Public intelligencer. (Savannah, Ga.) 1807-1809, December 08, 1807, Image 2

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from the Richmond Enquirer. The following argument is luminous and irreliftible, if the /acts, which it afliuincs, arc true. OF this, there can fcarccly be any doubt at pve 'fentj but we fhail shortly afccrtain fiom the documents which will be j laid before congress. What is mo!l j remarkable is, that this argynient is from the pen of Mr. Coleman, the “federal ‘"Field-Marshal ot N; /oik, who forms in this instance an hon orable exception, to the British fe deral prints of Eodon. PRESIDENT’S MESSAGE. The'ftatement of the attack upon the Ghefapeake, is very conciicindeed; but it contains enough to characterize the transaction, and perhaps, it is all that could with propriety, be submit ted at this-time. We are informed that ~ 44 By a formal order from a British Admtrai, the frigate Chcfapeakc, leav rng her port for a diffant service, was attacked by one of these vessels which bad been lying in our harbors under the indulgence of hofpitalitv, was dis abled from proceeding, had feverul of her crew killed, and four taken away.” 1 hefe faffs being unquflionable, it forms, as we conceive, a case of attack oh national sovereignty, such as no government can tamely submit to, without an ignominious furvender of its independence. As on this point however, we have the misfortune to differ from,fame, whose political fen tirnents .we refpeSl, and whom perfott aliy we highly esteem, we (half endea vor once for all, arid in lieu cf any o ther notice of the fubjecl, endeavor to be very explicit; but our limits will compel us to be very brief. Among thpfe who differ from us, are fume who leek to palliate, and fome who go the length of juffifying the British Admiral, on the ground that our government were guilty of the fir It wrong. We might frfcly ad nit the pretnifes and dill deny the in ference. But let us bellow a few mo ments on the faffs. They fay that we were guilty of the f.rft wrong by encouraging and har boring British deserters, and that the Britilh had a right therefore, to take them by force after demand and refu ’ iiil. We anlwer that if they will trace the transaction back in this manner,! they ought to go further; and then it would appear that the wrong did not originate with us. Three of the deserters from the British had firll de- i ferted from an American velfel, and Were refufed to be delivered up when demanded, and if the fame rule ought to operate in the fame manner for and against both nations, then we fay, they -could have no light to inlift upon its observance by us, after they thern-i felv'es had relufed to observe it. But so this, they anlwer, the desertion on our fide wa only Irom a private ves sel, and on theirs, froina public velfel. and that there is a material diiference between* private and a public vessel. To which we reply, that as to the mat ter in ilfue, there is none. We arc enquiring v.ho did the lirft wrong. Prefidciu Walhington in his pro clamation ol neutrality, m 1793, ex horted and cautioned the citizens oi tli* United Statfes against aiding or a betting iioftiliucs against any of the powers at war. And by llatute ol the United States, palled in June, 1794 in conformity with the public law oi nations, it is among other things mad ed— 44 That if any person fhail within the territory or jurisdittion of the U pited States, enter or eniift himfelf, 01 lure or retain another person to eniift or enter himfelf; or to go beyond the limits or jurisdiction of the U. States. With intent to be enlisted or entered ii the service of any foreign prince 01 ftate,.as a soldier, or as a Maiine or feamau on board of any vefiel of war, lotterof marque,ior privateer, every perjoo-Tp offending fiftill be guilty o! a high mifdcmean jr, and (hall be lin ed) not exceeding one :hou&!j<j dol- lar?, and be imprisoned not exceeding three years.”