ARGUMENT OF CHARLES B. WARREN. 1203 



Northolt, master, 3 Robinson's Eeports, pp. 336, 339, has already been 

 read by me ; and Phillimore, vol. I, pp. 274, 284. 



The assertion of jurisdiction over the waters of Delaware Bay, 

 coupled with the acquiescence of Great Britain, established the claim 

 of the United States to these waters, at least so far as Great Britain 

 and France were concerned. 



It appears that the assertion of jurisdiction in 1793 over these 

 waters was demanded by the peculiar circumstances then existing. 



France and Great Britain were then at war, and the United States 

 was being used as a base of hostilities by each belligerent. 



The French were fitting out vessels in American ports, including 

 the port of Philadelphia, to which these very waters lead ; were enlist- 

 ing men for the vessels so armed and equipped in American ports; 

 were commissioning the vessels for war with papers brought from 

 the Executive Council of France; were investing French Consular 

 Officers in the United States with the jurisdiction and functions of 

 prize judges ; and prizes captured within American waters by vessels 

 fitted out in American ports were actually brought into American 

 ports and adjudicated upon by such Consular Officers, sitting as prize 

 judges. 



The continuance of this state of affairs, intolerable in itself, was 

 certain, if continued, to lead to friction, if not to war, with Great 

 Britain, and France. 



The conduct of Great Britain was less flagrant, but the his- 

 725 tory of the period shows that it likewise was making an im- 

 proper use of American ports and of the waters in question, 

 and was fitting out vessels for war at Philadelphia. 



President Washington desired to keep each belligerent at arm's 

 length, and to prevent the United States from being involved in the 

 conflict, as might have been the case, if the belligerents, disregarding 

 neutral rights, should conduct their hostilities from Philadelphia and 

 in the waters of this river and bay. 



The President issued a proclamation of neutrality, and by forbid- 

 ding hostilities within these waters by Executive Act, and not by a 

 judicial process following a decision of the question by any court of 

 the United States, gave notice to the belligerents that they could no 

 longer carry on their naval operations there so as to jeopardize do- 

 mestic interests, and the peace and tranquillity of the United States, 

 by making these waters the base of hostilities. 



At the request of Great Britain, the President of the United States 

 asked France to restore this British ship, the " Grange," captured by 

 the French frigate " L'Embuscade," within Delaware Bay, after the 

 "Grange" had departed from the port of Philadelphia equipped 

 for war. 



