wilmington gazette published wkeklt 3y allmhnd mali tuesday january 28 180 [ volu me x i>g 473 memorial j of the mkhclunfs oi tht c1tv st hi.vf i j k k : to the president of the united states and the senate and house of representatives ol the united slates of america in coii different times for extending the privileges of neutral vessels and limiting the grounds of capture we take no part we appeal to the old law it neutral rights can be reduced within more confined limits than this luw prescribes we perceive not how amidst the collisions of national interests ny neutral commerce can exist even in our native pro ductions n'ul produce from exporting it to hurope they however perceive with concern either a nugatory and vexatious regulation or a meditated blow at what they deem an incon tusiible und valuable right hetetofore there existed clear and obvious circumstances of discrimination between the direct trade which ureut-l!i itain has a->aum cd the right of denying to neutrals ami the indirect or circuitous trade which she admit to be lawful the direct trade could be per formed by a single shipment or voyage whereas the circuitous trade subjected the property to double freights and insurances to deductions in favour of ihe revenue and various other cxpeiicei in this country j if the arrival ofa ship in the country to s which it belongs ; the landing of the cargo ; the inspection of the custom house j the payment or security of duties d not terminate a voy.ige then we confess our ignorance on a point which never hav ing been before questioned has been assum ed by us as an acknowledged truth if the entry for exportation ; the embarkation of merchandize ; the re-inspection of the cus tom-house ; the bond for securing a delivery in a foreign country and a public clearance , do not indicate the commencenu nt ofa new voyage then we are yetio learn the meaning jf the expression if all the formalities and sa ij lions established for the security of our t revenii j if operations oi immense magni tude trartwcfed with the greatest publicity and without a n y motives for concealment i are considered as unreal representations and | merely colourable fraudulent contrivances j to coveran illicit trade between the colonies and tbe parent countries uf the enemies of . great-britain ; then it becomes necessary both in regard to our characters and inter , ests to inquire whether the new regulations j establish a more definite criterion for the dis covery of truth ? we repel with indignation the suggestion thut the trans-shipment of property for a for eign market by ttic original importer is e vidence of fraud or chicane or that unsup ported by other circumstances it can justify a suspicion that it is other than neutral in our opinion any discrimination between the rights of an importing merchant nnd a ven dee in tbe united states is manifestly fa lacious as it virtually asserts that the for mer can exercise only an imperfect dominion over property lawfully acquired and posses ' sed in this country while at the sane time j be can convey to tbe latter a title to a privi ' lege not enjoyed by himself in short that j a trade is unlawful when the advantage is to ! result to one person bat may be rendered lawful by being participated with another if the new doctrine is executed in the mild est form its operation must be highly i l . jurious by originating new questions for i litigation and of course subjecting ail our l commerce to new hazards of interruption ' we presume not however to comprehend | to what extent or in what manner the princi i p!c will be applied ; we perceive that the j ancient land-mark has been removed but we seek in vain for a beacon to direct our course • ' if we enquire whether a bona jide sale and delivery of merchandize by an importer be ' ing u citizen to another known citizen of the united states for a valuable considera tion will as in ordinary cases be conclusive evidence of a transferor property and the answer is affirmative ; then we complain that our ships have been detained tbe rates of in lurance enhanced and our property confisca ' ted for the establishment ofa rule which i when once understood will become inn-ato ! ry and cease to produce any commercial or j political cltcct if on the other hand this \ evidence is not to he deemed conclusive we profess ourselves to be utterly at a loss to ' discover what proof of ownership and lieu ' trality of property can with safety be relied ! oil j hut these embarrassments though perplex ing and vexatious are not those which prin cipally occasion our solicitude wc are compelled to consider the late derisions of the british tribunals as preliminary steps to wards a system for controlling the imports i tions and exportationi of colonial production thereby annihilating the most lucrative i branches ol our foreign commerce : if we owed this trade solely to ihe favour of great-britain ; still we might ask what j urgent motive what imperious necessity , required that the favour should be relumed at a period when our commerce was spread < over the orean anil when a change so esse j tial might destroy its security and subject | us to incalculable losses '. we deny however thai the right of commerce as claimed by ns are to be deem ■ ed favours on the contrary if the law of j nationsisotherthana temporary rule prescdb i ed b on arbitrary will *>. enforced by power then we appeal to its most universal and in ' violable principle in our defence this prin ciple is that ike goods ofa neutral consist ' ing of articles not comthadand of war in a ksxtraj vi ..:'.:., employed in a nnrct 1 adk between nfcutrat coumtrul ar,d !