Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1802-05-25 00:00:00, page 2

^tatc Paper,
—4<te+' —
DEFINITIVE TREATY OF
PEACE
Between the French Republic, the King of Spain,
and the Batavian Republic, on the one part,
and His Majesty the King of the United King
dom of Great-Brifain, and Ireland on the other.
THE First Confiil of the French Republic, in
the name of the French nation and His Ma
jeity the King of the United Kingdom, &c. equal
ly animated by a desire to put a flop to the calam
ities of War, have laid the foundations of the peace,
b, the Preliminary Articles Signed at London, the
Ift of O<ft. 1801 ; and as, by the 15th article of the
said Preliminaries, it has been agreed, "that there
fliall be nominated on the one part and the other.
Plenipotentiaries, who shall resort to Amiens, to
draw up the Definitive Treaty, in concert with the
allies of the contrasting parties , tl:e Firfl Con
sul of the French Republic, in the name of the
French Nation, has appointed Citizen Joseph Bo
naparte, Gounfellor of State ; and His Majesty
the King of the United Kingdom of Great Britain
,nd Ireland, the Marquis Cornwallis, Knight
of the most illuftridns Order of the Garter, &c. ';
His Majeity the King of Spain, and the Govern
ment of the Batavian Republic, have appdinted,
for their Plenipotentiaries, Don Joseph Nicho
las d'Alarra, &c. and Roger John Schim-
MELPENninck, &c. and, after having exchanged
in due form, their powers, which are hereafter
stated, have agreed to the following articles :
Art. I. There (hall be peace, amity and a good
understanding between the French Republic, the
King of Spain, his heirs and successors, and the
Batavian Republic, on the one part ; and His Ma
jesty the King of the United Kingdom of Great
Britain and Ireland, his heirs and successors, on the
other part.
The contrasting parties fliall endeavour to
maintain a perfect harmony between them and
their States, without fuffering, on either fide, any
fort of hofthity by land or sea, under any pretence
whatever ; they shall carefully avoid every thing
which may, in future, disturb the union so happi
ly eSlablifhed, and shall afford neither aid nor pro
tection, directly or indirectly, to those who would
prejudice either of them.
11. All the prisoners made on either fide, by
land or by sea, and the hostages taken or given
during the war, and to the present time, shall be
restored, without ransom, in fly weeks at fartheft,
to reckon from the day of the exchange of the ra
tifications of the present Treaty, after paying the
debts contracted during their captivity. Each'
contracting party shall (liquidate) pay, refpedive
ly, the advances made by either of the contracting
parties for the subsistence and maintenance of the
prisoners in the country where they shall have been
detained. There fliall be appointed a special com
mission to establish and regulate the compensation
due either party. The time and place of meeting
of the Commiflioners, charged with the execution
of this article, shall be fixed in concert ; they shall
flate^o account, not only of the expences for the
prisoners, but also for the foreign troops, which,
before being taken, were in the pay of any one of
the parties.
111. His Britannic Majesty restores to the
French Republic and its allies, the King of Spain
and the Batavian Republic, all the pofeffions and
colonies which belonged to them refoeftively. and
which have been occupied or conquered by the
British forces in the course of the present war,
with the exception of the isle of Trinidad, and
the Dutch possessions it the island of Ceylon.
IV. His Catholic Majesty cedes and guarantees
in full poss ffion andfovereignty to His Britannic
MJefty the island of Trinadad.
V. The Batavian Republic cedes and guarran
tees in full possession and sovereignty to His Bri
tannic Majesty, all the possessions and establish
ments in the island of Ceylon, which belonged, be
fore the war, to the Republic of the United Pro
vinces, or to its East-India Company.
VI. The Port of Cape of Good Hope is reflored
in full sovereignty, as before the war, to the Bata
vian Republic.
The vessels. of every description, belonging to the
other contrasting parties, shall have the priviledge
of refitting and purchasing the necessary provisions
as formerly, without paying any other duties than
the Dutch are fubjeft to.
