The gazette — Portland, Me., 1798-07-02 00:00:00, page 2

ej to ntm »a. mm Ml iwcltfT ■» VVMMI 'Hi"
a tli p «4 «mt wH*i* e<>»”''pi»<■.' ’I i’f a pm,
Bt.d alibi to the p. jk n;leI", it wmildl t<l>§<ij4fe»
ha; pea that * ft* p of w«r l*©€ Ur *f« »• try
liteii ot weather, or flic danger ot the k*.
would wi(b to continue ia port longer hmtlc
time would unavoidably be coKimed in alieer
ta;nng the fa ft of her hav ng made .t price;
but it mull often happen that a pti/c now ei
eluded from the ports ot the I'nited States,
would find fhelter in them if the literal conduc
tion of the treaty lhould be adopted.
Til’s txpofuion given by the United States to
this article was made known, in 1793. France
has never fignified a vrtfb that the literal con
ftruction throughout ftiould be purfued. This
ilrcngrhens the opinion entertained bythe under
signed, that the rule cn this lubjed, To early
eftablilhed by the American government, is
considered by the Republic as more favorable to
its intercils, than a rule conforming entirely to
the letter of that article.
3dly. The government of the United States
has ordered the arrell of a '* National Corvette*
anchored at the port of Philadelphia, and the
arreflation has been extended to the Capta n
Commandant.”
The underfigned beg leave to ftate the cafe
which is the foundnion cf this compbint. In
the ftatement i.felf they Hull wi l be found a
complete judificution of the condud cf the Uni
ted States.
The Cafirus, under the name of “ les Ju
mcaux” was fitted and armed for a veficl of
war in the pott of Philadelphia, in violation of
the law of the United States. In December,
1794, having efcaped from the port to de
ficenJ the river, orders were given to the militia
of the flatc of Delaware to intercept her. The
attempt was made and failed ; the crew of les
Jumeaux, which was unexpectedly found to
be very numerous refilled the officers who went
on board, manned their cannon and brought
them to bear ®n the Cutter in which the militia
about £<>rty in number, were emb irked. Their
force being inadequate to the enterprze, they re
tired wi h an intention to return the next day
with a reinforcement. They did fo, but les Ju
mcaux had failed & gone to fea. The agent,
Mr. Guenent, by whom les Jumeaux hid been
fifted out, was tried at the Circuit Court, in
Philadelphia convicted of the offence, and receiv
ed fen ence of fine acd imprifonment.
Les Jumeaux proceeded to St. Domingo,
Samuel Davis a citizen of the United States,
there took the command of her, with a com
million from the French government. Davis
probably failed from Philadelphia in les J j
meaux tor the purpofe of finally taking the com
mar.d of her. Her name was now thangeJ
to “ le CalLus” and on a cruze fhe took a
fchooner called the William Lindlav, belonging
to Meffirs. Vark and KetlanJ of Philadelphia.
Mr. Ketland having parchafed an intereft in
her after her failing. The fchooner and her
cargo were condemned as prize at St. D >mingo.
In Auguft, 179y captain Davies, commanding
ihefcaffius, came with her to Philadelphia.. She
was immediately known. Mr. Yard, w ith a
view of obtaining an indemnification for the
lofs of the f hooner and her c.irgo, li
belled the Caflius in the diilr ft c urt, and
caufed the capt. to be arrefted. Soon after the
fuprtme court bring in lemon capt. Davies’s
counfel applied for and obtained a prohibition
to the diflrift court, to flop its proceedings, by
which the fuits both ag linft him and le Cadius,
were defeated. The proh-biti n was granted
on this principle, that the trial of prizes taken
without the jurifdiftion of the United States,
and carried to places within the jurifdiftion of
France for adjudication, by French veflels, and
all queflions incidental to it, belong exclulively
to the French tribunals; and confequentlv that
its velTels of war and their officer:, are not liabh
to procefs of our ccutts, predicated upon fuel)
capture and fubfequent proceeding within tht
jurifdiftion of the French government
Mrffrs. Yard and Kctland having failed to
obtain indemnification in this mode, procured
new procefs, on the information of Mr. Ketland,
to be vdiied from the circuit court, by which le
Cafirus was attached as a velfel armed and
equipped as a (hip of war, m the port of Phila
delphia, with intent to cruife and commit hof
tilities againfl nations with whom the Uni ed
States were at peace, in violation of the aft of
Congrefs, prohibiting fuch armament. Mr.
