pretence of American naturalization, her natural born subjects.*

I have thus stated some of the causes by which it appears to me that America may have been led to endeavour to subvert a principle which all

*A pamphlet has been lately published at Washington, called, " A Treatise on Expatriation." This treatise, which appears to have and to deserve the countenance of Mr. Madison, is a tissue of misunderstanding and misrepresentation -of folly and of falsehood. The writer endea vours to prove that the right of a subject to transfer his allegiance has been recognized by British law, and the misrepresentation of the statute before referred to is the main spring of his argument, as it had been before of Mr. Madison's. I shall not waste time upon the treatise; it is anonymous, and may perhaps be the production of but it is about the kind of pamphlet which in England we should attribute to an attorney's clerk.

*

*

*

One single assertion of this writer, because it applies particularly to the matter in point, and because it gives a good sample of his law and his veracity, I shall quote :--

other civilized nations have recognized, and to contend for a doctrine which would go far to subvert all national society.

I think, however, I may venture to assume, that the law of nature, of reason, of Europe, and of England, will not now be abandoned to these American pretensions, and to hope (as the only means of peace) that the government, or, if not the government, the people, at least, of the United States, are not determined to continue an aggressive war, for the sake of establishing, (not for the advantage of their own citizens, but in favour of the runaways of other nations,) an abstract proposition, false in principle, mischievous in practice, refuted by all writers, and rejected by the unanimous wisdom of all ages and all nations.

2. The general right of search of a neutral ship on the high seas by a belligerent has not, I believe, been distinctly denied by America, though her statesmen have, on several occasions, affected to question it; but, in the particular case of the search of an American vessel for British subjects, the right is, if not absolutely denied, treated as a matter of heavy and intolerable grievance.

It might, perhaps, be enough on this point to "Let us pause," says this treatise," for a mo- say, that if, as I have shown, the law of nations ment, to trace the practical operation of this le- confirms the right of the sovereign over his subgislative principle, (the 13th Geo. II.) by virtueject, the same law implies a right in the sovereign of which naval service makes a foreigner a sub- to search for and to take that subject. If a naject, without any application on his part for that tion has a right, it has a moral power to vindicate purpose. A Danish subject serves on board a that right, and is justifiable in applying its phyBritish trading vessel in time of war for two sical power for the purpose; for it is nousense to years the British government declares war talk of legal rights, from the exercise of wich against Denmark; and the Danish seaman, who one is legally debarred; and, in truth, before has gone home to defend his country, is made a America can with any degree of consistency deny prisoner while he is endeavouring to save Copen- our right to search her ships for our seamen, she hagen from destruction. According to the Bri- must deny our right of search in the abstract; for tish law he is a traitor, and may be condemned to on what score is the search after enemy's properdeath for having taken up arms against his sove-ty to be admitted, if the search after your own reign, by statute George II. This is nuquestion-property be denied? A neutral ship is not to be ably the law of England." (Page 26.)

Now, unquestionably, a fouler falsehood was never advanced. It does so happen, that, at the breaking out of hostilities with Denmark, many seamen of that nation, who had served several years in our ships, both of commerce and war, expressed their reluctance to serve against their native country. What was done? were they flogged for mutiny? were these naturalized citizens condemned to death for high treason? They were all discharged immediately, on their several applications; and, having the advantages of naturalization conferred upon them, many of them entered into the mercantile navies of Great-Bri

tain and her allies.

converted into a mean of strengthening our ene my: is it then to be made a means of weakening us? The belligerent's right of search exists equally in both cases, because the principle, on which the search proceeds, in both cases is the same; namely, self preservation.

Again; if the right of search for contraband of war is not denied, why should the right of search for man,―man, which is, in truth, the highest species of contraband of war, because all other kinds are merely materials for his use, and useful to a belligerent in direct proportion to the number of men which it may have to employ on those materials? Can it be denied that we have a right to search a neutral to detect the conveyance of reinforcements to an enemy's army or fleet ?Certainly not. How then can it be denied that we have a right to search a neutral to detect deserters from our own?

