the 19ib of November, 1794, the orders of the
British council, which had injured and disgrac
ed i lie nentials, and brought on avowed defen
sive retaliations from France, were either re
voked or considered as superceded. The Presi
dent icceivcd the treaty early in March. 1795.
No objection to it being promulgated, raid the
si n.a<- u.U. M —vwa w ti t>7i- i ntlftcaiToh,
there was every reason generally to presume,
;lr.it it was so far agreeable to the President,
that he would offer it without objection to that
body, as indeed he afterwards did. Such be
ing he appearance of things in the beginning 1
of ‘ .arch, it may be fairly presumed, that the j
British government relied in May (two months !
after, the call of the senate) with firm confi
dence, that the treaty would be ratified before
any thing England might then do, could be
known in America.
in this s ate of things, the new orders of the
British council of May, 1795, for carrviu > in
out piovtsion vessels were issued. To judge
of ti.e shock to France, let us remember how
the bare rumour paraiized the late president
I Washington. lie made an immediate and
; solemn stand, and cause', it to be made known
; to the II ttisb minister chat he would not. ratify
tilt . rea, , while those orders continued in force.
the ill itish minister here suggested the
advice ol ievoking them fora time, to give a
iactitious moment ol iheir non-existence, tor
1 lie i ideation of the treaty! ii j explicitly
pi op ail, however, that they should be then
ieoewed! How dangerous to tiie neutrals,
vve.c these examples of 11-iilsh conduct, set
btlme in got eminent of France. The British
minister a rig thus, is known to have solicited
me ‘ waiu.c of this country foi the lavor of
t being “mile me bearer of the treaty to England.
Instead of continuing to be informed, that the
provision others must be revoked before the
t euiy wouiil be signed, the president’s siaiia
tu e was subscribed to the instrument, and ole
ben Ji and h -t.r of carrying it to England were
<■</ v / u/i in h British minister, agreeably to
his r. t]u - t.
The B itish orders of May, 1795, maybe
dee.,,’ and t uinle-is ions, and pe’ uliarly offensive
and i .jo ions to France, who would us naturally
consider them as explanatory of the British
sense of the tre.uy, as our own president is
known to hive done. It is years since the
publication oftb.it iact was made in America
with wnat degree of good intention or pru-
I <lc u e will not be discussed. The captures
under th sc orders were so manv, that at the
end of 22 months, about 120 cases were car
ried into the 15a.isn high court of admiralty
appeals. These were chiefly our European
adventures, wherein the cargoes and vessels
arc large a.nl valuable. Not a dollar of these
is saved by Jay’s treaty, which docs not affect
hem. JUKISCOLA.
II'.S Br;'.tunic majesty’s liege subjects of
H il ix mist be the most stupid, or the most
a id ned beings in creation. Wc give the
subjoi e 1 information from a Hali ax jiaper,
u i b a view, during tiie present rage of the in
fluenza, o excite a smile on the cnunienance of
the r<aider This “ tale of wonde'r” is appro
priately vcleped fianiti if 4<n rica and is said
to be dc: iced from a * very respect due source”
—pc. nap, Mr. consul Barclay, or Mr. consul
B >nd — i‘e'. Re pub
*• idie correspc.ailcncc of Talleyrand and
More iu, which caused such surmises at New
\ ork in 1 el>: nary last, is at length developing ;
and we can scarcely he surprised at the inci
dents which luo'e sine * followed.
/’ .dm and Mortuu are reconciled.
“ If’ .ore ui c.ui persuade America to break
with England, 10,000 French troops are, in con
junction ui h the Americans, to drive the En
glish front the continent. Canada and Nova
Scotia are ui tie erected into a monarchy ; and
M > eau to bo crowned king of Acadie and both
the Canadas America is to have the Floridas,
as well as L mist ,na ; and the Island of Porto
Rico, o’ some other valuable W. 1. island is to be
given up to Iter.
“ Fhc government of America not having
sufficient energy, by the present constitution,
the president is to be supported in his endea
vors ti> change it, and anew form of legislature
adopted ; in which the chair is to be assumed
fui life.
“ Flic only difficulty is stated by the Ameri
can government to arise from the \ T rat hern
States : wuo might be averse to such a neigh
bor as the kingdom of Acadie and Canada, go
verned by a Frenchman ; but this may possibly
be overcome—if the war with England can be
a pofnda- nr.
“ Fhc authenticity of this intelligence can
not b rs >ub e 1 ; and the Americans, who are
now fondly crying out for a war with England,
ra iv know how completely they have been
msl-i the teds of Trane s ar.J its pcysicaers,”
TRIAL OF COLONEL BURR.
FEDERAL COURT.
Richmond, Wednesday tefueinbcr 16, 1807
Pursuant to the notice given yesterday, Mr.
Hay brought forward a motion to commit col
onel Burr, Blannerhasset, and 1 ruel Smith
with a view to send them to another disinc;
for trial.
