fore between the English and French, consents to renounce the right of fishing which belongs to him in virtue of the 18th article of the treaty of Utrecht, from Cape Bonavista to Cape St. John, situate on the coast of Newfoundland, in the 50th degree of N. latitude. And his majesty the reciprocally abstain from and avoid fishing in all the places possessed or which shall be possessed by the other party. The subjects of his most christian majesty shall not fish in the harbours, bays, creeks, roads, coasts and places which the United States possess. And in like manner, the subjects, people, and in-king of Great-Britain, consents, on his part, that habitants of the said United States shall not fish in the harbours, bays, creeks, roads, and places, which his most christain majesty now possesses, or shall hereafter possess," &c. If Observer means to draw any inference in his favour, from this article, by analogy, should suppose the least he could do, would be to show that the Grand Bank of Newfound-assigned to them by the treaty of Utrecht." land, came within the words of description here used; that it was either a harbour, bay, creek road, coast or place within the possession of Great-Britain; and I commend his prudence for not attempting to show either. The 10th art. of the same treaty is given in the words following: the fishery assigned, to the subjects of his most John, passing to the north and descending on the christian majesty, beginning at the said Cape St. west coast of Newfoundland, shall extend to the place called Cape Raye, in the lattitude of 47 enjoy the fishery assigned to them by the present degrees 50 minutes. The French fishermen shak article, as they could of right enjoy that which is Art. 5th." As to the fishery in the Gulf of St. Lawrence, the French may continue to carry it on conformably to the 5th article of the treaty of Paris." This 5th article, as we have just seen, excludes the French from fishing within "three leagues of all the coasts of Great-Britain, as "The United States, their citizens and inka-well those of the continent as those of the bitants shall never disturb the subjects of the most islands situate in the Gulf of St. Lawrence.” christian king, in the enjoyment and exercise of the right of fishing on the Banks of Newfound-, The reader is now possessed of all the anland, any more than in the indefinite and exclu-thorities which Mr. Observer has adduced sive enjoyment which belongs to them on that part with so much ceremony, (and they are all,) to of the coasts of that island, designated in the treaty prove to the American people that Great-Briof Utrecht, nor in the right relative to all and cachtain possesses exclusively the strict right to of the islands which belong to his most christian the fisheries on the Grand Bank of New foundmajesty." land, which lies in the sea; and that our only Is it meant, then, to say that by this stipula-eries is "from the grace and favour of our enechance to obtain a participation in those fishtion on the part of the United States, that the French shall enjoy the right of fishing on the Banks of Newfoundland, unmolested, is an implied concession on the part of France, in the face of clear expressions to the contrary, that without such stipulation, she could not enjoy it because it belonged to the United States? He is next so obliging as to inform us that in 1783 a peace was concluded between GreatBritain and France, in which the treaties of 1648, 78, 79, 97, 1713, 14, 17, 18, 38, 48, and 63, were all renewed and confirmed. The 4th and 6th articles of the treaty of 1783 are then quoted at full length, in the words and figures following. my." If the public think with me respecting these authorities, they will see more of learning than of logic, in the parade which it has writer found himself able to go much further been thought fit to make of them. Had the than he has done, and even cited treaties bewhich she had stipulated with them, as she tween Great-Britain and other nations in did in the treaty of peace, with us, that they should continue to enjoy unmolested the right to fish on the Banks of Newfoundland, still I that this proceeded from extreme caution should, with entire confidence have repeated, alone, and was inserted solely, in order to more than a recognition of a right already posavoid disputes in future, and amounted to no sessed. But this idea Mr. Observer has atthe case of a formal stipulation in a treaty be tempted to throw into ridicule, by supposing tween the two nations, that "we should continue to enjoy the right of navigating the ocean and killing whales." I confess I hardly supBut what the 13th article of the treaty of posed that this gentleman was to learn at this Utrecht has to do with a question relating to cases are never allowable as a just test of time of life, that in fair argument, extreme the Banks of Newfoundland, I am wholly at a truth. But, to answer him directly, I take loss to conjecture. It certainly neither men-leave to turn his attention to the very quotations, nor even refers to those banks. The tion he has himself made of the 10th article two following conclude the forinidable list of of the treaty of 1778, between France and the United States. There he will see a stipula"And 5th. His most christian majesty, to pre-tion on the part of the United States, never vent the quarrels which have taken place hereto- to disturb France in the enjoyment and exer-` "Art. 4. His Majesty the King of Great-Britain is maintained in the property of the Island of Newfoundland and the adjacent ISLANDS, as the whole was secured to him by the 15th article of the treaty of Utrecht, excepting the islands of St. Pierre and Miquelon, which are ceded in full property by the present treaty, to his most christian majesty." authorities adduced. 