was banished the world. Mr. Cobbett has invariably professed a friendship for “ Mr. Windham, whom we have as invariably considered as the very champion of despotism; as no man but he, whose heart was steeled against every noble ebul lition of patriotism and overflowing with rancor and revenge, could have recom"mended a vigour beyond the law, and brand"ed honest men, liberated from a state of "persecution, with the epithet of acquitted £ felons! These are inconsistencies for "Mr. Cobbett 10 reconcile with his ardent professed love of liberty; to us they "are irreconcileable.- These observa“tions, extorted from us by Mr. Cobbett, "necessarily lead to the following few re marks upon the question of right attempted to be claimed by the advocates of such "a power belonging exclusively to the English government.-The engagement between the British and the American frigate off the Chesapeak has been stated " to have arisen from a demand of the Bri"tish Captain to search the American for de serters, which was refused on the part of "the American, who was reduced to submis"sion at the mouth of the cannon.-The : visiting by force the ship of a neutral and -" friendly power, for the purpose of search-ffing for deserters, is a case which does not "seem to have been, at any time, in the ..“ contemplation of writers on the Law of "Nations; for, neither Grotius, Puffen"dorff, nor Vattel, give an opinion on the question and we scarcely imagine that Civilians will be able to produce any au off thority for the exercise of a power wholly ¶ inconsistent with the sovereignty and in« dependence of the State who submits to fit. The right of searching ships for goods sff contraband of war has its limits, and has - ff not yet been extended to ships bearing 97 the flag of an independent State; nor can bf we discover any instance where such a ff ship has been subjected to search at all, <6 143 a much less for deserters, which has never -yet become the subject of Treaties settling Svf she contraband of war.—If the principle 7's be once admitted, it will follow as 28545 natural, consequence that the Americans “pr¬the Danes will possess an EQUAL 12 RIGHT of searching our ships on the to esame pretence, and shall we argue that o fake prevent its exercise by our naval sufuperiority and call this equal justice? 165 In the case of the Swedish convoy, there -Saff was no claim made to visit and search the ship of war, our claim was to search the ships under convoy, The Swedes contended that even the presence of their ship "of war ought to be taken for a security "that the convoy carried: no contraband; what would they then have said, if we "had also insisted on a right to search the "ship of war as well as the convoy? Andall the "learning displayed on this question by the "eminent Civilians, Schlegel and Dr. "Croke, does not even hint at this right as "likely to become a matter of discussion. "Indeed, what can be a more direct in"vasion of the right of sovereignty, ora more "flagrant attack on the honor of an inde pendent nation, than to insist, as a matter of right, upon visiting a ship of war and searching for deserters ? As a matter of right, we can find no acknowledged law, no case, no treaty, that will support such " a demand. And, if we view the conduct "of the British Captain as a matter of pru"dence, we are equally at a loss for argu ments to justify his proceedings At a "time when all the ports of the European "Continent are shut against our commerce, "we do not expect to find one man "hardy enough to assert that it would "be prudent to cause the ports of the "American Continent to be shut against us "also. When our trade on this side the At"lantic is sensibly diminishing, it cannot be "prudent to destroy the opportunity of ex tending it beyond the Atlantic; and yet "this must be the mildest effect of a rupture "with America.Since, then, the pro"ceedings of the British captain can neither be justified by the law of nations nor pal"liated as a prudent exercise of that discre tion which every naval commander must possess, if reparation be not made for the "insult offered to the American flag, it will "be evident that this occasion was purposely embraced to provoke hostilities with "the United States. Had we been treated ** in the same manner, our complaints might " have been louder and more effectual than their's, but they would not the fore have "been more just Wen have primed "these remarks with regret, inasmuch as they may be liable to involve us in a controversy with Mr. Cobbett, and for a moment even to create a disunion between "the avowed friends of Liberty, but Mr. "Cobbett left us no alternative butteither an ignominious connivance at wdrat appeared to us to be nothing less than a most ontrageous slander of the people of Ame"rica, or an exposition of the calimny. Our "consciences, we trust, will never let us compromise our public daty. 66 Now, Gentlemen, though I do not