The eagle — Hanover, N.H., 1798-10-09 00:00:00, page 2

offending, being thereof couvifrd io
due form of law, ffiall be judged guilty
of a mifdemeanour, and be fubjed to
be fined in any sum not exceeding one
thousand dollar#, and to be imprifen
cd for any term not exceeding seven I
years, .
Sep r& And be it further enaaed, That
fy'3&ader tbe jift-dty of Decem
ber next, no bank now established, or
uhich (ball be heicafcer eftablifhcd,
which fhall:not, have compounded for
the duty hereby required, (hall iffoe a
baak hilt or pronyffory note, nakfa
upoapaper duty damped, and whereon
(he rcf,eai,e duties (hall have been
paid ; ^nd if the officer of any fuels
Hank or anypetfon or persons, employ
ed therein, ffiall thereafter issue any
biri or note, not damped as aforefaid,
ceor they fnall forfeit and pay a fine e
qua! to the value of the bill or note so
iffbcd^
Sec. 15. Andbe it further enaßed^^al
every person who shall be employed for
the marking or damping of vellum,
parchment, or paper, as afuiefaid, be
fore his anting in the marking orftamp
ingot rhe fid vellum, parchment, or
paper, shall take the following oath or
affirmation.
I [iafirt here the name of the per
fonj do solemnly „swear [or affirm at
ihe case may be] that I will according
to tEc best of myfrill, faithfully, hon
ttt|„ and carefully, execute the trust
ripbfcd in me, and will truly mark or
lUmp all vellum, parchment, or paper,
whi±h I ffiall be required or directed to
n^k of ftrap„and will render a true
and exalt account thereof to (he proper
officers, and will faithfully account for
ail monies which 1 ihall receive there
for.
Sec. 16. And be it further evaded,That
the said fepervifora of th, revenue, of
ficers, and other pctfons to be employ
ed by them, (hail, from time to t.me,
for the berer execution of their fevtral
duties and trulls, observe and execute
fych directions as they refpeftivtly
shah, from time to time, receive from
the department of Trea fury ; which de
p'artmenrlhxll take care that the fever
nl parts of the United States fha'l,from
time to time; Lu fufficiently furnifhed
with vellum, parchment, and paper,
damped or marked as aforefaid, so that
the citizens thereof may have it in their
election to buy the fame of the Officers
or perfon# to be employed in and about
the execution of this aft, at the usual
or most common rates above the said
duty, or to biiag their own vellum,
parchment, of paper, to be marked er
flapped as aforefaid.
See, 17 And be*farther exuded, That
as often as .any alteration pr renewal
(hall be made of, or in, Qefhmps be
fore in ole, or any of them, it dial! be
lawful icrull perfoes who (hall, at that
time have in their cuftedy or peffeffion,
any vellum, parchment,or paper, mark
ed with any marker fl,mp, which ffiall
be so altered or renewed, and upon
which aoy ofthe matters or things here
by charged) ffiall net have been -writ
ten or printed, at any time within the
space of sixty days, after the intention
of renewing or altering ffiall be noticed
as aforefaid, to bring or fend such vel
lum, parchment, or paper, onto feme
office of infpeftion ; and (he officerot
idfpt&ion to whorti they flhall be
brought or feat, is hereby required to
deliver or cause to be .delivered,.unto
the several persons who (hall so bring
and deliver any quantity of vellum,
parchment, or paper, the like quantity
of vellurti, parchment, or paper, arid as
gocd in quality, stamped with such new
stamp or mark, without demanding or
, taking, direaly, or indirectly, for the
fame any money °r other confiderattan
WhatfoeveY. And in ^^f^ <^
(hail neglect or refufe, within the time
abovefaid, to bring, ^or cause to be
brought and delivered onto feme offic
er of infpeaioo) an, such vellum;
parchment, or paper, the fame is hereby
declared to be of do other effedor use
than if it bad never been marked or
flapped; and all matters and things
which (hall, after that time, be writ
ten or printed thereon, (hall be' of no
other effect, than if they had been writ
ten or printed on vellum, parchment,
or paper not marked or damped : And
all persons who (ball write or print any
of the matters or things hereby charg
ed, oa fach vellum, parchment, or pa
per, after the said time, ffiall forfeit and
fiffer as hereinbefore is ena&ed for
persons writing er printing on vellum,
; parchment, or paper not marked or
fainped. I ^^^^
See. 18. Anile it farther enabled. That
all and every the officer and cSiera
who ffiall be concerned inihe levying,j
collecting, and receiving the dories a
rising by this aft, (hall keep a Separate
and diftinft account thereof, andfhaV,
pay or remit the fame as fpeedjfytyJ
may be, after it ffiall be received) ic.,
cording to the orders of the depart mens
of the Treasury.
