The Federal mirror — Concord, N.H., 1795-07-17 00:00:00, page 1

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NEWHAMPSHIRE—PRINTED AND PUBLISHED BY RUSSELL AND DAVIS, AT CONCORD.
VOLUME III.'
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Projeaed TREATY.
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t [Wenow lay before our readers a general view
of the Treat, of Amity, &c. Between the United
: f States and Greatbritain. We pretend not to de
cide on its merits or faults. It is not yet ratified ;
f- „ and of course has not become a law of the land.—
J, The view which succeeds, as will appear by the
': Caption, is taken from a Philadelphia paper,
, ; which has invariably condemned every measure,
great or small, of the Federal Government :—it
ft met) therefore, confidently be said, that all that
colouring could do to make it appear injurious to
the United States, has not been spared.)
, from the AURORA.
MR. BACHE,
I have been daily hoping to fee in the pub-
Ilie prints a copy of the late treaty with Great
p* britain ; but as such a publication has not
been made, I transmit enclosed the heads of
'that instrument, collected from memory, af
h'^ ter an attentive perusal. There necessarily
must be deficiencies in an account of this
K kind, which depends entirely on memory,
and for the fame reason there may be inac-
J curacies, but! trust the latter are few.
A CITIZEN.
I CT^HE preamble states, among other mat-,
1 ter< of mere form, " that without a
reference to the merits of their refpedive
complaints and pretentions," the contrad
^ ting parties are desirous, &c. &c.
Art. r. Provides generally, that there shall
,to' be perpetual friendihip, &c. between the con
, training parties.
Art. 2. Provides for the delivery of the
Wefiern Posts, in June, '96. The United
States may, in the mean time, make fettle
lft ments within their boundaries, as recogniz
, ed by the Treaty of Peace, except within the
jurifdiaion of those posts—Aster the evacu-
I ation, the settlers within that jurifdiaion are
! to make their election of remaining British
b' fubjeas, or becoming American citizens.
Art. 3. Stipulates the terms of trade and
I t intercourse, between Canada and the United
IStates. We may frequent their ports, har
,bors, &c. on the lakes, but not their seaports.
'C They from thence may frequent our Atlantic
rivers not above our highest ports of entry in
teach. We may impose duties on that inter
& course, not higher than duties imposed on
like merchandize, imported in our own ves
sels ; they may impose duties not higher than
[^ thole imposed on mercherdize imported into
the sea ports of Canada, by their own vessels.
The two parties are also to be at liberty fine
ly to navigate the Miflifippi, and frequent
§the ports of either party on the eastern bank,
as freely as the Atlantic ports of the United
, States, and the ports of Greatbritain.
• Art. 4. As it is doubtful whether a line
drawn due Weft from the Lake of the Woods,
according to the treaty of peace, will meet
1.- the source of the Miffifippi, that river is,
jolhtly, to be eximined and surveyed, and if
, the said line cannot be run, the boundary is
to be fettled amicably.'
Art. §. As the treaty of peace leaves some
doubt or the river meant by the St. Croix
4 river, the doubt is to be fettled by three com
-1 miflioners, one appointed by each party, the
I two chufing a third ; but if they capnot a
;gree on a third, then to name each one, and
let chance decide which fall be the third.
Art. 6. Payments of damage, and interest
,on Britifli debts, contrasted before the peace,
I which damages have accrued, owing to cer
ta'° legal impediments framed by some states.
Fra: .The United States to be liable for the pay-
I went pf these, but not of fu ch as would at
any rate have accrued by the insolvency of
the debtor, or by the negligence of the clai
mant. Five commissioners appointed in a
manner similar to the above, are to fix the
sums due upon principles, of equity. Eigh-
[ teen months are fixed for the term for receiv
ing documents in those cases, and 6 months
I more may be allowed beyond this time in
some cases, at the diferetion of the commif-
I fioners. No sums can be ordered to be paid
before the expiration of twelve months after
I the ratifications of the treaty ^ are exchanged.
' These commissioners to meet in Philadelphia.
Art. 7. In such cases, as, from whatever
§ circumstances, indemnification cannot be
lobtained# captures by the British; by the
common course ofjuftice— Five commission
ers, appointed as above, are to fix the fame,
• and the British government becomes anfiber
h%vment# These commissioners
out in Sports. ,
CO NCO RD, FRIDAY, July 17, 1795.
• — ; = • = — -— —-— — — —— : .- — -— — - - — - --— —--
-T7.— ——— - .. =
Art. 8. Relates to the salaries and expens
es of the above commissioners ; their salaries
are to be fixed when the ratifications are ex
changed, and the expenses are left to them
ielves to determine. '. Z
Art. 9. The fubje&s and citizens of the
contrasting parties, (hall hold real estate in
each other's territory, with' the fame advan
tages as the citizens and fubjeds of the ref
pedive states.
Art, 10. It shall not be lawful for one par
ty to ^queftrate or confißate the property in
debts, funds, or banks of the other party, in
case of war.
Art. 11. Provides generally for a free and
reciprocal trade between the two parties, un
der the conditions contained in the articles
that follow.
