Herald of the United States (Warren, R.I.), 1806-02-15 00:00:00

Gerald of the United States.
WARREN:—PUBLISHED NEAR THE POST-OFFICE, BY NATHANIEL PHILLIPS.
[No. 20, of Vol. XIV.]
SATURDAY, FEBRUARY 15, 1806.
[Whole No. 686.]
WEEKLY ALMANACK.
   FEBRUARY ☉ ℞ ☽ ℞ SEASONS REMARKS.     15 Saturday, 6 46 6 45 5 47 5 47 Low tides.   16 Sunday, 6 45 6 52 5 30 5 30   17 Monday, 6 43 6 52 7 13 7 13   18 Tuesday, 6 42 6 52 7 56 7 56 N. Moon, 10h.   19 Wednesday, 6 41 6 43 8 40 8 40 [am. morn.   20 Thursday, 6 39 6 45 9 23 9 23   21 Friday, 6 38 6 47 10 3 10 3  
Publick Official Documents.
DOCUMENTS RESPECTING OUR CONNECTION, &c. WITH THE EX-BASHAW OF TRIPOLI.
MESSAGE
From the President of the United States, respecting the application of HAMET CARAMALLI, Ex-Bashaw of Tripoli. [Read in the House of Representatives of the U. S. the 13th of January, and referred to Messrs. Clay, J. C. Smith, Nelson, Crowninshield, Gannett, Fisk, and Dickson.]
To the Senate and House of Representatives of the United States.
I LAY before Congress the application of Hamet Caramalli, elder brother of the reigning Bashaw of Tripoli, soliciting from the United States, assistance to his services and sufferings in the late war against their state; and in order to possess them of the ground on which that application stands, the facts shall be stated according to the views and information of the executive.
During the war with Tripoli, it was suggested that Hamet Caramalli, elder brother of the reigning bashaw, and driven by him from his throne, meditated the recovery of his inheritance, and that a concert in action with us was desirable to him. We considered that concerted operations by those who have a common enemy were entirely justifiable, and might produce effects favorable to both, without binding either to guarantee the objects of the other. But the distance of the scene, the difficulty of communication, and the uncertainty of our information, inducing the less confidence in the measure, it was committed to our agents, as one which might be resorted to, if it promised to promote our success.
Mr. Eaton, however, our late consul, on his return from the Mediterranean, possessing personal knowledge of the scene, and having confidence in the effect of a joint operation, we authorized commode Barton, then proceeding with his squadron, to enter into an understanding with Hamet, if he should deem it useful; and as it was represented that he would need some aid of arms and ammunition, and even of money, he was authorized to furnish them to a moderate extent, according to his prospect of utility to be expected from it. In order to avail him of the advantages of Mr. Eaton's knowledge of circumstances, an occasional employment was provided for the latter as agent for the navy in that sea. Our expectation was that an intercourse should be kept up between the ex-bashaw and the commode; that while the former moved on by land, our squadron should proceed with equal pace, so as to arrive at their destination together, and to attack the common enemy by land and sea at the same time. The instructions of June 5th, to commode Barton, show that a cooperation only was intended, and by no means an union of our object with the interests of the ex-bashaw; and the commode's letters of March 22d, and May 19th, prove that he had the most correct idea of our intention. His verbal instructions, indeed, to Mr. Eaton and capt. Hull, if the expressions are accurately committed to writing by those gentlemen, do not limit the extent of his cooperation as vigorously as he probably intended; but it is certain from the ex-bashaw's letter of January 3d, written when he was proceeding to join Mr. Eaton, and in which he says, "your operation should be carried on by sea, mine by land," that he left the position in which he was, with a proper idea of the nature of the cooperation. If Mr. Eaton's subsequent convention should appear to bring forward other objects, his letter of April 29, and May 1, views this convention but as provisional, the 2d article, as he expressly states, guarding it against any ill effect, and his letter of June 30, confirms this construction. In the event, it was read, that, after placing the ex-bashaw in possession of Derne, one of the most important cities and provinces of the country, where he had resided himself as governor, he was totally unable to command any resources, or to bear any part in cooperation with us. This hope was then at an end; and we certainly had never contemplated, nor were we prepared to land an army, of our own, or to raise, pay or furnish an army of Arabs, to march from Derne to Tripoli, and to carry on a land war at such a distance from our resources. Our means and our authority were merely naval; and that fact were the expectations of Hamet, his letter of June 29, is an unequivocal acknowledgement. While, therefore, an impression from the capture of Derne might still operate at Tripoli, and an attack on that place from our squadron was daily expected, Capt. Lyster thought it the best moment to listen
to the overtures of peace then made by the bashaw. He did so, and while urging provisions for the United States, he paid attention also to the interests of Hamet; but was able to effect nothing more than to engage the release of his family, and even the persevering in this demand suspended for some time the conclusion of the treaty.
