ment, they were, as to us, illegal and highly unjusti- ed to him by Mr FOSTER--were all concealed, in the fiable. The passport was accepted, by the owner of first instance, from the knowledge of the captor. the brig, after the passing of the act, entitled "An Even at the time of the examination of the witnesses act to prohibit American vessels from proceeding to, or in preparator o, it appe-red, that six or seven lettera trading with the enemies of the United States, and for directed for Lisbon, had also been concealed during other purposes" passed the 6th July host.The law the chase. They were never delivered up, nor mencould not have been known to the collector of New-tioned, until such examination; when we find, unacYork on the 8th; when he cleared out the vessel and countably, that those letters do not relate to the Tre wgo for Lichm. She did not leave the Hook till LIP, or her cargo; and that neither in them nor any the 12th. But whether it was or was not known on other paper on board, (though the ship as well as the board of the Tulip, before her departure from the cargo, were to be sold by him) is the supercargo, Hook, does not appear. Some dispatches and letters who was going a perfect stranger to Lisbon, intros'nt on board by Mr. FOSTER, to the care of James duced, recommended, or named! Chland, the messenger, (a Trinity House Pilot, on The messenger and despatches were captured on his return home, from New-York) directed for Lisboard the Tulip. But the supercargo and the capbon, he was desired to deliver to the captain of the tain do not precisely agree, as to the plan originally Tulip, though other letters sent under his charge, contemplated for disposing of them. It must howacne same time, were directed to be put in the post ever, be inferred, from what both have said, that, office in England. even if the Tulip was forbidden, by her owner, to Only the papers necessary to prove American cha-enter, or touch at, any English port, for the purpose racter in the vessel, were shewn to the captors, in of landing the messenger with the despatches, she the first instance. No papers or proofs, ascertaining was to put them on board of any vessel proceeding to the cargo to be American property, were then, or at England, which she might casually meet; and if, in any time since, shewn to the captors, or exhibited to her direct course for Lisbon she did not meet with a this court. The supercargo, Braine, swears, that he vessel proceeding for England, she was to sail to hal verbal orders for selling the vessel and cargo, at the lands end (many degrees of latitude and longiLisbon, for account of Share, of New-York; to whom, tude out of her direct course) and lie off and on there as lie understood and believes, both belong. The until she found a vessel going into port. master, Funk, swears, that he signed bill or bills of The envelope directed to Shaw and Carrol of Dublading "to order" and also declares his under-lin, contained, most assuredly, the only papers exhi standing and belief, that the property, in both vessel bibited in relation to the cargo. It is alleged, by the and exego, belongs to William Shaw of New-York. claimant, that those papers were to be produced onAs to the suspicion that this ownership was one inly in case the vessel should be carried into a British transitu, (mduced by the circumstance of the bilis of port. If the Envelope and its contents, had been at Jading being “to order”) there does not appear any their date (before the cargo, let it be noted, was all other foundation for it; unless it can be laid in the shipped) calculated as a mere cover; it was an unpapers herein after stated. No bill of lading, except necessary measure after the passport; which would the one hereafter mentioned, was found among the supercede all necessity for producing these papers in papers delivered into this court by the captors. But a British port. American papers were, then, the onan affidavit of the captain, Funk, was offered, to ly documents the cargo required; if it were bona fide prove, that one had been delivered by the captain of American property. the Trip, to the lieutenant of the ATLAS. The court I take no notice of the contents of a paper said to did not think this regular, in the stage of the cause be signed by the captain of the Tulip, Cleland, and in which it was offered; nor was it clear of the ob- Braine, after the capture. It cannot have the authojection to it, of being sworn to by a witness who had rity of a paper found on board at the time of capture; been examined on the standing interrogatories; be- it is not proved on oath to have been signed; nor fore an order for further proof. A russe de guerre could it have been competent to prove the facts therewis practised by the captain of the ATLAS, which in stated. It is contradicted in its principal allega was then and had been, taider Batish colors, and tion, by the oaths of Braine and Funk; and could ealed the privateer Pitt of Dermudas. He said only be used to discredit their testimony. "the TULIP was a good prize; and he should send Some animadversion has been made, by the advoher into Bal far." At this stage of the business, cate for the captors, on a short letter from Mr Samthe PASSPOR " (rom Mr. Foster