wish to call in question the sincerity of tlds writer, in bis in his expressions of good-will towards me, which that gentleman has been known to use diguise or to discover insincerity, an instance, which, I am satisfied, he would be very much puzzled to produce. In considering this writer's complaint against me, with regard to the dispute with America, I will first notice what relates to the particular case in question, and then trouble you with a few observations as to the general principle, upon which his reasoning proceeds. I must confess, that I cannot see what occa sion there was for his dragging in here my constantly professed friendship for Mr. Windham, and that gentleman's old phrases of "a vigour beyond the law," and of" acquitted felons." Myiriendship for Mr. Windham, Gentlemen (though I am far from certain that he sets any value upon it), is founded in my knowledge, that he is an upright and honourable man; that, in all the many opportunities that he has had, he has never added to his fortune (though very moderate) at the public expence; that, according to my conviction, no man can charge him with ever having been concerned in a job; and that, whether his opinions be right or wrong, he always openly and strongly avows them. As to the two expressions imputed to him, the first arose from a threat, on the opposite side, that the law would be set at defiance; "iftation of any sort. But, if this stipulation "so", said he, "we must have recourse to a vigour beyond the law to enforce obedience to the Jaw". From a writer, who professes so pure an attachment to the love of truth, one might have expected something better than a selection of odious words, making part of a speech, which, taken all together, render those words not only not odious, but perfectly proper. And, as to "acquitted felons"; though Mr. Windham might be wrong in his opinion, that the persous acquitted were felons, will you deny, that guilty men may be sometimes acquitted? Is there no man, can this writer think of no man, which has been tried and acquitted, whom he considers as guilty? Nay, has not this writer asserted in terms as plain as he dared to use (and I wish he had dared to use plainer terms), that guilty men have been tried and acquitted? And, has he not continued to speak of such men as being still as guilty as if they had never been tried at all? Where, then, let me ask him, was his "spi"rit of equal liberty", when he was endea vouring to perpetuate against Mr. Windham a charge of remorseless cruelty for having done no more than what he himself daily does ; namely, represented those as guilty, whom the law has acquitted? He will, doubtless, say, that the cases were different; that those whom he persists in accusing of guilt, though acquitted, were really guilty, whereas the others were perfectly innocent. This is, indeed, the point; and though I should believe him, he would, in order to substantiate his charge of injustice against Mr. Windham, be compelled to show that he thought those innocent, whom he denominated acquitted felons", a task, which, for want of positive evidence, be must begin by giving us some one instance, at least, in As to the particular case, we, Gentlemen, have a treaty of amity and commerce with the Americans, in which treaty we grant them great benefits and indulgences, and, almost the only stipulation in our favour, is, that our ships shall have free entry into their ports and harbours, there to water, victual," and refit (if necessary) without let or moles does not include the liberty of having command over our ships' crews upon such occasions, of what use is it to us? Or, rather, is not the stipulation, in such case, a despicable fraud? To inveigle away any part of our ship's crew, under such circumstances; or, to secret them, or withhold them, from their of ficers, is a gross violation of this article of the treaty; is an act of hostility, the most hos tile act, that the party is able to commit against us; and, therefore, if Capt. Humphreys had proceeded, at once to attack the Chesapeak, without any previous application for the men, he would have done no more than strict justice would have warranted. Suppose that the whole of a ship's crew were, while lying at Norfolk, to run the ship aground, and insist upon keeping her in that situation. Will this writer contend, that we should not have a right to treat it as an act of hostility, if the American people, or government, were to receive these men, and prevent us, no matter by what law, from seizing them? If some of the men may be received and withheld from us, why not the whole; and, why not in one case as well as in another case? So that, at this rate, a treaty of amity would mean, a thing whereby one nation is inveigled into the arms of another, for the purpose of that other doing it all the mischief in its power. This writer chooses to begin with what he calls the insult given to the