-■>■■ !'..;.;;, t cov i«y not ikvi s . ' |. ■ block ieu j'c or tcctcd in the controversies which have existed at tween her subjcc and the colonies of lier enemies may we not with the consent < f those colonies part.^.ps,te in the ianic com merce ? 1 four commerce with the enemies of grant liritain may now be cquflned u h,e system established in time oi peace may we im apprehend that the principle will bu letulia tecl in reaett 10 our commerce -.% : t h the i o lollifcs of tlreai-ui jt;,m i in that cuse what can ensue but war pillage nr.d devastation ? j hese arc not iintginary supposition j they illusthkte the mo«t imporflfot principles of oar commerce they evince the nuciwuy oi a circuitous trade to enable lib to iculia • the great value of exports in our native pi ductions wy nviih.h alone we atquiie i1 e l ■ cr to li(|uidate llur lauinte a^.tinsl n in i ut 1 comnierce with greaubritam ; they dtmotx strate thai the pbkitioti ageing tthicli h tonteiid is not a rule of the law t.t notion j the few of nations ordains no rule winch is unequal utid i:njust but itill we have other anj more forcible bbiectioiift the concession which ia^eqiiired would deprive us of mjny ndvnntofe'ts cbn mctcil with our local situation cur enter prise our wealth and our fortune it would require usto divert much of our capital and industry to new employments it would a mcuiil 10 an ab:nidonnicnt of views ax i com nicrcii.l people and mijjht involve ws in ckm perous controvei'»ie by virtual admission that any essential articles of supply may t the pleasure of a belligerent nation be pla ced in a sl-.te of inhibition equivalent to l n,f declared contrabanilof war hitherto we have recanted it as a pecnlinf felicity incident la our neutral situation that it was equally btneccul to ourselves and 16 all the parties with whom we are connected : the articles exported by usto the enemies uf great-britain being convenient supplies promised to secure to our ships in their ports u welcome reception and hospitable li-eu mrtn as the direct returns for these ex ports weve inconsiderable and as the pio ducts were almost exclusively remitted tt gre it-liiiuin mil thereby applied in pay ment for manufactures purchased on our ai cdiint we considered ourselves bint of re ceiving tvom them at loast that decree of protection which was recommended by ;* regard to neutral interest gress assembled i the memorial ot the merchants of ihe city ol new-york your memorialists be leave respectfully to approach the government ol their country ob subjects of great importance which have mtkvud their minds with the deepest anxiety i\i iiiinn ci/.nf.dmg n the justice and friendly dis posiiioris 1 u ' l i i«i goveniniwrt of great-uriiain oiid fnt»si(ypiwg a correspondent expecta tion that no uuusual rettrictlolia would bu imposed on neutral onuncrec without ad equate motives and ihe most ample notice ; presuming especially unit commercial enter prisos commenced under the sanction ot established principle would on no account be affected by a chuflge of system ; your memorialists have employed a vast caiiiul in importing various colonial productions ihe surplus uf which exceeding tlie demand oi this country they have been uccusu'viied to export freely to the uiffvrvnl uiarkcu of eu rope after this commerce had been prosecuted withoui restriction lor sever.il yew and had attracted a great proportion ol theii wealth aflet their insurer l>ad assumed immense re sponsibiiities jjimundcd on an opinion thai this trade wan strictly regular j having never received the slightest intimaliuui that u could be deemed incompatible with the rights ol u belligerent nation they have been suddenly contounded by unexpected intelligence of the urreslation on the high seas of a large portion of their piopeny which hud been em barked with the most unsuspecting cuiiu dence if il be intimated that neutrals should be confined to a commerce with such places and in such articles only as we r a allowed in peace by the municipal regulations of the countries engaged in war the doctrine may be repelled by the notorious lact ihut no bucii principle has govemud the conduct of nations during any wars in which they have been engaged ; alt were free to vary and in fact all have varied their commercial system : whatever theoretical opinions may therefore ikac been advanced there lias existed no such practical rule and to sei up such t rule under the unparralleled circumstances of ihe present war must itiiallibly destroy ihe com nterce of this country it is