Coi.oxel Burr insisted that a precise charge
should be made, as to the time, place and of
fence. He said, that he confident that it
would be in his power to put a stop to the bu
siness as it related to himself, by availing him
self of the verdict of acquitul which had been
found by the jury. Yet as it had been asserted
in bold and strong terms, that acts of war had
been committed, he should suspend, for the
present, his objections arising from the circum
stance of bis acquittal, lie should therefore
indulge the gentlemen in the relation of such
legal evidence as was adopted to the fact of war
If they deviated from the course of legal testi
mony, he should bring them back. He again
urge and the propriety of separating his case from
that of the two others; and concluded by observ- ;
ing that he had a right to demand a specifica- j
tion of the charge before the evidence was !
imu. j
The Chief Justice said, that with respect ‘
to a specification of the charge, itrwasa mere
contest about words. That a charge had been
made by parol; and that it must be reduced to
writing il required by the accused.
Mr. Hay observed that there was a difficulty !
in specifying the place so far as respected the
mouth of Cumberland. It is doubted by some
to what state the island at the month of Cum
berland on which the party assembled, belongs.
Alt ho* the stale of Virginia has long ceased to
claim any jurisdiction over it, yet it is said to
be doubifui whether it is included in the act of
cession. But if he were to specify a place, and
the evidence should establish the facts, at any
other, there could be no doubt of the right and
the duty of the court to commit for trial ot that
place where the fact was committed. He could
not seethe difficulty suggested by the accused
from an examination of all the cases together.
The witnesses have been here a considerable
length of time, and at great expence ; the mo
ney whihch they will receive from the United
States being inadequate to their support He
therefore begged for the sake of humanity, that
the testimony ol the witnesses might be receiv
ed, and the argument postponed, till after all
the evidence should be gone through.
Air. Hay then reduced the charges to wri
ting ; and proceeded to call James Dowel
as a witness. The witness having related the
transactions from the commencement of his
voyage on the river to the mouth of Cumber
land, was going on with bis evidence as to facts
which occurred lower down the river. As
soon as the mentioned facts which had taken
place in the Mississippi territory, he was
stopped by colonel Burr and his counsel, who
‘objected to the introduction of any testimony
of facts out of the jurisdiction of the state of
Kentucky.
Mr. Botts commenced an argument on
the part of colonel Burr, and contended that no
further testimony could he heard, on the pre
sent motion. Me relied principally on the
former acquital as a perpetual bar to any fu
ture prosecution ; and that the act of congress
which authorises a judge to transmit a person
charged with an offence from one district to
another for trial, does not extend to the terri
torial governments. He was followed by Mr. j
M-Rae on the part of the United Mates.
Thursday , Sefitember 17. ‘
The arguments on the motion made yester
day to exclude all further testimony, on the
present question was resumed. Mr. Hay, Mr.
Martin, Mr. Wirt, Mr. Wickham and Mr.
Botts severally delivered their sentiments. An
unusual share of animation and eloquence
marked the speeches of all the gentlemen on
this interesting subject. Mr. Randolph will
1 close the arguments on the part of colonel
Burr to-morrow.
Friday September 18.
Mr. Randolph on this day concluded the
argument, and the chief justice delivered his
opinion in'svriting. He reserved the question,
concerning the prior acquital, for future consi
deration : but decided that he had no power to
commit the accused for any act of treason dons
on the Mississippi Territory. He admitted,
however, the evidence relative to the transac
tions in Kentucky.
Augusta, October 1.
About two weeks since, a comet was observ
! ed to the eastward, about 3 o’clock in the morn
! fog, being then on its approach to the sun—it
has since passed its perihelion, and so now re
ceding from the sun, and may be seen at any
time after dark, in nearly a southwest direction.
It set last evening about two hours and a hah
after the sun, and will continue to set some rime
later and later every evening till it disappears.
, It may be cle triy seen by the naked eye, and
its luminous tail is very discernable. For se
veral nights it will continue visible, after which
it will pass off into those regions of immeasu
rable space, which these exccntric bodies tra
verse in their wondrous revolutions. Whe
ther or not this cornet has ever before appear
ed to the inhabitants of our earth, or whether
it is one of those v hich has before appeared,
but the period oi whose revolution is unknown,
may be subject for those skilled in astronomi
cal researches to consider—md with themalsi
it may pet haps be subject of some speculation,
whether the approach of this comet, mav, oi
nvav net have had, during the present year, ar
important influence upon our climate. ’
NEW-YpRK. September 26.
