The Wilmington Gazette

              wilmington gazette ivolvub x published ofkkly hy allmand hall tuesday february 11 1106 v 473 message trtm the president of the united states rr specttng thevtolcttjn of i hi neutral ru;hti ; the depredations on the colonial trade and impressment of american stamen tj the senate and j i jure of representative of the u states in mjr message to both houses of congress at the opening of their present session i submitted to their attention among other subjects the oppression of our commerce and navigation l>y the irregular practices of armed vessels public and private and by the introduction of new piinciples derogatory of the rights of neiitr>k and unacknowledg cd by the usage of nations the memorials of severa btdies of mer chants of the united states ire now commu nicated and will devdopc these principles and practices which aie producing the most ruinous effect on our lawful com merce and navigation _ the right of a neutral to carry on commer cial intercourse wiih every part of the domi nions of a belligerent permitted by the laws of the country with the exception of block aded ports and contraband of war was be lieved to have been decided between great dritain and the united stales by the sen tence of their commissoners mutually ap pointed to decide on that nnd other questions of difference between the two nations ; and by theactual payment of the damages award d by them against great-britain for the infractions of that right when there fore it was preceived that the same princi ple was revived with others itiore novel and rxtendtng the injury instrti^i'ins were riven to the minister plenipotentiary of the united states at the court of london and re mons jnr*n duly mnde hy him on this sub ject as will appear by documents transmit ted herewith these were followed bv a partial and tempr-nrv suspension onlv with out any disavowal of the principle he has therefore been instructed to urire this sub ject anew to briny it more fullv to the bar of reason and to insist on tights too evident and too important to be surrendered in the mean time the evil is proceeding under adjudications founded on the principle which is denied under these circunv tanres the subject presents itself for the consideration of congress on the impressment of our s-nrren our remonstrances have never een intermitted a hope existed at one moment of an ar rangement which might have been submit ted to but it soon passed av:tt and the practice though relaxed at times in the dis tant seas has been constantly pursued in those in our neighborhood the grounds on which the reclamations on this subject have been urged will appear in an extract from instructions to our minister at london now communicated th jeffersont jan 17 1306 documents extract of a utter from the secretary of state to james munroe esq dated department sta re april 12 1805 *• the papers herewith inclosed explain particularly the case of the bri amor " the sum of the case is that whilst spain was at war with great-britain this vessel owned by acitizenofthe united states brought a cargo of spanish produce pur chased at the havanna from that place to charleston wber the cargo was landed ex cept an insignificant portion of it and the duties paid or secured according to law in like manner as they are required to be paid orsecu'-ed on n like cargo from what ever port meant for home consumption ; that the cargo remained on land about three weeks when it was reshipped for barcelona in old spain and the duties drawn b:uk with a deduction of three and a half per cent as is permitted to imported articles in all cases at any time within one year under certain re gulations which wtre pursued in this case that the vessel was taken on her voyage by a british cruiser and sent for trisj to new foundland where the cargo was condemned by the court of vice-admiralty ; and that the cause w-as carried ihcnce by appeal to great-dritain where il was apprehended that the sentence below would not be reversed with respect to the general principle which disallows to neutral nations in time of war a trade not allowed to them in lime of peace it may be observed first that he principle is t modern date ; that it is maintained as is believed by no other nation but great-britain ; ami that ii was assumed 1 her under the aua piceiof a maritime mcendancy which ren dered such a principle kubservient to her pai ' iculur intercut the history of her regu lation on this subject shews that they have l>;jen constantly modified under the influence of that consideration the course <>!" these modifications will be seen in an appendix to the fourth volume of robinson's admiralty reports secondly thai the principle is manifestly contrary to t lie general interest of commer cial nations aswell is to the law of nations settled hy the must npproved authorities which recprnises no restraints c.n ihe trade of nations ifot at w*r with nations at war o ther than that it shall be impartial between