The enquirer — Richmond, Va., 1810-01-02 00:00:00, page 1

*• . .
Vol. 6.] RICHMOND, TUESDAY, JANUARY 2, 1810. [No. 7 2.
gjjajma'—m.s. ■ ■■■.■juia’ - f. ■■■■ jsc.sxigjwKj;.
U 7” Published by Thomas Ritchie, ttctrrly op
posite the Globe Tavern, Richmond, Virginia.
(Ed* CO Ni) mO PS :—Rive dollars a year, to
he paid annually in advance. Those who wish to
be considere t at mnunl subscribers, must hereafter
designate it at t.<e time of subscribing, otherwise
their p ihcrs will be discontinued at the expiration
of the first year No paper can be stopped until
all arrearages have been paid off —Good accep
tances, in Richmond only, will be received in pay
• aiit nt The same rule as. to dd rertisements.
FOR SALE AT THIS OFFICE:
The 5tl» Volume of the En^uiiibk, cunipteat,
bound in boards.
VIRC’NTIA DEBATES, in the Convention,
bound in calf, sheep and boards.
BURR’S TRIAL, £>r Treason mid fora Mis
demeanor, in boards—liy D. Robertson.
Le rte s on the Subject of TIIE CATHO
• I.ICS—liy Peter Plymley—from the 11th Loudon
Edition.
BLANKS, for Lawyers, Clerhs, Sheriff?, Con
stables, Merchants, ire. which will also !>•■»
printed according to any form exhibited, sit lire
shortest notice.
THIS DAY IS PUBLISHED,
A New Theory,
or
T/irDIURATAL POTATIO.Y OP TIIE
EARTH:
Demonstrated upon Mathematical Principles,
from the properties of ihts Cycloid and the £pi
CyClcid •
WITH
AM APPLICATION Of V 'I K THEORY,
To tin? cTplaiviti' o of the acinus Phenomena of !
the W'm-ls, Tides and of those Stony and Me- |
tallic coioweliim-; which luve fniien from Hea- I
Veil upon the mu face of the Earth.
Pay JOIIjY WOOD,
Author of III 'men! s of Pcrsfrc'ive, firiti
ted in l.or Ion, in V!9'J.
December 14-.
|_? Y request «>t Air Kobt rt I inner, we ah ill j
JLJ sell at public auction on the 8th January en- '
suing, at 11 o'clock a m. on the premise*, for the !
benefit of the r nice riled : That really hean'ifil
ar.il tritlv desit able situation, ft! iNS?'IELD_- j
situated about one mil from the Cap tol an.l ad-'|
joining the farm of Edmund Randolph, Esq— •
There are about six acres of Lund, a comforts- .
ble Dwelling House, with all other out houses, |
for the complete accommodation of a genteel fa- |
inily. The high, airy, and commanding pr>vpe t i
of this Farm renders it equal, if not gre ttly su
perior to any in the vicinity of the City of Rich
mond, and it is now in a very high state of im
provement and productive of much profit to the
proprietor. Also, :.t ihe same time, that large
and valuable MEADOW iinmediat- iy below the
said Mansfi dd Farm, containing about 15 acres, j
v-ry well set with grass, and ields abundant
civ js ; there v. us cut from it the last season fully !
4J.UJ0 wt of fine luv Terms of sale will bo .
made known on the day of sale.
EROSSEP & MONCURE, Aac'rs. i
Mansfield Farm, as well as tier Meadow, are ;
Very handsomely and substantially enclosed.
JF. U M. :
December 30. td*
Y virtue of the la*t will and tesiAm-.:;v •». Rt»- j
J bert Means, dcc’d. will hr sold ?o the nigh* |
est bidder, on Wed.i sday, the 3rd day of Jhuiu.t- 1
rv nest, ii fair, <*i.hor\vi.->.s the next J.tiii 'lay, tiie ;
Land and PLANTATION belonging to the 1
• *id Robert Means, der.’d. in the upper end of !