was produced by the payo at New York, directed to Mr. Sampayo at Lissuperes go; together with the following document. bom, found on board the Tulp. There is no intrinsic An Elveluțe (or there was no epistolary commu-evidence in this letter, that it relates to that vessel nication) was denver,d with the passport, and not or her cargo. The external circumstances alleged to before supersor bed To Messis. Shaw and Carrol, be grounds of suspicion, are not proved, or judicialmerchants, Dublin,” and containing an invoice and ly known to the court. bill of lading of the cargo, both dated the 17th of The claim of William Shaw, and an affidavit anJene, 1812. The invoice is without marks or num-nexed-state, that he is a naturalized American citi bers; it amounts in value to € 11,839 6 cents; it in-zen, resident in New York, as a merchant since 1795. cludes an item for commissions at 5 per cent. mak- That the lading of the brig (whereof he is the pole ing 5 591 and 95 cents; and it is headed "invoice of owner, as well as of the cargo) commenced on merchandise shipped on board the beg Tulip, James the 10th of June, and she was destined for Lisbon, Fuck, master for Lisbon, per order, and for account and no other port, and he had not since changed her and risque of Messrs. Shaw and Carrol, merchants, destination, or that of her cargo. The supercargo bad Dubia."-The bill of lading is signed by James express orders to proceed to Lisbon; and not to touch, Funk ; it states the cargo to be shipped by Willam on any account, at any port, or place, in Great KriShaw; it declares the cargo to be deliverable to the tain or Ireland. That, for the purpose of protecting order of the shipper, upon payment of 4000 dollars the vessel and cargo from British capture, and for freight; and an endorsement from William Shaw, no other purpose, on her voyage to Lisbon, he receivdirects the captain to "deliver the within contentsed, from H. Barclay, son of the British consul, “a to the order of Messrs. Shaw and Carrol, of Dublin.” | letter from Augustus). Foster, lately the minister This document with its enclosures-the character of plenipotentiary of Great Britain near the United CLELAND as a messenger-and the dispatches entrust-States; intended as a protection from British cap THE WEEKLY REGISTER-BRIG TULIP. The whole must be ture; and agreed to take on board one or two pas- and noxious? Is it within the compass of the most sengers; and to land him ar them in England; provi- ardent credulity, (I say not credibility,) to believe, ded the deponent's vessel, either in the course of the that the minister's envelope enclosed entirely innoyorage, or off the lands end, whither she was to go in cent matter? or,-what is more fanciful,-blank pacase of necessity, should find a vessel bound in to per? and that in charge of a messenger! Would England" If no opportunity (a vessel going in) oc- public minister prostitute his own, and the official curred off the lands end, the Tulip was to proceed characters of "his majesties secretaries of state," for directly for Lisbon; with the passenger or passen- the petty and sole purpose of covering or protecting, gers. He states that his so proceeding to Lisbon, a cargo,-trifling indeed, to induce the sacrifice ;had it been necessary, was not objected to, by Mr. And that, when the same object, for an innocent voyBarclay, the British consul, on condition of his "for-age to Lisbon, could have been effected, without warding the said passenger or passengers from thence such dangerous and unlawful pretexts? I shall not extensively indulge myself in controverto England, at his own expence." He states, that sy about the legality (common law legality applied the letter to Shaw and Carroll, and the endorsed bill of lading, were intended to enable them to protect in a prize court!) or the "novelty" of the mode "But the took, from necessity, to certify an extract of part of the property if carried into a British port. said deponent, at the same time, instructed the said the contents of a despatch; and to announce the supercargo, not to shew either the said letter, or bill import of the subjects of it. I am not myself preof lading, until the said brig and cargo should be ac-pared, confidently to declare, what mode is the most proper, one of the advocates, who is greatly dissatistually captured, and carried in by a British vessel." That he was ignorant that the Tulip had on board fied with my mode will suggest, or tolerate no other. any letters for England or Ireland, (other than those He will have no middle course. enumerated) "except such as the said Augustus J. developed, or totally excluded. Another would subFoster should deliver to the said passenger, or passen-mit to the judgment and certificate of the secretary of gers, at New-York." He declares his ignorance of any state, both as to state policy, and noxious character: letters being put on board for Lisbon; and if any were but inhibits the judge,-although the law expressly put on board, even by Mr. Foster, they were so without assigns to him the receipt of, and power over the his consent or privity. He repeats that the sole desti- papers,-from all discretion, or instrumentality, in nation was for Lisbon; where the supercargo was in- this part