VII. The territories and possessions of Her Most
Faithful Majesty are to remain entire, as they were
before the War ; but the limits of French and Por
tuguese Guyanna are fixed at the river Arawary,
which empties into the ocean above the “ North
Cape," near “ New Isle," and the Isle of Penitence,
in about a degree and a third of north latitude.
These limits fliall follow the course of the river A
rawary, from its mouth, the fartheft from the
Cape, to its fonfee—thence in a strait line drawn
this source to "Rio-Branco" towards the weft.
Therefore, the northern bank of the river Arawa
ry, from its mouth to the source, and the territory
north of the above limits, shall belong in full pof
feflion to the French Republic: The southern bank
of the said river, from the mouth and all the ter
ritory fouth of the said limits, shall belong to Her
Mod Faithful Majesty.—The navigation of the
River Arawary, in its whole course, shall be com
mon to the two nations.
The arrangements which have taken place be
tween the Courts of Madrid and of Lifbon,jdr the
establishment of their frontiers in Europe, Inall be
made according to the stipulations of the treaty of
Badajos.%
Vlll. The territories, pofleffions and rights of
the fubli^^Porte Shall be maintained entire, as
they wert %fore the war.
IX. The Republic of the Seven Isles is acknow
ledged.
X. The Islands of Malta, Gozo, and Comino,
fliall be restored to the Order of St. John of Jeru
salem, to be held by it under the fame conditions
as before the war, and under the following regu
lations.
ift. The Knights of the Order, whose (" lan
gues,”) languages continue to exifl, after the ex
change of the,ratifications of the present Treaty,
are invited to return to Malta, as soon as the ex
change takes place : They will there form a gene
ral Chapter, and proceed to eleft a Grand Mailer,
felefted from among the natives of those nations
who preserve (des langues) the language, unless
they foil have already made choice lince the rati
fication of the preliminaries. It is understood that
an election made since that epoch (hall alone be
coofidered valid, to the exclusion of every other
which may have taken place prior to that epoch.
2d. The government of the French Republic,
and Great Britain, wishing to place the Order and
Island of Malta in a slate of entire independence in
refpett to them, agree, that henceforward neither
9th. The Barbary Powers are excepted from the
two preceding flipulations, until the Contrasting
Parties shall procure a ceflation of boftilities which
fubfifi between the said Barbary States, the Order
of St. John, and those Powers , that possess the lan
guage, or are a component part ot it.
joth. The Order fliall be governed, as well in
its spiritual as temporal capacity, by the fame
laws, which were in force when the Knights quit
ted the Island, as far as they are not deprived of
them by the present treaty.
iith. The regulations contained in feftions 3d,
sth, Bth, and loth, shall become laws and perpet
ual statues of Order in the usual form, and the
Grand Matter, or, if he fhoiild not be in the Island,
when it fliall be reflored to the Order, his repre
sentative, as well as his successors, shall make oath
punctually to observe them.
the French nor Engliffi language shall be fuffered
there, and that no individual of either of these
powers can be admitted into the Order.
3d. There shall be established a Maltese lan
guage, which shall be maintained by the territorial
revenues, and the commercial duties of the Island.
This language fliall be entiiled to the dignities pro
per to it, to benefits (“ traitemeus”) and to a Col
lege ("auberge.") Proofs of nobility shall not be
required for the admiflion of the Knights of the
said language ; they shall be admiflible to all the
offices, and shall enjoy all the privileges with the
Knights of other Orders. The municipal, admin
iftrarive, civil, judicial and otlier offices depen
dant on the government of the Island, fliall be oc
cupied, one half at least, by the inhabitants of
Malta, Gozo and Comino.
4th. The forces of his Britannic Majesty shall e
vacuate the. island and its dependencies in three
months after the exchange of the ratifications, or
sooner, if poffibie, when it fliall be reflored to the
Order in the Rate in which it is found, provided
that the Grand Master, or Comniiffaries fully au
thorized according to the flatutes of the Order, be
in the said island to take possession thereof, and
the troops which are to be furnifhed by His Sici
lian Majesty, as hereafter stipulated, be arrived.
sth. Half of the garrison, at least, fliall be com
posed of native Maltese: The remainder, the Or
der shall have the power of raising among the na
tives of those nations who continue to possess the
language. The Maltese troops shall have Maltese
officers. The command in chief of the garrison,
as well as the nomination of officers, shall belong
to the Grand Master, and he canriot dispense ty
it, even temporarily, but in favor of a Knight, &
cording to the advice of the Order.
