The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1796-12-08 00:00:00, page 1

~The Potomak Guardian, & Berkeley Advertiser*
[Num. 318.J
? H U R S D A n D»c<mber 8, 1796.
Vou 7.]
trtzrtklm.
iff wkiii LiiikTT dwilm, ram u« couhtrt.
[Oft* **d Hxirjltuxcid.]
To bf*fotd, on ilie Srit day of next Coort, on a cre
dit of fix months, at the dil'tillery,
TWO Copper Stills, containing 11 a and 66 gal
lons, almoft new, thirteen tuns, with every
other apparatus uecefsary for rite Subnets.
JOHN OFERRALL.
THE Sobfcriber has at this time, a large and
elegant atsorrinenr of OoodB, luitable for all
fcafons, which Ire otf.rs asufualon very low terms.
He will purchale Witeat or Flour.
JOHN OfKRRALL.
Dtcenber I, '96.
At a Court held for Berkeley County, the 24'h day
of .November, 1796.
In CHANCERY.
John O’Ferral coni pi', *0/ Patrick M'Afree, deft.
.r-ir^HE defendant Patrick M Atree, not having
A entered his appearance agreeable to an act of
Aftembly and rhe rules of this Court, and it ap
pearing to the fatwfaction of the Court that he is
nor an inhabitant of this commonwealth, on the
motion of the coriiplaioanr, by his counlel, it ii or
dered, that the defendant do appear here, on the
firft Monday aft*er the third Tuefday in March
next, and anfwer the bill of the complainant, am!
that a copy of this order be forthwith inferred in
the Virginia Gazette, for two months foccrffivrly
find published at the church door in the parilh of
Korbourne, on fom? Sunday immediately after di
vine fervice, and alfo at the door ot the Couit
Houle of the faid County. . .
A copy. Teft. MOSES HUNTER, C. B. C.
TO BE SOLD,
A TRACT of land lying on SleepyCrerk, con
taining 500 acres, jo of which are cleared ;
it is good land, the wood confuting of oak and wal
nut ; there are three 'abbins on i> —For terms ap
ply to ALEXANDER CATLETT.
Ntsvemorr 30, *96.
#3" AN injurious report having been circulated,
fha: I was not lawfully married to Phebe Gorrell j
tho'e who may dilbelicve her to be mv lawful wife,
are vrqjefccd to apply to the Rev. Mr. Wilfon in
Sbcphcid’s-Town, who will fully lausiy them.
A. C.
FORTY POUNTDS REWARD.
RAN away from the Si/dcriber, living in the up
per end of Sraffurd County, Virginia, on the
lit of February, 1793, the following flaves, viz.
One yellow fellow, turned Jillfon, about 5 feet 8 or
9 inches high, 24 or 23 years ofage, has a fear on
one tide ofhia face, but on which is difremembered,
thick lips, large and full eyes inclinable to be red,
fmall hands, long feet, and lilps in his Speech. He
was taken up and put in goal in Winchelrer, in Oc
tober '95, but broke out and made his efcape.
A very black negro Woman, named Nan, whoab
jeonded on the 27th of October, *95,’ 45 or 50 years
of age, 5 feet 4 or j inches high, has few or. no
treeth before, flcuder made, thin vilage, fmall eyes,
tthick lips, and, if rightly recollected, no hair up
•on her eye lids, has a fmall fear on her forehead a
T>ove the left »*ye, is very handy in the houfe, very
infinuating<and artful. ‘f
Will, hulband to Nan. — He abfeonded on the ift
of March ’96, is about 40 years of age, 5 feet 8 or
9th nos high, of a black complexion, fl -nder made,
remarkable fmall legs and hollow feet, feveral fears
in i«is head and forehead, and is a tolerable good
jough carpenter, hewer, lawyer and Ihoeitiaker.
ltisfuppoled they have certificates of freedom, as
they have been long act] minted with Negroes that
■were liberated by Robert Carter, Elq. 1 wenty
Pounds reward will be paid for Jillfon, on deliver
ing him to his malter, in Stafford Counry, atore
Jaid ; and Ten Pounds each for the others, if deli
vered to their refppctive mailers, or Three Pounds
for each if lodged in any goal, and notice giveu fo
that they may be had again.
JOSEPH COMBS.
ROBERT OVERALL,
HELDING COMBb.
November 24, *96.
ALL perfons indebted 10 the eftate of Captain
George Thomas, late of Berkeley County, de
cealrd, are recpieft^d to mike immediate payment
to the fnbfcriber ; and all thofc having any de
mands thereon, are deiired touring forward their
claims, as an immediate fenjement ofthe Paid eftate
is intended. JOHN KERNEY, Aduiinilirator.
OJjober2$, '96.