Henrico county, containing, according to ii;e
deed:., tine In.ndre,. and seventy-three, acres, & ■
lyi. g t nlhe Tiiree-n*Lcli»d road, andinta mile and i
a half aeove the short P.irnp. T.iere are, o , (’•- i
premises, it wo story lweliing-ho ue.’Is.ivL g two ;
rooms helow, with a passage, and two above, a I
grainerv, stable, kitchen, and an orchard of up. j
pie aiul pcndi trees. Th>- ‘ I he sold ac« |
cording to thedi *-ds, and the a.
at the dwell..ig house. Thu terms wif; be, u;u
half of tiie purchase money it* tie r aid at. u,« end
ofiwclve moths, and the other at (ho end of two :
yrufs, from tiie day of the sale; The purchaser '
to give !>-.)'itl and approved security, witii a dee«l j
of tru t uj n tiie property, to secure payment ot i
tiie purcii •> : money.
DANIEL CALL,
Executor qf t\r 7 suanent at: ' Will of j
EOEJ.PT MEANS, Dic'd i
November 24. t U I
J -f-N b'h.LAllS KEW AKl)— For app-c-!
. ^ her.diog ai d se^ur-ng m any J»d within!
t'";. Slate*, sc» that ( get him again, a negro man }
named D.v.nt—who eloped from me, on the; J8 ii
instant <.ii ir.y way to Nntches, near the forks of
I'toanojk—iie is about 11 • i r t y five years <»f..ge, of
middle Maine, dark oomph x • much pitted
with sin -ll-pox :.;id remarkably selixiLIc, with a
vciv <• . nd.tii. * r.ieu.tenance—hi*i apparel is not
vecwllc .led i; is probable lie will atleoipl to get
hack to Kirin on.! .t’ain, cr elre pass for a ti.c;
man. The above ro'.vurd ani all legal vxpe.i-*. s
will l-.f paid c.o a; jdieaiion in Mr XVilliacn Mun
lord or >*r. I)..w.!s«n Jliudiule, living ,-i ti ecity
hj il l < > IJ' r-. d.
Wm. liYRI). .
pu'Miibef .^O. 4t
f US l received, a large and handsome ws-ort
*' **’• ’in. oi b, 111 Straw HONSK'i'S, Trimmings
a.id Unu.suiij—1* or s.ite wholes* le nnd retail, by
JACOB LYON, |
Sign cf the Plough.
December "0. j.t
\T ALU \ M LL PROPERTY FOR SALK — .
• Io ..ursii ince ».i .« decree ot the Cir*' ii* !
.Courtof t;.r United Staten, in the Virginia t;w. i
tr.sV. |.meed ot the last itsCMpi. >. tliat court, j
Jii the
h L» • i’Mi'.t:,,.*, i.g tioM Y'ioohs >* I). « and '
0 -b nd mrs, aid lit>tw(:i>n Rerih* Sr. ■ plui 1
»' s'•> •• n, plsiiitirti-j, M'.dllu; i < noci-'fftu !-mts s I
XV ill b»- . \i/ d s;,L, Mt and ion, at C..«rs, in ;
1 .. .
$ ■ ' 1 r*.hi ibl« Mft tCH AN I*
^ ’**L oMudly e.dh.d tii-.; C.iira ••Tobaeco 1
XV ... i.. hi m-, i'..vera, yul other Lot* of Ground!
j., l . it ;.. r —/vl • -, a*1 i*ie I.an ;a a; or nt* it* On •
ira, item . ;|.i».r ot 20? ) iicrir au-.l iipw/ir ls) <
w- 1 -•» 1 " l to Janm a Dt'.utc, Tli.imii» ’ j
D run; l: I ran* is B Deane c>r to v’,dvr ef them, |
*•*' *-.e doll d.»y of Marc, i, l ..,1Tu. mr •* ;
» de—i on pe • eve lit on the amount of the pur j
a uric ; 1 i be pa. . ui cadi ; a e.redd of is'.rrtm. I
icid <_e years li,r u*e residue of the parch.• •
ir.ei , ic, hear mtereat from the day of sale, ■
the p rttliaxer or purchaser-* giving bonds with I
*
missioner*, or the on* t *at may i.«d, tout also ex- '
coiituig .* deed of trust it; on tii : f»r .pent so I
purchased, for -.eeun'ty d,e payment iliercof f i
the period* aforex hr.