* This llatute is surely fulliciently explicit. It not only for bids desertion and enlistment within our jurisdiction, (and no laws can pun ish what is done out of their jurisdic tion) but it goes the utmoll extent that j a law could go ; for it renders penal, even the etilifling abroad, if the intent was conceived at home : thus laying hold of the flighted circumstance to bring it within our jurisdiflion. Will any one after this, tell me that our go vernment looked with indifference on j the conduct of its citizens, in enlisting on one fide of either belligerent against the other P —Such enlistment is m U fedf a breach of neutrality, which no jull government could be supposed to countenance. It then, the desertion of the American fearnen, and ehlilting on board alhipof one ol the bellige rents was, in ‘itfelf, inconlillent with neutrality, and alio made a penal of fence, by the laws of their own coun try, whenever the act could by con flru6tion be brought within our juris diction, it could not possibly be other wile than wrong in the British com uianderto receive these men on hoarc; his velfel, and his doing lo was, there fore, the firll wrong. And as to iht argument on which so much ftrels i laid, that it can never be expended tha a belligerent Ihould consent to a doc trine that would thus render h-ifn liabft to lole his crew in a neutral port, b which his means of encountering tit enemy would be weakened, the an fwer is, neither can it be expected th ; > he should complete compkmci out cf neutral fearnen, by which hi means of encountering the enemy would be ft lengthened ; and if he wii adopt the latter, he cannot tomplan of the former. But one man, Ratford , was not ai American; and to him none of thi reasoning will apply. True. But wi fay that we have'the evidence of Com muuore Barron, firll, that the govern merit ordered him to eniift no Biitiff deserters; second, that fie was igno rant he had such a matt on board, Rat lord having entitled under snothei name. Candour, and a regard to di corum require us to take the fact to bt as Hated, at leail till it is folemnlv dis proved; and then Katfprd was, as t< implicating the government, as much an American as any one of the crew, j Os courfc, his being on board could 1 afford no colour for the hostility on the ground ot our knowingly and wil , fully harboring Britilh deferters.-'— ■On the oilier hand, one ol the fearnen J demanded by Lord Townshead and for whom the attack on the Chesa peake is declared to havtf been made, named \\illiam Hill, was an Ameri can by birth; a circumstance confes sedly known to the British, for it is ad mined that he enlisted at Antigua, b; thenameof 44 William Hill) of Phi ladelphia.'” Thus then Hands the case : Taking their own view of the fubjefct, that we did wiong in refufmg to give up de serters, when traced back, the first wrong is leen to have been done by the other party. 1 hey have attempt ed to lay down one rule for thetrifelves, by which they avail ihemfelves of the aid and afijflance of deserters to their vessels; hut they will not permit us to avail ourlelves of delerters fiom their vessels ; nay. they go further, and re fule us the privilege of receiving our own deserters back again to their alle giance. They make the deck of a britilh man of war an enchanted place, °r> which, whoever once Heps his foot, can never return, while the decks of all other vessels are wood and timber, which every lailor may leave at plea iure. V\ e cannot conclude, without tak ing notice of an error of no finall mag * I am sorry that the author of the pam ;hk*t, entitled “ Peace without dishonor, wir -Uhottl hofc, Ihould have thought himlelf at liberty to refer to this llatute without quoting it j and ltiil more, than in so doing, he fliouldo nut to notice the latter and molt important part altogether; which completely rebuts his infer ence. nitude into which the of Admiral Berkley have fallen. ihc true queflicn, they fay, is, whether he faffs that preceded the attack on tho Ghefapeake amounted to such a pro vocation, as would, if reported to the government of Great Britain, ju 1 y reprisal j. orauthorile a declaration ol wtir.f This is not the true qudhon, nor is at all the question. But it is, whether a ship of war shall searoi ano ther ship of war, when the re'peLivi sovereigns are at peace ? We bold, we i (hall ever hold, the negative, in terms I unqualified. The Prefidcnt, therefore, very pro perly denominates the attack an out rage. And be informs us, that 11 An armed vessel of the United States was difpitched, with inftruttions to our ministers at London, to call on that government for the fatisfatlion ana lecurity required by this outrage. This was perfectly fit and proper, and meets with our lull approbation. Mor do we hesitate to fay, that this 44 fatisfaflion and fecuritv,’ will be readily and J cheerfully given, il not prevented by any improper, injudici