of the case. Now (however mistaken I may structed to sell both vessel and cargo; and to invest have been as to my mode of placing the facts among the proceeds in bills of exchange, for the deponent's the exhibits,) it would seem to me, that, in some way account. That he ensured the brig and cargo for the orother, the judge who is to determine the cause, should Lisbon voyage alone. That neither the British go-have an opportunity of seeing and deciding whether vernment, nor any subject of that government, or or not, ans, or what part of the despatches were any person inhabiting within the territories thereof, indispensably necessary to the justice of the case; nor their factors, nor agents, had, or now have, any and (maugre this interdiction of the learned advocatc,) and throwing myself out of the question, he right or interest in the brig, or her cargo. A great number of letters for England, were found seems to be exactly the character, who ought to be ●n board the Tulip, after her capture; but they did best qualified to form a just opinion on the subject; either of relevancy or necessity of development. No not relate to her, or her cargo. The passport contains, in itself,ample evidence of the doubt, should the secretary of state, hereafter, cermost essential fact, on which Ishall found my opinion. tify, in the manner this worthy advocate would ap This document is sufficient in my view of the sub-prove, we should hear, from some other, a variety ject, without travelling into the contents of the des- of objections, which it does not become me to menpatches themselves, whether innocent or noxious.tion, or surmise. It has, too frequently, fallen to my lot Much less is it necessary minutely to attend to the through a period of more than twenty years past, to speculations of the claimant's advocates; who, with- take the first step on to us, new, and often embarrassout having seen them, claim the right of contradicting points. It is not my habit to be overweeningly ating (as decorously as such a circumstance will, with tached to my own modes or opinions. But it is my habit any tolerable appearance admit) my statement. Thus to decide, and to act as it appears to me right at the calculating, ineffectually here, to induce the spread-time; and that as pron ptly as the case demands; leaving the despatches on the minutes; or excluding ing the dissatisfied party to his remedy in a superior These tribunal. There is a protest to the extract from the them entirely from the notice of the court. speculations extend to the groundless, and, consider- despatch, and my certificate of its import. This was ing the character of the minister, and the circum-much desired by me, and I am gratified in the hope, stance of the case, highly improbable supposition, that a superior tribunal will give explicit instructions that the packet might contam nothing inimical or in what manner I shall hereafter proceed, if similar noxious. Probably, as is surmised, mere blank pa- circumstances (not likely to be frequent) should Whether this mode or any other, per! to give a colour to a collusion between the claim-again occur. ant and minister, for covering this cargo. Not a ve- be settled by those to whom I look for correction of ry favorable aspect in which to place either the mi-my errors, is to me immaterial. Common law prin nister or their client! or even the ownership of the ciples, and rules of evidence camot be applied in a prize court. Its proceedings are totally different But it should not be so exacerbated by the rage of war, as to presume the minister capable of from those of any other court. Proofs and evidence such conduct; especially in an object so small; if I are from necessity and the nature and exigencies of did not possess the means of proving to the contra- cases here permitted; which would be at once rejected, not only in courts of common law, but on the ry.* The minister declares in his passport :-" it be-instance side of this, or any other admiralty court. come e indispensably necessary" (and necessity is too It is only on account of the novelty of this part of often state morality) "to forward despatches to his majesty's secretaries of state." Can any reasonable the cause, in this country, and by no means induced by any thing relating to myself, that I add to the mud seriously presume, that these despatches were not, to them important; and, of course, to us, hostile foregoing observations. My leading object is, to obtain a direction for future government under such circumstances. *See. 6 Rob. Am. Ed. 465. I abstracted, from the mass of papers delivered to it is, as has been observed by the advocates for the me, the despatches of Mr. FOSTER, and sent them, claimant, that intelligence may be conveyed through with the seal of the envelope unbroken, through the a multitude of ordinary channels. But that going law officer of the district (the usual organ of com-directly from our plans suggested by a public funcmunication with the executive) to the secretary of tionary, especially if attended with the solemnity of State. This I did, under my own view of its pro-a messenger, could not fail to be, in ten fold ratio, priety and without adverting, at the time, to the regarded. It appears, in this case