Adct complained that the procefs was taken out
ot the circuit court ; becaufe, as he a!le Jged, it
had no jurifdiftion, and that it weuid be attend
ed with delay ; that court fitting but twice a
year ; whereas the diflrift court mwhich it was
rlaid the profecution, if at all permitted, fbould
rhave been commenced, was always open. Gen
tlemen ot legal knowledge were confultcd on
the point of jurifdiftion in this cafe, and they
were decided in their opinion, that the circuit
court had juiifdiftion, an<l cxclufively ot the
diflrift court. The government of the United
Srates had no part in originating this profecu
j tion, and th« diflrift attorney in behalf of the
«
f
. *4fllKft I' i*-#* t ■# 4# HIP' - *f»%w nwfi.4
fllti* * *f " '' 1 M I# 'Mi
''MRMMtV ill ". 'i * 1 *f ' .till «f Im i Ilf il I
A* vm tin*t *r 4r 14 flit p»r • »r*i m par** |
«f C**ii’W fmffrtU w "i Mt*if» *
C«lttd, tilt WidMPfltP1.*J Mil Hft"t4 *r If 'Will I
tr flit w*1* deitvte cliif'jfft hT*"«f re made
Oil tit'v M* bcr'tg '»cinpt*J k»f ton.
Yotit jptJfreCit in otirn. n h'» le'ter to Mr.
Monroe rt the 19th Vent fe 4'h year (9th
March 1 •«/) com hint 14. that the chtih
grant ng to French co^luU the rtght uf judging
cxclulirelf m di|ptU< t between Frenchmen. it
become il!utor>, for the want t»t law* giv ng
them the means of having their dectiiont exe
cuted.
2ndly. The ri^ht of cau:ng mariner* who
deleft to be auefted, is rendered intffeflual, bc
caufe the judges charged by the laws with iflti
in ' the mandates of arrell have lately required
the prefentation of the original roll of the crew,
in contempt ot the 5th art cle admittidg in the
tribunals of both powers, copies certified by the
Conful. (continued)
\f]'he rejidue of this maflerly paper is unavoidably
omitted this day. It is to be regretted that the
limits of the Gazette cuill not admit an entire dif
p/ay of fo much oof done, and national equity. A
fuficicnc), however, is here given, to cont a*i3 the
faljhoods of Ta lie) rand. ]
a=g= arjKuc:_■_i-jj-lljlj
Federalifm of a State !
Add refs cf the Lcgijlature of Maffjchu
fdts,
To the P ref dent cf the United States.
SIR,
THE Legiflature of Miffachufetts, ever
anxious and long habituated to take an early
and decided part in whatever relates to the
fafety and welfare of their country, beg leave to
join the united voice of your fellow citizens, in
offering you a tcllimony of their refpeft and
confidence.
As a n?tive citizen of our Commonwealth,
and as the Supreme Executive of the Govern
ment of our deliberate choice, we feel for you
thofe fentiments of pttachment and veneration,
which the reoTc&ion of your long, diftinguifh
cd, and fuccrfsful fervices are calculated to ex
cite ;—and if the meafures of a wife and virtu
cus adniinidraiion, fuch as we believe your’j to
have been, can receive aid or fan&ion from our
mod decided and unequivocal approbation, out
duty in expreffmg it will be dilcharged w;th in
ert *<ed fdtisfaflion.
t i ; with a mixture of indignation and regret,
.at vre learn the (late of our negociattons with
the Trench republic. From a careful review
of our relations with France, and of the unre
mitting eff rts of the national government, to
prtferve and perpetuate her friendlhip, we miglrt
readily have be itved that there could be no
cribs in the progrefs of her political career, in
which our tranquillity could have been dulurb
ed* But amidll the collifion of parties, France
has lull the object of her revolution. She once
faught for 1 berty—(he now contends for do
minion ; and having declared by the voice of
her Executive, that “ fhe ought to become the
model and arbiter of nations,” has violated the
rights of every neutral people, anJ proflrated
the gover: menrs of mod cf the republics of
Europe.
onouia any lurtnrr atrcmps, ether to control
the government, or labjogate the people of the
Uni'eJ States, be the refult of her inordinate
rimbition* the citizens of Maffachufctts will meet
them w.:h the fiim and determined fpirit of
reemen ; and as they have been among the
t’j} te defend, uill be the hfl to ref.gn the rights
of national fovereignty.
In this all important conflict, we expeft the
ready and zealous co-operation of the free and
enlightened people of America : and our coun
! try* having adopted every reasonable meafure
to avert the calamities of war, may, with hum
ble confidence, rely upon the God of our Fathers,
for protection and fuccef®.
