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VOL. II.

NEW-YORK, SATURDAY, JULY 9, 1814.

PRINTED AND PUBLISHED EVERY SATURDAY,

BY BARENT GARDENIER,

NO. 34 CEDAR-STREET;

AT FIVE DOLLARS PER ANNUM.

NO. 8.

as a most excellent, and until it shall be replied to, I shall think, a most conclusive argument.

From the Evening Post.

THE FISHERIES.-Having, sometime since, expressed a general opinion on the

mination then to observe a prudent silence for the present, because I thought it premature to meddie with what would probably never become a point of contro

THE OBSERVER ANSWERED.-In pub-subject of the fisheries, it was my deterlishing the letter of An Observer, in the Examiner No. 6, I discharged a duty which I owed to the respectability and talents of its eloquent and celebrated au-versy between the United States and thor. In doing so, I have incurred some Great Britain, and because I thought it censure, upon the ground, I presume, that might possibly be attended with mischievous effects to agitate the public mind on a the publication of the letter would seem topic, the precise merits of which could to imply, that the opinions expressed in not well be known, until a question should it were also those of the publisher. Now have been made of it between the comFrom this determination, it so happens, that before this publication, missioners. opinious directly contrary to those of the however, I find myself compelled to depart by an article in the last Examiner, Observer, had been inculcated in the edi-signed Observer; a signature which has torial department of this paper; and the deservedly attracted considerable notice. Observer, instead of expressing, or mean- I feel, too, the more inclined to bring foring to express, opinions coinciding with ward once more the subject of the fishe ries, because I find that what little I did my own, was in fact, answering those I say respecting it, has been much misunhad before expressed. We differed then.derstood. And on receiving the Observer's letter, the question was, whether I should allow myself to be answered or not? On this subject, I take permission to say, that if a man, happening to have types and a press, and publishing a paper, shall refuse to publish the sentiments of men, entitled from their integrity and talents to be heard, he will have a good deal of the liberty of the -press for himself, but an exactly equal degree of tyranny for others. And it will be pretty evident to those who have remarked with what a keen sarcasm upon my friend Mr. Coleman and myself, the Observer concludes in the last sentence of his letter, that while I was willing to have my opinions contradicted, I even submitted to the ridicule intended. It has given me no little pleasure to peruse Mr. Coleman's reply. It is now presented to the readers of the Examiner,

By reverting to the memorial of the merchants of St. Johns, it will be seen, that that paper complains of the inconve niences experienced by the British fishermen of Newfoundland, by "the great resort in times of peace of the citizens of the United States to the banks."

"And believing firmly (say the memorialists) that our existence as a great and independent nation, depends upon our dominion on the occun, the wise policy of shutting out those nations now leagued in war against us, from a future participation in so important a

branch of our commerce, can hardly be made a question."

And again

"From the protection afforded to the trade of this island by your excellency, the number of men on the Labrador coast has been doubled, &c. and the absence of their intruders has enabled them to fish unmolested. Your memorialists beg leave to press upon your excellency's serious consideration, the important policy of wholly excluding foreigners from sharing again the advantages of a fishery, from which a large portion of our national defence will be derived."

the part of Great Britain, that we shall continue to enjoy the unmolested right to take fish on the Grand Banks, also in the Gulf of St. Lawrence, and all other places in the sea, &c. Some of our own writers have supposed that our right to the fisheries was acquired by the treaty. By no means. It is true that in 1775, Parliament passed what was called the fishery bill, prohibiting us, as one of its colonies, from taking fish on the Banks of Newfoundland, to which we, as colonics, were compelled to submit; but when we afterwards, in 1777, acquired the rights of sovereignty by the declaration of indepen