In operations at such a distance it becomes necessary to leave much to the discretion of the agents employed; but events may still turn up beyond the limits of that discretion. Unable in such a case to consult his government, a zealous citizen will act as he believes that would direct him were it apprized of the circumstances, and will take on himself the responsibility. In all these cases, the purity and patriotism of the motives should shield the agent from blame, and even secure a sanction, where the error is not too injurious. Should it be thought by any that the verbal instructions said to have been given by commode Barton to Mr. Eaton, amount to a stipulation that the United States place Hamet Caramalli on the throne of Tripoli; a stipulation so entirely unauthorized, so far beyond our views, and so onerous, could not be sanctioned by our government; or should Hamet Caramalli, contrary to the evidence of his letters of Jan. 3d, and June 29th, be thought to have left the position which he now seems to regret, under a mistaken expectation that we were at all events to place him on his throne, on an appeal to the liberality of the nation, something equivalent to the replacing him in his former situation, might be worthy its consideration.
A nation by establishing a character of liberality and magnanimity, gains in the friendship and respect of others more than the worth of mere money. This appeal is now made by Hamet Caramalli to the United States. The ground he has taken being different, not only from our views but from those expressed by himself, on former occasions, Mr. Eaton was desired to state whether any verbal communications passed from him to Hamet which had varied what we saw in writing. His answer of December 5th, is herewith transmitted, and has rendered it still more necessary, that in presenting to the legislature the application of Hamet, I should present them at the same time an exact statement of the views and proceedings of the executive, through this whole business, that they may clearly understand the ground on which we are placed. It is accompanied by all the papers which bear any relation to the principles of the cooperation; and which can inform their judgment in deciding on the application of Hamet Caramalli.
TH: JEFFERSON.
January 13, 1806.
Extracts of a letter from the Secretary of State to Mr. CATHCART, dated August 22, 1802.
ACCORDING to information given by Mr. Eaton, he has prevailed on the brother of the Bashaw of Tripoli, to repair to Malta, with a view to be with our squadron before Tripoli, and to be made use of against the bashaw. At this distance, it is difficult to judge accurately of the project, or to give particular instructions for the management of it. Although it does not accord with the general sentiments, or views of the United States, to intermeddle with the domestic controversies of other countries, it cannot be unair in the prosecution of a just war, or the accomplishment of a reasonable peace, to take advantage of the hostile cooperation of others. As far, therefore, as the views of the brother may contribute to our success, the aid of them may be used for the purpose. Should this aid be found inapplicable, or his own personal object unattainable, it will be due to the honour of the United States, and to the expectations he will have naturally formed, to treat his disappointment with much tenderness, and to restore him, as nearly as may be, to the situation from which he was drawn, or to make some other convenient arrangement, that may be more eligible to him. In case of a treaty of peace with the ruling bashaw of Tripoli, perhaps it may be possible to make some stipulation, formal, or in formal, in favour of the brother, which may be a desirable alleviation of his misfortune."
To all who shall see these presents, Greeting.
Know ye, That reposing special trust and confidence in the zeal, fidelity, and abilities of William Eaton, I do hereby appoint him agent of the navy department of the United States of America, for the several Barbary regencies.
In testimony whereof, I have hereunto subscribed my name, and affixed the seal of the navy department of the United States of America, at the city of Washington, this 26th day of May, 1804.
(Signed)
R. SMITH.
Secretary of the Navy.
Registered, CH. W. GOLDSBOROUGH, Chief Clerk of the Navy Department.
Copy of a letter from the Secretary of the Navy to WILLIAM EATON, Esq. dated May 30th, 1804.