6th. The independence of the Islands of Malta,
of Gozo, and of Comiiio, as well as the present
establishment, is placed under the proteaion and
guarantee of France, G. Britain, Austria, Spain,
Russia, and Prussia.
7th. The Order and Island of Malta, with its
dependencies, are declared neutral.
Bth. The Ports of Malta, fliall be open to the
commerce and navigation of all nations, who will
pay there equal and regular duties; these -duties
fliall be applied to the maintainance of the Mal
tese language, as fpecified in the 3d feft —and of
the civil and militia establishments of the Island,
and also of a general Lazaretto, open to all na
tions.
12th. His Sicilian majesty fliall be requeued to
furnifh 2000 men, natives of his dominions, to
serve as a garrison in the different fortreffes of the
said Islands. This force fliall remain there a year,
from the restitution to the knights ; and if, at the
expiration thereof, the Order shall not have levied
a fiifficienc force in the judgment of the guarantee
powers, to serve as garrison to the Island and its
dependencies, as spec fied in fed. sth, th&Neapo
litan troops shall remain there until replaced by a
nother fufficient force.
13th. The different powers designated in feet.
6th, to wit, France, G. Britain, Austria, Spain,
Russia and Prussia, are invited to accede to the pre
sent flipulations.
Art. XI. The French troops fliall evacuate the
Kingdom of Naples and the Roman State ; the
English forces shall evacuate Perto Ferrajo, and,
generally, all the ports and islands which they oc
cupied in the Mediterranean or in the Adriatic
Sea.
XII. The evacuations, cessions, and reflitutions
ftiptilated by the present Treaty, shall go into 0-
peration, as they regard Europe, in the course of
a month, the seas of America and Africa in three
months ; the continent and seas of Asia in fix
months, following the ratification of the present
Definitive Treaty, except in those cases especially
provided to the contrary.
XIII. In all cases of restitution, granted by the
present treaty, the fortifications shall be reflored in
the condition in which they were found at the
moment of signing the preliminaries, and all the
works conftrufted since their being occupied shall
remain untouched.
It is moreover agreed, that in every case of ces
sion stipulated, there mail be allowed to the in
habitants, of whatever condition or nation, a term
of three years, from the ratification of the present
Treaty, to dispose of their property acquired and
possessed, whether before or during' the present
war ; during which period of three years, they
may enjoy freely their religion and their property.
The fame is granted in the countries restored, to
all those, whether inhabitants or not, who shall
have made any ellablifhments during the period
when these countries were poffefled by G. Britain.
As to the inhabitants of places ceded or restored,
it is agreed, that no one shall be persecuted, or
disturbed in his person or property, under any
pretext, on account of his political conduct or o
pinion, or of his attachment to either of the con
trasting parties, or for any other cause, except
debts contrasted with individuals, or for ads pos
terior to the present treaty.
XIV. All sequestration, on one part or the o
ther, laid upon funds or revenues, of whatever
kind they may be, belonging to one of the con
trasting powers, or to its citizens or fnbjeds, mail
be taken eff immediately after the signature of
this Definitive Treaty,
The decision of all claims between the indivi
duals of the refpeCtive nations, for debts, property
effects, or whatever rights, which, conformably to
the eltablifhed usages and to the rights of nations
mould be exhibited at the moment of Peace, mail
be laid before the competent Tribunals, and
prompt and full justice mail be rendered in these
cases in the dominions where the claims shall be
made -
XV. The fifheries upon the coast of Newfound
land and the adjacent Isles, and in the Gulf of St.
Lawrence, are placed upon the fame footing as
before the war.
The French fifhermen of Newfoundland, and
the inhabitants of the Islands of St. Peter and Mi
quelon, mail be allowed to cut the wood necessary
to them in the Bay of fortune, and of Despair,
during the firft year, from the ratification of the
present treaty.
