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ment, they were, as to us, illegal and highly unjusti- ed to him by Mr Fosten-ere all concealed, in the fiable. The passport was accepted, by th: 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 ac: to prohibit American vessels from proceeding to, or in preparator o, it appe-red, that six or seven lettera tradling reith the enemies of the United Siatrs, and for lirected for lisbon, had also been concealed during other purposes ;” pussed ile 6th Julykit.---The law (the chase. They were never delivered up, nor meri. corrid not have been known to the coliecior of New- tionel, unul such examination; when we find, macTurk on the 8th; when he cleared out the vessel and countably, that those leiters do not relate to the Tr. oline for Lisbon. She did not leave the liock till Lip, or her cargo ; and that neither in them or any the 12th. But whether it was or was not known on other paper on board, (ihough the ship as well as the bord of the Tup, before her departure from the cargo, were to be sold by him) is the supercurgo, II wok, docs nor it.pear. Some dispatches and letters who was going a perfect stranger to Lisbon, introsont on board by Mr. Foster, to the care of Jumes duced, recommended, or nained! ('irlund, the messenger, (a Trinity House Pilot, on The messenger and despatches were captured on bsritura home, irum New-York) directer for lis. board the Tulip. But the supercargo and the caphan, lie was riesired to deliver to ihe captuin of the stain do not precisely agree, as to the plan originaily Tip; though other letters sent under his charge, contemplated for disposing of them. limust howa ne same time, were direcred to be put in the post ever, be inferred, from what both have said, that, ofice 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, slie trie first instance. No papers or proofs, ascertaining was to put them on board of any vessel proceeding to the curgy to be American property, were then, or at England, which she might castially meet; and it, in any time since, shewn to the captors, or exhibited to her direct course for Lisbon she did not meet with a tiis court. The superc:argo, Braine, swears, that he vessel proceeding for England, she was to gail to huud verbal orders for selling the vessel and cargo, at he lands end (many degrees of latitude and longi. Lirbor, for account of Shuiv, of New York ; to whom, lude oui of her direct course) and lie oft and on there as he understood and believes, both belong. The until she found a vessel going into port. masier, Funk, swears, that he signed bil or bills of The envelope directed to Shaw and Carrol of Dub. ladmg “to oriler ;” and also declares his under-lin, contained, most assuredly, the only papers exhi. standing and bebri, that the property, in both vessel bibited in relation to the cargo. It is alleged, by the and estgo, beiongs to Willium Shawo of New-York. claimant, that those papers were to be produced onAs the suspicion that this ownership was one in lv in case the vessel should be carried into a British tranuiti, (induced by the circumstance of the bilis ot port. If the Envelope and its contents, had been at lading being to orien") 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 afier the passport ; which would ihe one hereafter mentioned, was found among the supercecie all necessity for producing these papers in p.pers delivered into this court by the captors. But a British port. American papers were, then, the onan initidavit of the captaill, Funk, was otiered, to ly documents the cargo required; if it were bona fide prore, that one had been delivered by the captain of American property. the Tulip, 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. I cannot have the authojection to it, of bemg sworn to by a witness who had rity of a paper found on board at the time of capture; bren examined on the standing interrogatories; be- it is not proved. on orth to have been signed ; nor fire an order for further prout. A russe de guerre could it have been conpetent to prove the facts there.