Sec. rg. Andie it farther exuded. That
it (ball be lawful for the President of
the United States, to cause fbch fomsof
money, to be expended and paid from
time to time, for salaries, compensa
tions, and other Incidental charges, as
(hall be necessary in and for receiving,
collecting, levying, or managing of4 he
said duties, so as that the whole amount
thereof (hall not exceed five per centum
of the gross total product of the said
duties.'-
Sec. 20. And be it further enaaed,That
all fines, penalties,, and forfeitures,
which (hall be incurred by virtue of
this aft, ffiall be fu©d to and recovered
in the name of the United Stares, or of
the supervisor of the revenue within
whose diftrift, any such fine, penalty,)
or forfeiture (hall have been incurred,;
by bill or information, in any circuit
or diftrift cou'rt of the United States;
or in any court of either of the said
Stares ; one half thereof to the uh; of
the person, who, if an officer of infec
tion, (hall fifft dffcover, if other than
an officer of infpeaion,ffiall firft inform
of the cause whereby any such fine, pen
alty, or forfeiture, ffiall have been in
curred, (except in the cases in which a
different difpofiriou thereof may have
been herein before made) and the oth
er half to the use of the United
Sec& 21. And be it farther enalled^,k\'rt
this aft (hall continue and be in force {
for, and daring the term of, five years, ;
and'from thence to the end of the next ,
session of Cougrefs, and no!oag%,
**'o*maeow>fflffitaHi ftrern&£FQ # ^©jfeiuwi
PARIS, JU&Y 12, ;•
fetters, frem the MiniJier of Foreign feia
' tions t@ Mr. Gerry, Envy fern &C
--nited Slates, enclofag him tis fotypoit. j
AS long, Sir, as I had loom to Hauer,my- ।
(elf that I might fulfil the wishes of the Ex
ecutive Directory, by endeavouring in con
cert with you to re-establish the former good'
understanding between the French Republic
and the United States, I exerted my bed ef
forts both in my conferences end in toy cor
respondence with you,to facilitate the meins,
to establish the basts, to enter on the bulfoFfs,,'
and to convince you of the utility with wiich
your presence at Paris mull be attended —lp
was in your character of Envoy from the A
merican government that I received you, nd
that I wrote to you ; it depended upon yobr
felf to be publicly received, end admitted by
the Executive Direaory. Without coincid
ing in the opinion with you,that any changes
have been induced by the departure of
Messrs. Pinckney and Mar(hall id the all
powers in which I read thal y,u were author
ifed to treat separately, it appeared 10 me,
ihatimhe very hypothecs in which you plac
ed yourfelf, you ought to refer the queflita
to your government, and in the interval, bix;
with mCj in a calm and friendly ,difcu!h#,
upon all the diff table point/ oa which &e
differed. This way of proceeding ,„he|
more natural, because without attending to
the premature information which yotit gov-,
ratal has obtained of the offer to treat
with you after the departure of your col
leagues, my note, of the aßth Ventofe,
March 18, which mud have reached Phila
delphia towards the end of Floreal, left net
a (badow of doubt on this fsbjea—lt^coh-.