the latter that it shall not extend to certain military articles nor to ie transportation of persons in military service nor to places actually blockaded or besieged thirdly that the principle is the more contrary tu reason and tn right inasmuch as the admission of neutrals into a colonial trade shut air.iinst them in times of peace may and ofien does result from considera tions which open to neutrals direct channels of trade with the parent slate shut to them in times of peace the legality of which latter relaxation is not known to have been contes ted ; and mtatnuch as a commerce may be and frequently is opened in time of war be tween a colony and other count lies from considerations which are not incident to the war and which would produce the same ef fect in a time of peace ; such for example us a failure or dimunitinn of the ordinary sources of necessary supplies or new turns in the course of profitable interchange fourthly that it is not only contrary to the principles and praotice of other nations but lo the practice of great-britain herself it is well known to he her invariable practice in time of war by relaxations in her naviga tion laws to admit neutrals to trade in chan nels forbidden lo them in times of peace ; and particularly to open her colonial trade both to neutral vessels and mpplies to which it is shut in tinirs of peace ; and that on at least of her objects in these relaxations is to give tohertradean immunity from cophmvt to which in her own hands it would be subject ed l>y the war bunul nnd ought not to be without great weight with vjiii n itions in like questiona re cun tii between thrill would be sufficient that th g 1r »'' should be landed and ihc duties paid s rob kei p 1868 9 the president lias il-iurrht it jirj«t thnt you should ijc furbished with u view of tin m.'ijoct as is hfic sketched ihul you may malic the use of it best sui'cil to the < ' ■ ■ ion if the trial of the autura should ii"t be over it is questionasl^whetlierihe go vl-rnmunt will inteift-re with its conns should ihc trjel bcovcr ai.d ihe sentence of thevice-admlralty court at st johns have been i nfiinud yen rc to lo*t ro time in presenting to ihc bplhsli a re pruseutation con ponding wdth the icope of these observations i nud in urging thni re dresi in ihe case which is tquully due .<■ ; 11 vnte justice to the reasonable expeci tion efthe united sta'ts natl 10 lhit cdb&dwics md limiimnv wliiili ouiht 10 e cl.tiishcd between the two nations on these grounds t^u u r may justly regard the british captures and condemna tions of neutral trade with colonies of the e nernies of g rent-britain ni violations of n^ht ; un;l if reason consistency or that sound policy which cannot h at variance with ei ther be allowed the weight which they ought to have ilie british government will lee suf rcient in dives vi repair the wrongs dune in such cjks ijy its cruisers and courts bui apart from this general view of thy subject m i efusal to indemnify the sufferers in the particular case of the aurora i i desti tute of every pretext because in he st cond puce the continuity of her boyage was clcmiy nri palpably broken tmu the t»'ade converted into a new character it has been already noted that the british regulation of 179b admits a direct trade in time of war between a belligerent colony and a neutral country carrying on the trade ; und admits consequently the legality of the im portation by the aurora from the havanna to charleston nor has it ever been preten ded thai a neutral nation has not a ri^ht to re-export io any belligerent country whate ver foreign productions not contraband >.( war which may have been duly incorporated and naturalized as part of the commercial stock of the country re-exporting it the cjucition then to be decided under the british regulation itself is whether in lauding the cargo paying the duties and thus as effectually qualifying the articles for the legal consumption of the countiy as if they liad been iu native productions they were not at the same time equally qualified with native productions for exportation to n foreign market that such ought to be the decision results irresistibly from the follow ing considerations i from the respect which is due to the internal regulation of every country where they cannot be charged with a temporizing partiality towards particular belligerent par tie or with fraudulent views towards all of them the regulationsof the u.s on this sub ject must be free from every possible imputa tion beingnoi only fair in their appearance but just intheir principles and having continu ed the sunn during the periods of war as they were in those of peace it may be ad ded that they probably correspond in every essential feature relating to re-exportations with the laws of other commercial «;< usuries and particularly with those ofgrfai-britaic the annexed outline of them by the se n ta l of the treasury will at once explain their character and shew that in the case of the aurora