SIR, HEREWITH you will receive an appointment as Navy Agent for the several Barbary regencies.
You will receive instructions from, and obey the orders of commode Barton; and will render to our squadron in the Mediterranean every assistance in your power.
As a compensation for your services you will be allowed at the rate of twelve hundred dollars per annum, and the rations of a lieutenant in the navy of the United States.
I am respectfully, &c. (Signed) R. SMITH.
Extracts of a letter from the Secretary of the Navy to Commode SAMUEL BARRON, dated January 6th, 1804.
WITH respect to the ex-bashaw of Tripoli, we have no objection to your availing yourself of his co-operation with you against Tripoli, if you shall, upon a full view of the subject, after your arrival upon the station, consider his co-operation expedient. The subject is committed entirely to your discretion. In such an event, you will, it is believed, find Mr. Eaton extremely useful to you.
"Col. Tobit Lyster, our consul-general at Algiers, is invested by the President with full powers and authority to negotiate a treaty of peace with the bashaw of Tripoli, and also to adjust such terms of conciliation as may be found necessary with any of the other Barbary powers. He is, therefore, to be conveyed by you to any of these regencies, as he may request of you, and you will cordially co-operate with him in all such measures as may be deemed the best calculated to effectuate a re-mission of the war with Tripoli, and to insure a continuance of the friendship and respect of the other Barbary powers."
Commode BARRON to Captain HULL.
Sept 13th 1804.
THE state and condition of the Argus, under your command, requiring that she should go into port, for the purpose of refitting, &c. I request you to proceed with all practicable expedition to Malta, or Syracuse, and there refit your vessel, which being completed, you will take on board, two months provisions and water, and proceed for the port of Alexandria, and if so ordered by me, Smyrna, you find any American vessels, you will give them convoy as far as Malta, and immediately after join the squadron off his place.
You will take under your care the ship St. Michael, in excepted by the squadron, in the attempt to enter the blockaded port of Tripoli. You will find commode P'leble at Malta or Syracuse, with 2 other ships, captured in making the same attempt. You will receive his orders with respect to the disposition of the St. Michael, cause all her papers to be delivered to him, and furnish him with all the information you may be able to gain from her crew, &c. on your passage. You will inform the commanders of vessels you may find at Syracuse, that I shall be off Tripoli."
Verbal orders of Commode BARRON to Capt. HULL of the United States' brig Argus in presence of the undersigned on board the President.
September 15th, 1804.
THE written orders I have handed you, to proceed to the port of Alexandria or Smyrna, or convoying to Malta any vessels you may find there, are intended to disguise the real object of your expedition, which is to proceed with Mr. Eaton to Alexandria, in search of Hamet Bashaw, the rival brother, and legitimate sovereign of the reigning bashaw of Tripoli; and to convoy him and his suite to Derne, or such other place on the coast, as may be determined the most proper for co-operating with the naval force under my command, against the common enemy; or if more agreeable to him, to bring him to me before Tripoli.
Should Hamet Bashaw not be found at Alexandria, you have discretion to proceed to any other place for him, where the safety of your ship can be, in your opinion, relied upon.
The Bashaw may be assured of the support of my squadron at Bengazi or Derne, where you are at liberty to put in, if required, and it can be done without too great risk. And you may assure him also, that I will take the most effectual measures with the forces under my command, for co-operating with him against the usurper, his brother, and for re-establishing him in the regency of Tripoli. Arrangements to this effect are confided to the discretion with which Mr. Eaton is vested by the government.
Attent,
ISAAC HULL, WILLIAM EATON.
CONVENTION
Between the UNITED STATES of AMERICA and his Highness HAMET CARAMALLI, Bashaw of Tripoli.
GOD IS INFINITE.
ARTICLE I. THERE shall be a firm and perpetual peace and free intercourse between the Government of the United States of
America, and his highness HAMET CARAMALLI, Bashaw, legitimate sovereign of the kingdom of Tripoli, and between the citizens of the one and the subjects of the other.
ART. II. The government of the United States shall use their utmost exertions, so far as comports with their own honor and interest, their existing treaties, and the acknowledged laws of nations, to re-establish the said Hamet Bashaw in the possession of his sovereignty of Tripoli, against the pretensions of Joseph Bashaw, who obtained said sovereignty by treason, and who now holds it by usurpation, and who is engaged in actual war with the United States.