From this, it clearly appears, if I understand English, that the object of the memorialists is, not merely to prevent us from drying our fish on the unsettled shores of Labrador, Nova Scotia and Magellan Islands, but wholly to exclude us from any participation in the fisheries on the Banks of Newfoundland, Gulf of St. Lawrence, and all other places in the sea, where we, in common with them, used formerly to fish: in their own words, to shut us out, from fishing on the ocean, by virtue of their "dominion on the same." It was in answer to this unreasonable, unjust, and I will add, preposterous claim, that I said, that we as a nation, could ne-dence, at that moment we became entitled ver yield to it; and that sooner than do to the right to participate in the fishery in so, we ought to wage an open war; in common with Great Britain and the rest which event, I trusted there would be but of the world. The Grand Bank is a space one sentiment in this country, uniting in the ocean extending north and south every heart and every hand in the com- about seven degrees; and east and west, mon cause. I say so still. I abate not about three degrees, and distant from the an iota of my words. But to enable the shores of Newfoundland about 30 degrees. reader to understand more precisely my The right to fish on it, therefore, belongs, meaning, which has been indirectly criti-by the laws of nature and nations, to us, eised, in some of the federal papers, be- in common with Great Britain and cause it has been misunderstood, I beg the rest of the world. The words of the leave to enter a little further into particu-treaty of peace, accordingly, recognize lars. For that purpose I now lay before this right, as one already possessed: "The him the article in the treaty of peace United States shall continue to enjoy," which relates to this subject, and which &c. And we shall never, I fancy, conwill be seen to contain some material dis-sent to resign it, to the baseless pretentinctions very accurately expressed. sions set up in the memorial that Great "Art. 3, It is agreed that the people of the Britain possesses "dominion of the occan." United States shall CONTINUE to enjoy unmo- But although the words, purporting to lested the RIGHT to take fish of every kind on be an agreement that we should "contithe Grand Bank, and on all other Banks of Newfoundland; also in the Gulf of St. Law-nue to enjoy this right," are not words of renee, and at all other places IN THE SEA, grant nor necessary, yet was it thought where the inhabitants of both countries used at any time heretofore to fish; and also that the inhabitants of the United States shall have LIBERTY to take fish of every kind on such part of the COAST of Newfoundland as BRITISH FISHERMEN shall use, (but not to dry or cure the same on THAT island;) and also on the coasts, bays, and creeks, of all other of his Britannic majesty's DOMINIONS IN AMERICA; Putting it however, in another and the and that the American fishermen shall have most favourable light for Great Britain, and liberty to DRY AND CURE FISH in any of the allowing that we acquired the right to fish unsettled bays, harbours, and creeks of Nova on the Grand Bank and the other Banks Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled; but ir asserting that we thereby acquired such by treaty, still I should feel very confident as soon as the same, or either of them, shall be settled, it shall not be lawful for the fisher- a title to it that whenever another treaty men to DRY OR CURE FISH AT SUCH SETTLE- shall be made, between the parties we MENT, without a previous agreement for that shall be perfectly entitled to the restorapurpose with the inhabitants, proprietors or tion of it by the law of postliminium; by possessors of the ground." virtue of which persons and property of every kind, taken by an enemy, was restored to their former state. We should

This article contains two distinct members; the first, an express agreement on

prudent to insert them ex abundanti cautela, to prevent the possibility of disputes respecting it, in future: and our commissioners have always been highly commended by the nation for their wisdom and firm ness in refusing to sign a treaty that did not expressly contain them.

"It

by this law be as much entitled to the the eastern states to this execrable war, our fisheries, as above defined, as we should former privileges may perhaps be renewed, in be to the fort of Niagara. Put it then in favour to them; for as to force it is out of the what light you please, our right is perfect, behoves true hearted Americans to consider, question; and the pretence is ridiculous.” and I therefore repeat my words, the fish-seeing in what hands the power is lodged to obtain a share in the Newfoundland fisheries, make peace, whether we have any chance to except from the grace and favour of our enemy."

ries or no treaty.

The second member of the article is expressed in terms of a very different import.

"The American fishermen shall have liber

ty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova Scotia, Magdalen Islands and Labrador, so long as the same shall remain unsettled," &c.

Had the memorial confined itself to this

With due submission I must differ from that gentleman in the very outset of his essay on this branch of his subject. Iconfess I am yet to learn how the enjoyment

of a "vital interest" to a people is to be indulgence, and prayed that it might not, held at the mere will and pleasure of anregarded in the light of a favour and to be in a future treaty, be renewed, however we other power. He will pardon me if I conmight lament it as a want of liberality; sider his doctrine, as at best more suited and courtesy, we could not complain of it to the cloister than the cabinet. I venas intended injury, and therefore it would not lie with us to resent it. But I now ture, however, to believejthat it has been find that this privilege of drying and cur- part of this article, that a participation in sufficiently made to appear in the former ing fish on the shores of Labrador, &c. is part of this article, that a participation in not essential to our enjoyment of the right which may be renewed or not as an act of the fisheries is not merely a "privilege" to take fish on the Banks. If it was, per-grace and favour" in the enemy; but a haps another question might be raised, and strict legal right, that cannot without inarguments would not be wanting to sup-justice be withheld; which does not deport it with plausibility, whether we should not be entitled to their temporary obtain it or not, but which we cannot re"chance" whether we shall pend upon occupation for such purpose, as an appurtenance. I say perhaps. But did we design without resigning all claims to the character of a free and independent naFive our title to the Banks by a grant from tion. Great Britain, and were this essential to the enjoyment of the grant, I should have no doubt but that we should have a right also to the usufruct of the shores adjacent. However, the fact is that more than three quarters of the fish caught on those Banks are salted on board the fishing vessels, and, in preference brought home to be cured the whole, I presume, might be so. It is important then, that we should not forge the distinctions that have thus presented themselves. We may regret the loss of the indulgence should Great Britain refuse to renew it; and here we must stop; we

can go no farther: But as to the right, that we are authorized by the law of nations

to demand.