w practiset by the captain of the ATLAS, which in stated. It is contradicted in its principal allega. Wisther and his bre?, quer artish colors, and tion, by the oaths of braune and Funk ; and could el the privater Pite of bermudus. He said only be used to discredit their testimonx. " U« Teli 5: gorici prze"; and he should sendi Some animadversion has becil Wade, by the advohar into bul fer." At this stage of the business, cate for the captors, on a short letter from Mr SamThe PASAPOFT from 11. Foster Wis produced by ih payo at New York, directed to Mr. Sampayo at Lis. superestroy; tether isth the following document. om, found on board tie Tulip. There is no intrinsic
An Bridal (or lede was 10 episwiary conimu-levidence in this letter, that it relates to that vessel nication) was deverial with the passpori, and not for her cargo. The external circumstancos alleged to buire superser bed « Tu Messis. Siaw and Carrol, be grounds of suspicion, ure not proved, or judicialmerchallis, Dunian;" and containing an invoice and ly known to the court. builoftudiig of the cargo, both dated the 171 of The claim of William Shaw', and an affidavit an. Jane, 1812. The invoice is without marks or nuri- neseci--state, that he is a paturalized American citi. bers ; ii ii.Gunits in value to 0 11,839 6 cents; it in- zen, resident in New York, as u nicichant since 1795. cludes an item furcommissions ai 5 per cent. mak- That the lasiing of the brig (whereof he is the role ing 5 591 and 95 cents; and it is heuried “invoice of owner, as well as of the cargo) commenced on merchandise shipped on board the brige Tulip, Jimes the luth of June, and she was destined for Lisbon, Punks, nastw, for Lisbon, per order, and for account and no other pori, and he had not since changed her and respue of Messrs. Sh. W and Carrol, merchants, destination, or that of her cargo. The supercurso bad Dubin."—The bill of lading is signed by Jameslexpress orders to proceed to Lisbon; and not to much, Funk; it states the cargo to be shipped by William on any account, at any port, or place, in (reat Bri. Sham; it is clares the cargo to be sleliverable to the sain or Ireland.' That, for the purpose of protecting order of the shipper, upon payment of 4900 dollars the vessel and cargo from British capture, and for freight; and an endorsement from Illiam Shuw, no other purpose, on her voyage to Lisbon, he receive directs the captain to "deliver the writhu contents dd, from H. Barclar, son of the British consul, to the order or Messrs. Shaw and Carroi, of Driblin." letter írom AUGUSTUS). FORTER, lately the minister This locument with its enclosures-the character of plen poientiary of Great Britain near the United CLELAX 95 a messenger-and the dispatches entrust- Siales; mtended as a protection from Erinsh cap
ture ; and agreed to take on board one or two pas-, and noxious ? Is it within the compass of the most sengers; and tu land him or them in England ; provi- ardent credulity, (I say not credibility,) to believe, iled the deponent's vessel, either in the course of the that the minister's envelope enclosed entirely innoyolege, 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 a England.". If no opportunity (a vessel going in) oc- public minister prostitute his own, and the official curred off the lands end, the '?'ulip 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. ple states that his so proceeding to Lisbon, a cargo,-trifling indeed, to induce the sacrifice :had it been necess:ur'y, was not objected to, by Mr. And that, when the same object, for an innocent voyBurclay, the British consul, on condition of his “for-age to Lisbon, could have been effected, without warding, the saill passenger or passengers from thence such dangerous and anlawful pretexts ? to End, at huis own expence.” He states, that
I shall not extensively indulge myself in controver. the letter to Shaw and Carroll, and the endorsed bill
sy about the legality (common law legality applied of thug, were intenders to enable them to protect in a prize couri !) or the “novelty” of the mode the property it carried into a British port. “But the took, from necessity, to certify an extract of part of 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 tually captured, and carried in by u British vessel.”
proper, one of the advocates, who is greatly dissatisThat he was ignorint 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. The whole must be enumerated)" escept such as the stiid Augustus J. developed, or totally excluded. Another would subFister should deliver to the said passenger, or passen- mit to the judgment and certificate of the secretary of gera, at New-York.” He declares his ignorance of any state, both as to stato 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, eren by Mfr. Poster, they were so avithont assigns to him the receipt of, and power over the his consent or pririty. 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 stricted to sell both ressel und cargo ; and to invest have been as to my mode of placing the facts among the proceuris in biils 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, ani, or what part of the despatches were any person mabiting within the territories thereof
, indispensably necessary to the justice of the case : nor their factors, nor agents, had, or now have, any and (maugré this interdiction of the learned advoright or interest in the brig, or her caryo. A great number of letters for England, were found seems to be exactly the character, who ought to be
cate,) and throwing myself out of the question, he on board the Tulip, after her capture; but they did best qualified to form a juist opinion on the subject; pot relate to her, or her cargo.