ART. III. The United States shall, as circumstances may require, in addition to the operations they are carrying on by sea, furnish the said Hamet Bashaw, on loan, supplies of arms, ammunition and provisions, and if necessary require, debarkations of troops, also to aid and give effect to the operations of the said Hamet Bashaw by land against the common enemy.
ART. IV. In consideration of which friendly offices, once rendered effectual, his highness Hamet Caramalli Bashaw, engages on his part, to release to the commander in chief of the forces of the United States, in the Mediterranean, without ransom, all American prisoners, who are, or may hereafter be in the hands of the Usurper, said Joseph Bashaw.
ART. V. In order to indemnify the United States against all expenses they have, or shall incur in carrying into execution their engagements expressed in the 2d and 3d articles of this Convention, the said Hamet Bashaw transfers and configures to the United States, the tribute stipulated by the last treaties of his majesty the King of Denmark, of his majesty the king of Sweden, and the Batavian Republic, as the condition of peace with the regency of Tripoli, until such time as said expenses shall be reimbursed.
ART. VI. In order to carry into full effect the stipulation expressed in the preceding article, said Hamet Bashaw pledges his faith and honor, faithfully to observe and fulfil the treaties now subsisting between their majesties the kings of Denmark and Sweden, and with the Batavian Republic.
ART. VII. In consideration of the friendly disposition of his majesty the king of the two Sicilies towards the American squadron, his highness Hamet Bashaw invites said Sicilian majesty to renew their mutual friendship, and proffers him a peace on the footing of that to be dishonourably concluded with the United States of America, in the fullest extent of its privileges, according to the tenor of this convention.
ART. VIII. The better to give effect to the operations to be carried on by land in the prosecution of the plan, and the attainment of the object pointed out by this convention, WILLIAM EATON, a citizen of the United States, now in Egypt, shall be recognized as general and commander in chief of the land forces which are, or may be called into service against the common enemy. And his said highness Hamet Bashaw engages that his own subjects shall respect and obey him as such.
ART. IX. His highness said Hamet Bashaw grants full amnesty and perpetual oblivion towards the conduct of such of his subjects as may have been seduced by the Usurper to abandon his cause, and who are disposed to return to their proper allegiance.
ART. X. In case of future war between the contracting parties, captives on each side shall be treated as prisoners of war, and not as slaves, and shall be entitled to reciprocal and equal exchange, man for man, and grade for grade, and in no case shall a ransom be demanded for prisoners of war, nor a tribute required, as the condition of peace, neither on the one part nor on the other. All prisoners on both sides shall be given up at the conclusion of peace.
ART. XI. The American consular flag in Tripoli shall for ever be a sacred asylum, to all persons who shall desire to take refuge under it, except for the crimes of treason and murder.
ART. XII. In case of the faithful observance and fulfilment on the part of his highness, said Hamet Bashaw, of the agreements and obligations herein stipulated, the said commander in chief of the American forces, in the Mediterranean, engages to leave said Hamet Bashaw in the peaceful possession of the city and regency of Tripoli, without dismantling its batteries.
ART. XIII. Any article suitable to be introduced in a definitive treaty of peace, between the contracting parties, which may not be comprised in this Convention, shall be reciprocally on the footing of the treaties subsisting with the most favoured nations.
ART. XIV. This convention shall be submitted to the President of the United States for his ratification. In the mean time there shall be no suspension in its operations.
Done at Alexandria, in Egypt, February 29, 1805, and signed by said Hamet Bashaw for himself and successors, and by William Eaton on the part of the United States.

Additional Article Secret.
HIS highness Hamet Bashaw will use his utmost exertions to cause a surrender to the commander in chief of the American forces in the Mediterranean, the usurper Joseph Bashaw, together with his high admiral called Mourad Rais, alias Peter Lisle, to be held by the government of the United States as hostages, and as a guarantee of the faithful observance of the stipulations, entered into by convention of the 23d February, 1805, with the United States, provided they do not escape by flight.
EXTRACTS.
Mr. Eaton to Captain Hull.
Grand Cairo, Jan. 8, 1805, 3 P.M.