every legal requisite was duly com plied with mkssac.f from the president of the united stattt tram witling j cuments and p ipers relative tu . m p/aints by the government of france against tin commerce carried on by american citizens to tiie french island oj st domingo in sxnatk ok the unitxo status january i d 1 806 read and ordered to lie for consideration to the senate of tht united states in compliance with a request of the senate expressed in their resolution of december 27 i iiov lay before them such documents and papers there beint no other information in my possession as relnte to complaints by the government of 1 ran e against tin commerce carried onbj the citizens of the i stales to the french island of st domingo ill jefferson january 10 i8oc from general turreau to.the secretary cf state october 14 1 8 1 1 j . 1 lie undersigned minister plenfpotctniary of his imperial and royal rivajesiy to his < x cellency the president of the united state of america has testified in his ronver-ation with the secretary of state i is just discontent wi»h the commercial relnt ons wl : i ninny citizens of the different states of the tmi n maintain with the rebel of every color vlio have momen»fliily withdrawn the lony of st domingo from 0>c lei'm authority the principles injuriously aft cted by irh p commerce r r rntl.ir by tucli a system of robbery bripnndape are so evident snrci erallv acknowledged and adopted not only lv all nations who have acolnni ! system to de rend but even by those win have none and moreover cvt-n by cv ry wise pcuple to v i it ever political agrrepation they mny belci •/; that the statesman if he has not ingi e^r.y idea of in tire of hinrar.i'v and f n io l»w can no more contest their wisdom ihsri their existence and rertcinlv the tinder signed in fnuling bimself cnlled hv his i'tv as well as by his inrlinatian ii the bosom of a friendly people and near the reipectabls chief who directs its rovefhmcnt certainly the undersigned oupht not to have evpectrd that his first political relations would have for their object a complamt so serious an in fraction o manifest of jaw the most wcred and uie best observed by every nation under inc ionunion of civilisation lint it was not enough for some eitiwns cf the united states to convey munition rfe kind to the rebels of st domintro to lhat rate of african slaves the reproarh,&nd tli refuse of nature ; it vrs mi reovcr ne cessary to insure the sucrest of ihi imtmc and criminal traffic by the u»e of forra j he vessels destined to protect it nw con structed loaded armed in all the ports oftbe union under.the eyes of the amerimn peo pie of its particular amhr.rity and of the fe dcral government itself and this r overnnwnt which has taken foithe basis t.f its political career the most scrupulous equity nnd ihe in om impartial neutrality does not ft.rbid it a ilhout doubt and ni twilhstandinff t'.e profound consideration with vti irh*lhe min ister plenipotentiary ofthe french empire if penetrated for the rovemment of he union ; he might enlarre still farther upon the re nectiont su^^sted by such a state of th!nr a circumstance so important so unexpected dutit would be equally as nffliclinjt for him to dwell upon it tn s t t e its consequences as it would he for the government to hear him fifthly the practice which has prevailed in the british dominions sanctioned by or ders of council and an act of ' parliament 39 g 3 c vs authorising for llritith nub jects a direct trade with tha enemy still fm ther diminishes the force of her pfeteuaiona for depriving us of the colonial trade thus we sec in robinson's admiralty reports pas sim that during the lr>st war a licensed com mercial intercourse prevailed between great britain and her enemies france spain and holland because it comprehended articles necessary for her manufactures and agricul ture ; notwithstanding the effect it had in o pening a vent to the surplus productions of the others in this manner she asgumes to suspend the war ustmf atto particular objects of trade beneficial to herself whilst she denies the rifjht of the other belligerents to suspend their accustomed commercial restrictions in favor of neutrals put the injustice and in consistency f her attempt o jn-e»s a strict rule on neutrals is more forcibly displayed by the nature of the trade which iu openly car ried on between the colonies of great-britain and spain in the west-indies the mode of it is detailed in the enclosed copy of a let ter from wherein ii will be seen that american vessel and car goes after being condemned iti british courts under pretence of illicit commerce are bent on uii'.;sh account to the emmies of great britain if hot to the very port of the destina tion interrupted when they were american propiity \\ hut respect can be claimed from others to a doctrine not only of so re cent an origin arid enforced with so little uniformity but which is so conspicuously disregarded in practice by the nation itself which stands alone