Public intelligencer. (Savannah, Ga.) 1807-1809, December 06, 1808, Image 1

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fVoL. 11. No. 71.] THE INTELLIGENCE R, $ PUBLISH!* #N TUESDAYS AND FRIDAYS By NORMAN M‘LEAN, • M THE BAY, jST sitc dll/rs per annum, payable ike HAL* IN ADVANCE. documen is Accompany ing the President’s Mrs sage of'the Sui of Nov. IS 3. (Continued.) £xirael of a letter from Mr. Madison to genera! ArmJVrong. Detriment of St ate, July 22. ißd3. 44 Your dispatches by lieutenant Jcwis, were delivered on the Sth in* ilant. L it regretted that the interval be tween hi.; arrival and the date of vour etter to Vlr. Champagny, dun tig which, I prefu.ive, Tme v rb ! inter ctnotnuni’catiOo mufi have tak. n place, tad produced no indication of a L. orable ch*4^;^.-i£ tjjc *tew* of the French govr *?■■ FJ V y,h c-fpi ci to its rU crees ; jh - ‘ ’ *morc, that lnftead of an early and 1 t“d uabfr anfwt rlO your later, it fiiould have been followed by Iticb a decree .* is report-d to have -bceoiflued on the 22 April, 1; Bayonne. Ihe decree das not yet racked the United Mate -, and there fore, its precise imhoit cannot be as renamed. But ii tt fhoula be, as it u reprtiented a fwc.pin* flrckr at aii American vc fills 0.1 the higit fen-, it :- w:!l not only extend out demand* of reparation, but is rendered the inure ’ ominous with r-rtpett to the temper i snd views of tile emperor 1 war :$ the failed States, by the date of the mca [arc. “ The arriral of Mr. <L.k r with tny letter in May 2 h oi v hi h a copv herewith Lut, v,ih have m-thl'd vu to relume the J object of the and ciees with the faireii opportunity that lonld be given to the Tench govern nictu for a chance of the ti j fit and tiiiwi.se coutfe winch ha* bteupurfu ri ; atuJ i allure my felt that v u wil not have failed to turn the commuruca lions with which you are tunufiud o tbc belt account. If Fiance do not with to throw the United A'uie> into th - war agamfi het, fur which n is impoflible to find a rational or plan Mblc inducement, she ought not to b Itlate a moment in rev --king at !rft lo much of her deer e* as violate tin tights of the ft a, and furni h her ad vtrfiry the pretext for tus retaliating ineafuie. It would Item, j if ih Imperial cahinct had never paid luth dent attention to the fmailncfs of th hcrifict* which a repeal of ih.r p .rnon °1 its l/fteni would involve, tl an act sijuftice is to be called a facriuc* “The information oy the re-urn o ■ke (>faj.e from England is mu more ■‘lisfatbory than 1 hut from France. Bothing was Lid on the fuhj-. tt of the Bhefapecske, 11 *r any thing done or BtKMltd, as io the orders in council. B is probable that further accounts ■ IUi the Untied Mates were wanted Bfi and that the arrival of the St. Mi will have led to a tnani edition Bhhe rc-1 views of that governm nt on | Bole and other subjects. in the mean B ,l! ie it cannot be doubted, that h pes Byre cherished there of fume < vents in Bis country favorable o the policy 01 j Be orders, and particularly, that th Bnrnlive language and proceedings of Brance would bi lug on a hofltie rchlt- B'ice from ttie 1 tiittd A'.ate ; m which B"Ie the Uruifh gover.-mem woul 1 h BT to mould every tfimg to u latii- Bdicn. There is much u nion to be- Bve that it the iiruilh government BOuid tivy cUUCUI in * ipdtuai PUBLIC INTELLIGENCER. SV/ANM\ , rjEi.)AV, Dices* b.er C, 1808. oon of h - order* and of theeu b.rg: . ” will iclult from an unw lilin -nefs t> “ r[ an example which muhr be follow G and might conicquently pur an end to the it mating care, r of het enr. m '. °d which the tabulation is but!:. •Mir ht not uie he made of this view of ,iv mat'er.iii thof'e frank and friendly convi riations which fomeiimes beff admi ’ 1,, P 1c -' i of a delicate nature, and m wh.ch pride and prejudice can be b; II managed without delccnding from the r.ect flary level ? In every view it Js evidently proper, as far as ref peel to the naiionai donorwfli alloyv, to avoid a stile of procedure which tiuglu co operate wnh the policv of the linnlh pgovejnmnu, by flimulatuig the pas lions of the French.” Copies and extraCls of letters from general Armltrong to the lecrifary (and (rate, with copies of their cnUo fures. General Arm/lrong to Mr. Madison. (Duplicate] Paris, November 12. ISO 7. Sir , 1 It was not till yeflerday that Ire ; ce:ved from Mr. ‘Tipwi.h a copy of th decree of the council of orizes in the ci- of the Horizon. 