Western Sun, Volume 2, Number 6, Vincennes, Knox County, 31 December 1808 — Page 3

communications of their niinifter at Lon clon, as well as in comoinnicattoni occafi

onally wnde on that fubjedl to the Biitilh reprefcutative here. Hut permit me to

itt:, more parucuNrly, how it could have

happened that the principle is characterized as an ancient and rftablilhrd one. I nut

. the queftion the more freely, becaufe it has

never keen denied that the principle, as

allerted by Tour rovernment. was for the

firft tine introduced during the war ol

1756. It is in fact invariably cited and defcribed in all judicial and other offichi

tranlactiont " at the rule ol 1756." It

can have no pretention therefore to the ti

tie ol an ancient rule.

And infteadof being an eftahlilhed rule r principle, it is well known that Great

Urns in is the only natian that has aed

vpon, or otherwife given a fancYion to it.

iNny, it is not even sm-eftahltfiied princi-

pie in the practice ot Great Britain herftlf.

When firft applied in the war of 1756, the

legality ot a neutral trade with enemy's

colonies was not enntefted by it. In cer

tain cafes only of the colonial trade,' the

negation was, that the preemptive cvi

dence ariftng from c ircumftances aginfl the bna fide neutrality of the ownerlhip juftified the condemnation as of enemy's

property. It the rule of condemnation was afterwards, during that war, convert

ed into the pjincsplc now aflerted, it could not poflihly have been in operation in its

new !hpe, more than a very few years

During the fuccecdinej war of 1778, it ts

admitted by every Bricifh authority tha

the principle was never brought into opera

tion. It may be regarded, in fad, as haing bet n lilently abandoned, and within the period of war Gnce its commencement .

in 1793, Ute manner in which the princirl

has been alternately contracted and ex

tended, explained fometimes in one i?a

fometimes in another, relied nw on this foundation, now on that, i no fecret to

thofe who hve attended to in hiftorr and

prorrf in the Britifh orders of council

and trie Hntiih courts of admiralty.

With the exception, therefore, of a ne.

riod, the laft in Modern times from which authentic precedents of maritime law will

be drawn, and throughout which the Uni

ted States more intcrefted in the queftion

than any other nation, having unitorml) comoitrd the innovation, the principle has not m the Britifh tribunals been in oLers-

tion for a longer term than three, four or five yr.r, whilft in no others hns it rrrr

mace its appearance but to receive a detifion protelling againft it. Such i the antiquity and fuch the authority of a principle, the deviations from which are held out as fo many favors con feline; the United States for the wide fpread deliruclion for their legitimate com-Wf-rrr. Wlnt muft br faid as to the other ex ceptifns, whuh ftem to have been viewed

a claims on the gratitude of the United

Sutrs ? 1 it an indulgence to them in

carryn gnn tlirir irade with the whole continrtn ni Kurope, to be Uid under the neceiliry of tr'oing firft to a Britifli port, to arcvp: a Britifli Lieence snd to pay a tribute to tr.e Britifh Exchequer, as if wr ld hen reduced tn the colonial fituation wiii'h once impoied thefe monopolizing rcfti aints ? What a(aiq muft be faid as to the other futures wlmh we fee bleudcrd on the lace ol tS-fe regulations ? If the policy cf the-, h" fubjec"t to an enemy to privations, why are chaun-U opened far a Britifh tradt with thrni which are flmt to a neutral trd ? If in other cafes, the real object br to admit a neutral trade with the enemy, why is it required that neutral veffrli fV. ill perform the ceremony of pflii,t; through a Britifh port, when it c an have no imaginable rffrcl but the known and in rvitaU one of prohibiting the adm:flion of the trade into the p-rt of deftir.atinn ? I will not aflc why a primary article of our production! jni exports, cotton wool, is to be tliHingniOird, in its tranfit, by a hrjvy import not impaled on Ather a'rtir!e, hrrjufe it it fr-irUy avowed in your explanation of thr cdri to be ir.tetirted as an rncouriTient to B-itim mr.uLc-

tu's and t hrck ?d thr rival onr cf F-ani ? I fJPT:refs a!fo, though without tlir fnie rr,f)ii for T1 ri qtiiry, wh'lr Irfi rijrorou r'-ftri!fi'i 4re a :jS-d to t? e trjidr of th- Ba'bi'jr pnwers tii-n are en forced a(iinO fhl of a Miti.n, fj( h as tl.t U. S. tuA in r'Ltiiis .m h s have ex.lird hetwern thrni at d G. B'iti:'. I cannot hovrvrr p witJ-.out netice th: very ni.rr an antab !c iruiuvalion cgu