214 to establishing or attempting to establish any legal right to the fisheries by the law of na tions, no such thing is once pretended. It is enough for their purpose that it is a wise policy, and they rely on their dominion on the ocean, safely to secure it: Stat pro ratione voluntas cise of the right of fishery, not only "on the Banks of Newfoundland," but "in the right relative to all and each of the islands which belong to his most christian majesty." Observer may now smile if he is inclined, but every reader will here see an instance of the ex abundanti, carried to a much greater length The above extract is given verbatim, that than in the case before us, in our treaty of the author may have no cause to complain of 1783. Having thus disposed of the numerous ex-misrepresentation, and it clearly now appears, tracts of treaties between various nations, that the whole dispute between us turns upon which Mr. Observer has presented us with, the meaning of a single word. He thinks that well knowing, that with common readers, who the Banks, being a part and parcel of the have not leisure or inclination to examine for coast of Newfoundland, Great-Britain possesthemselves, learned quotations have a won-ses the sole and exclusive right to the fishery derful effect on the mind, and scarcely ever upon them, and that no other nation can “obfail to make them believe, that much has tain any share in it but from her grace and been proved, because much has been quoted, let us now turn to the passage where he has very honestly put the question between us, directly at issue. I fancy a cool and dispassionate examination of this part of his performance, will tend quite as much to lead us to the truth, as his jibes and his jests, or his learned quotations. "The able editor (says he) seems displeased with the merchants of St. Johns. But when he considers that they are our enemies and interested in the question, he may perhaps be disposed to make some allowance for their portion of human frailty. From what he had quoted of this meurorial, it seems to me they believe the existence of Great-Britain, "as a great and independent nation depends upon her dominion on the ocean." And, so believing, they "wish to exclude foreigners from sharing again in the advantages of a fishery from which a large portion of their national defence will be derived." These notions, are not, I believe confined to those merchants. But, I perhaps, not understanding English, am mistaken; and their object may be "to shut us out from fishing on the ocean, by virtue of their dominion on the same." This, which is the construction of the able editor, he considers "an unreasonable, unjust and preposterous claim, to which we, as a nation can never yield." I beheve England never pretended to prevent nations from fishing on the ocean, and would probably agree that the claim if intended so far, is unfounded. But let not the memorialists of St. John's be condemned for what they do not say. If the claim be confined to the Banks I would pray leave to recommend a little serious attention." It seems there is a trifling difference between us as to the meaning of this memorial, which difference Observer, very unaffectedly, attributes to his not understanding English, but which I must still understand, as I did at first. It amounts, in my conception, to neither more nor less than a claim on the part of Great-Britain to the fisheries exclusively, because they say her existence depends on her dominion on the ocean, and because a large portion of their national defence is derived from these fisheries. "Therefore, say they, it would be a wise policy to shut out those nations now leagued in war against us:" But as favour," to which, if so, I also agree; but if the Bank lies in the ocean, he confesses that he himself believes the claim unfounded.— Observer is entitled to the thanks of all who take any interest in this controversy, for coming so directly to the precise point in issue. And I should have been ready to have extended my acknowledgments still further, had he gone on and settled the question he had so pertinently raised, by the exhibition of a little of that philological knowledge, in which he is so celebrated an adept, and showing us what was meant by the word ocean or sea.— His path lay directly before him, and the object of research in full view. He had only to show us what was the true and real meaning of the single word ocean or sea, (for they are perfectly synonimous) and that it did not extend nearer the shore than about one hundred miles, and his work was done. The victory belonged to him and to his clients the merchants of St. John's. Instead of which, he betakes himself to his favourite weapon of ridicule, argumentum ab absurdo, and at last quits the field in triumph, because he has deluged us with a multitude of inapplicable quotations. Considering, however, that the only question before the public, is even according to himself, simply, what are we to understand by the word ocean or sea. I beg permission to tnrn from my eloquent opponent for a few moments, and devote a little attention to discover the meaning of this word, and how it is understood by writers on the law of nations. On this occasion I might avail myself of many learned names from Grotius to Azuni, but I shall take but one, because that one is acknowledged as better authority in the English maritime courts than any other, and because I am sure his opinion will never be disputed by the writer of Observer, himself. "The use of the open sea, (says Vattel,) con"The open sea sists in navigation and fishing." is, in its own nature, not to be possessed; no body being able to settle there so as to binder others from passing. But a nation, powerful at sea may forbid others to fish in and navigate it, declaring that it appropriates its dominion to itself, and that is will destroy the vessels which shall dare may 215 DUTCH CONSTITUTION. Draft of a fundamental law for the government of the Low Countries. CHAP. I. OF THE SOVEREIGN PRINCE. ART. 1. The sovereignty of the Unit "It is manifest that the right of the open sea which consists in navigation and fishing, is innocent aud inexhaustible; that