a well known fact that the people of the united state export to foreign countries a greater proportion ofthe aggregate annual value of the products ot their iiiuuat y ihuii any other people of the globe ; they arb con sequently most deeply interested in the se curity and freedom of tht-ir trade : in short being almost exclusively an agricultural and commercial people those pans of our coun try which from recent settlement br from othtt circumstances are wholly agricultural are more immediately interested than ny other as they are in a greater degree depen dent on foreign supplies and consequently most liable to be affected by any vibrations of the commercial system as our manufactures do not flourish in pro portion to the progress of our population wealth nd luxury the necessity of extend ing our commerce 1 is constantly increasing the basis of all our trade is the aggregate value of our native productions exceeding what are consumed in the united states these arc exported to various countries from which v.e receive supplies for domestic use or other articles for exportation a very great proportion of all the resuits of our commerce with the world centre in the do lninions of great'britain and we receive al most exclusively from that country our c)oath ing and other necessary manufactures uy the events of ihe late and present war many countries with which v.e prosecuted an increasing trade lime been either c!i ei led irom manufacturing pursuits or have been greatly impoverished or conquered und sub jected to the coloniiil system of great-bri tain • the feelings of your memorialists are not only excited by tuc losses which they have actually sustained in consequence oi a mea sure unsusceptible of previous calculation but also from the state of uncertainty in which they are placed with respect lo future commercial operations your memorialists heretofore believed that commerce between the united states and colonies subject to the enemies of great-bri tain whtnbona f.dc prosecuted on their own account would te perfectly bale from inter ruption : they have also believed thut all articles which might be securely imported into the united states might be as secure ly exported with the exception veil un derstood both in respect to llie import and export trade oi commerce rviih places blockaded or in articles contraband of war his however with much surprise that we have recently discovered that the very cir cumstances upon which ur hope a of secur ity arc reposed imc been ui^cd r.b aii ftients to justify an invasion of our rights uiui that i having totally suppressed the external commerce of her enemies great-brit/m in now counselled lo appropriate to hersi it thtit o ( . liriliit mis jt'il be true thai is expnrli r.s oi certain imiulrs to the ultimate markets our interest mi in collision vhh her's yet ii ought to be recollecteot that it is a pimiruliif and minor interest only ivhich buffers uiitl that the dis rivantn^e is a necessary const • quenre of her colonial that tii jjeneral results of our commerce are greatly in her favor ; thut they inviiu mie her itiuti iifacturinbinterestb which are the tru-t t . ; of her vealth j and that ihest interests cayi never lie promoted by the impoveribhrnei t l her best customers surely the security •■ neutral rights ought not to diminish i.t their value is augmented : surely t miihtim prt poncleraucj which enables its possessor tu blockade any of the ports ofitseiietnics con veysno just title to a monopoly olthe com nierce of the world ! in a recent interpretation of what is con sidered by the tribunals of great-britain ts a dhezt trad between the colonies and tlie parent countries of their enemies your me morialists perceive with concern the de\e lopemer.tofa principle which il conceded on the part of the united states must prove fatal to their commercial importance it is understood to have been decided that whenever it appears to be the intention ofthe importer of colonial produce to ex port the same to europe ; or whenever it is so exported by the original importer such intention or exportation shall be evidence of a direct trade and subject the properly though neutral o confiscation your memorialists consider i their bou:i den duty to themselves and their country to express their mosi decided opposition to this decision with these preliminary facts in view we request permission tudetail some of the most important consequences ofthe assumed rule that neutrals may he restrained ./. time of i r tj their c;cust?incd'.rs.!e in time of peace the injustice of such a rule in relation to the uni ted slates will be more manifest : the indi viduals employed in commerce would not a lone be uftected : ull the internal relations of our country would be disturbed : the inter ests of those districts which arc most remote fromoupprincipal ports would in proportion > to their dependence on foreign supplies be tnost severely depressed the effects of war cannot be confined to the countries engaged in war the value of money the price of labour the rates of freight and insurance are by war enhanced