This is the fact with regard to the very case quoted by this writer; but, at the moment that he was writing this falsehood for the purpose of deceiving America, he, or his patron, at least, must have known that many hundreds of persons What is more sacred than the character of the elaiming to be American citizens, most of whom ambassador of a friendly power? but has it ever had served upwards of two years, had been dis-been contended that an ambassador could shelter charged from his majesty's ships at the breaking and convey out of a country, as part of his train, out of the war; it being the principle of British a natural born subject of that country, whe law, that no man ought, under any ci cumstan-should be a deserter from its military service? A ccs, to be forced to serve against his native land. neutral flag, though entitled to no such sanctity There are two ways of bearing false witness, as the ambassadorial character possesses, ought, the suggestio falsi, and the suppressio veri. This I readily admit, be duly respected; but, in order writer is a master of both. to be so, it should not be made a cover for the

powers.

unaways, deserters, and criminals, of belligerent that my future service in the discharge of the duties of the office which I have again undertaken, will be considered with

I also admit that the right of search, (as it must needs subject the neutral to some degree of inconvenience) ought not to he exercised in ca- the same indulgence. Without this, I ses where there can exist no suspicion of illegal should despair of discharging those duties practice on the part of the neutral; and if Ame in a satisfactory manner at this most difrica were in a condition to show that it was im- feult and eventful period. possible that a British subject should be on board an American ship, the exercise of the right of! search would be unjust. if she could even show that such a case was in a high degree improbable, the search should then be exercised with proportionable caution, but this is only a corroboration of the original principle; it is just in propor tion as it is unnecessary, because it is just as far as it is necessary; but the evil being not merely possible or probable, but certain, avowed, and defended, the remedy becomes not merely a right, but a duty; and the inconvenience which the neutral suffers is one to which, knowingly and willingly, he exposes himself an inconve nience to which, as he must expect it, he of course would not subject himself, if he did not find in the practice some compensatory advantage.

But the inconvenience-be it great or small, compensated or not-it is to the neutral but an inconvenience, while the abandonment of the practice might be to the belligerent, and would be to Great Britain, a vital injury. It would have the tendency of unmanning her fleet,-of exposing not her commerce alone, but her territory, to the invasion of her enemy,-and of compromising her very existence as a free and inde

pendent nation.

Nor is Great-Britain alone concerned in upholding this doctrine. What would be, at this hour, the state of Europe if Bonaparte and Mr. Madison had succeeded in their joint efforts to subvert the commercial and maritime power of Great-Britain?

I trust, therefore, that I may be permitted to assume that the right of Great-Britain to search American ships for her natural born subjects, deserters from her service, and her right to take them when found, is fully established on the acknowledged principles of natural and public law; and in this confidence I shall now proceed to Consider of the PRACTICE, and of the amount of the injury sustained by America in the exercise of this right by Great-Britain.

(To be continued.)

VERMONT LEGISLATURE, Ort. 15, 1814. This day, at 12 o'clock, his excellency the governor met both branches of the legislature, and delivered the following SPEECH.

Gentlemen of the Council, and Gentlemen

The true patriot can submit to no sacrifice of truth or principle, to procure his own advancement, or to promote the interests or views of a party. Men may change-and parties may change-but truth, principle and virtue are immutable. It ought therefore, to be our firm determination to pursue the plain path of duty with steadiness and fidelity.

In declaring my undeviating attachmeat to the principles of our wise and excellent system of government, independently of any regard, or blind devotion to those who may have administered it, I am sensible that high sounding professions are not the surest test of sincerity, and shall therefore, only refer you to the general tenor of my conduct for future expectations.

Our foreign relations and defensive Operations being exclusively committed to the management of the general government, excepting in particular cases, in which assistance may be required, our attention is principally confined to the local concerns of the state. And it affords me great pleasure to have it in my power to observe, that the internal quiet security and prosperity of our fellow citizens for the year past, has been unexampled for times like the present.