Previous to the day c f sale the Land will be ,
dividud > o ct.iivc . i'litlv? i to suit pidclMsers.
L .'i.A.ND, / Commit*(
V • . i.LAhlb, ^ o.ki j.
• ’ ♦ v ep'.d*
THE Subscribers intend commencing the
Hope-Making Business. They wish tu
purchase or hire ten good Spinners ; th**v arc
also in want of 8 or 10 Labourers, for which a
liberal hire will be given.
WHITE Sc SHELTON.
December 30. 5t
Amos alley ,atthe h k tv-to rk s hoe
STORE, respectfully informs the Ladies
of Richmond, that he has just received a hand
some assortment of Ladies Morocco BOOTES,
CORK SOl.ES, See. Uc.—.Uso, some tea co
lored Morocco SHOES of the newest fashion ;
likewise, Gentlemen’s Fine Shoes and Morsceo
Pumps, and a general assortment of other kinds,
New York Manufacture.
December 20. 2w
PIIILADELPllIA BEER—A few barrels
Philadelphia Beer just received, for sale by
D- J. BURR.
\\T ANTED to attend in a store, a Young Man
' ' who can be well recommended for steadi
ness and industry, and has some knowledge of
accounts.
December 30. tf
COU0i*C£$.
FROM THE NATIONAL INTELLIGENCER.
HOUSE OF REPRESENTATIVES.
DEBATE
o.v tur yo'xr nusoLurioN
sf/ifiroving ihc conduce of the Executive in
relation to the refusal to receive any fur
ther communication from Francis James
Jackson.
Tuesday, Dec. J9.
In committee of the whole, Mr. Basset
in the chair—
(Mr. Dana's speech concluded. )
Where some temporary stipulation is con.
lemplated or some particular affair not
deemed of primary importance is to be ar
ranged by agreement; if there be a minister
already residing with the foreign govern
ment, there is not always the s: me formali
ty wi'h respect to the distinct authority gi
ven to the minister. In such case, a patent
of full power is not made out in ample form ;
but the proper officer of state dispatches a
letter of instruction giving .t 1.-• distinct au
thority necessary for the proposed negocia
tion. Yet, whether the minister under..d;es
to negocinte in virtue of a technical full pow
er, or in virtue of a letter of instruction, it
is proper to exhibit his distinct authority be
fore signing any arrangement of stipulations,
intended to be mutually obligatory on the
respective governments. He may fairly, and
with perfect propriety, be called upon to
exhibit such authority in cases where the
terms are to be expressly reserved for the
ratification of his own government. But if
the terms of engagement are to he deemed
obligatory and acted upon accordingly, as
soon as signed by the negociators ar.d no
ratifica'ion .s reserved, it is more pecu
lia.dt proper for the negotiating minister
to exii’b:; -.he rjficiai evidence of his autho
rity to enter into stipulations. If he dees n:>t
exhibit the evidence, it becomes the incum
bent duty of the* other negociating party to
call for it be fire the conclusion of any such
■ e\nis of engagement, or to refuse to con
t'iudc ‘-he trims until the evidence is exhi
I■ ted cifli d\ and the authority ascertain
ed to be sufficient. In this case, if the dis
tinct authority be not offered or called tor
A • '-'' I rdequate, there is a mistake and
if Cc ii-.j a failure in duty mi the part of the
administration in concluding the engage
ment; unless indeed the transaction may
have been understood at the time as not
warranted b. regular authority, but expect
ed to bn confirmed ns an acceptable pro
ic.ct. I express myself in these terms, wish
ii. , mmuiy uecomus in manner anu
believing ihe general principle co rect.