Art. 12, We may carry our produce to the
British Weftiudies, in vessels not exceeding
70 tons, and bring thence here the produce
of those colonies on the fame terms as the
British can do ; but we are not to export
from the United States, molasses, sugar, co
coa, coffee, or cotton, to any part of the
world. The British cannot be put in a dif
ferent situation than they now are, as to their
intercourse between their colonies, and our
Continent. [Q > This article was to last dur
ing the prtjent war, and /or two fears after ; be
fore the expiration of which term, negotiations
were to be entered into for a further agreement on -
the fubjea of this trade ;—when the question of
neutral bottoms making neutral goods, was to be
considered, and it was to be Jettled what articles
Jbould be considered as contraband, in time of war.
Till then, the contents if some ts the articles fol
lowing, are referred to as a temporary settlement
on those heads. To the above article there was,
it seems much opposition in the Senate ; and the,
Jinalfagreed to recommend to the President to rat
ify the Treaty, on condition that this iztb Article
fauld be suspended ; and aljo recommended that he
Should enter into further' negotiations on the fubjed
of a modification of this article.]'
Art, 13. We are permitted to trade with
the British settlements in the Eartindies, in
such articles as shall not be entirely -prohib
ited, paving the fame duties on exportation
and importation as the British. In the time
of war we pannot export thence, warlike or
naval stores, or rice, without special permis
sion. We can eatery nothing that we export
thence to anycountry but the United States,
where the articles must be duly and faithful
ly landed. We cannot partake of the Indian
carrying trade.
Art. 14. There shall be a reciprocally free
commerce between the United States and the
British dominions in Europe, under the reg
ulations contained in after articles. Mer
chants shall be permitted to build werehoufes
in the refpedive countries, and shall enjoy
full proteaion.
Art. 15. Neither country shall lay on the
vessels of the other, or the merchandize im
ported in them, higher duties than on the
like vessels and merchandize belonging to
other foreign countries. Neither country
shall lay upon the produce, manufactures,
&c. of the other, higher duties than on the
like produce, manufactures, &c. of other
countries. Greatbritain, however, reserves
to herfelf the right of laying on American
bottoms entering her ports inEurope, a ton
nage equal to that laid onrfheir vessels here,
and duties on importations in American bot
toms fufficient to countervail the difference
between the duties laid on European and
Asiatic merchandize imported here in Amer
ican and. British bottoms. The contracting
parties will further treat to attain an exa&
equalization of duties/ laid on one another ;
but in the mean time the tonnage oh British
bottoms shall not be encreafed, nor the dif
ference of duty between importations in
American and British bottoms made great
er.
]Art. 16. Relates tb consuls. They may
be punished in certain cases or difmined.—
Any ports in each country may be exempted,
by the government of that country, from ad>
mitting consuls.
, Art 17. Enemies' property in neutral bot
toms liable to seizure. The vessel contain
ing such property to be released with as lit
tlf detention as poflible:
Art, 18. The following are m-adocontra
band articles ; carrying them to the enemies
of one contracting party hy the other, renders
the vessel so carrying them liable to capture ;
contraband articles, all military implements,
rosin, pitch, tar, timber for ship-building,
copper in ffieetf, fails, temp, cordage, and in
I iron and fir blanks'
rratflrotcramrcMrcmttQtßetQMmmtCTmreat ^
As it is difficult (fay>the article) to deter
mine the cases in which provisions carried to
40 enemy are contraband, to avoid dispute
in these rafes, should such provisions be feiz
ed,the owhm shall be paid for |hem, also
their freight &c. and a reasonable mercantile
profit.
As neutral vessels sometimes make fail for
a port (fays the treaty) with provisions, not
knowing it to be blockaded, such vessels shall
feizert when.firft met with going into
such port, but be notified that it is blockad
ed, and only be seized, in case a second at
tempt be made to enter said port.
Art. 19. Commanders of vessels of war, of
one contracting power, to be punished, and
their estates be liable, if they conduct them
selves improperly, or injure the citizens or
fubje&s of the other. Privateerfmen to give
bond with two fufficient sureties, each in the
penalty of 15001. sterling, for good conduct;
and if their equipage consists of more than
150 men, then in the sum of 30001.
Art. 20. Pirates seized in the ports of ei
ther party to be punished as such, and any
prizes they may have taken, restored to their
lawful owners.
Art. 21. Any citizen or fubjed of one of
the contracting powers accepting a cornmif
fion on board a privateer or a letter of marque
of the enemies of the other to be treated as a
pirate.
Art. 22. Neither party to retaliate for in
juries received, until official complaint be
made, and ffefaftion refufed, or until an
answer to complaint is unreasonably delay
ed. -1
Art, 23. Vessels of war of the contracting
powers to have refuge, and full comfort in
each others' ports. American vessels; also,
in case of stress of weather, may seek an asy
lum in those British ports usually shut against
them, but they there can fell only such part
of their cargoes as will enable them to make
the necessary repairs, &c.
Art. 24. Vessels of wat belonging to the
enemies of one party, cannot aim or fell their
prizes, or tarry in the ports of the other.