A people, by whom the bleflings of chi! and
religious liberty ar_* enjoyed and duly apprecia
ted, wid never Surrender them but with their
lives. We will never forget that our charter
to t/ii Liberty, is fealed by the blood of Ameri
cans 1 And we pledge to yoa the patriotifm and
all the energies clour condiments, that it (hall
never be violated by the facrilegious h ind of
foreign power. We alii) mod folcmnly pledge
ourfelves, to fupport every meafure, which the
government of the United States, at this mo
mentuous period may fee fit to adopt, to protect
the Commerce, and pnTerve the Independence
of our country.
Cimn-m~v-alth §f M.ifaibuftts \June 7, I 798.
Read and accepted by both Houle*, and ordered,
That the foregoing Adlrtfs be h;ned by t> c Prefidrnt of
the Senate and the Speaker of the Houi'c of Rcprefenta
tives, and forwarded by tlirm to the Senators and Rep
resentatives of this Commonwealth in Congref*, wi*h a
requed tUat they prefent the fame to the Pre.deat of the
United States /
**» *#. 'Kii»iiFW*iiii0l flUkf..."» ip mt ..
'!!!"■ ■11 fit* «nw l<
fib* Hrf r«t * ftan '"'4 *f IKt *■*"« §*■>• ••
mr AMiltat SMI m ■ it * *.** *
»ri a vi*l < **••■»» win.l!,» **• •*'" *
a re'f acfyaMflfMKV1 *■» ev«ff |Mft “*
hat Sum. If With tour #pf*rt»»ii*c*,Apr*ft*«f
mo i*e* lor ob erfJt *n. an I ctpeMcfc Vu
c m p?orsoJi»ce nif Icr*>ce* 1 itecc:»t »* *'* * *d
nidi Viu<* VTI join, ■ >d the P ople ot ut rt
oth T Sute* coal i concur with j a «■'» that
opnou, mr rcwirJ wosildbc complete anJ mf
:n< ll ar 'ent wifb-ri p-*ti6eJ.
It the object of France, in her reunion,
ever was liberty, it was a liberty veiy ifdeiheJ
and n.ver undcrllood. She no*' amis d »
minion inch as never has be tore prevailed in
Europe. It with the principles, in.nims and
fyftem* of her prefent leaders, the is to be ime
the moJel and arb t-' ot nations, the liberies of
the wf.r.d will be in danger- Nevertheless, the
citizens of Maifachufetts, vho were tint to ih
fend, will be amo ;g the lad io reiign the righ’s
of our national foveie gnty.
You have great real on to erpei% in this a!
important conflifl, the ready and zealous co
operation of the free and enlightened people <1
America, and with humble confidence to rely
on ihe Gcd cf our Fathers for p.oteft.on anci
fuccefs.
.... < , r ,, . . 1 _ 1 _ l.
Willi you i imiy <% p
whom the bletTings of civil and religious liher y
are enjoyed, and dury appreciated, will never
lurrender them but with their lives.—The pat
riotism and the energies of your conftituen.s,
united with thofe of the people of the other
States, are a fure pledge, that the charter of
your civil and religious liberties, fealed by the
blood of Americans, will never be violated by
the Sacrilegious hand of foreign power.
The folemn pledge of yourfelves to fupport
every mealurc which the government of the
United States, at this momentuous per.od, may
fee fit to adopt to protedt the Commerce ani
preferve the Independence of our country, mud
afford an important encouragement to the na
tional government, and contribute greatly to the
union of the people throughout all the Stitcs.
JOHN ADAMS.
Philadelphia June 15, 1798.
Late and Interefting !
IN CONGRESS, June 21.
Message from the President.
QenlUmr1 of the Senate, and
Gentlemen of the Htuft of Rrprrfr'talivcs,
«* WHILE l congratulate ycu on the arrival of Grn.
Marlhall one of our late envoys extraordinary to the
French Republic,at a place offafety, where he i* juftly
held in honor, 1 think it my duty to communicate to
you a letter received by him from Mr Gerry, the only
one of the three who has not received :on^» This letter
together with another from the miniftcr of foreign rela
tions to him, of the 3d of April, and his anfwer of the
4th, will ll.cw the fituation in which he remains, in
intention* and profpe&s
*■ 1 prtfuine that before this time he ha* received frefh
in&m&ion* (a copy of which accompanies this melTaj’c)
to confent to no loan, and therefore the ntgociation
may be confidercd a* at an end
*• I will never lend another minifler to France, with
out affurauces that he will be received, refpeiitcd an I
honored, a* the Rcptefcnt. tive ol a Great, tree, Pow
erful anil Independent Nation.