When an administration enters into engage
ments or stipulations with a foreign minis
i; r, to be immediately executed without
i. iy reservation, it is incumbent on the ad
ministration to require the official exhibiti
on of tl.o distinct authority of the minister
lor m iking the stipulations; and if the
term?, be concluded by signature and delivr
17 before tiie authority iias been exhibited
and ascertained to lie adequate, there is a
mistake and of course a failure in duty on
the pat .of tl.e administration.
When, therefore, gentlemen speak of Mr.
Krskine’s having competent powersto make
the provisional arrangement in April, they
may bo dcsin 1 to ptoduce the regular eii
ilence of the fact. If the negneiation was
conducted accord .g to the Course of diplo
plom uic usage and strict propriety, there
is the regular evidence of h*» being autho
rised to make the arrangement, and it can
be produced. If he had a patent of full
power, a copy authenticated by t*<c mints
ter o:* a secretary acting under him, would
doubtless be Considered prop r evidence to
be deposited vi*!i the archives in nmmfes
■ iti. u ii the an oritv of the British govern
ment to conclude the arrangement If his
auth-'riM- «• n .iiut-tl in any Setter or let
lev. of n< ;t■ irt:• u, Mu* a I’htutic copy of
•■>ch a..*'toi '• u - Id, wi h tiie like pro
prit’.y, ivi d. • mined m the Department ef
fii.".’. ■
1 .e ’.wgnnge of a p.rtof the corres
•’»0<:'"I.- • re;prettng M . Krs . tie’s author!
tv, -s tr«% to (< • gr inth-l in mistake. The
ndmind trati. n is spev o of ts.nt k.o'iii;
the re rri. t of his .iiit’m rity, i 'ins lain
■ m ■ , if he
fXiiibi* -d a full power giving I o authority
: > nog.. d.e and conclude stipulations: JVj
i an t iii ‘.ne ci ■: of t mil po’ver cubracin *
toe ivrioii. subject o i .gm • 'lion, the minis
ter might b«* rest rim it !•. the exeicise of
hi?. po.* ,r by 01 Ic.i fron Inn goveiuimnt,
ii. Mi itcung him bo v to p . n?*d mil on wliat
he toij.bt ei>iT'".0‘.r, And when he has re*
•liutiie • istvur’ . is ror h -t o*vn direction
I .1 lull pmvei to l*c i xbibi t*d to the gov
i i,i.m ni wii.i which t’i' ni g x-.i ition is had,
it: 'k'parta b,'>'fi ? it »i>.tr icrio u. Ills o*"n
h vei nnu • r, A' *vi',h,-t.iniiiiig t!ie forma’
plenitude oi I i” wer, is c.oiisi'lered as no'
‘ ' l 'o,. iiy bis •. ts, especially if he hn«
tcp..ii*u i^OUi n> in iVructiw.if. on a subject
of importance to the honor or rights which
he was instructed to maintain. Hut in the
case before us, where can we find sufficient
reason for speaking of the restriction of au.
tbority ns being unknown, if the authority was
known? There does not .appear to have
been any restriction, except wtiat was in
herent in the nature of the authority. The
same despatch, tiie letter of instruction,
gave the authority and defined its extent —
In tiie nature of the thing, the minister
could have no more authority than was given
to him ; and he neither was nor could he
authorised to act beyond the extent of his
authority. How then, in this case, is it
possible to separate the authority from what
is called the restriction? If therefore, the
negociation has been concluded ac '.ording
to the principles of public law, the evidence
of the authority, such as it existed ar.d ap
placed in tact, neither more nor less, can
be produced. Unless there l>e some evi
dence ot a distinct authority ostensibly' com
petent to the arrangement, where is the.
propriety of insisting on explanations as if
there had been apparent authority? Ex
planation is obviously due where the minis
ter has exhibited a competent full power on
the faith of which an arrangement has been
concluded, it his government dis wows the
arrangement because of departure from in
structions on points important to the govern
ment. The violation of instructions, and
the importance of the matters respecting
which they have been violated, constitute
the basis of the proper explanation, to which
may lie added proper compensation for : lie
failure, with due attention to the time and
manner of making the explanation.