either of relevancy or necessity of development. No Tlie passport contains, in itself, ample evidence of the doubt, should the secretary of state, hereafter, cermost essentialfact, on which I shall found my opinion. tify, in the manner this worthy advocate would apThis 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 men.. Patches themselves, whether innocent or noxious.-tion, or surtoise. 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, te speculations of the clamant's advocates; who, with take the first step on ic us, new, and often embarrassout having seen them, claim the right of contradicting points. It is riot my habit to be overweeningly at: ing (us decorously as such a circumstance will, with tached to myowr. mortisor opinions. But itis my habit any wokerubie appearunce admit) my statement. Thus to decide, and to act as it appears to me right at the calculating, ineffectnally here, w induce the spread-time; and that as pron:pudy as the case demands; leaving the despatches on the minutes; or excludinging the dissatisfied pariy to his remedy in a superior them entirely from the notice of the court. These tribunal. There is a protest to the extract from the speculations extend to the groundless, and, consider-despatch, and my cert.ficate 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, sance of the case, highly improbable supposition, that a superior irabrenal will give explicit instructions that the packet mignt contam nothing inimical or in what manner I shall bereafter proceed, it similar noxious. Probabiv, as is surmised, mere blank pa- circumstances (not likely to be frequeni) shoulth per! w give a color to a collusion between the claim-again occur. Weiher this mode or any other, ant and minister, for corering this cargo. Not a ve. be settled by those to whoni I look for correction of ry favorable aspect in which to place either the mi- my errors, is to me immaterial. Common law prinnister or their cient! or even the ownership of the ciples, and rules of evidence camot be applied in a er, 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
prize court. Its proceedings are toully different sueta conduct; especially in an object so small; it I are from pecessity and the nature and exigencies of did not possess the means of proving to the contra
cases bere permitted; which would be at once re
jected, not only in courts of common law, but on the The minister declares in his passport ;-"it be instance side of this, or any other admiralty court. come e indispensably necessary' (amii necessity is too often state morality) " 10 forward despatches to his
It is only on account of the novelty of this part of 11. jente's secretaries of state." Can any reasonable the cause, in this country, and by no means induced muud seriously presum:, that these despatches were
by any thing relating to myself, that add to the Rot, to them inportant; and, of course, to us, bostile foregoing obscrvations. viy leaving object is, to
obtain a direction for future government under such Sec. 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. Bui 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 it 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. Poster'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 conteyance could be firounhappily 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 opinon 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, in to 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 hare prize of by other enemies of Great Britain. Pass. been 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 ; our 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 congresy 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 süstrict judge ; as with him, and in even enemy ships engaged in a particular trade, bethe court in wbich 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 unlawfid 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 !y. If all our ships in this trade laden with cargocs 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 cate, but in his capacity of law should have the right of condemning them as prizes officer of the district, un 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 animadversion 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 demander its publicity, as to overbal-pers are not, in themselves, causes of coudemnation ; 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 . Imerican 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 Stvllum, 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 buna fide American property. The captain genein the incidents of war. If the superior court should rally 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 proois of cause, it is ready to be produced. As to the argu- property, one way or another. meiit of the claimant's advocates, that they should Iam 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 sbewing its innocence, and refiiting the imputation of subjects the person and property of the ouner 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 minorlject, 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 ihis cause, reach him or his property, both are free from the aš the example would be mischievous, on some fu-operation of any other.” It will be with more conside ture occasion. Our own citizens may easily escape feration than I think it necessary now to give the any difficulties on this account; by avoiding all in- question, before I deternine how far the prize jurisstrumentality in such business. Let it be remem- diction, without special authority, in penal acts of the bereil, too, that the noxious quality of the despatch legislature, applies to forfeitures accruing unuier our is only an aggravation of the offence; whereof the municipal laws? The law of the 6th July only in. placing the ressel, for any unlawful purpose, in ile terdiets licenses to trade to a British peri.' It oblig; service of the enemy, is the gist and substance. Trueles 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 conanice was give!).