We are now prepared to turn to Observer, and shall as briefly as the nature of the subject will permit, examine the opinions he has so authoritatively advanced on this subject.

Alluding to what had been advanced in the Evening Post on this subject, Observer says,

"We read in some federal papers that if Great Britain shall not agree to moderate terms, she will find herself engaged in a diffein particular, that if she does not yield the rent war from what she has hitherto waged, and, fisheries, we shall fight, (adding) Gods how we shall fight; but let this be scanned."

The author is particularly happy in his use of ridicule; it is his favourite weapon, and no man wields it with more success;

but I must crave his pardon if I presume to think that perhaps it might have been

reserved for some more suitable occasion than so serious a one as the grave discussion of a nation's rights. What he means when he speaks of "moderate terms," or what he means by Great Britain's "yielding the fisheries," that is resigning them to us, transcends my humble comprehen“The fisheries, (says he) important to us all, sion. I therefore must stand excused if I wish sincerely, we may not be deprived of do not attempt to answer it.

are a vital interest to our eastern brethren. I

them, and am not without hope, when I con- In pursuit of the above declared purpose sider the firm and honest opposition made into scan the justice and expedience of a

war carried on rather than yield onr claim to the fisheries, Observer says,

show me a case where a nation is heartily united in defence of its unquestionable rights, and I'll show you a case, where, party being no longer known and its voice no longer heard, that nation will inevita bly, in the end, place its affairs in the hands of men, not of this or that sect in politics, but of the best abilities, the most tried virtue and most exalted character.

we have not got and which I admit we cannot at present get sufficiently power ful, to cope with that of Great Britain.

"Let it be supposed that Great Britain should refuse not only to make a peace, but even to hold a treaty with Mr. Madison because of his duplicity and devotion to the fall'en despot." "It would be a sore insult. Those, therefore, who are arming cap a-pie for a windmill conflict, might sally out on such an occasion with no slender chance of adventures. But will federalists embark their lives and forLastly, Observer seems to think it wouldtunes in deadly contest on such ground?" &c. be folly to dispute about the NewfoundWhatever Observer might think of it, I land fisheries, because we can only sucwill venture to say, that should Great ceed in the issue by conquering, NewBritain or any other nation take this atti-foundland by a naval armament; which tude, it would certainly be very extraordinary, and I suspect not all the acknowledged talents of Observer could justify such a step. Whatever Mr. Madison may be, that is a question exclusively between him and this nation, and it never can be endured that any foreign power whatever should intermeddle for a moment in this domestic dispute. But suppose I was to answer no, to his interrogatory, or suppose I were to answer yes, it would, in either case, still rest with Observer to show me what relation his question or my answer has to the fisheries, and a war carried on because they were unjustly withheld."Those federalists (he was pleased to add) an answer, for he has furnished the true who should engage in such a combat, may and proper one to his own objection.excite laughter, but cannot command re- “Should our independence be assailed, Amespect " As I do not know what federal-rica, united, is invincible.” If to deny us the ists the writer alludes to, I shall leave his sarcasm as I find it, harmless and inappli

cable.

Observer is unable to understand how federalists can separate their rights from their present rulers.

"As to force (says he) it is out of the ques tion and the pretence is ridiculous. Should our independence be assailed, America united, is invincible. But foreign conquest is a different affair: And of all conquests; none are so unlikely as those which are to be effected by naval expeditions under the direction of southern lords. Those who declaim, in high style, on what we can do, reckon, I fear, without their host; and when called on for their share of the bill, may lower somewhat of their lofty demeanor."

The writer has saved me the trouble of

enjoyment of unquestionable rights which belongs to us by the laws of nature and of nation, be not to assail our independence, I am wholly at a loas to conceive what would be so. But, even allowing it did not extend thus far, allowing it to be au attack of minor consequence, the nation which entertains a proper sense of its own

Will federalists then, fight for their present rulers? If they do, they will (successful or unsuccessful) be fairly entitled to the bene-honour, will never stand to measure an in

fit of such rulers!"

jury by its magnitude; it is the prniciple What if a nation is openly insulted, (I alone to which it will look, and which it is merely put the supposition to test the prin- bound to resent and resist at all events.— eiple) its acknowledged rights denied, even Should a case, therefore, ever arise, în its territory invaded, is it to be the queswhich it should once be made to appear tion whether resistance will or will not that our unquestionable rights were at enure to the benefit of the rulers for the stake, I cannot entertain a single doubt time being? and is its independence, its that my countrymen would be actuated to existence to depend on the answer that a man by one heart aud one hand, and may be given to this party interrogatory? then I fully accord with Observer, that For myself I am ready to declare that" AMERICA UNITED, IS INVINCI BLE." any people which can thus thank and thus act, show themselves unworthy of a rank among the civilized nations of the earth. But to relieve Observer from all his difficulties on this score, I venture to say, only

AN ORATION, Delivered on Wednesday, June 29, 1814, at the request of a number of citizens of New

York, in celebration of the recent deliverance of Europe from the yoke of military despotism.