1 Ids the hr!! unfrii ndly and -ciiion of that body, under the arretc of the At If of No vember, 1806. In thi* cL, jr.d on the petition of the detendam, the c urt h.id tecou.m tided ke rdfuution o< the whole cargo. I edd not, however, think proper to j mi m flung as i fa vor what i be lie. e my felt emit) and to ss a light 1 fu’ j'du 4 cupv of rnv note to (he muufk-r of ton ign > anti am, 1m . cSec, JOHN ARMSTRONG. Note of general Armstrong. 64 In she former copy nearly a page was tinnued by thecopin.” The feme to Mr. Champ -g ny. Paris, November i 2, iBo7. Sir, !he document to which thef* oh letvaiions are prthxed, will inform •your excellency that an American flnp racing uuaer the p.otediou of tii -atv* of nations, and of particular trea -ies, and {offering fh.;vieck on tht co-sft of France, hu.% recently been let zed by his majefiy's cificer*. and adjudged by Ins couticii of prizes ar follow*-, Viz, , *■ Our council puts at liberty tht \met lean veil. 1 Horizon, the fliip wrecked on the 30' h oi My lid, neai vluimix, and tonlequeruly order* trial tiic amount aril: .g Iroin the b.l i- j*lly made of th - wreck of the fain . eli 1, tog-- tr.er yvuh die merciiandiz of the cargo, which, accoidiug to an e.fiuiate made in die pre fence of iiie overicers of the adminiifrations of mar ine and udtotn houh , Hull have been acknowledged not to have proceeded I rum Lnghth manulaciures, nor from Lnjdh tertuory, shall be reflored to c.plain Maelure, will.out deducting any oilier expeuics tlian thoic reiattve to die Lie. And with regard to the other in. rcnanuize of the cargo, winch, from tiic tciuitul itn iaid citimaie, shall be acknowledg and to come fiorn nianu-J Unu cs or Eiigfdli territory, by vir-’ tue ot trie li a.ticle of ihe decree of trie. 2 id oi .November, 1806, tliey shall be conhlca.cd lor the ulc of the itaie; the whole 10 be fold by the forms pre lc.med in the regulations; and the; application oi th* p.oduct to be made rn conformity lo th ariangemems of me laid decree, deduction b ing made itn the ap'-nS* me and that of the iupport of tl e ciew, •'•Md the dav that the captain shall re ceive the notification of the nrek 111 h ctfion.” I hr re a Tons upon which this decis nn is founded, are at or.ee lo new and Urming to the Friendly relations of the iwo powers, that l cannot but dis. cuf them with a freedom in fome cic grre proportioned to my Icnfc ot then novelty and impcrtance. Confidcring” lavs the council, t. that the neutrality of the flop and cargo w-rc fuflicicinly diablifhed, th.- whole ought to be restored (agreeably lo the provisions of the co veruion of ihc 30111 ol September, l 800) provi ded no merchandize of Eugltfh origin Ibid been found in her, and of ccurfc out she had not been brought within ; the limits of the imperial dectec of S ihe sift of November, ißc-5.” I l icre is an open ar* unqualified ad j million, that the fliip was toulid with in the ru'e* pref.Tihcd by th conveu iion c j 1800 ; that according to this.; rules, her cargo and herit If ought t o hav been restored, and that fech would have beer, tlie sass, but lor the opera don of die decree of the 21 ft November, ISO 6 In ihe letter your excellency did me the honor to write to me on the 7*h of October Lit, you thought it • easy to reconcile the obligation., of this decree with , the preicrvaiion of th-ife aiding from trcaitcs.” It was not for me to examine the means by which this reconciliation could beef fed fed : they 10 floubt fu.lv exilted and yet cxifl in fits m j fly’s good plealure ; and taking for planted this | ‘ac., I iaw in t’ e opinion nothing but 1 I-iooi* of friendly dtfpohtidii* a;.u pledges that thrie were not ;o be m fLer wantor.ly deiitoytti or din.infill ed. How inaufoicious* however, m os authority anti ihe cons- Litoto. ce* rivnl from it, is this r: cent art of the council of pvizc*. ! An act u ich 1 x pitculy acknowledges the o poli.tr characters and c'.n{l;d;ng irjuncwon* of these two inffiu.neiits, anu whi fi of courfs draws afic r it co? Tilt-1- tions (he molt serious to the govern ment oi the United „V.a as. The fecund tvafi-n of t!ie council is, 4 - i hat the decree declaring (Bri nill) merchand ze good pi zo had principally in view captuie* on ihe nigh leas ; but tlii question whethet ihipwrei krd goods ought to be re> cored or cCnfucatcti, having alw'ay been judged und- 1 tt;e {4 u article of ihenguLiion ol th. Ejh of Jui\, lyjS, a id according to their chd’ac ic:. (which might have lendcrui i.w fui or iiave even