JOHN HD AMS.
Lm'eJ States, fune Ilf, 179^*’
Paris, 16th April, r 798.
Afy r>'3r St ,
’ll_
_CL
... _
t .11 i v-s. a »iu i vv.v.1 j — • j v ‘i 1
Gen. MatthaU, who carries with him the laid letter of
Mr. Talleyrand, to the American envoy*, and their an
fwer. On the day when he lent the anfwer, 1 received
a letterfrom the miniOcr, a copy of which, and my
anfwer is iuclofed. I have not feat thefe to the Secre
tary of State, becaufe I have not time to prepare a ht er
i.o accompany them. Indeed, I expected my pailport
with my colleagues ; but am informed the dir ectory
will not content to my leaving France : and to bring
on an immediate rupture, by adopting (hi. mealure
contrarv to their withes, would he, in my iniid, unwar
rantable—Tbt object of Mr. Talleyrand, you will per
ccivc, was to refume our reciprocal communications, and
again to difeufs the fuhjcct of a loan. 1 thought it heft
in my anfwer not merely t<» objedt to this, but to evciv
mcafure that could have a tendency to draw me into a
negotiation.
I accepted of thi* million, my d-ar Sir, to fupoort
your adminildratio-i, and I have brought mvfclr into a
predicament,* which you mull afhll me to extricatcmy
l'eif, by appointing fame others to lupply the places <>f
my ft If and colleagues, if a further progrefs in this b.ili
nef* fhould be found practicable
I have < n!y a moment to add my belt rei'pects 'o vot.r
lady, and my aflurances of the moft fuicerc and respect
ful attachment, my dear Sir, of your'a fincerclv
The Prefidcnt cf thc"£ E. GLRRY.
United States. y
• I allude to mypai.iful rtJUcnce h re, as a /a'iti.al tvplc’.
TRAtilLAT I ON S.
Paris, 14 Germinal, 6th year of the French
Republic, one and indivibble ( W April, 1 79$ )
Tit M\*ijler of Foreign Relations to l\fr (Jury, Envoy F.x
traordiuary f the United Statu of Amen a, to the French
Republic.
I fuppnfe, Sir, that MolTYv Pincknrv and Marfball
have the * it ufcful and proper, iuconfequencc oftlie
intuna given in the end of my note on the jHth
Ventf ..and the obftacles which their known 1 pin
ions interpuicd to the detired reconciliation, to
'll Ik Ink ^
[ at • r*t» d PC •'
cflptiixt »h> h
•'in.* i.Ik u «* m PtaK «■ up,
f «j| i It# g^tny •
I'tttv iKrp n • op
y • r t» v tip*' p * «t • prur* tp
nt a h«»t m them mi tip*
p »* mg NBpaMMlp 'fa»
4ii «nf«cr to that part ol it wfo* ll rt'pe:<** a letter «f
tite cuDtlad tor ill vcilel, m which U **l h* 'a.t«
mav take pallije for the IV «i tatn, to d*'trm.«
whether he fhall embark from trance r (imibrttM;
>ut die unfortunate fiiuatiofi of Oc.t. P>nckoey wah
rcip; *fi. to the arnica! tta e of hit dan ht*r'» hea th r n
Jtr* it u tciljr impotable foi bin to depart under caifl
tnjj circuruflance*.
You have propofed, citizen m .lU'er, the Jth or ytb
of th » Decade for me to relume (rrprende) our reop.
roca! coinn unications up n the intercIt* of the Fre th
re public and the United State* The .re prucal c< m«
mumca.ions, which we had, were fuch only ai I haarc
alluded to in the beginning of this fetter, unlef* your
prupoQrions accompanied with an injun-iiion of fecrecy;
for me to treat feparately, is confidtred inthislight.—
l o refume tbi* fubjedt will be unavailing, bccaufc the
meafure, :or the rcafon* which l t en urged, i* utterly
impraiflicabic. I can only then renfer inform ably and
unaccredited on any fubjecl rtfpecling our million and
communicate to the government of the United State*
the re fait of fuch conference*, being in mv individual
capacity unauthorized to give them an official ftamp.
Neverthelef* every meafure in my power, and in coz>
form ry with the duy l owe my country fhail be zeal
oufly p. rfued to reflore harmony and a cordial friend
fhip b'-'ween the two republics. I had the honor of
calling on you laft evening for the purpofc of m king
thi* communication verbally, hut as you were abient,
to prevent mifeonceptions I have thought it to re
duce it to writing.