itained in the two laft f the orderi: In

one of them, a certificate of the local ori-

gin of a cargo, although permitted in the port of departure and required in the ort

of deftination, by regulations purely doloeftic in both, and (tricllv analaeous in

principle to the regulations in the comroer-

ciai code ot U. Is. is made a caufe of captare on the high feas, and of condemtiation in her maritime courts. In the other

order, the fale of a merchant ftip by a belligerent owner to a neutral, although a tranfaclion as legal when fair, as a dealing

in any other article, it condemned bw a

general rule, without an atom of proaf or

ot prelumption, that the transfer tn the

articular caie is iraudalent and the pro perty therefore left in an enemy. In fi.ic fir, the Prcfident fees in the c

diets communicated by you facts aflumed

which did not exift, principles aflerted which never can be admitted: and under

the name of retaliation, meafures tranfeend

inr the limits reconcileable with the faAs

and the principles, as if both were as correct

as they are unfounded. He lees moreover

in the modificetions of this fyftem, regulations violating equally our neutral rights a i a S a a at

end our national tovereigntr. tic per

fuades himfelf therefore that your government will fee in tha iuftice of the obfer-

vations now anade in addition to thofe I

had the honor verbally to ftste to you in the firft inftance, that the United States

ire well warranted m looking far a (needy

revocation of a fyftem which is every day

ingmenting the mats at injury for which he United States have the beft of claims

to redrefs.

I h.ve the honor to be, f!LCt TAMES MADISON.

The hon David M. Erskine. Esq.

W, WC. WC.

THE WESTERN SUN. VINCENNES, Dec em rex 31, 180S.

PROPOSALS BT

GENERAL W. JOHNSTON L. D.

f of Vincennesy I. 7J For publifhing by fubfeription

A viorky to be entitled The Indiana Juftice and ConftableSJguide,' This work fliall embrace a lee-al de-

fertation on the life and progrefs (under tiie laws of England) and prefent refpectivr powers and duty of Juftices of the Peace and Gonftables under the ftatute laws of Indian wit fhall likewife contain all the nccefiary forms for their refpective ofHces and be prefaced with the Conftkution

of thr United States and the ordinance ol

the Terriery.

The utility and eflentialitv of fuch

an undertaking and publication, efpecially

in Indiana, cannot indeed it ought not, for

moment, to he doubted it is therefore

hoped that1 what is generally good, will

oe nocraiiy encouraged."-

CONDITIONS'. 1. It will be comprifed of one volume octavo, of between one hundred and one hundred and fifty pages. 1. It fh.il! be printed on good common paper and ftitched. 3. It will be put to prefs as fcon as four hundred copies are fubferibed for (which amount, it is fuppofed will barely defray the exprnfrs which muft nccefiarilv be inrurrecJ for materials, a copiaft and printing.) 4. It will be delivered to fubfciibcis, in Vincennes at one dollar per copy. 5. The rumbrr rf copies fubferibed for, rrMifl be paid npon the fubferibers beinr

publicly natififd that tht work is reaav for

delive ry. 7 Subfcriptinnt for the above work

will be received by thrfcveralPoft-Mafteri in the Territory, by t th;r Gentlemen to

whom fubfription papers may be forwarded

r d hy others who may frel favorably

difpofed towards the undertaking.

EDITOR.

From the netdijrence of the nnll

rider tve have received no mail

from the Eafhvard this week we

fay negligence ; becaufc he ore

tends, (and J'urcly it nothing more

than pretence) that he could not

crofs White river, altho' report

lays, thaoiome one concerned in

the ftrrylgave him a certificate

that the attempt would be hazarda

ous ; and yet the river has been

conftantly cnaffed and recroired without dange; and fcveral gentlemen left this oVice and nrnr.fprl.

ed to Louifville within a few

hours of the return f the poll-ri

der.

Mr. Poindextcrs WU for reneak

ing that part of the ordinance

which cives the Governor of th-

rerritories the poverof prorojrue-

ing and dcffolvinp: the ceneral af-

asT fembly, was taken up m the Houle

of Kcpreientativcs of the United

States on the lath ultj and indii.

initely poftponed ayejp 57. noes

52. J his vote amounts to are.

'eclion of the bill.

There is no longer any doub

but that tnr. Madifon has been

elefted Prefident of the United

states. General Clinton in all

probability has been reelected to

the vice Prefidency.

IN CHANCERT.

I

ney'i

We have publiihed mr. Pink

letter to mr. Canninc

and this day complete the nubli

a) tion of theanfvver of the latter to

the former we alfo give mr.