I he case of tiie arrangement with Mr.
^rskine lias sometimes been compared to
ti.at of tiie treaty signed at London on the
31st of December, 1806, by Messrs. Mon
roe and Pinkney. But the cases are mate
Hally different. That negociation was con
ducted with observable propriety and r -co
rum by the negotiators of each party —Per
haps no case is to be found in which the res
pective ministers insisted with more firm
ness ar.d perseverance on the claims, inter
, ests and pretensions of their own govern
I menu, auu yet preserved towards each o
tlier so much decorum and honorable atten
| t;on in their oliicial and personal communi
cations. Although Messrs. Monroe and
| Pinkney had full p >wcrs for the negneiatinn,
! they h.ul instructions separate from ih; se
; general powers, and hy these instructions
j they were restricted according to the spvci
l lied terms. In acceding to the articles as
I they believed expedient under the existing
circumstances, they gave notice to the Bri
tish plenipotentiaries, that they proceeded
to the signature of the treaty on their own
responsibility, and that the letter of their
i instructions did not warrant the arrange
] rnent in the manner in which it was made ;
although they believed the essential objects
! of their instructions to be attained in sub
stance for practical benefit to the United
l States, and accordingly they trusted that
j the terms would be approved by our gov
j eminent.
| 'fhe British government had not just cause
j to complain and insist on formal explanati
ons merely because the treaty was disavow
jedin tins country. although the full powers
, of Messrs. Monroe and Pinkney, on the
j part of the United States, were exhibited
j and appeared competent; for the restriction
contained in the instructions had been fairly
communicated to the British plenipotentia
ries. Accordingly tim British secretary * f
state, afterwards in his oftlcial note, staling
I the King's acquiescence in tlie President’s
i refusal to ratify the treaty, did not complain
ion that account, but he adverted to the fail
I ure of comformingto instructions as a mat
| ter between the American government and
its commissioners.
tin the subject of the treaty, however,
there is another enquiry which concerns
ourselves, and on which the British govern
merit can have no right to say anv thing;
for it is not their concern, hut ours exclu
sively. The enquiry is, whether the treaty
was not of so much importance, concluded
after so much discussion, and hv such per
sons, and under such circumstances, tha* it
should have been submitted to the Senate,
who might have advised its ratification un
conditionally or on condition of such modift
cations as, after full deliberation, might be
judged best for the United States? Whether
the affairs of the country have not since been
changing from bad to worse, instead of se
curing more beneficial terms or any terms
whatever ?
With a view to thegener.il subject of let
ters of credence, and the distinct authority
of public nii«is*ers. 1 will now refer to ex
amples in the history of our own government,
without detaining you by citations from the
works of foreign writers on public law.
The first authority to which I now refer,
is the authority of President Madison as
President of the United States. I propose
to shew, that prior to the present session of
j Congress he believed it proper that a public
1 minister plenipotentiary having letters of
• r.ivdence should also have a distinct authori
ty to enable him to cipubite in Iwhalf of his
government. With this view I refer to the
Message from the President of the U. States
at i e commencement of the last session of
• Congress. In that Message, there ism
clause relative to the purport of certain in
I stni'.'.i»t s. for our ministers at London and
! Paris; and then immediate ly . "jw the ex
previous which 1 will now rr<, 1 :
11 boon after th' se instructions were dis
j patched, it was found that the HntishGo
! vcrnoient, anticipating, from the early pro
ceedings of Congress at their last session,
the stu.e of our 1" .'s, which has had tne ef
j t t of placing to i two belligerent powers
| on a looting of equal restrictions, and rely
j i.»g on the conciliatory disposition of the U.