in contending fur i ? sixthly it is particularly worthy of atten tion that the board of commusoners jointly constituted by the british and american n vernments under the seventh article of the treaty of 1794 by reversing condemnations of the british courts founded on the piitish instructions of november 1793 condemned the principle that a trade forbidden to neu trals in time of peace could not be opened to them in time of war on which precise prin ciple these instructions were founded and iis the reversal could be justified by no other authority than the law of nations by which they were guided the luw of nations accor ding to that joint tribunal condemns he principle here r.ombatted whether the british commissioners concurred in these re versals docs not appear but whether they did or did not the decision wh bin ding and affords a precedent which could nut be disrespected by a like succeeding ni 2 from the impossibility of substituting any other admissible criterion than that of landing tlie articles and otherwise qualify intf them fop the use of he country if this regular and ettstomsiry proceeding be not a barrier against further enquiries where it may be asked are the tmtuiries to stop ? hy what evidence are particular articles to be identified on the high seas or before a fo reign tribunal if iilernificd how is it to be ascertained whether they were importei with a view to the market at home or to a fo reign market or as ought always to be pre sumed to the one or the other as it should happen to invite ? or if to a foreign market whether to one forbidden or permitted by the british regulation ? tor it is to be re colkcud that among the modification which her policy lias riven to the general principle asserted by her a direct trade is permitted to a neutral carrier from a belligerent colony to her ports as well as to those of his own countryi if a^ain the landing of the goods and the payment of dutits be not sufficient to break the continuity of the voyage what it may be asked is the derive ot internal change or alienation which will hove that ct feot may not a claim be set up to trace the articles from hand to hand from ship to hip in the snme port and even from one port to another port as ion as they remain in the country in a word in departing from the simple criterion provided by the country itself for ho own legitimate and per manent objects it is obvious that besides the defalcations which miu'ht be committed on our carrying trade pretexts will be given to cruisers fir endless vexations on our commerce at large and that a latitude and delays ril accrue in the distant proceedings of admiralty courts still more ruinous and intolerable the ground ol this sentence was and that ef its continuation if itich be tin result must be that the trade in which the vessel wasengaged wat unlawful and this unlaw fulness must re»t first on the general prin ciple assumed by ci-cai-llriiain that a trade from a colony to iu parent country being a trade not permitted to other nationi in time of peace cannot be made lawful to them in time of war secondly on the allegation that the continuity of iue voyage from tlit havanna to barcelona wa not broken by landing the cargo in the united states pay ing the dutiei thereon and thus fulfilling the legal prt'-ri'ijuisitits to a home consumption ; and therefore that the cargo w;i s 1 1 ! > j c c t to condemnation eveii multr the biiiish re gulation of january ■ i 1 ', wl'ii h so jar re laxes the priiltlii principle as to allow a di rect trade between a belligerent colony and a neutrnkoi.ii 1 . y carrying on luch a trade rhe secretary of itate 4 who pcrfcnly knows the juitico of tl.c principle and jie leguimacy ofthc r'tghti refered to in tbil note will bepfopinlofr tltat tieltlior ait int ceptible of tlif.cussion j betau«e a prinr.iple uniyeraally asfcented to aright general r tabhshed it never diwwwedt or at leaft is mtcuatedin vain the only way open for theredreii»oftheie coroplainta i to put n end to tht tolerance which produeea tbrm a which daily aggravui.i th m conaequen ". from th derision in the kritisli higti court of admiralty itself given in tlie ease of the t'»dly lasky master by a judge de«er vcdly celebrated for r profound judgment which cannot be suspti d ofleaning to ..; s doctrines unjuttor injurious to the riglils of bi own country on that occasion hi ■ ••: piessiy decltrci ; •> it is not my business to say what is miver<,ally the test of i bona fide importation : it is agreed thai it would be sufficient that the dutits should be paid and that the cargo should be landed if these criteria are not to be retorted to i should be at a jos to know what should irc the test s ad i am strongly disposed to hold that it i moreorcf this rote founded vpr n f ac t a ; not ks evident ban the principle which they infract does not permit u,e undrraien ed to doubt l,at b i;ov<-innirnt ofth l'ni i ted state will ih^e the mmi prompt u veil imtbcmoitcfl«ctual probibitorj ntcmoret