Justice has been promptly, and, I believe impartially administered, the laws duly respected, and litigation gradually diminishing-the natural and certain consequences of a well placed confidence in an upright and intelligent judiciary. Our fiscal concerns have been conducted with that fidelity and correctness, which were to be expected from the acknowledged talents and integrity of the officer at the head of that department.

Our schools and seminaries of learning, of the House of Representatives. have not suffered that diminution and deThe unsolicited approbation of my pression which might have been expectconduct the year past, considering the ed, excepting, that it has been deemed extreme embarrassments under which advisable, that the operations of one nearentered upon the duties of my office, is est the seat of war should suffer a tempohighly gratifying, and will not fail to rary suspension, that, at a future and more produce renewed exertion to promote the favourable period, they might be renewed, best interest of my fellow citizens. At under better prospects, and with increased the same time it affords the pleasing hope1 vigour and energy,

The economy and correctness with adapt it to the exigencies arising from It would be dewhich that liberal and humane institution, our exposed situation. established for the security and correction | sirable, that the burden should be equalof state criminals, has been conducted, ized, as far as is practicable, that the affords the consoling prospect of its great weight may not rest on those who are usefulness to the community-evinces a least able to bear it. general improvement in the state of society, and probably will afford some revenue to the state.

We have a right to demand from the general government full protection and security. Still it is but too evident from past experience, that much depends on our own exertions. May not this consideration suggest the expediency of adopt

Notwithstanding the corrupting and demoralizing tendency of a state of war, our citizens have enjoyed their civil and religious privileges in an unusual degree.ing some further measures for arming the The distinguished talents, integrity and experience of which your honourable body is composed, will render my duties Jess arduous, and afford a sure pledge to our constituents, that their best interests will be promoted.

militia, and providing field artillery and munitions of war, which may be applica-. ble to sudden emergencies? We have before us the example of many of our sister states for raising a small volunteer corps, which may be relied on, in case of sudMan never appears in a more responden alarm, and serve as a rallying point sible and truly dignified station, than for other and efficient aid. when called to act as a representative of a free, sovereign and independent people. We are selected from our fellow citizens, not for the base and degrading purpose of securing our own promotion, aggrandizing our particular friends, or to favour the views and interests of a party-but to consider the whole community as one common family, and, as faithful guardians of their rights, endeavour to promote the general welfare.

As we are authorized by the constitution to look to the general government for that protection, which our exposed situation may require, it must be perfectly evident, that the militia were only designed to be called in aid of the regular force in particular cases. Those instances, which have occurred during the last year, have been met by our patriotic and brave citizens with a promptitude, spirit and zeal which are highly honourable to themYours is the duty, and on you, gentle-selves, and which render them worthy men, rests the responsibility of selecting the gratitude of their country. proper persons to fill the various offices in To meet a request of General Macomb, this state for the ensuing year-persons, for assistance on the late incursion of the to whom we may safely trust the admi-enemy, which terminated so gloriously nistration of justice in all its important for the American arms, there being no branches, and on whom we must in a portion of the militia detached or call for great measure, depend for the preservation of the peace and internal quiet of the state. It will likewise become your duty, to select a suitable person to represent this state in the senate of the United States from and after the third day of March next.

by the president, in conformity to the laws of the United States, it was considered that a call upon our patriotic citizens for their voluntary services, was the only mode by which efficient and timely aid could possibly be afforded.

The result has been such, as many of In the execution of these important you gentlemen, have witnessed. It fir duties, the most perfect confidence is en- exceeded our reasonable expectation. By tertained, that you will, unbiassed by it the enemy have been taught a useful, local or party considerations, be influ-although mortifying lesson, that the soil enced by a single view to the public good. of freemen will not bear the tread of hosThe great importance of a well orga-tile feet with impunity.

nized militia, in a free state, cannot At the same time, it reflects the highescape the notice of a wise legislature. est honour on the patriotism, spirit and The want of precision and energy in our valour of our fellow citizens, who, withpresent military system, must be apparent out distinction of age, character, or party, to every man who is conversant in mili-were ready to brave the dangers, in its fary affairs and demands a revision to most formidable appearance, for the de

fence of their country. And it would posing an amendment of the same imseem, that it ought to palsy the tongue of port. These papers will be laid before slander; every desirable object being se- you. And should any thing further of im cured, and in a manner the least burden-portance come to my knowledge during some and offensive to the feelings of a the present session, of which you are not free and enlightened people. possessed, it will be made the subject of a special communication.