PHILADELPHIA, Movembee. 11.
it —
AUTHENTIC.
Tranflation of a Note from the Miniller of the
Frlhch Republic, to the Secretary of State of the
United States.
Legation if Philadelphia.
THE underlined Minuter Plenipotentiary of the
French Republic, now fulfils to the Secretary
of State of the United Sta&dy a painful but facred
duty. He claims, in the name of American honor,
in the name ot the faith oFTreaties, the execution
of that contract which aftured to the United States
their exiitanye, and which Frame regarded as the
pledge of the molt facred union between two peo
ple, the freeft upon earth : in a word he announces
to the Secretary of State the refolution of a Govern
ment, terrible to its encrilied, but generous to us
allies.
ft would have been pleafing to the underfigned
Minister Plenipotentiary to have only to exprels, on
the prefent occafion* the attachment which-his go
vehiment bears to the American people, the vows
which it forms for their profperity, for their hup
pmef's. Hi# heart therefore is grievrd at the cir
cumltanccs which ifupote upon him a different talk.
With regret he finds hinifelfcompelled to fubfeitute
'he tone of reproach for the language of friendlhip.
With regret £4fo his government has ordered him
to take that tour; but that very friendlhip has ren
dered it iodifptufibh*. Its obligations facred to men,
are as laored to governments : and if a friend offen
ded by a friend, can juft 1 y complain, the govern
ment of the United State*, after the Underfigned
Minifter Plenipotentiary lhall have traced the cata
logue of grievances of the French Republic, will
not be (urprifed to fee the Executive Directory, ma
nifefring their too juft difeontenis.
Woen Europe role up againft the Republic at its
birth, menaced ir with ali the horrors of war and
of famine ; when on every fide the French could not
calculate upon any but enemies, their thoughts
turned towards America; a fw-et fenriment then
mingled itfelf with thofe proud fentiments which
the prefence of danger add the defire of repelling it
produced in rheir hearts. In America, they law
mends. I hole who went to brave tcmpetts ana
death upon the ocean, forgot all dangers in order
to indulge the hope of vifiting that American conti
nent where, for the firlt lime, the French colours
had been difplayed in favor rf liberty. Under the
guarantee of the law ot nations, under the protect
ing lhade ofa folemn treaty, they1 expected to find
in the ports of the United States an alsylum as lure
as at home ; they thought, if! may ule the exprefli
on, there to find a lerond country. The French go
vernment thought as they did. O! hope worthy
of faithful people, how haft thou been deceived !
So far from offering to the French the fuccours
which friendfhip might have given without compro
mitting it, the American government, in this re
fpcct violated the letter of treaties.
The 17th article of the treaty of amity snd com
merce of 1778 ftates, that French vels'ls of wir,
and t"hofe of the United States, as well as thole
which lhall hive been armed for war by ibdivi' a Is
of the two ftates, may freely conduct where ry
pleafe the prizes they lhall have made,upon 5tC>ir
enemies, without being fubject to any admirals or
other duty ; without the laid vefscls, on erne. \
inro the harbours or ports of France, or of the U .
ted Staie.s, being liable to be arretted or feized, or
the officers of thole places taking cognizance ot the
validity of the faid prizes : which may depart and
be conducted freely and in lull liberty to the places
exprels.’d in their commifljons which the captain
ot the faid vefsel lhall be obliged to Ihtw : and that
on the contrary, no thelrer or refuge lhall be given
to thofe who lhall have made prizes upon the French
or Americans ; and that if they Ihould be forced by
ftrefs of weather or the danger of the lea to enter,
they lhall be made to depart as loon as poffible.
In contempt of thefe (tipulations, the French pri
vateers have been arretted in the United States as
well as their prizes; the tribunals have taken cog.
nizance of the validity nr invalidity of thole prizes.
Jt were vain to feek to juttify thefe proceeding, un
der the pretext of the right of vindicating the com
promised neutrality ot the Uaited States. The
facts about robe ftated will prove that this pretext
has been the fource of ihocking perfectuions againft
the French privateers, and that the conduit of the
Federal Government, has been but a feries of viola
tions of the 17th article of the treaty of 1778.
On the 4th of Augult, ’93, a circular letter of the
Secretary of the Treafury was fent to all the Col
lectors of the Cuftortjs. It accompanied regulati
ons adopted by the Prefident, prohibiting all arma
ments in favor of the belligerent powers. T hefe re
gulations immediately acquired the force of law, and
the agents of the government, and the tribunals
concurred in their execution. They gave them a
retrolpective effect, and caufed to be leized in the
ports ot the United States, the armed vefscls and
prizes .which had come in prior to that time. Bui
even before thefe regulations, adopted by the Pre
fident, had eftablilhed aDy rule whatever upon the
prohibition of armaments, the tribunal had alrea
dy, by order of the government, afeutned the cog
nizance of prizes made by Prench vefsels. (No. i )
Que of the predecessors of the underfigned profit
ed againfc this, bat in vain. The tribunals 'itili
continued their profe£ut$ons.