is, he who navigates or fishes in it, does no injury to any one, aud that the sea, in these two respects, is sufficient for all mankind. Now, nature does not give to man a ed Provinces of the Low Countries is and right of appropriating to himself things that be innocently used and that are inexhaustible, remains conferred upon his Royal Highand sufficient for all; since, every one, being ableness William Frederic, Prince of Orange to find in their state of communion, what was Nassau, to be possessed hereditarily by sufficient to supply their wants, to undertake to him and his lawful descendants, conformrender themselves sole masters of them, and excluule all others would be to deprive them, without reaably to the conditions specified in the arson, of the benefits of nature." "In the open ticles which follow. sea, people may sail and fish without the least prejudice to any persons whatever, and without putting any other people in danger: no nation, then, has a right to lay claim to the open sea, or to altribute the use of it to itself to the exclusion of others." "The right of navigating and fishing in the open sea, being then a right common to all men, the nation who attempts to exclude another from that advantage does it an injury, AND GIVES A SUFFICIENT CAUSE OF WAR: nature authorizing a nation to repel an injury: that is, to make use of force against whoever would deprive it of its rights. "We may, moreover, say, that a nation, which, without a title would arrogate to itself an exclusive right to the sea, and support it by force, does an injury to all nations whose common right it vioPates; and all are at liberty to unite against it, in order to repress such an attempt." scendants of the sovereign prince, who 2. They are holden to be lawful deare the issue of a marriage contract, which has received the mutual consent of the sovereign prince, and the states general. right of primogeniture, in such manner 3. The sovereignty is hereditary by that the eldest son of the deceased prince. or the heir male of the eldest son, succeeds by representation. est son, the sovereignty devolves upon 4. In default of an heir male of the eld his brothers, or their heirs, male in like manner by right of primogeniture and of representation. 5. In total default of heirs male, the sovereignty is inherited by daughters, oc their descendants, in the same 'manner as above. vereign prince, William Frederic of Or6. In default of issue of the existing soange Nassau, the sovereignty falls to his sister the Princess Frederica Louisa Wilhelmina of Orange, dowager of the late Charles George Augustus, hereditary prince of Brunswic Lunenburg, or her legitimate this princess also, the right of succession 7. On the failure of legitimate issue of shall pass to the lawful male heir of the Princess Caroline of Orange, sister to the late Prince William V. and widow of the I have done. This article is, I am sensible long, and I fear tedious: I have, however, endeavoured to make it otherwise, but I found it impossible to do any thing like justice to the subject and compress my ideas in a much less compass than I have done. I lament that it was made necessary at this time, to enter at all upon the discussion of our right to participate in the fisheries; but it was forced up-issue born of another marriage contracted on me, and I could not consistently with the by her on the conditions of article 2. principles by which I profess to be governed, avoid meeting it. I could not leave it to be inferred from my silence, that, on a question of importance to the country, the conductor of a public print was to be awed from his duty, by the haughty demeanor of offended pride, or the sneering sarcasms of wit. In the execu- late Prince of Nassau Weilburg, likewise tion of this task, I am unconscious of being by right of primogeniture and representaactuated by any other motive, than a wist to tion. inform the body of the people. and to prevent their being led to adopt erroneous notions der necessary any alteration in the hereconcerning a subject deeply interesting to us ditary succession, the prince sovereign all as a nation; neither do I entertain a sha- has the power of proposing a law on this dow of doubt that the motives of my respected adversary are equally pure and disinterest- subject to the states general. ed as any own; but we happen to differ in opinion, and it is now for the public to decide between us. 8. If particular circumstances shall ren reditary successor on the above condi- to propose a successor to the states gene ral. 10. The states general approving this proposition, the sovereign prince shall make known the nomination of their successor to the people, in the manner in which all other laws are promulgated. prince is under the guardianship of his re lations, members of the sovereign family, and of any distinguished native born persons. This guardianship is established beforehand by his predecessor and the states general. 21. If from unforeseen circumstances 11. If from any unforeseen circum- the arrangement of the guardianship has stances such a successor shall not have not been made beforehand, it shall be probeen named before the decease of any vided by the states general in the manreigning prince, the states general shall ner ordered in the preceding article, ia nominate and proclaim one, and shall pub-concert as much as possible with some of lish it to the people. the nearest relations of the sovereign fa 12. The sovereign prince enjoys an mily. annual revenue of fifteen hundred thousand florins, in the manner regulated by the following articles; and besides there shall be provided and fitted up for him a suitable summer and winter residence. 13. The law may determine that there shall be granted in part discharge of the said annual revenue to the sovereign prince, if he prefer it, in full property, and as patrimonial estate, so much of domains as shall suffice to produce a revenue of 500,000 florins or thereabouts. 