Ij v the ships Gold-llunier, \ ose, from Ejß
(lon ; and Eliza, Waterman from Lite! poo!,
he editor of the Mercantile Advertiser has re
ceived a regular file of London papers to the
15th August inclusive, (G days later than any
previous advices) and Lloyd’s lists to the 14thi
Captain Vose informs, that business was ve
ry dull ; that the Br.tish government had not
taken up the affair of the Chesapeake, as tuey
had not received any official dispatches from
the American government upon that subject j
that the schooner Revenge had net arrived}
that the: c was no prospect of a peace between
England and France ; and that the merchants
and manufacturers in England were very much
averse to a war with America. Captain vose
left London the 15th, anti the Downs the 21st
of August.
Insurance on American vessels from Eng
land to America had fallen to tnrec guineas.
London, August 15.
A mail from Gottenburg anived this morn
ing, bringing news from Gottenburg ol the 7,h,
which states, that on the 3d, adntirai Gair.bie. ‘s
ileet passed the sound, saluting Cronberg Cas
tle as it passed, and receiving a salute in return.
A great number of English ships ol war and
transports are also said to have passed Gotten
btirgli on the sth and 6d: they were p.obuoly
the 2d and 3d expeditions. A letter from Co
penhagen informs us, that orders have been
received by the inhabitans in the suburbs to
prepare for lodging a large body ol cavalry.
Another bulletin has been received of the ope
rations against Stralsuncl, but it is of little im
portance. The king of Sweden sei t his pro
posal ior an armistice in writing—it w„s made
verbally before. But Brune replied, mat he
could not accede to it except cn ihe condition
ofStralsund being surrendered to he french.
A gentleman is arrived who left
on the 9th, and Copenhagen on the 6 h—at this
time there were two British fleets in the Bult.c.
Admiral Gambier’s and the 2d division which
sailed fro the Downs.
In consequence of some information, said to
have been received relative to the secret arti
cles of the treaty between Russia and Fiance,
sir Stephen Sharpe, our consul at Petcisburgh,
who has been in this country upon leave, was
dispatched yesterday upon a special mission to
the Russian government.
Paris papers have been received to the 7th,
and Dutch to the 11th. The Moniteni of the
6th contains some notes upon the news extract
ed from the English papers. It asserts, that
Pmssia ■will nevei ra ify her treaty wi h us, and
that she will not only shut her ports against us,
but declare war. What Bonaparte proposes
to accomplish by forcing Prussia :<> declare w ar,
we know not. The hosliiiiv of Prussia can tv yv
be of no injury to us. From the 1 ngor.ee
used by the French papers, in speaking • f the
king of Sweden, it is evident that Bonaparte
will not make peace with him. unless he con
sents to abandon all his German territoies.
Forty thousand men. it is said, arc to be as
sembled at Bayonne, for the purpose of forcing
Portugal to shut her poits against :! country.
The assembling of so large a force ve hi v e
little doubt, for other objects has n r -’ \ c receiv
ed ’he reccntpe ce of her devotion t • c n
querer—and Portugal perhaps Is again cie- ‘ red
to be under the Spanish yoke.
Price of Storks this t/ao a! 12 rV/e -
3 per cent Cons, for money 62 1-B—dn <. for
Aug 62 1-4—3 per cent red —omnium, ar,
HIS MAJESTY*', SP! ECH.
Parliament wv.s prorogued this after: o n
with the following speech from his ri i- < ! s
commissioners :
“ My Lords and Gentlemen —We have ir in
command from his majesty to exp es,; sa
tisfaction with which he finds hiu sell in, ed
to give you that recess which, after the gut
and diligent exertions which you have wane
in the dispatch of public business, must at this
advanced season of the year be so particularly
desi’ able.
“ IBs majesty 1 as been graciously pleased
to direct us to return his thanks for the steady
loyalty and attachment to his person and go*
: vernrnent, and zealous devotion to the public
service, w hich have characterised all your de
j liberations, and most especially to thank yen
for ihe seasonable exertions which you have
enabled him to make for the augmentation of
the military force of his kingdom.
“ Gentlemen of the House of Commons— His
majesty has commanded us to return you his
warmest thanks ior the supplies which you
have granted with so much cheerfulness for
the current year ; and when he considers the
provision which you have made for those con
tingent and unforeseen services, which the e
vents of the War may render necessary, his-*
majesty has the greatest satisfaction in recog
nizing the wisdom wherewith, in a time of ex
traordinary difficulties, you have anticipated
the possible demands which those difficulties
may occasion.
“ My Lords and Gentlemen— His majesty
commands us to assure you that he deeply de
plores the unfortunate issue of the war upon
the continent.
“ The immense extension of the- power and
influence ot France, and the undisguised deter
mination of the enemy to employ the means
and resources of those count) its which he pos
sesses or controls for the purpose of effecting
the ruin of this kingdom, undoubtedly present
a formidable view of the dangers and difficul
ties wh'cb this country has to encounter.
“ But his majesty trusts, that the loyal and
brave people over whom he reigns are not tb
be daunted or disheartened.
{f From the recollection of those difficulties
i under which his people have successfully