throughout the world ; ull articles ofmerch andize both of export and import are various ly affected in their quantities and value by new v.mts ; by the reliuquishment of for mer pursuits and by the new direction which is thereby given to the industry of different nations other consequences result from the effects of war ; as the impoverishment of some and the aggrandizement of other coun tries : also from the acknowledged right of belligerent nations to interdict commerce in contraband articles and toinstitute blockades this ust right ik highly injurious to neutrals as it frequently restraint them from proceed ing to the best markets it is obviously im possible therefore to confine the united states in time of war ainuti,t all these chan ges and disadvantages to tht-ir aununmtd trade in time j peace without destroying ail trade ' * as to the evidence arising from the suppos ed intention of an importer they readily ad mit that the quantities of colonial pro duce which are acquired by means of the american commerce exceeding the demand for consumption in the united states will fairly justify a gtnirat presumption that the surplus is ultimately destined for european markets they assert however that the intention of a merchant in respect to the ft ture destination of his property must from the nature of things be inconclusive all plai:b j business formed by individuals are liable to be affected by circumstances not to be foreseen or controlled i these plans are then-fore necessarily revokableby those who form them and an intention which has not teat executed proves nothing more than might justly be inferred from a general presump tion arising from the course of our com merce to apply mich an intention w a particular case to the prejudice of an indi vidual ; to presume that he has voluntarily incurred an immense risk which consistently with the success of his main object he might have fairly avoided and tj involve him in ruin for prosecuting a trade which if under taken with h different motive would have keen declared lawful ; would lie in the opi nion of your memorialists lo confound and reserve the best established prin n>ic*of rea son tquity and law your niemoi lulints contend for no innova tions rm the law of nations ; and,except where special treaties have prescribed a different rule they admit that the may lawfully be restrained from transporting the property of the parties engaged in war in the recent decision trhich prohibits an importci ■ ' in the list of nur complaints we connt forbear to enumerate the humiliating and op pressive conduct of ships bf war in llie i ciniiy of our coasts and harbours we rcs pect the principle and emulate the conduct ufgreut-iiritain in regard to our own jmi diction and wts wisli merely to < lahn for oun kt'lvt-s the same tneabure of justice vhicli she exacts from others but while we contend that we ought not to be expusedto humiliating ink)ui>uionm in the verge of our port which by meari»otse cret cutthexloni with our city may lie r>hdri ed conduciva to the indulgence <>( partiality | favor or malicei we duarow every wishtoili vest the belligerent iioiionti of their rights if in particular instances the americun tlj ; , and the character oi an american m«rchkinii bavr been prosliititcd t unworthy purpoabs we duclai'v the individuals 1ms !; uihv to kk our enemies and we wtah hot to sevctn them from ilu ju^t conkcquencea cf ihtif nii»coiictuct we it ■ o usktit that a com preheukive view of our commerce afibrdt conclusive evidence tliaiol the property ilr culuted through tl.i port the proportion li'nt can possibly belong to the tntmiei > f great-britain isau object unworthy tin at tention ol a iml-.it power ebpeciully if in i rigorous i » i ik n <)! its in i.t iij,liti it incurs the hazard ui forfeiting the cs.t em oi vt friends a if in consequence of the war certain arti cles usually exported from the united states to countries from which we received neces sary sup;>lies ceasn to be demanded in those countries may we not export other articles and thereby obtain the supplies m need ' if article usually imported into the united states in time of peace re:ti to c deinumled by us in time of war in consequence of our aoility to'obtain substitutes wind we prefer hall we be required to rtr.our.ee our export trade liy being forbid to import other articles for consumption or for commerce ' or shall webfl compelled to receive in exchange mti tle which we ilo not require ' if in consequence of in increased demand for our exports to pvticulai countries we dljtui in exi hai!;;r artii i •, .,( r 1 1 riri ■ > -. . ceediag our domcktlc wants sh ilitb i red ui.it the surplus perisb vt our hai i i great-britain pen i ft therefore the mode in whirl ihe a mericafi commerce it prosecuted i w ed y the law of nations .!' irreit nble e vidtiice arises from ourbittmtion wants midi necessary connection with the rest of tlic world thut it : i ulniubl exclusively grounded ii american r ipltal , it ih tu^gestioi s that '■ ire tli re . .■:■< ni otfoi ncra an ungc ' - a i ntr i '. bi .-, ologu | o 1 -