14. The remainder of this annual revenue shall be drawn from the usufruct of estates to be hereafter assigned for that purpose, or from the first or least encumbered revenues of the state. 22. On the death of the sovereign prince, the states general assemble without convocation. The members, who, eight days after that of his disease, are at the residence, open the extraordinary assembly. 23. During the minority of the sovereign prince, the right of sovereignty is exercised by a regent. This regent is designated beforehand by the sovereign prince and the states general. The succession to the regency, until the majority of the successor, may be established in the same manner. 24. If from any unforseen circumstances there shall not have been any arrange. ment concerning the regency during the 15. The sovereign prince as well as the life time of the sovereign, it shall be proviprinces and princesses of the house, en-ded by the states general. If there shall joy an exemption from all personal taxes not have been any arrangements made as and direct impositions, with the exception to the succession to the regency, the suc of the land tax. Nevertheless the edi-cessor shall be designated conjointly by fices destined for their use or residence re- the regent and states general. main exempt from all real charges. Nei- 25. These arrangements concerning ther he nor those of his court shall enjoy the regency also take place when the sove any exemption from imposts upon con- reign prince is found not in a condition to sumption. govern by himself. When after strict examination, made by unanimous consent, it shall appear to the council of state, com17. The eldest son of the sovereign posed of the members that ordinarily sit prince is the first subject of his father. in it, and the heads of ministerial departAs hereditary prince he receives the titlements, that this case exists, the council of royal highness. The other princes and convokes the states general to the end princesses of the sovereign family conti- that they may provide for it, as long as nue to bear the title of most serene high- it exists according to the established rules. 16. The sovereign prince organizes his house according to his pleasure. ness. 18. The hereditary prince receives in that quality from the treasury the annual sum of 100,000 florins, reckoning from the day on which he shall attain eighteen years of age. To be continued. *The editor is under the necessity of being absent for two or three weeks. On 19. The sovereign prince attains his his return, his editorial labours will be remajority at the age of eighteen years. sumed with alacrity and continued with 20. In case of minority, the sovereign | perseverance. VOL. II. NEW-YORK, SATURDAY, AUGUST 20, 1814. No. 14. PRINTED AND PUBLISHED, EVERY SATURDAY, 34 CEDAR-STREET, AT FIVE DOLLARS PER ANNUM. TIMES AS THEY WERE-THINGS AS THEY ARE. the ravages of the enemy-that for two years this war was an almost uninterrupted series of disasters and defeats-that from the sea, where alone any honour was gained, nearly all the forces were withdrawn, and the seamen sent to co-operate with the armies in the interior-that money was lavished profusely, and new debts Should we read in any ancient histori-daily contracted, yet so little of it was apan, of a people who had been happy and plied to the purposes of defence, that all prosperous under the government of wise communication by water between the difand virtuous rulers for a succession of ferent points of the coast was cut off by a years, and who had every reason to hope blockade. Should we read this, and be for an increased measure of felicity un further told, that this deluded people still der a continuance of the same system, yet cherished their delusion; still continued influenced by the persuasions of those who to put their trust in those, who had deceivpretended, that if the direction of public ed them, and to refuse it to those they affairs should be confided to them, they had once found faithful; that rejecting would correct many errors, provide the evidence of feeling, they still persistagainst many unseen dangers, and ed in believing that their rulers were doing promote the general welfare to a degree as yet unknown, had at last exalted these men into power, and to gratify them to their hearts' content, had withdrawn all confidence and favour from their former tried servants; should we read further, that no sooner had these patriots taken Yet is this precisely our own case. We possession of their new dignities, and be- had once, rulers who governed us with no gun to guide the ship of state, than she other view than to our good; who knew became the sport of winds and waves, how to temper their intercourse with fo and by repeated shocks, was reduced to a reign nations with a due mixture of dignity state, so crazed and feeble, as to be every and concession; who preserved the namoment in danger of sinking; that under tional honour, and resented insult whertheir management, so far from improving. ever offered, yet avoided the horrible res every thing went on from worse to worse; sort of war; who obtained indemnification that plenty was exchanged for starvation; for our property, when unjustly taken industry for idleness; enterprise and ac-away; who in our domestic concerns pro tivity for disconsolate and benumbing moted the industry of all classes, and enapathy; that finally, the nation was in-couraged the social and political virtues. volved in an expensive war, in which the We were unworthy of them. We gave our only object seemed to be to gain a little confidence to others, who have abused it extension of territory on the internal bor- to our ruin. Yet cannot we be made to der, while the sea coast was left open to perceive our error and to retrace our stepą, every thing for the best, and had more skill and more experience than any other men could pretend to. Should we not consider such a narrative as a mere romantic fiction? Should we not pronounce such infatuation impossible? |