tains three object perfcQly diflin&—it be
gins by re&ifying, with the dignity th^ be
longs to the French government, the jh^
mint of grievances made by the Umte<
States, and drawn out by their envoys,tithe
inverted order of fa&s, the preceding 28 Nf
vofe, Jan. 17; it next points out the motive,
that prevented the negotiation being carried
on with the envoys colle&ively. It no ally
declares, io the mod folemu manner, toe#
iatory difpohtioes of the Executive Directo
ry, and its format desire of returning, between
the two countries, the ties of their ancient
amity, and the intention of treating with
you. Sach an explicit declaration could^not
have been made but with the view of furoifr
ing the President of the United States with in
fallible means of coming to an accommoda
tion. It was throwing down a pledge of
peace in order that it might be taken up. I
presume to think that fau^oald not be long
without receiving analogous iuftruaions, and
even other powers, were they neceffuy ; er,
at lead, that if you had announced to the Pre
sident a defirc of returning to America, some
other envoy would come and accomplish the
happy talk which we ffiould have had the Gtr
ilfaaion of preparing. ,
To hopes, thus solidly founded, there were
added some observations ou ~tho internet
iences that stranded your departure.^lgave
you to underfeed, that natwithflartdiog your ,
affarauces to me, no one would bclicc: ih#t
it proceeded fofely from your own incline-1
tion, from a thorough conviaion of the in
validity es you, powers, or from a desire of
feeing the bufineh of the negotiation entail
ed to other hands. I observed to you on the
lconjectures to which it would give rife ; on
,the meansit would furnifh to the British cab
inet, that fparcs no pains in its endeavour# to
drive France and the United State# to ex
tremities, from which it alone would derive
advantages ; and even on the very fafpiciona
that it must call up in the mind of the French
government. I endeavoured to make you
fee intbits poffiblc confequcnces ; but a va
riety of circumfianecs occurred, which have
already retarded the reconciliation of the two
republics ; it is but natural for him who feels
afiocere solicitude for peace, to be under ap
prehenfioni left new obflacles fhoald arise to
retard it. Thele considerations which 1
ffiall ever recoiled with pride, induce me to
oppose the desire which you bad exprelTed of
quitting France. But you peremptorily in
lifted upon it io your letter of the ued inst.
The DireSory has consequently authorifed
me to furnish you with the passports which
you have requested for yourfclf and for the
vessel that awaits you at Havre. You have
them tclofcd. May b you return to the U
nited States and the commaaicarion of what
has palled between us, fioce you only have
represented your government, remove the in
jurious opinion of hoflile intentions on the
part of France I You have frequently assured
me, that, if you could not treat here as en
voy, yeur good offices fbould net be wanting
as a citizen on your return to the United
States, It were impoffibfe for you to render
a more Ggnal service to the two countries
than by contributing to make their political
and commercial relations accord with their
inclination and their intereH.
Alfure your government that the Execu
tive Direaory perseveres in the intention of
loyalty, and &ferely endeavouring to recon
cile the differences that have arisen between
th< Trends republic and the United States,
as soon as ag Opportunity of so doing (ball'
fball be fiaccrely held out. If it be really
true, that the dispositions of your government
are prepared to co-operate, let them but give
a proof of it, and yen beforehand may an
swer for its success. You cannot diffembb,
Sir, that if nothing bad prevented you from
fallowing up with me the examination and
the red/effing of the grievances which divide
the two countries, we (bcdld not long Hand
in fitted of any thing but our refpe&ive ratifi-
I cations. Who can entertain a doubt of the
Itiocenty.of ths French government, when it
(hall be known that for nearly three months
every, fpecific felicitation came frem me, and
that in faithful compliance with the engage
ments I coßtra&ed in my note of 28 Vcntolc,
March is, was the Gift fcrioufly to press for
ward tiic bwfnrcf> of rbe ne^otiatr^r* =A v - &L+
departure of Messrs. Pinckney and Marfball?