SCARCELY had my letters of this morning gone off by your courier express, when a letter from Hamet Bashaw came to hand, of which the following is a copy, by translation:
"Thanks be to him to whom gratitude is due. To our friend and the very good friend of our highness, the American agent, Mr. Eaton.
"We have received your letter, and after having understood the contents, we gave thanks to God, for having preferred your health. Know that I am ever the same as you knew me at Tunis; my friendship is constant and uniform; but you have been tardy. We must, however, make this delay subserve a good purpose.
"From the date of the present I shall leave this for Behera, and shall there take quarters at the house of the Arab chief Abdelgiver el Be Kourchi, where I propose to you to meet me. I have written to my subjects and to my minister Mahmoud Kogea, and also the governor of police, Mohammed, son of Abdulrahman, that they may treat with you; and whatever you conclude with them, will be ratified by me. Your operations should be carried on by sea; mine by land; and may God assist us to re-establish peace and harmony. The 28 Namadan, 1216.
(Signed)
HAMET BASHAW, Son of Ali Bashaw Caramanli.
The date of the Bashaw's letter corresponds with the 3d instant. The place of meeting about 8 hours march from Alexandria, so that he will probably arrive thither before we can with you.
COPY.
Captain Bainbridge to George Davis, Esq. at Tunis.
Tripoli, Jan. 27th, 1805.
SIR,
I HAVE been anxiously expecting to hear from you, and to receive some information on the determination of our government. Not one word on that subject have I yet heard. I am anxiously expecting letters from commodore Barron. I believe the bashaw is very desirous of peace, and has great apprehensions of the intended attack, and was a negotiation to be attempted, I think it very probable that it would succeed, for the apprehension of the attack might have as great an effect as the attack itself; and should the attack prove unsuccessful, he will no doubt continue in demanding a considerable sum. As I am quite ignorant of the force that will be brought against this place, I cannot give any opinion of the probable effect it may have. We offer our most fervent prayers that the greatest success may attend it. I cannot say what the bashaw's demand will be, but I believe he would take at this moment much less than what he demanded of commodore Preble last August. Our funds are all exhausted, and bills on Tunis are at a great exchange against the drawer. Pray have you heard of Eaton? In your next, which I anxiously expect soon, I shall receive a great deal of news I hope. I assure you, was it not for our friend Mr. Niffon, we should suffer considerable for necessaries in our close confinement; but he is a friend in need, of course, a friend indeed.
P.S. By the Danish consul. "The bashaw is now very attentive upon your transactions with his brother in Alexandria. A camp is going against Derne. Give me leave to tell you that I found your plan with the bashaw's brother very vast, and that you sacrifice your prisoner's lives here in case of success."
EXTRACTS.
William Eaton, Esq. to the Secretary of the Navy.
Alexandria, 13th February, 1805.
THE letters which have passed between captain Hull and myself, copies of which are herewith annexed to a duplicate of that I had the honor to address you on the 13th December, convey a detail of our transactions since that date. The apprehensions then entertained of impediments on the part of the Mameluke beys were just. The bashaw separated himself from them with his suit immediately on receiving my first letter from Cairo, and repaired to Fium, a neutral province; but the evening of his departure thirty Arab chiefs were put in chains by the Mameluke bey Osman Bey Berdici, to prevent their following him with their tribes. Of four copies of the viceroy's letter of amnesty, which I dispatched by different conveyances, not one reached him. Three mates, in disguise of Arabs, charged with one of them, entered the Mameluke camp, were arrested, the packet taken from them, and they sentenced to death. They intoxicated the sentinel, who was an European renegado, and escaped to Fium; by whom the bashaw obtained the first information of that act of grace, and it was not till he joined me at Demenbour, that he first saw the letter. This has delayed our measures, and given us embarrassments. My three enterprising mates are with me, but we have no returns from any of the other three couriers.