from Mr. FOSTER'S constant practice in other nations. In England and passport, that ordinary means were not in plenty; France, it is always customary. Those nations, for he declares "no ordinary conveyance could be prounhappily for themselves and all the world, are the cured." It also appears, that he would have preferred best acquainted with the horrible trade of warfare; such means; as he avers that the employment of having been, through ages, with short intermissions, this vessel arose from "an unpleasant necessity." engaged in it. Finally their bitter and endless col- I am not inclined to say (but I give no opinion on lisions have involved us; and we have, in our new any point, save that immediately before me) that a situation, much to learn. Both have alternated friend-passport unaccompanied with unlawful conduct, proship, and enmity, with us, at different periods of our tecting the vessel in this case, if the cargo he really national existence. But I do not on the latter ac-American, from British cruisers, would have been as count, disregard all their established practice, into us, cause of capture and condemnation; however prize proceeding. Fas est et ab Hoste doceri. In both it might have exposed her to the risk of being made England and France, communications are, and have prize of by other enemies of Great Britain. Passbeen through a long course of time, made by their ports from a belligerent, to neutrals (or possibly to executives, or their ministers, to prize judicatories; four ships even now, when we have changed our neuas well of the fact of captured despatches (always tral character) to proceed unmolested, from one lawsent to some executive department) as of their ten-ful port to another, may not be considered as illegal; dency and import. Our act of congress directs, that if not tainted with unlawful conduct or conditions. all papers, found on board a prize, shall be delivered, It is not unprecedented for a belligerent to exempt on oath, to the district judge; as with him, and in even enemy ships engaged in a particular trade, bethe court in which he sits, all proceedings must ori-neficial to such belligerent from capture by its cruisginate. But the despatches, in extenso, are never,ers. It is yet unlawful for us to trade with Portugal in any country, developed in prize courts. How this and Spain; with cargoes bona fide American properis to be regulated in our courts,-let the superior ty. If all our ships in this trade laden with cargoes courts, or the legislature, direct. The secretary of belonging to our own citizens, were exempted from state transmitted to the attorney of the district, not capture by the British, I do not now see, that we as proctor in this cause, but in his capacity of law should have the right of condemning them as prizes officer of the district, an authenticated copy of the to us. But when particular vessels are indulged with despatch from which I made the extract, and certi-such exemptions, it creates suspicion, at least as to fied its import. It was accompanied by a request, cargo. This has caused much ani madversion in this that it might not be made public; unless I should case, and in all such cases, clear proof is required be of opinion, that the justice of the case so in-to repel the fraudulent appearance. Simulated padispensably demanded its publicity, as to overbal-pers are not, in themselves, causes of condemnation, Lance the policy and interests of the government and though they throw the proof on the claimants; and nation. I was not of that opinion. But placed among carry with them strong suspicion of fraud. This the exhibits, the extract objected to; being the only vessel and cargo were ensured, and should have been part in any wise directly relating to the cause. I would documented, as American property. It is, on this score not require the whole to be spread on the record; not strange, that no papers, as to cargo, but those sworn only because I did not deem it essentially necessary by the claimant to be simulated, should be found on but because I would not establish a precedent, which board. If he was justified in covering, to delude the if followed, might in some future case, (however it enemy he certainly should have contemplated the might be in this) involve and injure the interests of risk of capture by us. Incidit in Scyllam, cupiens the nation; to which those of individuals must ever evitare Charybden. The solitary bill of lading, and give way. The judiciary of this country being a co-that not in possession of the supercargo, offered to ordinate branch of the government, is peculiarly be proved to have been delivered to the lieutenant of bound to be attentive to the safety of the nation, on the Atlas, by the captain of the Tulip, even if the such points; and more especially in courts whose proof had been admitted, seems but slender evidence jurisdiction rises out of, and is employed exclusively of bona fide American property. The captain genein the incidents of war. If the superior court should raily retains one of the bills of lading for his own deem the despatch, or the copy of it, essential in the purposes. This has no operation, as to proofs of cause, it is ready to be produced. As to the argu-property, one way or