Oil the 3d or December, 93, the rreiioent aiKea
of Congrets a law continuing the mealures contain
ed in the letter from the Secretary of the ^I'rea'.ury,
above mentioned (No. 2.) Th»» law was paised the
$ch June, '94. What was. its reful* i io confe
rence of this law, the greater part of V e Freneli
privateers have been arrefted, as well as their pri
zes, not upon formal deputations, not upon efta
blilhrd teftimony, not upon a necefsary body of
proofs, bur upon the funple information of thecon
lul of one of the powers at war with the French Re
public, frequently upon that of fail ora of the enemy
powers, fomlimes according to the orders of the
Governors, but often upon the demand of thr dif
triet attornies, whoatserr, upon principles avow
ed by the government, (No. 3 ) that their convic
tion was hifficient to authorize them, without com
plaint or regular information, to caufe the priva
reers to-be profecuted in virtue of the law above
mentioned, (No. 4 )
When rhe miniiters of the Republic have alked
juftice of the government for the vocations experi
enced by the privateers, in contempt of the 17th
article of rhe treaty, they have never been able to
obtain fatisfaction.
Thus, when on the 9th Fructidor, $d year, (a6ih
Auguft, ’94,) the predccefsor of the underligm- I*,
addrefsed a complaint to the government on this
fubjfcct. the Secretary of State aniwered, on the 3d
September, '94. by a phrase indicative of delay.
Thus, when the fame minifter on the 27th Ven
demair, 3d year, (1 th Oct. 94.,) reminded the 'se
cretary of State of the means he had propoled to
him, for putting an end to the mealures adopted a
gain It French privateers ,■ when hecaufed him to fee
that this means, which confifc in requiring lecurhy
from thofe who claimed the prizes as illegal, would
prevent the enemies of the republic from inftituting
Co many fuits, of which they themfelves perceived
the injuftice .■ he obtained no other anfwcr than
that his propofuion relative to feCMrities was inad
miuinie.
When on rhe 13th Flpreal, 3d year4 the fame ini
nifter exprefsed himfclf in thete terms, in a learr
to the Secretary of State; “ You have alledged,
fir, that the executive of the United Stares caur.ot
interfere in the affairs of which the tribunals have
taken cognizance. Jn admitting this objection for
all the bufinels row in luit, I do not the l«-fs think
that your government could, by general meafures,
bring back the jurifdiction of the American tribu
nals. concerning prizes made by our velscls. w; bin
(be limits preferibed by our treaties, which make
part of rhe lupreme law of the land. It might make
known that the facility with which your courts of
Admiralty admit, without diftinction, all the chi
canery which our enemies create againf*. us, in the
prelent war, is evidently contrary to rhe fpiric of
the treaty.'* The government paid no attention to
thefe reflections, and theanfwer of the lecretary of
ftate merely notices the particular fact which had
occr-fioned the note of Citizen Fnuchet.
What was the undcifignrd mmifter plenipotenti
ary able to obtain in the affair of the Cafiius and'of
die Vengeance ? Nothing.
The government of the United States inuft have
feen however by the claims which the miniluers of
tjhe republic addrefsec! to it, and by the grear num
ber offsets, of which it has bad a knowledge, how
much the execution of the meafures of the Fr*-fident
and of the law of the 5th june, 1794, waS conir*L,y
to the 17th article of the treaty; how much the a
gemy of the tribunals who ought not to h*ve
cognizance of the valid?ry or invalidity of p»i>cs,
tended to annul the article, and to deprive the re
public of rhe advantage which it alsurrs to her. Jo
fact, was it not evident, that when the powers sc
war with the republic had the privilege, in vir't.e
of the 1w of th»- 3th of June 17194, of caufing to be
arrelred the privateers and their prizes, of detain
ing them in the port^-of the United States, of ruin
ing them by confiderable colts, by the txcrfijve ex
pends which they occafioned them, they drew from
that priv ilege an inrmenfe advantage, to the detri
ment of France. Douhilefs it was of little impure
to them that fomerimes the privateers rhiarred
juft ice, in the I.»11 relort, if they detained the priva
teer for a length of time, nod if they by 1 hat meaty'
Iheltered from their purfuit the commerce of tf
enemy of France, T he neutrality of the Unit
States in this cafe was altogether to their adv*
lage • and the federal government, on feeing t'
Itate of things, Ihould. out of refpect »o i-s r> u
lity and to treaties, lolicii item the Cougici