j Stipes, hud transmitted to their legation
i :if-re, provisional instructions, not only to
I olier satisfaction for the attack on the fri
j gate Chesapeake, and to make known the
j det*M initiation of his Britanaic Majesty to
send an Knvoy Kxiraordinarv wi<h powers
to cwnchide a treaty on all (he points be
i ween tne two comv nen; hut, moreover, to
signify his willingness, in the mean time, to
withdraw his Grders in Council, in the per
suasion that the intercourse with Great Itri
1 oin would be renewed on the part pf theU.
b'-Aki-V,
"•These steps of the British government
led to the (correspondence and the Procla
mation now laid before you ; by virtue oi
which, the commerce between the two
countries will be renewable after the tenth
day of June next.”
The language here is direct as to the fact
stated. 1 he tact is mentioned as being un
questionably ascertained, as being discover
ed and known to the administration, altho’
perhaps not to the great body of the commu
| nity, as being known after examination. A
mode of expression such us is observable in
the Message would be ot strong import in
cases where persons are bound by oath or
affirmation to declare the truth ot fact ac
. cording to evidence. On reviewing the
j statement communicated to Congress by the
1 President, we extract this sentiment dis
tinctly—it was found tout the British go
vernment had transmitted to their legation
i here, provisional instructions to signify tiie
i willingness of his Britannic Majesty to with
j draw his orders in council, in the persua
j sion that the intercourse with G. Britai •
j w >nld be renewed on the part of the IJ. S.
, und the steps of tiie British government le
1 to the correspondence and proclamation lai i
I before ’Congress. Why should the ex pres
| sions have been so direct and ex.::icit as t
I the provisional instructions and their import,
| if nodistinct authority was necessary tovive
i validity to the provisional arrangement ? In
i the proclamation, the lion. 1). M. Crskine,
| his Britannic majesty’s envoy extraordinary
a:ui minister plenipotentiary, is stated to
have made the specified declaration by the |
order and in the name of his sovereign. Jfi
die letter of credence were believed sufii- |
cient to enable the minister to stipulate for I
bis government, would the statement have |
been made so distinctly mentioning the trans- ]
milled instructions, the steps of the British I
government, the declaration oi' the minister
by the order of his sovereign ? Tiie Presi
dent in the full belief of the statement would
of course believe the arrangement to have
been validly concluded. But from that mes
sage of the President, may not we justly de
duce tiie inference—a letter of creel* . •
does not enable a minister to make stipuia
lions obligatory on the government from
which he is accredited ?
in i circ&i. i it £ uiMury oi our government,
the next authority refers 11s to the adminis
tration of President Jefferson. It is the case
of an extraordinary mission comprehending
a minister having the character of plenipo
tcntiary in ordinary. Messrs. Monroe and
Pinkney were appointed commissioners ex
traordinary and plenipotentiaries fir nego
ciating arrangements with the British go
vernment; and as such they had letters of
credence from the United States. Vet they
also had lull powers in a commission anther
• ing them to treat severally as well as
jointly. This, according to my npprehen
s:on, sufficiently appears from a volume of
state papers communicated bv President
Jefferson to the tenth Congress, particularly
a letter from Mr. Madison, Secretary o*
State, to Messrs. Monroe and Pinkney. It
is dated from the department of state the
lrth «f May. 1806 Permit me, sir, to read
the first part of the letter. “ Gentlemen
I herewith enclose a commission and letters
of credence, authorising you to treat witli I
the British government concerning the n.a-;
ritime wrongs which have been committed
and the regulation of commerce and navi go.*
ti in between the panics. Your authority is
made several as well as joint, as a provision
for any contingency depriving cither of the
co operation of the other.”
We will now recur to the administration
of President Adams, who was so well known
as a diplomatic functionary in Europe. A
mong the state papers which lie communi
cated to Congress, wo may find instructive
documentary information relative to diplo
malic credence and authority. Among those
papers is the letter of credence for the envoys
extraordinary to France according to full
form of diplomacy. These are the terms :
CREDENCE
For Messrs. Pinkney, A fa rs hail and Ger
ry, Envoys to France.