American flag; he talks about the right of searching American flag-ships for deserters; just as if nothing previous had occurred. If it had suited him to notice, that, by taking the deserters on board, the Americans had committed an act of hostility against us, his conclusion, or, at least, the conclusion of his readers, must have been very different from that which he has drawn.If, in deed, the deserters were not British subjects, but really Americans born; if this was proved to the reasonable satisfaction of our minister in America, or to our commander upon station, that alters the case; but, if that proof was not given, and, it is my decided opinion, that it will appear that it was not given, Admiral Berkeley, in giving orders for the search, and Captain Humphreysers, be once admitted, it will follow, in so manfully executing those orders, deserve the praises of their country. but, why is it so any more than the land? : can see no other reason than this: that, because upon the land, nations are able to prevent their country from being common to all; and, if we are able to prevent this upon the sea, is not our right quite as good as theirs? This writer says, that if the right of searching for desert "rity, and call this equal justice. "No: we "Americans," says this writer, "Frenchmen, and all others, have an equal right "to liberty with Englishmen; and it is as a natural consequence, that the Americans will possess an equal right of searching But, Gentlemen, I contend for the right our ships upon the same pretence;" and of searching for deserters, upon the general" shall we argue, that we have the superio principle, that the seas are the dominion of those who are able to maintain a mastery over all that swims upon them. The waters, within cannon shot, of a coast, are held, by civilians, to belong to those who dwell upon the coast. But, what right have they to the exclusive use and enjoyment of these, any more than we have to the dominion of the whole of the seas, whereon we are able to maintain a superiority of force? -The writer before us, has said a great deal about equity and equal justice and equal liberty. But, with submission, I must express my belief, that he has not taken time, duly to discriminate between the rights and liberties of individuals and the rights and liberties of nations. Individuals enter into a compact, express or tacit, to enjoy each of them such and such rights and liberties; or, rather, they all consent to surrender a part of their liberties; to put their natural rights into a common stock, whence, in well re gulated states, each draws an equal share and enjoys it upon conditions common to all. But, it is impossible, that any such compact should exist amongst nations, who have no common stock of rights or liberties, who have no common government, who have no general head, who acknowledge no sovereign, who appeal to no arbiter but the sword, and with whom conquest confers the best possible right of dominion. But, while this last mentioned right, with respect to the land is regarded as indubitable by all the Dutch and German and French writers upon what is called the law of nations, they all seem to deny, that there can be any rightful dominion upon the waters; except, indeed, as I have before mentioned, as far out from the shore as a cannon ball will reach; which, you will observe,, amounts exactly to this, that they have a right to shoot at us, when eve we go within canhon shot of their shores with out their permission, but that we can by no means oblain any right of dominion in the other waters where they want to go. It is a favourite doctrine, in Ame rica, that the sea is the highway of rations; high time despotism was banished from "the world." With all my heart. But, what has this to do with the right of search, or with dominion upon the seas? I want not to take away any of the liberties of the Americans, I only want to see my country assert her rights of dominion, where she has dominion; and, if this writer will have it to be a question of liberty or of despotism, where has he found a justification for the distinction, which, in imitation of the Morning Chronicle, he makes between American merchantships and American ships of war? Is not liberty violated in the searching of the former as well as in the searching of the latter? Gentlemen, the notions of universal equality, upon which this writer proceeds, are chimerical, and never can be brought into practice, as long as it shall please God to continue the world divided into nations and tongues. They are, too, mischievous as well as chimerical; because they lead to a laxity of feeling towards one's own country, which, upon every account, we are as much bound to prefer before all other countries, as we are bound to prefer our own brethren before all the rest of our countrymen. Guard your hearts; too, I beseech' you," "against abetting the cause of the Americans, 'or any