another. ment of the claimant's advocates, that they should I am not now necessarily bound to determine whe have the opportunity of discussing its contents, the law of the 6th of July embraces this case; or shewing its innocence, and refuting the imputation of subjects the person and property of the owner to its noxious character;-I feel warranted in saying,-that forfeitures and penalties. If they even are so subgreat national objects must prevail, over such minor ject, they are not exempted from the laws of nations; considerations. Nor do I conceive the despatch when those are violated. I cannot agree in the doc(which, however, cannot but be believed to be calcu-trine insisted on, "that the claimant is only amenalated to serve the interests of the British government ble to this law of our country; and if that does not and not ours) of so much importance in this cause, reach him or his property, both are free from the as the example would be mischievous, on some fu-operation of any other." It will be with more consid ture occasion. Our own citizens may easily escape eration than I think it necessary now to give the any difficulties on this account; by avoiding all in-question, before I determine how far the prize jurisstrumentality in such business. Let it be remem-diction, without special authority, in penal acts of the bered, too, that the noxious quality of the despatch legislature, applies to forfeitures accruing under our is only an aggravation of the offence; whereof the municipal laws? The law of the 6th July only inplacing the vessel, for any unlawful purpose, in the terdicts licenses to trade to a British pert. It oblig service of the enemy, is the gist and substance, True es vessels to give certain bonds, before clearance and departure. The Tulip was lawfully cleared; the law which she was engaged, was to be performed, by acnot being, nor could it be known to either the claim-tually going into a British port, or by transhipping ant or the collector at New-York, before the clear-the messenger and despatches at sea, is, in my conance was given. templation of the subject, inmaterial. For this rea As to the questions of trade with enemies, I will son, I have passed over, in the statement, the cirmeet them when they come directly before me. Pos-cumstance of the capacity of the British pilot Cleland sibly I may have to decide such questions in chief; to place the vessel in a safe and convenient situation and I do not choose, incidentalių, to give an opinion. for landing himself and a servant of Mr. Foster's, Bunkershrock (Duponceau's) 23, 4, clearly states-who was on board, at the same English port or place. "But although trading with the enemy be not spe- Neither the pilot or the servant, could have contemcially prohibited, yet it is forbidden by the mere oper-plated a passage to England by the way of Lisbon.— ation of the laws of war.' He had before said, that Trading with an enemy at sea, is equally illegal with most nations forbid such trading, either in their de so trading in port. Conveying intelligence, stands, clarations of war, or by special laws or edicts. Ino- on the same principle, and subjects the vehicle emtice this merely to shew, that in the opinion of this ployed, to capture as lawful prize. The cargo, if justly celebrated jurist, such municipal laws were belonging to the owner of the vessel so employed, only cumulative prohibitions, re-enactments or addi- with his knowledge and by express agreement, in tions, to the law of nations; which would have been committing the offence, is confiscable ex delicte. "Si competent without them. In this light. I consider the sciverit, ipse est in dolo." And the "Scienter" of the law of the 6th July, in this case. Nor can I agree owner, in this case, is incontrovertibly proved. If it with the claimant's advocates, that a citizen, to cer-be enemy property, it is confiscable ex re, so that, in tain intents, may not be considered and treated as an either case, it appears to me to be lawful prize of enomy-Municipal laws, tis true, may cumulatively war. On this view of the case, were I incimed to orfor offences against the law of war, operate person-der further proof, on the claim of American ownerally, and also on property, within our territory. But ship, it would produce no favorable result. both person and property are still subject to the laws I have been compelled by a long discussion, often of nations. The admiralty law, operating in its pro- embarrassed by matter not necessarily belonging to per tribunal, is peculiarly applicable to property, it, and too much protracted to dilate on this subwithin its jurisdiction-and when that is rightfully ject so much more than I intended, that I do not smployed on subjects of prize, it is emphatically, pointedly notice all the authorities, which, I think, a court of the law of nations, in whatever place or fully support my opinion.