Os the committee appointed "to enquire and report
rnhethpr barflies drawn from the treasury Ca<e
been faithfully applied to the cbjelis for which
they were appropriated, and whether the Jame
have been regularly accounted for ; and to re
port UkewiJe whether any further arrangements
are neceflary to promote economy, enforce adhe
rence to legflative reftridions, and Jecure the
accountability of persons entrufled with public
money,
[Concluded from our la,.]
The sums differs in amount, nominally, from
those contained in the flatement annexed to the
letter of the secretary of the treasury, of the 2d of
March, but the difference is explained, and the ac
tual amount proved to be the fame in the letter,
and statements of the 9th of April.
The flateinents of the accountants, although
they exhibit balances apparently unaccounted tor,
to a large amount, will likewise shew that Ac
counts have been rendered for a considerable por
tion, which are in a train of settlement, but not
finally closed.
XVIII. The branch of the House of Nassau,
which was established in the ci-devant Republic of
the United Provinces,.now the Batavian Republic,
having sustained losses as well in private property
as by the change of the Coiiflitution adopted in
that country, there shall be procured compensation
equivalent to the said losses.
XIX. The Present Definitive Treaty of Peace is
declared common to the Sublime Ottoman Porte,
ally of His Britannic Majesty ; and the Sublime
Porte shall be requeued to tranftnit its accession
thereto as soon as possible.
XX. It is agreed, that the contraßing parties,
uponihe demand by them refpetlively made, or
by their Ministers and Officers, duly authorized to
this effect, shall be held to deliver up to jullice,
perfens accused of the crimes of murder, of forge
ry, or of fraudulent bankruptcy, committed
within the jurifdiftion of the party making the de
mand, provided that it shall not be done unless
the evidence of the crime shall be lb well eflablifii
fd, that the laws of the place, where the accused
person fhall,e difeovered, would authorize his
detention and transmission to justice in case the
crime had been there committed. The expence of
apprehending and transmitting the person to juf
tice, shall be defrayed by those who make the de
mand. It is underflood, that this article does not
regard in any way, the crime of murder, forgery
or fraudulent bankruptcy, committed prior to the
conclusionof this Definitive Treaty.
XXI. The contrasting parties promise to ob
serve with sincerity and good faith alt the articles
of the present Treaty, and they will not Infer
their refpeftive citizens or subjects to aft in con
travention of the fame, directly or indirectly, and
the said contracting parties guarantee to each 0-
ther generally and reciprocally all the Stipulations
of the present Treaty.
XXli. The present Treaty fnall be ratified by
the contracting parties within the space of thirty
days, or sooner, if possible, and the ratifications in
due form exchanged at Paris.
In Faith of which, we, undersigned Plenipoten
tiaries, have Signed with our hands, and by
virtue of onr full powers, refpeftively, the
present Definitive Treaty, and affixed our re
fpeftive seals.
Done at Amiens, March 25, 1802.
(Signed) BONAPARTE. CORNWALLIS,
AZARA, SHIMMELPENNINCK.
The late hour at which the voluminous docu
ments accompanying this report were received by
the committee, (upon the 9th of April) and the la
bour nesefllry to investigate such amass of ac
counts, and of advances unaccounted for, particu
larly in the war and navy departments, embracing
an expenditure of 20 millions of dollars, have ren
dered it impossible for the committee, consistently
with there attention to their other duties, to form
an opinion as to the manner in which this sum has
been expended-—But from the partial view which
they have taken, they beg leave to present some
faffs and principles which they believe to be wor
thy of the notice of congress.
There are two previous requisites which are ne
cessary to juftify the expenditure of public money,
and without which no legal exper ' ; ture can be
made : First, that the expenditure for the objeft to
which it is applied, mould be authorized by law ;
and secondly, that an appropriation fliouid have
been made to cover that authorized expence. In
the war and navy departments, this rule does not
appear to have been ftriftly adhered to in all ca
ses ; but for the reasons above afligned, the com
mittee have been unable to ascertain how far it has
been departed from. The most prominent in
flances which have yet presented themselves, are
herewith stated :
XVI. To prevfit til Subjects of complaint and
contest which may arise from captures which may
be made at sea after the signing of the preliminary
articles, it is mutually agreed, that the veiiels and
effects which fliall have been taken in the Channel,
and in the North Seas, after 12 days from the ex
change of the ratifications of the preliminaries,
fliall be reflored on both sides ; and the term shall
be a month from the Channel and the North Seas,
to the Canary Isles, inclusively, whether in the O
cean or in the Mediterranean ; two months from
the Canary Isles to the Equator ; and five months
in all other parts of the globe, without any farther
exception or diflinftion of time or place.