Art. 25. The vessels of war of each party
may bring their prizes into the ports of the
other, remain as long as they please, pay no
fee of ingress and egress, nor be questioned
as to their validity, set fail when they please,
&C.
The treaty, this article specifies, is not however
to infringe any public prior treat, with any Sove
reign power. [lf jueb a provifan load not been
express, the fitnation of our foreign relatives would
have nevertbelejs, by the laws of nations, have
been on this footing, as the prior treat? with one
country always takes precedence of an ulterior trea
ty with another.) This article aljo contains the
important flipulation that in future no treaty Jhall
be made by either of the parties inconsistent with
this and the proceeding article.
Art. 26. In case of war between the con
tracting parties, merchants on each fide be
having peaceably shall not be molested. If
fufpeded, a year shall be given them to re
move. The fending of an Ambassador away
for personal mifconduCt. shall r^t interrupt
the harmony between the two countries.
Art. 27. Each country shall restore to the
other, forgers or murderers, who may take
refuge with them.
Art. 28. Makes the ten firft articles per
petual, and limits the remainder to twelve
years, except the 12th, which has a limita
tion of its own. Before the expiration of the
term limited in the i zth article, the parties
shall negociate on terms for its continuance,
-on which, if they should not agree, the 18
,last articles shall exist no longer than the
term limited in the 12th article.
YEASand NAYS
On the great question of ratifying the
Treaty with Greatbritain, in the Senate of
the United States :—
f YEASk
Samuel Livermore, Newhampfhire,
George Cabot, Massachusetts,
Caleb Strong, Massachusetts,
William Bradford, Rhodeifland,
Theodore Foster, Rhodeifland,
Oliver Elsworth, Connecticut,
John, Trumbull, Connecticut,
Elijah Paine, Vermont,
Rufos King, Newyork,
John Rutherford, Newjerfey,'
Frederick Frelinghuyfen, Newjerfey,
James Ross, Pennsylvania, ° 0 ,
William Bingham, Pennsylvania,; ^^^
John Vining, Delaware,
Henry Latimer, Delaware,
Richard Potts, Maryland,!
■ John Henry, Maryland, ^}<;'-:%
[number 143}
Humphey Marshal, Kentucky,
James Read/Southcarolina, -
James Gunn, Georgia.
NAYS.
John Langdon, Newhampfliire, < ,
Moses Robinson, Vermont,
Aaron Burr, Newyork,
Henry Tazewell, Virginia,
George Mason, Virginia,
Alexander Martin, Northcarolina,
IfmoThy ^rdodwofTh, do.
, John Brown, Kentucky,
Pierce Butler; Sourhcarolina,
James Jackson, Georgia.
The following states voted unanimoujl, in its
favour :
Massachusetts, Population, 4,75,327
Rhodeiflanci, 68,825
, Connecticut, 237,940
Newjerfey,l 184,139
Pennfylvanp, 424,273
Delaware, 1 59,094
Maryland, , 319,728
-
Total of population for the treaty, 1,779,432
The following States voted unanimously
against the Ratification :—
Northcarolina, Population, 393,75*
Virginia, 747,610
Total of population against the
P Treaty, 1,141,361
Relative to the Treaty.
Whilst the Treaty was under dijeuffion in the Sen
ate, the following propositions were broug htfor
ward, and refpeaively rffired as fubflitutes to
the rejolution of Ratification, which ultimately
prevailed.•
MR. BURR' sMOTION.
THAT the further consideration of
the Treaty concluded at London, the
19th Nov. 1794, be postponed, and
that it be recommended to the Pfefi
dent of the United State#, to proceed
without delay, to further friendly ne
gociation with bis Britannic Majefy,
in order to effect alterations io the
said Treaty, in the following particu
lars :
That the gtb, 10th, and 24th Ar
ticles, and so much of the 25th as re
lates to the shelter of refuge, to be
given to the armed vessels of States
or Sovereigns at war with either par
ty, be expunged.
2d. Arc. That no privilegeor right
be allowed to the settlers or traders
mentioned in the 2d Article, other
than those which are secured to them
by the Treaty of 1793, and exifti^
laws,
3d. Art. -That the third article be
expunged, or so modified, that the
citizens of the United States may have
the use of all rivers, ports and places,
within the territories of his Britannic
Majesty in North America, in the
fame manner at his fubjeds ma, have
of those of the United States.
6th Art. That the value of the
Negroes and other property, carried
away contrary to.the 7th article of the
treaty of 1783, and the loss and dam
age sustained by the United States, by.
the detention of the posts, be paid for
by the British government ; the a
mount to be appertained by the com- ,
miftioners who may be appointed to
liquidate the claims of the British ere- ;
dirors, ;'' , '
12th Art. That what relates to the
Weftindia trade, and the provisos and
conditions thereof, in the 12th article, ,§
be expunged, or be rendered much
more favorable to the United States,
arid without any restraint on the ex- ^
portation in vessels of the United,
Statet, of lay articles, not the growth,
produce or manufaaure of the fata