templauon of the subject, inmaterial. For this reaAs to the questions of trade with eneinies, I will son, I have passed over, in the statement, the cirmeet them when they come direciiy before me. Pos- cumstance of the capacity of the British pilot Cleland sihty I may have to decide such questions in chief ; to place the vessel in a safe and convenient situation and I do not choose, incidentally, to give an opinion. for landing himself and a servont of Nir. Fost r's, Huskersirock (Duponceau's) 23, 4, clearly states— who was on board, at the same English port ou place. "But although trading with the enemy be noi spe. Neither the pilot or the servant, could have contemcially prohibited, yet it is forbidden by the mere open-plated a passage to England by the wall of Lisbon. ation of the laws of war." He bad before sail, that Trading with an enemy at sea, is equally illegal with most nationa forbich stich trading, either in their de so trading in port. Conveying intelligence, stands, clarations of Wal, or by special laws or edicts. Ino- on the same principle, and subjects the vehicle emtice tinis merely to shes, that in the opinion of this ployed, to capture as lawful prize. The curgo, if justly celebrated jurist, such municipal laws were belonging to the owner of the vessel so employed, valy cumulative prohibitions, re-enuclinents or addi- with his knowledge and by cypress agreemeni, in tions, to the law of nations; which would have been committing the ofievce, is confiscable er klicte. "Si competent without them. In this light I consider the sciverit, ipse est in lulo.” Anithe “Scienter" of the hair of the 6th July, in this case. Nor can I agree owner, in this citse, is incontrovertibly proved. If it with the claimant's alvocates, that a citizon, to cer- be enemy property, it is confiscable ex re, so that, in trin intents, may not be considered and treated as an either case, it appears to me u be lau fui prize of enimy:-Municipal laws, tis true, may cumu!utirely wa. On this view of the case, were I inclined to orfor offences against the law of war, operate person- der further proof, on the claim of American owner. alls, and also on property, within our territory. But ship, it would produce no favorable result. birth person and property are still subject to the laws of nations. The admiralty law, operating in its pro- embarrassed by matter not necessarily belonging to
Thave been complied by a long discussion, often 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 employed 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 philolorist; but here, it is more Every thing there said to condemn the conduct of a ingenious and learned, thai solid. A nettral violat
neutral, applies, with double force, against the act of ing his neutrality, is separated, by his own iniscon
a citizen, in such a case. The ground of decision, duct from the character of his nation; and becomes an individual enemy.
in the case of the Atalanta, is not kid in the obnoxA citizen of a nation at War, ious 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 menciemy, comes, pro hac vice, and his property, tlough tioned as an ingredient, to shew the enormity, and init may not be really or nominally eramy property, is
jurious tendency, of the offence. Nor is the judg. subject to all the consequences. It is contrary to
ment founded merely on the fraudulent cunduct of kis 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 obligations imposeil on him by his allegiance when he at there, I have avoided introducing with any stress. The fords service or assistance to the enemy, in any unlaw- illegality and inimical conduct of the neutral, in carful case. Conveying intelligence is accounted the wing chemy-despatches, is, by sir Wm. Scott, point, most mischievous and unlawful, attribute and con
edly relied on. comitant of trasling with the enemy: I should hold resident in his country, he the nature of them what
A neutral may carry despatches from a minister the opinions, thereof my decision is the result, up- they may, to the ports of the helligerent in the coun: on principle, if no decided case could be found. But me the case of the Hoop. 1, Rob. Am.ed. 165; and try to which the bellige rent 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 candidi;, 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 sucli conveyances must ture of thein ; 6 Rob. 465.
expect. But coicealment und mala fide conduct, I know of no case of service to an enemy, acts of are taking part with the enemy, and subject tie neue humanity excepted, which is not uleiul. Modern tral to the penalties intiicted 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 pesce ad neutrality, to that of rilite ne sont pas incompatible avec les devoirs de la war. No service afforded to an eneiny, as to despatchguerre." But ::ets of benevolence and offices of ci-es, or other assistance, can be justified. Delivery of vility, are very different from services wluch assist the despatches, on capture, without even an attempt in the operations of the war.
to conceal them, does not purify the original acti The foundation of my deeree 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, in the service of the enemy-carrying despatches of a
*See 4. Dallas. appendis. I.
