The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1796-12-22 00:00:00, page 2

©'lb'?!**, fa) B^t Mr. Randolph, fe’cretary of
fi*re 0f fb« Uu.i d replied 10 the undeifign
*d on tbs i© 1 of Aayjfi '95—“ A» Jong »• the quel
t. jo h in uie hand* of our courts, lire executive
cannot withdraw it front them.’4
The undeifigned inlifting on the firfr Frnctidcr,
in the third year (t'giii 'Augolt 179c) expretsed bilTi
feH in inrle term*,"*4 i do not knJW nor ought to
k'lbvr other than the government o< the United
t-'uies- 1 cannot under any lb ape admit the u.tr.je
te*vr.y of yoiif iri^uiHll ir« the circu?!i!!aD‘
wit'i.h a rife on the execution or in»x*cutt:>n of
tSiO Treaties It’ 1 flrfe rriuusuls nee the fir It to vio
late rh.-m I rnn only addrei* niy »r If ro the govern
ment fjr reparation of that violation .* other wire it
would be to render the agents cl the French govern
'ritnf—die French government iilelt amenable ro
ti»—!> trih*«nals ,* which Would be ro reverie princi
p,- " Informed that the Caffs us ;nu her captain
;„:phr h* liherr-red on giving leroriry, the uoder
ii »nrd reciticUH, by th*- fame letter, that thr go
verntnen' of the United Mates would itJcH turnilh.
this itcxfhy: arid knowing tbnf the ItiptMne court
0 f the United Stares, which was then in l«dion, had
the power in certain cafes of at i « ling the proceed
1 ngs of the inferior court*, on tntir fignifying to
litem a prohibutou, he iuggefted to the Icc.eury to
adopt this furr and pror/'pi method to put an end to.
th»? vexation* procedure. fim h thefe rtqwefc* were
refufed. Thecap'ain ot 1.? Caftius then adtirefsed
himftlf to the fupreroc tribunal, reqoefted „tbe pro
!.ibitton, and «)'•• ained it. T he ditfrict court was
cr joint d iuiin-rdmely to (tap the proceedings which
h„ i Wren commenced, and to liberate Opt. Davis,
and his vefsel. .
Bit .»t the very i^frant in which the marfbaft was
cleiired to execute ihr order of the lupreme court, lie
had already in pofsrffion a new order from another
tri.tonal (the circuit court) enjoining lum to arrelc
the vefatl enm-j, np.»n the charge of an Englilh mer
chant and net. rah/.cd American, flaring that this
velsrl had been formerly armed in theUnitedStaies;
ap:l qonfrquent )y rrquefted that !he ihould he con
fi'eated, one moiety to himself, the other moiety to
the governmet. The underligned being, uninform
ed .vhether this vefsel had ever been armed in the
ports of the United States, he was alio aisured that
lome iuviduaU had only attempted to put on board .
arms and ammunition,and which the;, were prevent
ed from doing at the time; bat he rakes upon him
to a farm, rhat ituce this vefatl has become the pro
per') of rhe French republic—General f.eyeaurc arm
ed and equipped her wholly at St. Domingo ;
*»>•! ib*c at licr arrival here. f!:e had not a cannon,
or p- ittid c? powder which jmd not been put on
board tier in the territory of France. This new or
drr w s frgned by one of the judges of the liipreme
court fin quality of circuit judge) who having al
ready ord# red the piohibinon in the firfc inftance,
niuii havnjttiown verv well ibat this vefsel was the
prop-ny o» the French republic ; and who muft al
io hwe known that ihe circuit court was not com
petent to this proceeding ; which the law and ufage
have mntinntiy attributed to ihe diftrict tribunals.
But «he diftrict court then fat bat once a year at
Philidcdphia; its approaching yet difrant lesHon
w:*s to be at York-Towo, and the profecutor adopt
ed this round-about mode to take sway every means
from the French republic of obtaining reftitution of
her vefsel legally, before the expiration of near a
year, in the interval, Ihe was to rat at the cjuays of
Philadelphia. This Sas taken place. The under
lined, fiom a fpirit of conciliation, made an ufe
iefs attempt with one of the judges of the circuit
court to obtain the liberation of the vefsel, on giv
ing fecoritv « the .reply was that the judge could do
nothing of himiVlf ; that the court when al'sembled
could alone deteriqine. ^
The ttnderfl'gned, minifter plenipotentiary made
new representations to the fecretary of fiate of the
United States upon the foregoing facts. Mr.