Much is due to General Strong, and our brave volunteers; and I am requested by the secretary of war, to present them the thanks of the general government, "for their prompt succour and gallant conduct in the late critical state of this frontier."

On the subject of war, in which our country is most unfortunately engaged, I feel disposed, at this critical period, to say as little as may be consistent with duty, But I consider it due to myself, and more especially to my constituents, explicitly I should do injustice to my own feel to state that the events of the war have ings, as well as violence to every correct in no wise altered my opinion of its oriprinciple, were I to refrain from testifying gin, or its progress. I have conscienthe high sense, which I entertain of the tiously and uniformly disapproved of it brilliant achievment of Commodore Mac-as unnecessary, unwise and hopeless in all donough, and his intrepid associates, on Lake Champlain, over a far superior naval force; an achievement, which renders all encomium feeble and inadequate.

its operations. And notwithstanding the few brilliant successes we have met with in our operations of defence, I can see very little in its general complexion, which affords the least consolation.

I should likewise do injustice, if I should neglect to notice, the cool, perse- Many very considerable places on our vering, and brave conduct of Brigadier sea board are now in the possession of the General Alacomb, and his alike brave as-enemy. The capitol of our country, that sociates in arms, in the discomfiture of a greatly superior force of veteran troops, commanded by experienced officers.

These glorious achievments are not surpassed in the records of naval and military warfare. New lustre is added to the national character. But the effects are more immediately experienced by the northern sections of the states of Vermont and New-York.

This late special interference of the Almighty in our behalf, in completely defeating the hostile designs of the enemy on our northern borders, cannot fail, to render it a subject of respectful legislative notice. And, although it may not be in our power to add to the laurels of those gallant commanders, and their brave associates, who, under Providence, were the authors of our protection and safety; yet, we may express our gratitude to heaven, and to them, for so great a deliverance.

proud monument of better times, has been possessed and destroyed by him-a humiliating reflection to every real American. And I consider that we are now suffering the evils, which have, from the mistakes and misconduct of rulers befallen this, as well as most of the nations of the earth.

It therefore becomes us to look calmly and firmly on our dangers, and meet them like men, who are mindful of what they owe to their own characters, and what they owe to their country.

It would have afforded me heartfelt satisfaction to have been able to announce to you the return of peace to an afflicted people. But our reasonable hopes on this subject, not having been realized, and the particular spirit with which the war appears to be persecuted by the enemy, renders defensive measures and operations not only necessary, but righteous and just; in which we may engage with feelings most honourable and praise worthy, and with a firm reliance on the Almighty, who has never forsaken us in the hour of peril.

I have received a letter from the governor of the state of Pennsylvania, which inclosed a resolution of the senate and house of representatives of that state, I shall now, gentlemen, cheerfully proproposing an amendment of the constitu- ceed in the discharge of the duties of the tion of the United States; by which the office assigned me--and in the prosecuterm of senators in congress shall be re- tion of the business of the present session, duced from six to four years. I have re- you may be assured of my cordial co-ope ceived likewise, a letter from the govern-ration in every measure, which has for its our of Tennesee, enclosing a resolution object the promotion of the public goo t. of the general assembly of that state, pro-1 MARTIN CHITTENDEN.

From the Boston Daily Advertiser.

To all who wish for a termination of this unhappy war on terms not dishonourable to our country, and calculated to produce a lasting and durable peace.

tablishing permanent peace, and we shall probably show, that if peace is ever intended with Britain, it can only be preserved by withdrawing all cause of jealousy on the western fron

tier.

