STATE PAPERS. 



245 



discharge of theca!-p;o in som^ other 

 Uiitish, 01-4 neutral port. 



5. That without the imputation 

 of a contrabaid trade, as defined 

 by the law of nations, our vessels 

 are captured for carrying on a com- 

 mercial intercourse with the French 

 ^Vest Indies, althou rh it is tolerated 

 by the laws of tlie Frenc'i repub- 

 l.c ; a:id that, for this extraordinary 

 conduct, no other excuse Is alleged, 

 than tiiat, by some edict of a king 

 of France, this intercourse was 

 prohibited ; — and, 



G. That the conduct of the ad- 

 miralty in the British islands is im- 

 peachable for an excess of rigour, 

 and a departure from strict judicial 

 purity ; and the expenses of an ap- 

 peal to Eogland, too heavy to be 

 encountered, under all the circum- 

 stances of discourasfement. 



Against the French it is urged, 



1. That their privateers harrass 

 our trade no less tlian those of the 

 Jiritish. 



2. That two of their ships of 

 war have committed enormities on 

 our vessels. 



3. Tnat their courts of admiralty 

 are guilty of equal oppression. 



4. Tnat, besides these points of 

 accusation which are common to 

 the French and British, the for- 

 mer (tl)€ French) have infringed 

 the treaty between the United 

 States and them, by subjecting to 

 seizure and condemnation our ves- 

 sels trading with their enemies in 

 merchandize, vvhi;h tliat treaty de- 

 clares not to be contraband, and 

 under circumstances not forbidden 

 by the law of nations. 



5. Tnat a very detrlmentat em- 

 bargo has been laid uptin a large 

 number of American vessels in tiie 

 French ports ; and, 



6. That a contract with the 

 French government, for coin,. has 

 been discharged in depreciated 

 assignats. 



Against the Spaniards tlie out- 

 ra^^es of urivateer.s are urged. 



And against the Dutch, one con- 

 demnation in the adiuiralty is in- 

 sisted to be un-.varranta'jle. 



Under this complication of mis- 

 cliief, wiiich persecutes our coiu- 

 merce, I beg leave, sir, to submit 

 to your consideration, whether re- 

 presentations, as far as facts rmy 

 justify, ought not to be immed - 

 ately pressed upon t!ie foreign gu- 

 vernme.its, in those of the pr - 

 ceding cases for which they are rj- 

 spousible. 



Among these I class ; 1 . The v'u)- 

 lence perpetrated by public ships 

 of v>-ar. 2. Prohibitions, or reguld- 

 tians, inconsistent with the law of 

 nations. 3 The improper conduct 

 of courts. 4. Infractions of tr.aty. 

 5. The inipositiou of embargoes; 

 and, 6. I'he breach of public con- 

 tracts. How tar a government is 

 liable to redress the rapine of pri- 

 ,vateers, d-^peads upon the peculia- 

 rities of the case. It is incumbent 

 upon it, however, to keep its courts 

 freely open, and to secure an in".- 

 partial hearing to the injured appl - 

 caiits. If the rules pr sciibed to 

 privateers be too loose, and oppor- 

 tunities of plunder or ill-treatment 

 be provoked from that cause, or 

 from the prospect of impunity, it 

 is impossible to be too strenuous in 

 remonstrating against this formida- 

 ble evil. 



Thus, sir, I liave reduced to ge- 

 neral heads tlie p;'.r^icular com- 

 plaints, without making any inquiiy 

 into the facts beyond the allega- 

 tions of the parties interested. 



R 3 I will 