* In the case of the Atalancountry it sits. The technical definition of "enemy," given by one of the advocates for the claimant, unlawfully conveying public despatches, will be found. ta, (7 Rob. 440) much information, on the subject of would do well for a philologist; but here, it is more Every thing there said to condemn the conduct of a ingenious and learned, than solid. A neutral violatneutral, applies, with double force, against the act of ing his neutrality, is separated, by his own miscondict from the character of his nation; and becomes in the case of the Atalanta, is not laid in the obnoxa citizen, in such a case. The ground of decision, an individual enemy. A citizen of a nation at war, ous British doctrines of colonial trade; but the imlending himself or his property to the service of the portance of a colony to the mother country, is menenemy, comes, pro hac vice, and his property, though tioned as an ingredient, to shew the enormity, and ins it may not be really or nominally enemy property, is subject to all the consequences. jurious tendency, of the offence. Nor is the judg It is contrary to ment founded merely on the fraudulent conduct of lis allegiance-which is part of the law of nations; the neutral; though that is also an ingredient, which, and there is no distinction, in this regard, between whatever there may be in this case of a similar nanative and adopted citizens. He violates the obliga tions imposed on him by his allegiance when he aftre, I have avoided introducing with any stress. The fords service or assistance to the enemy, in any unlaw-legality and inimical conduct of the neutral, in carful case. Conveying intelligence is accounted the enemy-despatches, is, by sir Wm. Scott, pointmost mischievous and unlawful, attribute and conA neutral may carry despatches from a minister comitant of trading with the enemy. I should hold resident in his country, be the nature of them what the opinions, whereof my decision is the result, up- they may, to the ports of the belligerent in the counon principle, if no decided case could be found. But see the case of the Hoop. 1, Rob. Am. ed. 165; and try to which the belligerent belongs. particularly the note, 184, Duponceau's Bynkershock! If the neutral is stopped on the high seas for search 157, 8 Term. 561, 1 Term. Rep. 185, St.Leon,Jenkins all he has to do, is to act candidly, and deliver the Introd. 86, 92. And also sir William Scott's defini- despatches to the enemy of the minister's govern tion of despatches; and his reasoning as to the na- ment: which those who use such conveyances must ture of them; 6 Rob, 465. expect. But concealment and mala fide conduct, edly relied on. I know of no case of service to an enemy, acts of are taking part with the enemy, and subject the neuhumanity excepted, which is not unlawful." Modern tral to the penalties inflicted by the laws of nations, warfare permits (though not always practised) offi- Very different is the case of a citizen, whose country ces of civility between enemies. "Les offices de ci- changes its state of perce and neutrality, to that of vilite ne sont pas incompatible avec les devoirs de la war. No service afforded to an enemy, as to despatchguerre." But sets of benevolence and offices of ci-es, or other assistance, can be justified. Delivery of vility, are very different from services which assist the despatches, on capture, without even an attempt in the operations of the war. to conceal them, does not purify the original act; The foundation of my decree is that this vessel which was illegal ab initio in the citizen: though it was, at the time of capture, with the knowledge of, might have been otherwise in the case of the neutral. and under the contract with, the owner, undeniably, *See 4. Dallas. appendix. 3. in the service of the enemy-carrying despatches of a public nature, sent, under the charge of a messenger, from a British minister, to his government, during open and declared warfare between this country, and Great Britain and Ireland; in violation of the duty of allegiance of the owner. Whether the service in! 2. Rob. 69. Bynkershock 1. P. c. 12, p. 95. See case of the Carolina, 6 Rob. 461.- If there be not a decision directly to the point of of the one-sided war so relentlessly waged against this case, I hesitate not, to apply old principles to the persons and property of our nation for years, by new circumstances. I agree in the reasoning of sir the present open enemy. We suffered these things Wm. Scott on this subject. Although all his opinions with a degree of patience which, to those unacquaintare not in unison with our sentiments, (nor in some ed with our character, approximated so closely to important instances are those of English common law pusillanimity, that they supposed us willing to sell judges) it would be illiberal and uncandid, to deny our birthright of freedom and independence for a him the meed of great talents, sound sense, and a tho-mere bale of goods. But, by degrees, the indignarough knowledge of the laws of nations. I do not tion of the people rose to the war-pitch: they befollow his decisions, or opinions, as binding authori-came fully sensible that real peace could not be hoped ties. But his decisions are luminous guides, where for but as the blessed fruit of honorable war; the they are not warped by the executive edicts, or by constituted authorities of the nation, following the the prejudices arising from inveterate state policy, impulse of their constituents, took the state of their which too often tarnish the character of the court in country into solemn consideration, and