Jt will not, I trust, be said that a refufal to
treat with them argued an wawilliagnefs to
come to a conciliation, whereas that refufal
was accompanied with a promise to treat with
you, and your full powers reprefentad you as
a person who was authorifed to treat feparatc
ly. To that document ihall I inccflantly ap
peal, because it is the balls of the opinion
which your government ought to have form
ed, and that even by admitting you were tied
down by secret reftri&io:<, I could not in my
mind oppose what I do not know from the
trust due to your ofteufible authority.
Yes,Sir, when scarcely acquainted with the
departure of Melfa. Pinckney and Marlball,
Imade it a point in every conference which I
bild with you from the moments to evince to
you the urgency, the propriety, arid the peffi
bility of an active negotiation. I laboured to
ibco^cile them, and / I was about to transmit
proposals to you whea a packet front your gov
ernment arrived at Havre. You then seemed
preparing to depart. Till then I never had
imagined that you conceived the design of em
barking till we had come to an agreement up
on the definitive articles to be ratified by year
government. A few days after I received
force dispatches from Philadelphia, which for
a moment gave a new turn to my cerrefpoa
deace with you. Upon the Bed Prairial,
June 40, I notified to you, that the disposi
tions of the Executive Dire&ory were the
firmer and I requeued you to inform me,
whether you were in a Situation to negotiate ?
Upon the 30 Prairial, June 18, I transmitted
you a complete plan of negotiation. Upon
the 9th Meffidor, June 07, I lent yOU my fitft
note far difeuffion upon one of the points of
our treaties which are not put in execution in
she United States. You declined to make
any reply to it. It is oecefTary, however, to
be agreed upon the details of a fab] e&, in or
der td arrive at any conclusion. —Upon the
18th Meffidor, July 6,1 font you two other
notes! In vain I accompanied these papers
with the,moft cordial invitation rapidly to,
ran oftr this series of indispensable d^uffiona
upon all our grounds of complaint. You nev
er eten gave me an opportunity «> P ro ], to
yonfrith how much liberality the Directory
were disposed to a& in this matter. You con
tinued only to write for your permtffion to de
part. Yet it is the French Republic on which
the blame is laid in the United States, of be.
iggsverfe to peace I Perfidious instigators will
inUnnau that it has always baen averse to g.
I (hall go back therefore to the firft period,
: when symptoms of diicoctcat manifeft them
'fekes, that is to fay, on the arrival of the Min-
&r Genet, at Philadelphia, in Prairial, ift
year.—A uaiverfal joy appeared at the de
clarations which he was authorized to make.
He then expressed the amicable and generous
intention ofthe French Government, which,
powerful io the national energy, abflaioed
from reclaiming the aid of its allies. In a
(boa title forae of its proceedings gave um
brage : toey were the efta of a zeal ill adap
ted to circumstances, and unfortunately flill
worfa interpreted. The Pichdeut made bis
complaints in France at the end of the fame
year. The Committee of Public fafefy gave
immediate (atisfaßion ; and other agents ar
rived at Philadelphia in the beginning of Ven
tofe, year 2. Their inftruaions wiH bear the
utmost publicity. Not to interfere in any par
ty affairs ; to refpc& the government , to
prompt it to maintain its neutrality with vig
our ; to repress all armaments which migb(
endanger it ; to maintain the rights secured
to France by treaties. Such is the fubjea of
these iriftruflions ; such, further, were the
inftruaions given to the Miaifter Adet, who
fuccceded these agents in thaysar 3. Surely
nothing can be more pacific. Neveitbelefu
the righ^ of France are insensibly affc&ed;
the melt important chufes of her usages are
rendered insignificant. Her ships experience
the mod discouraging vexatious; England
(ports with impunity with the neutrality of
the United States, which becomes a feurce of
great loft to France, which placed too much
confidence in it. A tranfa&ion, elandeftiaely
negotiated, concludes with cQablifhing to the
disadvantage of a power at amity with the U.