Accept, I pray you, citizen minifler, the alfurance* of
my perfcifl eltecm and relpect.
E. GERRY;
To the Mincer of Farr^n Affair* »/the French R'bukltc.
Tj Charles Catffwrth Pinckney. J hn Marjball, and f.!'-ridge
Gerry, Eftr> Envoyi F.xtr ordinary atu£ Aliaijiers P. impo
tent ary from tbc L'kited States */ America, to the frtnib re
public.
CENTLRMEJJ,
On the 4th in ft ant, came to hand your firft difpatcH
rs, fmee your arrival at Paris ; thefe were your num
bers, i, 4 and 5—-sad on the 6th inft. your numbers %
and 3 were received. On the 5th. your number 5. dated
the 8:h of January, and a transition of the mcUage of
January 4th from the DireClory to the Council of Five
Handled, were laid before Congrcfs Ir. this letter you
“ repeat, that there exifts no hope of your being offi
cially received by tha'government, or that the objeCt*
of your miJBoa will be in any way accom lilhed ’ -«-»
T his opinion is functioned by the whole tenor ot your
communications.- and we cruft that foon after the date
of you number 5, you clof. d ycur million by demanding
pallports to leave the territories of the French republic
An official copy of your letters of credence havi g
been delivered to the Mmiftcr of Foreign affairs, and by'
him laid before the DircCtury. they were fufficiently in
formed of the great objeCh of your million ; and con
ferring that you were an hxtraordinary Delegation
from an independent nation, you had a right to expeCt
a prompt and refpcCtful attention. The fair and hon
orable views of the American government, which dicta
ted your appointment and your powers, entitled you
to expect the early appointment of a enmmiffion by the
French government, with equal powers, to negociate on
all the matters in controvcrfy between them; Had the
French government been influenced by fimilar views,
the object* of your million would Iqng finre have been
acronipiithed, to the advantage and peace of both na
tions But, in Head of cc ming forward on fuch equal
and proper ground, they have treated you, aud through,
v iu your country, with extreme neglect.
Under thd’c ctrcumftam.ts, tl;e Prefident prefutnc*
that you have long fmee qui ted Paris and the French
dominions ; vet actuated as you were with an ardent
dtiire to preferve peace, which you know would be f<s
gra rful t<> your country ; and having for this objeCh
manifefVed unexampled patience, and fibrnitted lo a fe
rics of mortifications ; as you alfo propofed to make one
more ilircist attempt, lu^frquent to the date your laft
Icter, to draw the French government to an open nego
tiation—there is a bare polfibitity that this 1 ft effort
mav hive lucctcded ,— Flic Prefident thcicfere think*
proper to direct .•
* » ii.ii »» ait iu ircw^y wi«n prnons nuiY au»
tliorilcd hy the Directory, on th r fubjeift-. of your mif*
'ion, then you arc to remain and expedite the comple
lion of the trcity, it it lhould not have been concluded.
B- fore thi* letter grts to hand you will h..ve afccrtaincd
whether the negociatiim i or is not conduced with
candor on the part of the French government; and if
voti ft.ail have dilcove red a clear defign to prncraftmate,
you are to break o(F the negotiation, demand your paiT
ports, andrci.ru For you will co ifider that fufpente
is ruinous to the cfTentia! imeiefts of your country.
a. That if%>n the receipt of thi* letter you fhall net
h ive been received, or. whether received or nor. if you
dull not he in treaty with perfons duly autho ifed by
the Directory,with lull and equal power*, voa arc to
demand your pa (Tport a and return.
3 In no event :s a treaty to be purchased with money
b v loan nr o her wile. There can be no laftty in t
ire i y h> obtained. A loan to the republic would via.
late our neutrality ; and a douceur to the rren nmv in
power, nu^ht by ihmr fuccellbrs be urged as a reufo'j
tor annulling the treaty,,,r as a precedent fur further
and rrpe ate t deiuands
It is proper to apprize you that a mot on has beer*
made in t,':c Senate, and will doubt left be repeated in
the I lode of Reprefentati vc«, to defirc the Ihrucr.t to
lay before them your communications ; and be will pro
bably be under the nreeftity of doing it ; on v with
holding the two name* which you p um fed fnou d in
no event lie made public. I have tlic honor to be with
great refpect gclitleincn, v >ur ob't. ferv’t.
‘ TlMOl'ilY PICKETING,
Dtpartmerl nf St lit,
rbHaJrlpL.a, Alai:t 23d, 179*.