2. Rob. 69. publie nature, sent, under the charge of a nessenger, from a British minister, to his government, during
Bynbershock 1. P. c. 12, p. 95. open atul declared warfure between this country, and † 6. Kob. 454. Great Britain and Ireliud ; in vialation of the duty See cose of the Carolina, 6 Rob. 461.. of allegiance of the owner. Whether the service ial 6 cm, 458,
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 ihis subject. Although all his opinions with a degree of patience which, to those unacquaintare not in unison with our sentiments, (nor in some eci with our character, approximated so closely to finportant instances are those of English common laro pusillanimity, that they supposed us willing to sell. judges) it would be illiberal and ancandid, to deny our birthright of freedom and independence for a bim the meed of great talents, soud serise, and a tho- mere bule of goods. But, by degrees, the indignamugh knowledge of the laws of nations. I do nottion of the people rose to i ne rear-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 exceutive edicis, or by constituted authorities of the nation, following the the prejudices arising from inveterate state policy, impulse of their constituents, tovk 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 lnited States and their them, no longer a tribunal gorerneil by the laws of territories and Great Britain and her ciependencies. 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
content with : we had before tried our strength with I do not reject the fact of norimus dispatches. Inim, and experienced the whole weight of his ilThey are not, 'tis true, spread on the minutes, com- trigues and arms. municated in ertenso to the chuimants alvocates,. Though this solemn decision of the legislature of 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 chameter 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 unlarful 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, [see 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, thie in my opinion, suficiently tenable. The claimants practice of impressment, with the principles 'of the own we nowe igment, in oath, would be competent orders in council, would be abandoned. But peace proof, did not die 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 Tec.
in consequence of some signal interposition of Divine If I am mistaken, in this new course, which the un- Providence for the relief of affiicted 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 sutierance, would have grown into principles to be corrected, on appeal.
he contended for and acted upon in all her future Much compiaint has been made, as to the form of wars, that would sooner or later place us in our the libel, the deficiency of the interrogauries, and present bostile attitude, anless, indeed, we should the conduct of the examination of witnesses. The become willing to su render our dear bought indelibel Iclo not think objectionable ; though it might pendence to the avarice andi arrogwice of an insatiahave been in another form, as to the parties libellants. bie nation and ministry. The interrogatories are sufficient to produce the There is another class of people opposed to the facts necessary in the cause. The proceedings at war. The mere creatures of England ; ready to the examination in preparatorio, passerl, 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 boly of men what alterations, or additions, are necessary, in or to destitute of national feeling. Voidofall 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 council, seeing their whole heart centers in dealing present claimant.
with the oppressor. The former class is deserving As I now conceive both the facts and the law of respectful attention, laboring under an error of opithis case, my duty imposes on me the unpleasant rion-but the latter is entitled only to repehension task of condemning both the vessel and cargo, as anul censure, being dishonest, trajterous and avarilawfiil prize, according to the prayer of the libel. cious. They are contemptibie in point of nnmbers,
RICHARD PETERS. but have wealth and great influence. One of the 11th September, 1812.
bappiest cffects of the war will be-the cleansing of the republic of such abominable rubbish. ticaven
speed the day when the “ money changerg" shall be Energy in War.
expelleci from the political temple!
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 intiuence its renecessity of the war against England, there is com- murn 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 honorabiy; the causes herty, 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 u hole 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 Americ, 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." (leeply interested in a successful termination of the This may be fairly inferred from our long endurance coniest, just abouč to begiu in real earnest. It, by