States, the prcteofoas of its m^ implacable
enemy.
From that time forward thereh;s been noth
ing between the„American Government which
the representations embarraf% and the minify,
ter plenipotentiary of the French Republic
who were bound to make them, but a corres
pondence which has gradually risen in point
of asperity. The French government has
never interfered. It baa reeled in the hope
that the true interest of the United _Sta.tc&
would lead th^m to difeover rh^t ^ritata w^v
drawing them into her vortex Far from as
suming a hollile attitude, ,it affi&d indiffer
ence, in erder to be patient cenfiftearty with
dignity. The number es comphißts which
were presented compelled it at length to ack
in a different manner. On the 25th Brum
aire, November 5, year 5, a declaration wu
made of the grounds of complaint, and in or
der to bring about.a negotiation, too long de
ferred, it drav.s from the treaties of Paris and
London the arguments best calculated to re
celcrate it. It was animated by no EoQile
view ; no difoohrio, towards aggression. In
order to obtain justice from the United States,
it places them in a gtuatioa to be the firl ito
call for an arrangement. Let u: fee whether
i; has rejected asy honourable propofol..
Mr. Pinckney had let oat befste the de
r al^w^L^A —cut -klip n&.k Prom^-r^, which sus
pended the accuflomed relations. He came
to replace M. Monroe, and like him to ex*
plain and palliate the condu& es the United
States, without any ffaial powers refpeaing
the negotiation desired of France. He could
not be received, not being in a fituatioo to
perform the conditions implied under a re
famption of political connection. The Pre
sident of the United States thought it hi, du
ty to call an extraordinary meeting of the leg
islative Body. I (hall not review his open
ing speech, nor the turn which the debates
took in the ceurfe ofthat feffioo. I Aral! on
ly fay the impression thoy made at Paris was
unfavourable previous to the arrival of the
Envoys ; that this circmmHr.ncc alone has
railed an ebftacle which ought to have been
forefeea at Philadelphia, that the Envoys
rhemtelves, unwilling to obferva the natural
cffe& of Inch provocation, contributed to ren
der its <ffc& more durable. It,howe,cbas
finally made to yield to the primitive define
of a fineere reconciliation. A proof of tins
you fee in the expedient fuggeftedef treating
with you feparately,for a government hoßilc -
ly disposed would not have yielded to that
delicate bias which prefervris honour, yet gives
effe& to pacific intentions. You h^ve given
ma to underfond, Sir, that it would have
beat proper for the Executive Direaory to
have backed the declarations I have madein
their name by a change in the me,fores which
affe& the commerce of the United States. I
can answer to you that our government had
fufficicutly afcertai,ed its objc&,in conform
ing, from the beginning, to the French re
public the rights which flow from its treaties,
but let us be less exa&iug, and more equita
ble, one toward another. Though the intaf—
urea taking bv France are only the conse
quence of these adopted by the United States,
you mull have remarked, in my proportions
of the 30th Prairial (June 18) that the in
tention of the 'Executive Dire&ory is, that
their refpe&ive pretention! Ihould De exarn
iacd and regulated collaterally, hint,nds to
mark, in one afl,. a durable monument of
the future friendship of the two republics—
the justice which they owe to each other ; &
every idea of falfe glory is dilUnt from its
mind.
- In taking leave of you, Gr, I have thought it
my duty to give.you thi , tefliffiou, of ^y cf.
teem. —& is roanifed in the an^o rained con%
s'fidance with which I have addffed yoe, mod
in the regrets which I feel from your depart
ure iu the existing circumftancee. (Signed)
VCH. M. TALLKYRANO PxRIGQRO.
P. S. 17 Meffidor [Jal, 15]— A circura
fare es infinite importance has retarded&s