decreed, that which he sits, and render it, when operated upon by war existed between the United States and their them, no longer a tribunal governed by the laws of territories and Great Britain and her dependencies. nations. He does not, however, stand alone, in sup-This appeal to the sword was not made without porting the principles which have directed my judg-counting the cost: we knew the enemy we had to contend with: we had before tried our strength with ment. I do not reject the fact of norious dispatches. him, and experienced the whole weight of his inThey are not, 'tis true, spread on the minutes, com-trigues and arms. Though this solemn decision of the legislature of municated in ertenso to the claimants arivocates, nor proved in the way they deemed exclusively pro-the union was in strict obedience to the will of a great per-Yet the tendency and character of thein are majority of the people of the United States, some sufficiently unfolded for all the purposes of justice. of our citizens, while they freely admitted the justice I rely on the unlaxful service, incontrovertibly proved of all claims we advanced as founded upon the imby the minister's passport; to the evidence whereof mutable laws of reason and right, [sce the notes) no objection has been, or can be made; as the prin-appeared desirous to wave their rigid exaction for cipal ground of decision; though both grounds are, the present; believing that at a general peace, the in my opinion, sufficiently tenable. The claimants practice of impressment, with the principles of the own know egment, en oath, would be competent orders in council, would be abandoned. But peace proof, did not the passport, on its face, bear ample will never take place in Europe, while the merchants testimony, of the fact of employment in enemies ser- govern England and Bonaparte rules France, except in consequence of some signal interposition of Divine v.ce. : If I am mistaken, in this new course, which the un-Providence for the relief of afflicted humanity ; and, happy contest we are now commencing has thrown in the mean time, the pretensions of Great Britain, upon me; my errors either in form or substance, may by sufferance, would have grown into principles to he contended for and acted upon in all her future he corrected, on appeal. Much complaint has been made, as to the form of wars, that would sooner or later place us in our the libel, the deficiency of the interrogatories, and present hostile attitude, unless, indeed, we should the conduct of the examination of witnesses. The become willing to surender our dear bought indelibel I do not think objectionable; though it might pendence to the avarice and arrogance of an insatiahave been in another form, as to the parties libellants.ble nation and ministry. There is another class of people opposed to the The interrogatories are sufficient to produce the facts necessary in the cause. The proceedings at war. The mere creatures of England; ready to the examination in preparatorio, passed, for the most make any sacrifice of American honor and interest part, under my own observation. I saw nothing im-to subserve the views of the "mother country", or proper, or reprehensible. Experience will teach us gratify their own sordid inclinations-a body of ren what alterations, or additions, are necessary, in or to destitute of national feeling. Void of all sensibility for any of the proceedings; and I shall always be ready, the gallant sailor feloniously stolen from his country in future cases, to listen to her lessons; aided by and friends, and perfectly willing to have their "trade the suggestions of the gentlemen of the bar; includ-regulated in all cases whatsoever," by an order in ing, very desirably, the learned advocates for the present claimant. As I now conceive both the facts and the law of this case, my duty imposes on me the unpleasant task of condemning both the vessel and cargo, as lawful prize, according to the prayer of the libel. RICHARD PETERS. 11th September, 1812. Energy in War. council, seeing their whole heart centers in dealing But the honest difference of sentiment in the Ame Though a difference of opinion exists-or, as some rican people, as to the propriety of unsheathing the believe, rather appears to exist, as to the policy and sword against England, will not influence its renecessity of the war against England, there is com-turn to the scabbard, until our unquestionable rights plete unity of desire for the restoration of peace, pro-are rescued from the general wreck and ruin of livided the contest terminates honorably; the causes berty, at sea and on land, by the great nations of Euthat led to it being removed. rope. Our national pride and our individual feelings The whole spirit of our system of government, and our rank among the people of the earth with our the unanimous desire of all thinking men in America, self-esteem, and the glory and future safety of these direct to “peace, commerce and honest friendship states with the happiness of every citizen, are all with all nations-entangling alliances with none." deeply interested in a successful termination of the This may be fairly inferred from our long endurance contest, just about to begin in real earnest. If, by |