Pickering, then fecretary of (rate, to his anfwer of
ift Auguit, *c;*—repeats this phrafe of Mr. Ran
dolph. “ As long as the queftion js in the hands
of our courts the executive cannot withdraw it
from them/'adding thereto this remarkable exprel
fion ; “and therefore is hot chargeable with fuf
feting a violation of the treaties exifting between
the two republics." The onderfignrd complained
that the new fuit Commenced, egainft the Oflius
had hern carried to an incompetent tribunal, and
in the fame letter of ift Aug. 'gy, the fecretary of
fiate replied on this head to the underligned, 44 the
count'd who told you that fneb is the law, have led
you into an ertor," <Scc. maintaining thecotiipeten
cy of the tribunal.
1 he urniei n<med minuter ip thele circumrances,
faw himiVlf obliged to difarm the vefscl, •0 dil
ch.trgfi the crew that during thefe tranlactions he
had Inpported at great exprt>*, and abandoned the
(Jafltus to the government of . the United States—
protefilng ngainft the illegality of her arreft.
The underfigned minifter is not acquainted with
the derails of what happened fince that time rela
tive fc this affair; he only knows that in the month,
of October lafr, the circuit court declared itlelf in
competent, notwithltanding the afsertion of the fe
cretary of Itate, and Cptalbed all the proceedings.
In conference, the lecretary offered him the Ca(
fios ; as if after having retained, in contempt of
treaties, a hate vefsel, after having left her to rot
in port, the government of the United Stares were
not to enf'wer, both for the violation of clie trea
ties, and for the damages the Caifius has fuftainrd.
No. ) Vhe lecretary of State, by his public
fetter of the firft of November laft—in anfwer to
f t) >ivfcn. A’athan ver fus the Cchmn'Wealtb of Tir.
g*b:k. Ddlurt Report/, p, "fl.
tbe note fsf the or<5 -rfigned thinifcer plempGtert.S
ry of the‘6ih ol B omaire lift, appears rot to h*ve
nn^crhood either that note or the decree of ihe a
eentive directory of tbe 14 b McfOdor of tbe 40
year.
This decree does not limply contain the order
for feizirg fcnglilb property on board or neu!r-l
vefseds, amJ ot ».tmrfeon board of American velsris -7
it order* rhat tbe velsels of tbe republic thall at.
towards neutrals in the fame manner as neutrals
!ba*l luf-T the English to treat iheta».
This oecree cotnetpienily Fihplies not oW*’y the
feizure of pnemies property on noard <?f ^M.erican
vetse'ls, a gain ft the principle free~fhipt mckejr 'g'i'jdt,
a principle the American govni.metu
afterhaving recognized it by acceding to tne de
claration of Rufiii in 17?*, not only the feizure of
the articles ciaised a® contraband in tbe treaty
concluded between lord Grenville and Mr J*.\, arc!
declared innocent.tnerchai.dizts by tbe treaty id ’-jo.
but alio reprifals for all vexations, contrary to the
law of nations and to the treaties, v. h:r!i the Ame
ricans (hall cr^yre on the part ol the Toglilh, with
out an effi:acious opnolition.
n»e iccrerary cl ltate has been pleated rr> na
krvr, that France and the linked States, by a tm*
proct] treaty, hail con'.ecrated the print.ole, f*ee
flips i*akefr»t and diminiihed the liii ot ar.i
*lis it lit i ole as crotrabaud. Upon thr bahs hr
built reafoning hem'gfit have fp.ted, if he hats been
plea led to remember the art article ot ihe treaty of
•7«- , , .
1 ne fecretary hat alfo hern ^leafed ro reply in
part t<» the note of the upderhgtircl ii.inilicr pleni
potentiary, dared :h h Brum* ire, relative to the
prefh exerciftd nn the American failnrs, that the
Federal Government t*ere not to five an account
to unv nation of rhemeafurrs it tak-s for the pro
tecrioiTbf it* citizens ; iHindi an anfwvr 1» paired a
riply, the undrrfigned minifter plenipo.cntt.iry
would r« quell the lecretarv of ft»V o' observe, :hjt
tlie ofjecv 0i his note of C Brumaire and of his let
ters 01 tHc 9 and !0 Germinal laft, which are there
referred to, was not at all to know the fteps tak^n
by the Federal Government, for the protection of
its citizens,- but the m.ahires porfued by it for pre
venting irs citizen" from incre^flng the. mar.11irrtc
forces of the enemies of the French Rrp.jij.dc, its
ally. It is evident that in this cafe the h deral go
vernment lliould «spect, and the French republic
would have a right to regard, its lilence as a tacit
content to chat meal'ure and 1 real hostility.