JOHN ADAMS,
President of the United States of xltnerica,
to the Ex ecutive Directory of the French
Fe/iublic :—
(Ttizkns Di x fttors — Desirous of ter
minating all differences between the U. S of
America and the French Republic, and of
restoring that harmony and good understan
ding, and that commercial and friendly in
t M course, which from the commencement
of their political connection until lately, have
so happily subsisted, I have nominated, ami
hy and with the advice and consent of the
Sena'e of the U. States, appointed Charles
Coteswnrth Pis ’:ney, John Marshall, and
Eihridg? (Jerry, distinguished citizens of
these siaies, jointly and severally, envoy*
extraordinary and ministers plenipotentiary
to the French Republic, for the purpose of
i arc >mplishing the gieat objects above men
tioned: Wherefore I pray you, citizensdi
rectors, to give full credence to what they
and < ach of them shall sav to you in these re
spects, iu behalf of the U. States, and also
when they shall assure you c f the sincerity
i of our wishes for the welfare of the French
Republic.
Given under my hand and the great seal of
the IJ. S, of America, ai Philadelphia, the
thirteenth day of July, in the year 1797,
and of the independence of these state* the
twenty-second.
JOHN ADAMS.
By the President of the U. States,
TIMOTHY PICKERING,
S-cretsu*y of State.
Here gentlemen may observe, tllRt the let
ter of credence expiessly states* he objects
of the mission extraordinary, and desires
j ‘.’ull credence to be given to the envoys in
I those respect*. S tys the letter of credence,
“ 1 pray you, citizen* director^ to give full
credence to what they and Slfli of ’hem
shall *av to you in these respects. In behalf
of the U. S.” But did the President then i*
office s ippose'he let’er of credence even ;n
such a case to give the proper authority for
uegor.iating an arrangement of matters It
difFennee between the two countries f If
understood the subject far olherwi-e ; for he
believed it pr.-per to authorise, the envoi’s
diAinCtljr, by giving them f*'.l powers. li
gentlemen will now* attend, they may ku^w
i the terms of this public Commission.
FULL POV/EKS
| To Messrs. Pinkney, jl/firs/tall and Gerry,
Envoys to Trance.
JOHN ADAMS
President of the U. St :tee ofAmerica.
Fo all whom these presents shall concern
— (ireefing :
AjYO IT YE, i hat lor the purpose of rer
minating all differences, between thi U. S.
ol America and the F oreh Republic, u.id
'>t restoring and confirming perfect harmony
and good understanding, and re establishing
a cotnmerci.il ;,nd triendly intercourse he
• ween them, and reposing especial trust and
confidence in the integrity, prudence and a
bilities of ('.linrles Uo.esworth l'inkney, John
Marshall, and Ethridge (ierry, citizenso{ »l e
said U. Spates. 1 have nominated, as d by
and with the advice and c-ji.sent of the Se
nate. appointed the said Charles Cotes wort It
Pinkney. John Marshall, and E lb ridge G, t
ry, jointly and severally, envoys extraord•
j nary and ministers plenipotentiary of the :J
States to the French Republic, hereby gt.
ving and granting tothem. and any and each
of them, bill power and authority, .a ol also
a genet jl and special cot: mand, i< r and in
the name of the U. Stalest, i:.ectar.d< .liter
with the ministers, commissioners, er dppi;.
ties of the French Republic, being furnisiierl
with the like lull powers, whether separate
ly or jointly, and with them i > treat, consult
and negociatc, of and concerning all claims,
and all matters and '■auses of difference sub
sisting between the U. States £c thcFrmich.
Republic, for the purpose of satisfying and
terminating the same in a just and equitable
manner, and also of and concerning the ge
neral commerce between the IT. States and
Fiance and ail other the den urinations of the
l‘. lich Ei public, and to conclude and sij n a
treaty or treaties, convention or conventions,
touching the premises; transmitting ti.e.
same to the President of the U States of
America for hir. final ratification, by and
with the advice and consent ot the Senate of
the U. States, if such atliico and consent
shall he given.