XVII. The AmbafTadors, Ministers and other
Agents of the contrasting powers, shall respec
tively enjoy in the dates of the said powers, the fame
rank, privileges, prerogatives and immunities,
which agents of the fame class enjoyed before the
war.-
By an aft passed on the twenty-fifth day of Fe
bruary, in the year 1799, an authority was given
to the president of the United States, to cause to
be built, fix ships of war, to be armed with, and
to carry not less than 74 guns each, and to build
or purchase fix sloops of war to be armed 'with j 8
guns each. In part of the necessary expenditures
for these objects, a sum not exceeding one million
of dollars was appropriated by the fame law.
And by another aft passed on the fame day,it was
declared that t\\Q docks fliould be erected in suit
able places, uffler the direction of the president
of the United States, for the convenience of re
pairing the public ships, and the sum of 50,000
dollars was appropriated for that purpose, and by
another att passed on the fame day, the sum of
2c0,000 dollars was appropriated to be laid out in
the pnrehafe of growing or other timber, or of
lands on which timber is growing suitable for the
navy, and to cause the proper measures to be taken
to have the fame preserved for the future nfes of
the navy. Under this authority, only, the then fe
,cretary of the navy expended a sum of 135,846
dollars and ninety two cents, in the purchase of
fix navy yards at Porrfmoutb, Charleftown, (Ms.)
REPORT
Nett York, Pililadeiphia,Cofyert, fr ) and the
City of Washington. For this gxpu.Jnure tie
committee conceive that, no authority was given
by law, nor any appropriation 11 ade'ercepi for
the two docks above mentioned,as the frm of ore
million of dollars was appropriated by ti e att of
1799, for building or purchafi g the °fhips only,
and the sum of 200,000 dollars for thepurchafe of
timber. As public ships of war had been, before,
built under a limilar authority for th&ufe of the
United States, at private yards, and as CongreU
did, at the fame time that they authorized the
building or purchasing the flips, provide tor the
election of two docks only, the committee are of
opinion, that four of the navy yards were purchas
ed without authority, and the money misapplied
which was paid for them.
In the war department there likewise a pears
to have been a tranfattion equally unauthorised#
In the year a pile of buildings was commen
ced under the directions of the then secretary of
war, on the banks of the Schuylkill near the city
of Philadelphia, which have since been carried on
in a manner highly expensive. These buildings
hare been called a Laboratory, and although yet in
an unfimfhed Ihte have already cost the United
States dolls. 152,60 b 5, which sum has been paid
out of tie appropriations heretofore made for the
quarter mailer's department. The committee are
of opinion that this expenditure of money could
not be juflified at any time, but more particularly
ata moment when tlie United States were borrow
ing money at a high rate of interest to meet ob
je&s which the legjflature considered as necessary,
and had fanCtioned by law.
The committee beg leaveJikewife to refer to
an important principle formerly fettled by the ex
executive, and actually praCtifed upon in the war
department, in relation to the expenditure of
public money, which they deem improper in a
government like ours, where taxes cannot be im
pufed but by public consent, and where monies, a
rising from those taxes cannot be disbursed but up
on the authority of a law previously puffed by the
representatives of the nation. By an aR passed on
the ninth of February in th year 1793, "' e Frefi.