"The bashaw had already determined to take the desert of Lybia to Dene, giving for his reason, which I think a sound one, that by taking shipping and separating himself from the Arabs, they would lose all patience, if not confidence also, and abandon his cause. He has consequently moved round to the lake, and will to-morrow take his station at Araba Ton, 30 miles westward of the old port of Alexandria, where I am to join him with a detachment from the city next Sunday, and proceed with him to Bomba, at the head of 500 men, and there take post. Meantime capt. Hull repairs to the rendezvous for suitable reinforcements and supplies to secure an establishment at Derne and Bengazi. Those provinces in our possession will cut off from the enemy and turn into our own channel a source of provisions, and will open a free intercourse with the interior of the country. I have requested of the commodore, for this purpose, 20 hundred stand of arms with cartridges, and two brass field pieces, with trains and ammunition, and also a detachment of 100 marines, if necessary, to lead a coup de main.
"I calculate the whole expenditure of cash in this expedition, including expenses in Egypt, will amount to 20 000 dollars. Further disbursements and supplies will be necessary to carry this plan to its final effect. But to indemnify the United States, I have entered into a convention with Hamet Bashaw, to pledge the tribute of Sweden, Denmark, and the Batavian Republic; which convention I shall reduce to writing, and forward by capt. Hull, if time permit; otherwise by the earliest occasion. [See the preceding page.]
"Day before yesterday, an envoy arrived in a ketch from Jussuf, bashaw of Tripoli, to the governor and admiral of this place, for the express purpose of prevailing on them to stop Hamet Bashaw from going out of the country. Intelligence of our having left Syracuse for this place, with a view of taking him away, was conveyed to the enemy by a resident at Malta, known by the name of Sobquet H. Court Gallini. I do not know his real name. The agent made great promises in the name of his master to these Turkish commanders; but perceiving they seemed not to have full faith in his assurances, he resorted to the sensibility of their compassion; said, if Hamet Bashaw was permitted to return, Jussuf must fly the kingdom, or lose his head. The subjects of Tripoli were getting weary of the war with these new infidels; they could not learn from their movements their intentions, and were attacked unaware: the bashaw believed he could resist them upon his batteries; but if they made a descent with his brother, his people would all leave him. This statement comes from the private secretary of the governor, who is secured in our interest, who heard the cause of Jussuf Bashaw argued before the governor and admiral. I don't learn what effect it has taken, but if the client has not the means of touching a more sensible nerve than a Turk's pity, his case is forlorn. At any rate we are secure against the influence, by the secure position we have taken. Except therefore, some unforeseen accident thwart us, my next will be dated at Bengazi. The Arabs and Moors are universally with us, and if we had the means of subsistence, we might march 20 or 30,000 from the borders of Egypt, who from time to time have taken refuge here since the usurpation of Jussuf Bashaw.
(To be continued.)
Late Foreign Intelligence.
By the arrival at New-York of the ship Nancy, from St. Lucar, the Editors of the New-York Gazette were put in possession of the following information which Capt. Sheffield had received in manuscript from the American Consul.
OFFICIAL ADVICE FROM GERMANY.
THE 13th Nov. last, the French army entered Vienna. The Imperial Austrian Court had retired to Brunn, in Moravia. The 14th a body of the French army entered Presburg, in Hungary: the same day his Imperial and Royal Majesty Napoleon organized Austria into a Government. Gen. Clark is appointed Governor General. Each of the conquered circles are placed under a superintendancy.
Monsr. D'Arm, Counsellor of State, is appointed Superintendent General.
The Russian army has offered to capitulate, provided they be permitted to return to their country.
His Imperial Majesty Francis II. would wish to make a like capitulation.
Several bodies of the French army were in pursuit of the Russians, who were in full retreat towards Brunn. The Germans write that the Russians in their retreat commit many violences, robbing, plundering and murdering as they go along.
General Kleine was entering Bohemia.
The kingdom of Hungary offers to capitulate, which will be granted.
Near 3000 pieces of brass cannon, and about 200,000 muskets have been taken.
Among the great number of prisoners made by the French army, there were an infinite number of French emigrants, particularly some that were in Italy during the last war with the Emperor Napoleon, who far from ordering them to be consigned over to a Council of War to take their trial, said to them, "You have now no other country left to emigrate to, ye are pardoned; return to your country and follow the example of your glorious countrymen."
LATEST.
By the arrival of the Schooner Mercury, at the Vineyard, captain Samuel Cook, in 42 days from Bordeaux, we are politely favoured by capt. Cook (who has arrived in town) with papers as late as December 3, 1805 from which we made the following summary. [SALEM REGISTER.]