. The under finned minifter plenipotentiary can no
longer he fit'peered of having demanded of the go
vernment of the United States, explanations foreign
to the rehi’C'S which tiil't between that govern
inent and the French republic, of having had che in
tention to wound the federal government, in lii5 let
ter cf 7 Vendeniair in the 41b year, fir.ee atrer the
pafsage cited by the fecretary of liate, is the fol
lowing paragraph. But lam convinced, it will
not be lo. 1 lie American government is too much
attached to the laws of an exact neutrality, it knows
too well 'hat the caufc of free people is licked to
tbit of France, to allow to be usurped by the Lin
glilh a right injurious to the inierelts of the repub
lic/’
“ ft is in this conviction that I have written to
vou this letrer, perfuaded that it is perhaps fuper
fluons to addrefs to you thefe reclamations, i c!o
not doubt biit /he American government will prove
to all Europe the intention it has of maintaining
the mult exact neutrality with regard to the btlli
gerenr powers, that it will oblige England to vio
late no longer the rights of nations, and that it will
not henceforward reduce France ro the pain of ad
dreffing new claims on this fubjtct/*
(No. 6 ) In the General Advertifer, piddilhed in
Philadelphia on the 91h of June, 1796, may he feen
the efueftions proposed by the Prefuknt on the 18th
of April, 1793, to the heed of the departments.
The underfilled minifter plenipotentiary contents
himfrlf with giving here ?n exrracr.
O’tefticn 2. Shall, a minifter from the Republic of
France be received 7
Queftion 3. It received, dial! it be sbfolurrly, or
witn qualifications, ami if with qualifications, of
what kind ?
Queftion 4. Are the United States obliged by
good faith, to consider the treaties heretofore made
with France as applying to the prelent lit nation of
the parties—may they either renounce 'hem or hold
them fufpended, till the government of France ihall
be Htabltihed ?
Qjeition ?2. Should the future regent of France
feacl a minifter to jghe United. States, ought he to
be received ?
( To be conduced id onr next.)
Congress otf the United States.
HoClSE OF REPRESENTATIVES.
i; Wednefday, Dectmber 14.
THK order of the day in committee of the whole
on rite draft of an anfwer to the Prefident’s
fpeech, was then taken up, Mr. Muhlenberg in the
chair.
On motthn of Mr. Venable, the word interior in
the fecond paragraph was (truck out, anti the word
<w>f?<rn fubfiituted, fo as to read—and 10 main
tain the irartf^niliiy of the rwtjlem frontier.”
Mr. Giles did not approve of the expressions con
tained in the reported anfwer to a very important
and delicate psft of the Prefideni'3 addrefs. The
prefent he faid was a very important crifls of our
affairs with refpect to France. He conftdered a
rnptcre betv»ee.1 this conn fry and France e« a
tnr£*‘ar<r£ * *ngf r. srd *n t! at vkr. J.e
together opprov*.* ci the claute 'in the report tb-t
hid relation to :he ;id jrct. I here was Iftnrdgi.
c»il y, he |u^geli«d its .. mending ihe p?ragraph . jie
w raid therefore ■ tf « »»i afftrnr.inriu more v. iu, a
view >f cxprtiiing his o jrttum ip the report, if.8t
it might, it the Li.mmineVl'0,:iurrrd wj»| |,.m
recommit’,ed. He withro the h.»tiie i<» rxprna un.
etpj! vocally their with >..r n pi «■ h r vat ini. of
v> 'i h t’uc I ren. I< Republic ; rh.it ihrnhj.tr of
hit motion, a (<g hi i o.centi the phrakolcev of it
con! i t><? httt inon-fi'd f>v a r? conn.! ■ me nt.
Hi3 mutton w i- t ) introduce the words marked
in 1: .slivs in* o tr-e *oll.»w mg imtence ;
•• Y-mr enri^vmirs to tiilfil that v Mh, and by all
hmr.<juralle Mr ant to trrf.ruc peace and to rtfiore thf ha jjj
ny a>id irtjtiUrU 'U.fti/J ta've l'tretifjTe Jo happily Jutj.ji {
h-invent me > finch K. puijic and toe Lasted 'talcst cun
I ii■ i. tail tnerelon "Vo lutereii our aiiruiion.”
Mr. Stif.ih, C. had no objection to ’he •’m-nd
1 mem. He coniideicii u a* n-ei ely an ant| lificatioa
| t»i the letitimem already c: htaitud in the report.—
! He. believed it was rb=. v« * I h ;♦ everyone topi*.
I (Vneptface; and he could nut o:j-ct to diiarino on
! that luhject in the a river, ifit was the with oi any
I one nutuber.
fyi;-. <\inf*wf,ncn ro Know me motion
I went to concluding the paragraph with the words
i s»v>ve fraud, or whether ttir rt:n iindtr of it was to
> {taii4 •„ in >fir reji-rt,
Mr. C ;irs it J_'i- it-C» h?r ibrfe might be a dif
1 rinc? ,tr.:ri iine*n nitru'luc^d to the 1 c.i;er parr < f the
: pJr.i^'u*pb. niter the preient had been difpo'td of.