ous terms, in which the demand may { he made. We fay this with the ut moll confidence on the following ‘rounds. Iti the year 1795, the Baltimore rloop of war, capt Philips, being met it sea by an Enghfh 74, Commodore .oring; the latter demanded 50 fea nen, and after an examination, four m five of them were taken and kept, ‘/hen the news reached London, the vmerican rainfter, Mr. King, inttant v addreffeda note to Lord Greenville irotefting against the light of ash ip of j av to search another ship of war, un-l ier any possible pretext, the refpetftive vereigns being at peace. The an wer difclairned ail pretcnfifcns to xercife such a right, and promised ne moll ample fatisfafVion; and an •rderwas immediately issued, recall-! ng Commodore Loring. It appeared! lowevcr, on examination, that capt. Philips had voluntarily tent the men >n board: of course the blame lefts j • ith him. Bui captain Philips. W3S j oroke by his own government, for! uiscondufil, and an order was issued; uy Mr. Adams to all commanders ofi American thips of war, not to permit! ihemfelves t* be searched under any; pretext, or in any circuirtftartees. Our governnren: are in poffeßlon of the cofrcfpondence between Mr. King and Lord Greeville, on this oc casion ; and if they had only publilh ed it a few months ago, it would not only have saved much controversy, but have had a material effect in quiet ing the public mind, f Another of the Pamphlet. Foreign News. LONDON GAZETTE, OSchr J 7. BY THE KING-*-A PROCLAMATION, For recalling and prohibiting Seamen from servin'? Foreign Princes and Scales. George r. j Whereas it hath been represented unto us, that 1 great numbers cl mariners and feaiiairing men, I our natural-born fubje&s, have b *. a entfeed tb j enter into the service of Foreign States, and are how actually leaving as well on board the fnipj) of war belonging to the faid’ Foreign States, as on board the merchant vessels belonging to their fubje&s, rotwithftanding our former procla.ria tion recalling them, contrary to the duty and ah legiance which our said subjects owe unto us, and to the great dis-service of their native coun try ; we have, therefoA, thought it neeeffary, at the prefect moment, when our kingdom is'me naced and endangered, and when the maritime rights, on which its power and greatness do mainly depend, are disputed and.caileu in queition to pubhih, by and with the advice of our Privy Council, this our Royal Proclamation : We do hereby flridLly- charge and command all matters of (hips, pilots, mariners, Ihipwrights, and other fcafaring men, being our natnral-born iubiefts, who may have beer, enticed into the pay or service of any Foreign State, or do serve in .ny foreign (h : p or vessel, that, forthwith, they and every one of them do ( according to their boiinden duty-and allegiance, and in’ confidera tioa that their native country bath of all their fervice*,) withdraw themselves, and depart ■trom, and quit such Foreign Service, and do re. turn home to ‘n ir native country ; or do entei on board such of our (hips of war as they mav f ’® r '“ l l ~ n t!; er on the high fca 3 or in any rivers, waters, havens, roads, gsitt, or places, whtfoewr or wheresoever. Anc, for the better execution of the purpcCm of this our Royal Proclamation, wo do authorifc and command ell captains, tnaderr, and others, commanding our (hipsand vessels of war, to Shop and make (lay of all and every such person or persons ( being our natural bom fi.feje&s) as (hai* endeavor to transport or enter themfdues into the service of any Foreign State, contrary to the intent and command of this our Royal Proclarna. tion, aud to seize upon, take, and bring aw^ all such persons as aforefuid, who (hall be fcaaj to be employed or ferying in any foregn tjer. chant (hip or vessel as aforefaid: but we da ftriftly enjoin all such our captains, mailers, ad others, that they do permit no man • to go on board such snips and vessels belonging to date, at amity with us, for the purpose of so feizing upon, taking, and bringing away filch persons 3s aforefaid, for whose difereed and orderly do meanor the Lid captains cannot answer ; and that they do take especial care that no urmecef. fary violence be done or offered to the vessel or the remainder of the crew, from out of which such persons fhail be taken.. And in case their receiving informal ion of any such person or persons oeing employed, or serving on board