dent is directed to cause the monies drawn from
the treafiiry, for the purpose of intercourse with
foreign nations, to be fettled, by carfiug the fame
to Le accounted for fpecifically in all cafeswherein
the expenditures thereof may, in his judgment, be
made public ; and by making a certificate or cer
tificates, or causing the fe<retary of Date to make
a certificate or certificates of the amount of such
expenditure, as he may think it advifeable not to
fpecif- ; ai d such certificates are to be taken as
fufficient vouchers for the funis exprefled to have
been experced. The policy of this law the com
mittte co not intend to question, but it is clear
that it extents only to cases of compensation for
v.hat are uluady termed “Jecret Jtrzices” that
may be rendered to the United States in their in
tercoiirfe with foreign nations. The feftion above
lecited has been ingrafted into two laws passed it>
the refpeQive years of 1798 and 1800, but in everr
law on the fubjeft, it has been expressly confined
to foreign intercourse, and in the att of 1800 is
farther limited to the contingent expenses only of
foreign intercourse. It has' not, therefore, been
without considerable hirprize that the committee
have seen the fame principle applied to the expen
ditures of the war department.
In the inftruaions given by the Secretary of
war to the accountant of the war department, in
his letter of the 28th of Dec. 1797, herewith re
ported and marked L, a rule is positively laid
oown, that expenditures tor secret ferviees ren
dered in relation to the duties of the war depart
ment, are to be admitted. And on the soth day
of Decr. in the year 1799, the here tary of the trea
sury made a report on this fobjeft to the Piefident
of the U. S. (subjoined and marked M) in u hich the
principle is again recognized as applicable to the
departments of State, war, & Navy. On the subse
quent day the President accordingly signed two
certificates as vouchers for monies said to have
been expended in relation to the duties of the war
department, which certificates are annexed to this
report, and are marked IS and 0. The corcmit
tet entertain no doubt as to the illegality of this
measure, as it is authorifed by no law w hatfoever,
and they had flattered themselves that the federal
(orernnent required no services of any nature
v hich ought to be concealed from the officers of
the treasury, or from the legislature. They cpn
fider these facts as coming properly under the
head 01 Expenditures, not authorifed by law.
Two other caies of exceptionable expenditure
in the war department, have been fufficiently ex
ammd to warrant a report upon them. The
firtl relates to an appointment conferred by the
late President on Urah Tracey, Esq. in the sum
mer of the year j&iq, while he was a member of
the fen'ate ot the United States :—The second re
lates to a payment made from the contingent fund
of the war department to Mr. Ariana French of
Georgetown, id the month of July, ißco : neither
cl these are very extensive in amount, but both
deemed important for the precedents they may
hereafter furnish.
It appears, from a document herewith exhibi
ted and marked P, that Mr. Tracy was appointed
" to visit and examine into the a&ua) slate of the
garrisons, Indian trading hotifes, faauries, &c. in
the N. W. Territory, on the Miff.ffippi and on the
frontiers of Tenneflee and Georgia,” and that Mr.
Tracy received for this service the font of one thou
fend nine hundred and eighty fire dollars and five
cents ; (even hundred and fifty-three dollars and
five cents being for travelling and other incidental
expences, and twelve hundred and thirty-two dol
lars for his compensation, from the sixteenth of
June to the sixteenth of November, in the year
one t^nfand eight honored, at eight dollars per
da,' From the account exhibited by Mr. Tracy
for his expenfes± it will be seen that during these
five months he vifred Pittfburg, Frefque Isle, Nia
gary, Detroit and Mchillimachenack, but did not
fulfil the other objects of his mission.
The committee cannot forbear to remark, that
Mr. Tracy's acceptance of this appointment has
the appearance at leaf! of incenfillericy with that
part of the conflituti< n which provides that “ no
person holding an office under the United States
ffiall be a member of either hcufe of congress."
Mr. Tracy was at the time of receiving the ap
pointment, during the whole of its continuance,
and has ever since been a member of the senate of
the United States ; and from an infpeßion of the
pay roll of the senate, the committee find that for
the last seventeen days of the five months of Ins
service, under the above appointment, he not on
ly has his expenses borne by the public to a con
siderable amount, and received likewise eight dol
lars per day but that he at the fame time received
as a member of the senate, fix dollars per day for
travelling from Litchfield, in Connecticut, to the
feat of government 3 diflance of three hundred
gnd forty four miles—twenty miles being allowed
for travelling one dav.
James M Henry, Lfq. former secretary of war,