other natich; upon the ground of their be ing friends to liberty; for, be assured, that, if they could destroy the navy of England they would; and, though it is possible that they might love liberty themselves, if they could get it, they would not stir one inch to save us from dungeons and chains; but, On the contrary, when they saw us manacled, would laugh at our folly. This tender feeling, Gentlemen, for the interests and honour of foreign nations, is a feeling of modern date in the English patriot's breast. The motto, which I have taken for this paper, containts the sentiments of one of those, who assisted in overturning the kingly gowernment of England. His were not notions of universal equality amongst nations. The men of that day understood what liberty was, full as well as my friend of the Independent Whig. They were no court sycophants. They spared not their blood in the cause of liberty at home; but, never did it enter into their minds, that all nations were entitled to equal rights upon the seas. They gave up none, no not one, of the rights or the honours of England; but, they restored, re established, and confirmed those rights and honours, which the preceding pusillanimous kings had suffered to wither and decay. There are some other important points, upon which I shall, in my next letter, trouble you with some observations, such, for instance, as the danger, which this writer apprehends, from the closing of the American ports against us, in which he happens most harmoniously to coincide in expression with those whom, I hope, he most despises. The character of the Americans, too, and especially that of their sea-faring people, he has adventurously taken upon him to vindicate. The probable number of our seamen on board of American ships I shall be able to state with a little more accuracy than he has done. In the meanwhile, suffer me to exhort you, not to let your resentment against our calumniators carry you one inch towards an indifference with respest to the fate of our country from without; for, be assured, that if a conqueror were to take possession of it, we should be the principal sufferers, and not they, who would readily enlist in his service, and who would be gladly received, as ready-made instruments in his works of ra-pacity and plunder. FOREIGN OFFICIAL PAPERS. CONTINENTAL WAR. — Eightieth Bul betin of the Grand French Army. I The Emperor of Russia remained three weeks at Tilsitt with the King of Prussia. On receiving advice of thesbattle of Friedland, they both left the place with the utmost haste. h No. I. The General in Chief Benningsen, to his Excellency the Prince Bagrathion. After the torrents of blood which have lately flowed in battles as sanguinary as frequently repeated, I could wish to assuage the evils of this destructive war by proposing an armistice, before we enter into a conflict, into a new war, perhaps still more terrible than the former. I request you, Prince, to make known to the chiefs of the French army this intention on my part, of which the consequence may have effects more salutary, as a general congress has already been proposed, and may prevent a useless effusion of human blood. You will afterwards transmit to me the result of your proceedings, and believe me to be with the most distinguished consideration, your Excellency's most humble and most obedient servantB. BENNINGSEN. No. II. His Excellency the Prince Bagrathion to the General in Chief Benningsen: General,-The General Commander in Chief has addressed to me a letter relative to the orders which his Excellency has received from his Majesty the Emperor, directing me to communicate its contents; I think I cannot better comply with his intentions than by transmitting to you the original. I request you, at the same time, to send me your answer; and accept the assurance of the high consideration with which blam, General, your most humble and most obedient servant,— BAGRATHION noJune 6-18th. 51 svoj svile quibnsexS A Culpenis gun id,bersfire S1st Bulletin of the Grand French Army. Tilsit, June 219 At the affairsat Heilsberg, the Grand Duke of Berg passed along the line of the 3d division of chiraksiers, at the moment when the 6th regiment had just made a charge: ContodiAvary, commander of the regiment, his sabre dyed in blood, said, "Prince, review my regiment, and you will find that there is not a soldier whose sword is not like mine.” ba Col. Borde Soult was wounded Guihenene, Aid-de-Camp to Marshal Lashes was wounded. do que soit et qu yo 15210 117To be continued) PUBLIC PAPERS.. DISPUTE WITH AMERICA, Proclamation by Thomas Jefferson, President of the United States of America. Given at the City of Washington, July 2, 1807. Ďuring the wars which, for some time, have unhappily prevailed among the powers of Europe, the United States of America, firm in their principles of peace, have endeavoured, by justice, by a regular discharge of all their national