These points I do not mean now to discuss, but merely to say, she does not claim the A FREE BUT CANDID DISCUSSION OF THE LATE whole lakes. She leaves them to us for all

NEGOTIATION.-No. II.

valuable purposes, as also all the shores of them we occupied before.

Great-Britain does not demand a surrender of the bank fishery, or any limitation of it. She says, she shall not regrant to us a special privilege, to which we have no pretension by laws of nations or of nature, to fish in her bays, rivers or inlets, or dry our fish on her. shores, unless we give her an equivalent.

1. What Great Britain does not demand. We have seen she does not demand a recognition of her maritime rights. The commissioners on the part of Great Britain said, they were not particularly desirous of discussing the question of impressment. The story, that they required us to abandon it is therefore false, and as all Europe is now at peace, it is useless to stir the question. It is mirch This was a mere treaty right, a mere comto be regretted that our commissioners could pact. We dissolved the compact by war. If not have let the other maritime questions a- a treaty was made to-morrow, without reviving lone. It is very doubtful, whether, if the Ame-expressly the treaty of 1783, we should have rican commissioners had not brought forward, no right whatever to these bay fisheries. To under the general term of blockades, the or- enable us to hold them, she must grant them ders in council, and more than that, blockades anew. We cannot ask her, after voluntarily generally, and the discussion of certain loose, renouncing the beuchit by war, to give us that undefined, neutral and belligerent rights, as privilege, which belongs exclusively to her, well as claims of indemnity for capture before without giving some equivalent. It was not the war and since the war, (pretty alarmning, a very important right to us. It could not unprecedented proposals) if these had not been have endured many years. But whatever was brought forward before the messenger was its value, it was given up by Mr. Madison, and sent to England, it is very doubtful, whether he knew it when he declared an offensive the British government would not have relin-war. quished every thing but the Indian peace and She does not demand our relinquishment of boundary. But they may have thought, if the India and China trade. We mention this they had to go over the whole doctrines of the merely because there were people mad enough orders in council, and encounter all Bona- in England to suggest such a thought, and parte's notions of blockade, and free ships free others weak enough in this country to believe, goods, all which are included in the general it. When they come to a treaty of commerce, terms of neutral and belligerent rights, if the privileges we may enjoy in her East-India moreover, we were to press payment for sei-possessions will be the price she will pay us zures and captures before and since the war, for advantages in her trade with us. If a disthey might as well adhere to their strong position to reciprocity shall prevail, and I am terms. persuaded it will depend on us, whether it does It may perhaps be said, that our commis-or not, the two countries may have a durable sioners did not insist on those topics as ulti-and advantageous peace and treaty of commata, neither did Britain insist on any one, except the Indian peace and boundary; all the rest were merely pressed as topics of discussion, and the settlement of which would give stability to the peace.

merce.

I am almost ashamed to mention another ridiculous report, which, however, had its ef feet, for it will be believed by half the nation, as fully as if it was true, that Great-Britain Great-Britain does not demand any cession demanded we should dismantle our large ships of territory on this side of the lakes, as was of war, and never build any thing larger than formerly reported. She leaves the navigation a frigate. Although such a demand would of them as before. She disclaims most expli- have disgraced England more than us, by recitly the design or the wish to have any terri-presenting her fears of a nation which had but torial acquisitions. How far her professions one 200th part of her naval force, yet, there are at variance with her demands we shall see were many weak persons who were unhappy when we discuss those demands, at which pe-enough to believe it, and to get into a rage at riod we shall also consider how far the requisi- this spectre, begot by malice and falsehood. tion of dismantling our forts and fleets on the lakes is injurious to our honour, and whether they are any proofs, that she treat with us as with "a conquered nation." We shall then have occasion to look into history, and to show that every nation in Europe has in terms made We shall now proceed to see what is destipulations of that mature for the sake of es-manded, and to consider as we proposed in the

I am sorry to mortify the authors of this falsehood, by saying, that the negotiators do not seem to care whether we build seventy-fours or cock boats. It has not as yet become a subject of discussion.