I yi,. r* witbed toe inter,'.ions of the m.*«nb?r
| wjt it relpect tn the wb de pat -graph irmh? • edif
I ti lled at once. He logger*d, ih>( it w-s wtil that
I men.hers v hen rk-y agreed 17 amplify the .fiiir p4rt
! of the cl iul under it'fid what was oira. «. to
! hr thered in the latttr p.»rr. By the amendment,
I great reliance was to be placed on the rrench for
! he m/mtenmc» of harmony, anil if rhe l ift part of
i 1 he paragraph was tobeltruck out, none would
iVem to be placed on oucfeives. It might be more
1 patriotic, in the opinion oi fotne g- itlemro, to
p!a, e tilts gre3t reliance on a for* igu nation, and
htile on our hives ,• but f»r his own par; this was
nor his opiui >i».
; - Mr. Giles f.i.d thAt be Sad no idea of proposing
any amendment ro the remainder of the .<,1 it*- ia
any manner conn.-cted with 'hr prelent. He with
eri the Honfe to exprel.i in the fcrfi inftance un.-qui.
vocally tlHric {emimenrs with rclpect to the prt:cr.
[ v-arion of peace, and not leave th-?r opinions on this
j important head to b.* tieouced b) coii*n cu t ion, He
1 did not with il.is to be bone by referring to whit
the Preiidehi had exprtUc.l ; but that the Houfe
ifjould exp.-efs their own ft clings on the occalion.
He ‘ ontrmj.Lied, be inomitting another a*
me vinvnt after the prefer', one was tin.: fed. 'Inn*
l.e conceived no connection between the 1 ttu, yet he
would here, he laid, tVwion it 1// w*y oi informa
tion. This amendment w-s to the hitter part of
the fenteuce. 'I be drift of it was, by. a trifling 3I
termion, «o exprefs the reliance of :!r- Houle oil
the mutual jaltice and moderation ( f the two nar»*
ous |.»r a continuance o f harmony, and not a r: Tt
ance on the moderation and j-uftice of France t-nlj.
'File q ief1 ion was pm upon the ffrlt atnenriiiiwiiC,
and agreed to, nevi. an. as was alio the fecund a*
mem'iiirut.
Mr. P.rker objected to the lsft (Unle our one io
win. h the Amcncant* are made to bile ih* n.lelc'.'j
;he Jre.fi and wfl cvfigbienrd nation in tbt nxor’.d. Hr
moveo* t;>r iTnknig out thcle words, oLdervn g, that
though the fact were fo, we ought not to ot ilia
her-ld* of our own prailfi
Mr. Giles laid hr had objections to fevrj-st para
graphs of t he report ; to the whole of it (vim the
fir 11 clnufe inchilive. He wilhcd the whole of that
to be ftru«k out and the report recommit ted, .not
doubting but that the committee will be able fa
bring it forward again in a iiiape more conlonant
wjtli the teelirgu of the Houle, and more agreeable,
indeed, to thoic of the Prelidvnt.
Mr. Smith <h. C.V whifiled to knew whether'?
•would be in order to move to ltrike out dailies of
the report already agreed to.
T he Chairman decided tiiat futli clnofes as hid
not hern amended might be mov«-d to be (truck out,
Mr. Gilt s laid he chd not ol jtct to every feini
ment expteised in the portion or the report which
he moved to frrike our ; he hod no objection that
the addrefs Ihould be complimentary, but wilhed i;
to be In within the bounds of moclermion and jtil
tire. He would itate the parts wf-.icb he conceiv 'd
ohj-Ttimidole. He ol j ctcd ro the 6di paragrapn
hecaule he conceived in unnatural and utibecoming
to exulr at our prolperity by polling it pointed.v
in compariion with the calamities ol Europe, it
was nor necefsary to fell perlons unforiunatrly in
volved in acal niiry, that we were lo much happier
th?n they. This had no relation with the bulinei3
of the horde.
jn me nisi pncr, it nr iinou aium <>> 1
on, yet he would declare, ;'nat lie was not corn in*
ccd (hat the ncin*iniifra• ion of the government t('r,
thefeiix years lal'i pj-it had been wile and arm. ifr*
deed lie had oppoied every mealurc of 'heirs rn
yheting our foreign relations, and unlefs he could
be convinced that he had been wrong in that oppu1
lit ion, he could not be made to feel the ocilienceo.
that witdont. ll the meafure s of that adminiliratt
on with relpecf to foreign powers had been wue,
• t^e fltnojd not have been brought to the prefent rtt
fis ; a want of witdont and firmne's has conducto
the j ft.irs of the nation to a crilis which t hreatem
greater cahnrities than any that has before occur
If the reribrt bad been fo framed as to expre:* *