and social duties, and by every friendly office their situation has admitted, to maintain, with all the bellige rents, their accustomed relations of friendship, hospitality, and commercial intercourse. Taking no part in the questions which animate these powers against each other, nor permitting themselves to entertain a wish but for the restoration of general peace, they have observed with good faith the neutrality they assumed, and they believe that no instance of a departure from its duties can be justly imputed to them by any nation. A free use of their harbours and waters, the means of refitting and of refreshment, of succour to their sick and suffering, have, at all times, and on equal principles, been extended to all, and this too amidst a constant recurrence of acts of insubordination to the laws, of violence to the persons, and of trespasses on the property of our citizens, committed by officers of one of the belligerent parties received among us. In truth these abuses of the laws of hospitality haven with few exceptions, become ha bitual to the commanders of the British farmed vessels hovering on our coasts, and frequenting our harbours. They have been Ithe subject of repeated representations to >their government. Assurances have been given that proper orders should restrain them within the limit of the rights and of the respect due to a friendly nation but those orders and assurances have been without ef-fect no instance of punishment for past wrongs has taken place. At length, a deed, transcending all we have hitherto seen or suffered, brings the public sensibility to a serious crisis, and our forbearance to a necessary pause! A frigate of the United States, trusting to a state of peace, and leaving her -harbour on a distant service, has been surprised and attacked by a British vessel of superior force, one of a squadron then lying in bours waters, and covering the transaction, - and has been disabled from service, with the Toss of a number of men killed and wounded. This enormity, was not only without provocation or justifiable cause, but was committed with the avowed purpose of taking by force, from a ship of war, belong ing to the United States, a part of her crew, and that no circumstance might be wanting to mark its character; it had been previously ascertained, that the seamen demanded were native citizens of the United States. Having effected his purpose, he returned to anchor with his squadron within our jurisdiction. Hospitality, under such circumstances, gear ses to be a duty; and a continuance of it with such uncontrouled abuses, would tend only, by multiplying injuries and irritations; to bring on a rupture between the two par tions. This extreme resort is equally op posed to the interests of both, as it is to as surances of the most friendly dispositions on the part of the British government, in the midst of which this outrage has been com mitted. In this light the subject cannot but present itself to that government, and strengthen the motives to an honourable reparation of the wrong which has been done, and to that effectual controul of its naval commanders, which alone can justify the government of the United States, in the exercise of those hospitalities it is now constrained to discontinue. — In consideration of these circumstances, and of the right of every nation to regulate its own police, to provide for its peace, and for the safety of its citizens, and consequently to refuse the admission of armed vessels into its harbours or waters, either in such numbers or of such descriptious as are inconsistent with these, or with the maintenance of the authority of the laws, I have thought proper, in pursuance, of the authorities specially given by law, to issue this my proclamation, hereby requiring all armed vessels bearing commission under the government of Great Britain, now within the waters or harbours of the United States, immediately and without any delay to depart from the same, and interdicting the entrance of all the said harbours and waters to the said armed vessels, and to all others bearing commissions under the authorityof the British government.And if the said vessels, or any of them, shall fail to depart as aforesaid, or if they, or any others, 40 interdicted, shall hereafter enter the harbours or waters aforesaid, I do, in that case, forbid all intercourse with them, or any of them, their officers or crews, and do prohibit all supplies and aid from being furnished to them or any of them. And I do declare and make known, that if any person from,ber within the jurisdictional limits of the United States, shall afford any aid to any such vessel, contrary to the prohibition contained in this proclamation, either in repairing any such vessel, or in furnishing her, her officers, or crew, with supplies of any kind, or in any manner whatsoever, or if any pilot shall assist in navigating any of the said armed vea |