of any (hip of war belonging to such foreign ilate, being a state at amity with us, we do authorife and command our cap tains, mailers and others, commanding our cf W3r, to rebuke of the captain or commander of such foreign (hip of war, that he doth (ortli. with release and difeharge fach person or per. sons, being our natural born fubjecl or fuhjec) s , and if such release and difeharge ihall be relufed, then to tranfrr.tt information of such relufal to the commander in chief of the fqtiadron, under whose orders such captain or commander Ihffl he then serving ; which information the said commander in chief is hereby ftriftly direffed and enjoined to.tranfmit, with the lead poffiMe delay, to our Miniffer reflding at the feat of gov ernment of that state to which the said foreign ship of war (hall belong, or to our Lord High Admiral, or Lords Commiflfoners of the Adipi ra’ty for the‘time being, in order that we, being appnfed of such proceeding, may forthwith di rect the neccffary flfeps to be taken for obtain i;:g redress from the government to which such ■j foreign ftps of war ft all belong, for the injury j done to us by the unwarranted detention o* our natural born fubjefts in the service of a foreign state. And whereas it his further been represented unto us, that divers mariners and featuring men, our natural born fubjefls, have been induced to accept letters hf naturalization or certificates!!, citizen ft, ip, from foreign dates, and have been taught to believe that by such letters or certiti. 1 4‘es, they are dife barged from that duty of alle giance which, as our natuaai born fubjeds, they ov;e to us ; row we do hereby warn ail such mariners,, ic 3 firing men and others, our r.aturft oorn fuhjeS.s, that no such letters of naturaliza tion or certificates, c.f citizenship, do* or can, in any marcer, divest Our natural born fubjefts cf the allegiance, or in any degree alter the duty which taey owe to us their lawful Sovereign.— But, in confideratioti of the error into which such mariners and feafaring men as aforefaid may have been led, we do hereby publift and declare our free pardon to all such our fubjeds, who, repenting of the delufior. under which they have aded, fhail immediately upon knowledge of tics our Royal Proclamation, vvitiadrav; themselves from foreign service, and return to their allegi ance to us ; and wo dq oefellre,. that all lucia our fubjeds, who (ball, cdctirnie in the fenicc of fcitign dates, in <f.f:cgard and contempt of this cur P-oyal Proclynation, will not only in cur our just difpleafurc, but are liable to be pro ceeded against for such contempt and (hall be proceeded accordingly ; and do hereby declare, that if any fufch mailers of (hips, pilots, , drillers, teamen, fhip r wrights, or al’ier le# faring- ma (i>eing our natural born fobjedts) Jball be tst.t-% in any foreign service by thejAlgerines, or otlitr- Barbary powers and carried into slavery. fhail not be reclaimed by ua as subjects of Great- Britain : And we do farther nctifv, that ail iiicb onr, fubjetts as SiOrd’aidj who have- voluntarily * j tered, .or fhail enter, or voluntarily continue to ! terve on board cf any (hips of nr belonjioz W I any foreign state at enmity with us, are aa ! will be guilty cf high treason ; And we do by j this our Royal proclamation declare, t’hat 1 ftaii be puilift-d with thdutraoit severity ofu ; lav'. Given at, our Com t at the Oueert’s palace, the 16th day or (Jitober, 1307, and in U* 4.7 th year of our reirrn. LOHDON, October 17- Vvfo received this morning the hfonifoars cf the Sfd and 3d in ft ant. They do not emit’"! one article of importance. French funds, 3iL 1-4. Hamburgh and Bordeaux nre in the gre-nrS’ did rest. The Spanish troops behave very ‘-U ;i - Hamburgh. The cahiaot council, which fat on Thurfa.'-V, at 2 o’clock, did not break-up until half pad ,v—• It was occupied with the conf,deration of the’ 1 '* j (tru&ions to be given to Mr. George Itofe, ji- I upon his fpccial mifilon to America, and M ’ John liorlafe Warren, upon hi- acctffmn to t.’- K command of the British Iq.ulc.ro:’, on the Kona Aiuerict.n ftatioi'. October 19.. , , The thifundci (landing with Am erf., and, ■‘•'h has proved a fourcc of so much at--.■ us faetr.ij * tion, may bo uqw entfidfred C.tally ietlltd. _'* a former paper we dated, that the weuuf.d dc-v or of the United States was only to be h-w-i ■ i* marking the c-oiidud of the X*cop.n:dvii •