cominendcd then seizure at fe.) the re i. no rcafon n introduce in Ihi j case any new tii ;me non, which however philanthropic n may appear, lias not as \ct been adop ted a:, a rule by s;n maritime nation.” The dottrine refilled (n ) this pas fa gc, and which inculcates the atm of extending protection to the unfor tunate, is not new to hs maj•■fly’s council of prizes. They have them fclves consecrated it by their oecilion of the 3d of March 1800. liy ih 1 decificn they rcltorcd att entmv 4 * (hip,(the Diana) on the bogle reafi.n that 44 she had been compelled men ter a French port by ftreis of wea ther.” “ I should certainly f-il, (fays the attorney general) in respect 10 my self and the council before whom 1 have the honor to represent the go* vernment, were 1 not to maintain a principle cons crated by our laws ana by tbofe of ail nations. 111 ail cir cumffances let the loyalty of the French government h tve as the basis of your decisions. Rfovc youiicLcs cnce uur L W .ioLE No. u,7 CtKtnics will know and 1 sp i ct y..uj* magnanimity.*’ Such was (| lc princi f’U adopted bv the council m the war 10 o, ana in the case of an eneniiei ,!l, P > > el we are now told that this very print;j !e, so honorable to the court and to the nation, and hum-a natuie. i, uueily uiikm wn to all n, a . | tatnne prop e. And on wliat occa j lion do w C hear this ( When an cne n‘v * !‘ U P 5 ’ again thrown on the Tench coafl ? *o. It has not beers i referyed for the wrec k of a neutral and friendly VrfTel l For a (hip of the United Stales ! It is not denied t.i.it had his ffnp escaped the rocks and made the port of Moirlax, ihe only? ini'.o!pitlitv to which she would have been expolt and (unde r the molt rigo i°us mterpietatton of the law in ques tion) would have been that of brin* ordned again to la. Has th n the misfoii une of fii pwreck so tai aheird ner coudi. n>n, as to expole hit to the injury of confiscation Jlo ? ‘nd is this among the principles which the defender of tnata line t ights means to co. fee ran- bv his power and wisdom ? It is imp ifiibh . i ire thud reason of the council is* “ f hat the application of sh £ih ar ticl aforefaut, in as far as it concerns tht American and other nations, i* die icjuh b.,ili of tire general cxpreflions of that very r a rnck, and of the com. mmiication rc- *mly made try his tx ccln iicy >he grand jiuige concerning tlcpiimnive inuiuion of Uic love, icigti. i his riafon will he found to fie luhftiiiit ial.y an I weird in m reply to :n a ion No. sos the coiTiCil. f1 w .11 ; tic i-cn th.ai me opinion given th re 44 ‘he appiic-t on of ail ich 5 of the m ot :ial decree 10 the American commerc’ is the relult of ihe gcn< ial ! txptcfhoos of that vt ry a-iu i v*a not the opr ion of ihe council on the 3 hoi .Vi a ich lail, wiirn nicy judged the case ot iiie Hibernia—.hey then decLicd tottunm ve 1 Lis tht the de cree v 4 Lid nothing of its own influ ence on ike convention of ttghu.cn hundred,” bciwecu the United btaus ati 1 Fiance. I he fourth reason of the council is, ” I hat the expedition in qucfhori havingccrtainly been made with a full : dge t>f the laid decree, no oo j ciion can bediawn wrh any propri s , from the general ru'es forbidding; •1 tenoiV'i ttive at’.ion, nor even in this p*r::cuLt rk', from the pofleiior date of 1 fie ecl in which the i and ciries .be cun fhon, Juice ifsi act ‘prung from Ins supreme wisdom, not <• an itucrpu taiion of a doubtiul I'-oint, but as a declaration ot an antc -1 roi- and . ofiuv.- dif'poiition.” A disposition is here attempted so )C taken between the interpretation of doubtful jioint and the declaration of .n anterior and 5 ositive, rule. This distinction cannot be maintained; for f the rule h.,d been positive, there would lime been no occasion for the Mchuutio . Neithei* the minister of marine nor the council of prizes could have had any doubts on the sub ject ; the execution oi the decree wo,tiki have been prompt and peremp tory : nor would a second not on the pari of his majesty, after alapse of twelve months been necessary to give operation to the first. Need I appeal to your excellency's memory for the Lets on which these remarks turn? You.know that as late as the 9th of Ujgust 1 sought an explanation olthe decree in question, ai.d that evun then your excellency (who was suiei' > competent and legitimate oi ga;,, ’ majesty) did not think \ our* jC ji p r( , p J cd io give it: the cor.ciusm- j s m^a lx : lus iLUvsty RUfcyver, tiantnuUtt.l