BY THE HON. GOUVERNEUR MORRIS, ESQ.

'Tis done. The long agony is over. The Bourbons are restored. France reposes in the arms of her legitimate prince. We may now express our attachment to her consistently with the respect we owe to ourselves. We recall to remembrance that interesting period, when in the fellowship of arms, our souls were mingled at the convivial feast, and our blood on the field of glory. We look, exulting, at the plain of York. There French and American troops contended, in generous strife, who first should reach the goal of victory. There The contest for independence was closed. There was sealed our title to be numbered among the nations.

of power too great if it could promote their felicity. He had been persuaded that his prerogative, useless to him, was oppressive to them. Dangerous error! He had been told, and believed, that in their loyalty he had a perfect defence against the intrigues of turbulent demagogues. Fatal delusion! This just, this merciful prince, was led to execution amid the insulting shouts of a ferocious mob. He was guarded by militia who felt horror at the office. The royal victim, collected in himself, was occupied, during the long proces sion, in beseeching the divine majesty to pardon his rebellious subjects. But the stroke which severed from the body his innocent head cut them off from forgiveness, until they should have expiated the crime by lengthened years of misery.

I

An awful

O! it was a crime against nature and against heaven. A murder most foul and cruel. A Thank God, we can, at length, avow the sen- deed at which fiends might have wept. I fiments of gratitude to that august family, un- was in Paris I saw the gush of sorrow. der whose sway the fleets and armies of France heard the general groan. Every bosom an and Spain were arrayed in defence of Ameri-ticipated the sentence of an avenging God. can liberty. We then hailed Louis the Six-It was like a second fall of man. teenth PROTECTOR OF THE RIGHTS OF MANKIND. We loved him. We deplored his fate. We are unsullied by the embrace of his assassins. Our wishes, our prayers, have acompanied the loyal Spaniards in their struggle; and we blush that Americans were permitted to offer only wishes and prayers.

scene of alliction, guilt, and horror, All were ́ humbled to the dust, save only those who exulted, in screams of diabolic rapture, at their success in driving an assembly over which they tyrannized to this nefarious act.

а

Mark here the guilt to which faction leads. That assembly, in general, consisted of two How interesting, how instructive, the his- parties; those called Girondistes, at their tory of the last five and twenty years. In the head the representatives from Bordeaux, who spring of 1789 the states general of France wished for a federal republic; and the Jacowere convened to ward off impending bank-bins, who concealed, under the loud cry for ruptcy. The derangement of their finances a republic one and indivisible, a design to rewas occasioned by the common artifice of store monarchy. Both of them treated with cheating people into a belief that debts may the imprisoned king. He trusted himself to be safely incurred without imposing taxes. the party of the Gironde. It seemed less Large loans had been made, but no funds pro- criminal than the other, and was more numervided. At the opening of that august assem-ous. From that moment the jacobins doombly, the minister of finance declared it would have been easy to cover the deficit, without calling them together, but the king wished their aid to correct abuses.

ed him to destruction, that they might des-" troy their opponents. Those who assaulted the palace, to tear of that semblance of monarchy which the constituent assembly had left, were now called forth to overawe the faction of the Gironde. The assembly, surrounded by armed men, a majority was frightened into a sentence of death against their innocent captive-a sentence which the intelligent foresaw would involve their own.

And so it did. The inexorable Danton dragged them before his revolutionary tribunal, and poured their blood on the scaffold wet with that of their murdered monarch. Thus, eve

This hazardous experiment terminated, as was foreseen by intelligent observers, in the overthrow of ancient establishments. The States General usurped, under the names of National Assembly, unlimited power, and used it with an equal want of wisdom and justice. They destroyed the rights of property; issued paper money; framed an impracticable system of government, and released their king from a prison to place him on a throne, whose foundation they had undermined, Their succes-ry sors overturned it in less than a year, and again threw the king into prison, whence, in Jess than six months, he was led to the scaf- On the same scaffold, condemned by the fold. same judges, perished, conspiring to place the This virtuous monarch, our friend in the imprisoned son on the throne of a father whom hour of danger,was the victim of his own good-he had laboured to destroy. He believed ness. Ardently desirous to ameliorate the that Louis the Sixteenth had been too much condition of subjects, for whom he felt the disgraced to reign over a proud nation. Comfondness of a father, he thought no sacrifice bining, therefore, the courage of a hero with

circumstance of guilt and shame was combined, in their last moments, to embitter the bitterness of death.

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