In testimony whereof, T have caused the seal
of the U. S. to be hereunto affixed.
Given under my hand at the city of Phila
delphia, the twenty second day of June, in
the year of our Lord, 1797, and of the
Independence of the U. S. of America, the
twenty- first.
JOHN ADAMS,
lly the President of th IJ. states,
TIMOTHY PICK EE ING,
beert-1ary ol State*
The history of the government presents
further authority. Let us remount to *he
administration of the first President of tVie
United States, the man first in war, first in
p:- ce. first in the hearts of his countrymen !
Mr. Hammond was residing at Philadel
phia in character of minister plcnipment u
ry from Great Britain. On the 29:h of No
vember, in the year 1791, a utter was ad
dressed to ltitn by the Secretary c-f State,
Mr. J*.fters'*n, who had returned i nn Ku
rope. where he is well known to have been
a minister froin the IT. Smt;-;. After ad
verting ;o the inexeemion of tbe7rh article
of the definitive treaty of pence, and, men
tioning the sentiment entertained of tne
friendly movement then “ lately made hv
tiie court of London in sending a minister,”
the letter contains these expi cssions:—“ Per
mitme then, sir, to ark., whether you are
ir. trnc'ed to give us explanations of the
intentions of your couit as to tiie execution
of the article above quoted.
“With respect to the commerce of the
two countries, we have s m posed, that we
saw, in several instances, regulations on tlie
part of your government, which, if recipro.
cally adopted, would materially injure the
interests of both nations.
‘"On this subject, too, I must beg the fa
vor of yon to say, whether-you are an’hori
zvd to conclude or to negociaie arrangements
with ns which may fix the commerce be
tween the two count l ies on principles of
reciprocal advantage?”
The correspondence gives us interesting
information applicable to ihe present sub
ject. Under the administration of the first
President of the United States, the enquiry
was made by the Secretary of State oil.dai
ly-whether the accredited British minis.
ter plenipotentiary was au'horissetl to con
clude arrangements respecting commerce,
or toncgoo.i .‘e such arrangements? Whe
ther he was instructed to explain the inten
tions of the British government, as to the
execution of an article of the definitive trea
ty i f peace ?
ju fioes not seem to nave been imagined,
at that time, that the enquiry could ho
thonght to vary in nsy respect whatever
from the honorable pt inciples of diploma
tic intercourse. The answer is to be found
in tiv* letter to the Secretary of Si.Ve, from
the British minister plenipotentiary, bear
ing date at Philadelphia, the "C/;h <k Nov.
1791, the next flay after the official inquiry
whs made. Permit n.e now, sir. to statt#
vich uarts of this letter as appear the most
applicable to the case before n*
“With respect to the nr n-rxrcu’ion of
the 7th article of the definitive t’.eaty of
peace between his Britannic Hirjcsty and
the United States of America, which you
have recalled to my attention, it is scarcely
necessary forme to rcniarJ: to vni, sir. that
the king, my master, was induced to suspend
the execu on of that article on his part, in
consequence of the n >.i compliance on the
part of the United Stater; v ith the engage
ments contained in the 4th. .Vivaml Gill ur
tieJus of the same treaty. Tliesrtwoohjar t«
are, therefore, so materially connected « i h
cacti other as not to admit of separate n,
either in the mode of discussing them er in
any subsequent arrangements which may i n
sult from that discussion."
“In stating to yon, 9ir, this indispensable
consideration, I must at the. same lime, as
sure v»'u, that in the confidence of experi
encing a similar disposition in the g merri
ment of the United S ates, it is his mujes
tv’s desire to remove t vrrv ground and < c
casioti of misunderstanding which may irs®
between the t wo countries: and in confor
mity to that disposition in his majesty. I
ran add, that I am instructed to enter i* t®
the discussion of all such measure*#* may
be deemed the moM practicable a-,.I reason