Madifons letter to mr. Erfkine,

which contains the moft ample

refutation of the frivolous pre texts upon which England is pro

ceeding in her aggrcflions on our

rights. In our next we lhall give

mr. Camprjells report on the fub

je of our relations with France

and r,ngland ; a paper that ought

to be read and reread oy every

American thefe, together with a few letters of General Ann.

llrong's, in his correfpondence

with the French government, weich give a tolerable correct

view of our fituation in regard to

r ranee and England.

W l ftf

NOTICE. hird Mondiv in March next

all apply t the cmirt of Com-

r.on rifas, ot Kr.oi county Ind.ana 1 er. ntnry toeftiMirh a ferry over White river, from inv land to the op, fite fhore. THOi. I- WITHERS. Dec. 1 It, 1101.

In our laft dates from Wafhing

ton we obferve that a very inter

eRing debate has taken place, in the Senate, on the fubjefl of re

pealing the Embrgo the vote

had not been taken there is

uv7iri in. i UK.aiu in ltjlll( 1 1 1 U the Embargo will not be repealed. In all probability vc (hall be enabled to give the refult of the del)ate inour next. JUST PUBLISHED, And for sale at this Office. A complete revifion of the Laws of the INDIAN 4 TERR I TO lit

V.LANK NOTE BOOKS jj at this Offie.

Kathaniel Weft vs

The Heirs of Will : Mills clet'd.

John Daughtrty

vs

The famf.

William Dougherty

Hie fame.

NOTICE is herebr riven

that in the above three feveral caufe we

(hall nrocrrd t,k. L. ,l-r. ,:. Ar

witnefts read in etidence en trial t the HoLif P.iruenas Beckes iu Vintenues on Saturday the Utn ay of February enfuinr at ne o'clock P. M. N. WEST. JOHN. DOUGHERTY Wlf f . nnTTnuL'DTv

December J6, 1808.

STRAYED

FROM VINCENNES about the 17th

mflant a

BAY HORSE

ubout U hinds hirh, a fmall ftar in hia

roretiea, one hn hind feet white but it is f iot rccolleaed wkich : the faid Hnrfr ; I

fuppofed to be 6 or 7 years oK was bro; J to this place not long iincc froca betweeif here ana the Saline Lick. v

A reafonable rew.r-i will b riven to a-

ny perftn who ff ili ive intelligence of hia.

inquire at this Office Dec. 2st, 1808.

THIRTY DOLLARS REWARD STOP THF THTEF..

w

A6 ltoieii Iroiii tnc iubicriber lir-

2: on Haean creek Dearborn

coMiity on the night of the 39th Octo. her laft. A brirrht forrel horfc, fifteen

and an half hands hhh, a fmall blaze and

mi;, on the nofe, a fear under his foretop

ttccafioned by the kick of a horfe ; one

hinatoot white, and fome white round the

noot ot the other brand; d T. S. on the

near fliouldsr, four ycais old lall fpring -

trots and paces, and when ftolen was (hod all round whoever will fecure the faid

horfe fo that I get him again, flrjll receivo a reward of fifteen dollars, or thirty dollar for horfe and thief; provided the thief it

convicted Any peifon wh can give information of the above horfe will oleafe

direct a letter to mc at Laurenceburgh

I. 1. JOHN LIVINGSTON, lft Ntvember, 1808.

j

NOTICE

S hereby riven that I fhall apply to the

4 W Court of common phas for the County of

Knox at their term ol November now e-

uing, to appoint Commi0iners, agreeably o the reviird adl of the Territory for the

yirtition ofland. to divide the real eflate

of Louis Edelinc dtceafed, between his fe

deral Heirs and Rcprr fentatives, of which

number are Jul'un h. Harriot Hamtramck

to whom 1 am guardian,

WI LLm. HENRY HARRISON.

Oc. 29, 1108.

A few copies of the AK

pulled at the laft icllion for falc at

this office.

Twenty Dollars Reward.

AN away horn the fubferiber on

the 4th day of October lair, a mulat

to man named

A NT HO NT, -bout fiwr f'gt fven or eizht inches

nigh, brndrd R, on each check, he had

jn a blur mixed tjornriaun coal anu pan

taloons of the fme; he is crafty and cunning. VtiOvcr tkrs up fuid frllow and

tcrurrshioj in any pa, and wnl lot ward information to r.ie in Kafhville Tenneffee, fhall receive the above reward, and all reafoniblr tkarges. JACOB GRAY. D-c. Uth, 180S.

J PANTED, BOY between 14 k to years of age as an apprentice to th: printing bu-

(ncls at thii otEcc.

A