THE second Russian army had not been able to join General Kutusow, as the French had reached Vienna before that army touched the Danube. According to the 26th bulletin, Gen. Murat apprehending a junction of the Russians after signing of the convention, proceeded towards Znaim, and on the 17th this place was the head-quarters of the French Emperor. The Russians were upon the retreat towards Brunn, the capital of Moravia, and the French in pursuit of them, but in consideration that the Emperor of Austria was in that city, the French did not continue their march.
From the correspondence respecting Hungary, we learn that the Archduke Palatine, by Gen. Palfy, announced to the French, that without intentions of hostility, the kingdom of Hungary would be guarded from the depredations of the Austrian army, relying on the disposition of the French to prevent any excesses. And Gen. Davoust of the French army declared that the French Emperor was ready to consider Hungary as neutral.
General Clark was appointed Governor General of the Upper and Lower Austria. In the surrender of Vienna, the French came into the possession of immense military stores. Above 1000 field pieces came into their hands, besides other ordnance, and a vast quantity of powder.
The following is a Statistical account of the successes of the French, as given at Ratisbon, by a person acquainted with the dominions of Austria. The French have taken all hither Austria, and the Imperial fiefs in Swabia, a great part of Bohemia, upper and lower Austria, a part of Moravia, the kingdom of Hungary, which submitted of its own accord to France, Syria, Corinthia, Carniola, and part of Istria; all the Venetian territory so called, and all the Tyrol country. These states and provinces have 18 millions of inhabitants.
The French column which passed the Danube at Lintz, reached Badweis, and took the magazines in that place. On the 11th Nov. Gen. Hiliers entered Pilsen, in Bohemia, with 14,000 men. The Austrian Duke Ferdinand, who had made this place his head-quarters, retreated to Beraun. In consequence, orders have been given to evacuate Prague, and to retire to Olmutz. The capitulation of Kuffstein, in the Tyrol, was obtained by the Bavarian troops. Four hours were given, on the 7th Nov. to the garrison to determine. The 25th bulletin explains the capitulation of the Russian army, after the action at Hollabrun. Baron Wintzingerode was aid-de-camp-general of his Russian Majesty, and proposed to capitulate. The Emperor of France refused his consent, as the Baron had not due powers, but as it was announced that the Emperor of Russia was near, if that prince should ratify the convention, it should have the signature of the French Emperor. The event is given in the next bulletin. In the Tyrol, the Archduke was in great danger of being surrounded, but he had formed a junction with his brother the Archduke Charles, at Leybach. Since the last bulletin from Italy, it is reported that the French division which had entered Gortz, was upon the march to Trieste, the Austrian port on the
Adriatick. The accounts of the situation of the city of Venice, are contradictory. It has been said that some measures, by consent, had preserved this city from any present interruption.
Domestic Occurrences.
MASSACHUSETTS.
BOSTON, FEBRUARY 7.
Capt. Treadwell, who arrived on Sunday, in 43 days from Bilboa, furnished a summary of the intelligence contained in a Bayonne paper of Dec. 5, 1805. It appears that BONAPARTE had made his triumphal entry into Vienna about the middle of November. Several of his subsequent bulletins and orders were dated at the palace of the Austrian Emperor, where Napoleon had taken up his quarters. He had enjoined on the soldiers to respect the persons and property of the inhabitants of the German capital, and he had appointed a Governor of the PROVINCE OF AUSTRIA.—A body of French troops had taken possession of Presburgh, an important city on the Danube, capital of Lower Hungary, and 32 miles S.E. of Vienna. But the further progress of the French in this direction is expected to be stopped, as the Hungarians were negotiating peace, which there was a prospect of obtaining, though on hard terms. Through Hungary lay the roads to Turkey, in Europe. A division of French troops had made an incursion into Bohemia, and many columns are stated to have penetrated into Moravia, which is towards Prussia, Swedish Pomerania, (where a Swedish and Russian army are assembled) and Russia. It is hardly probable the French will proceed far in this direction (northwardly) this season.
A Russian army, under General Winzingerode, had capitulated to Prince Murat. This army is said to have consisted of 50,000 men, but this doubtless is a great exaggeration.
The French army of Italy was marching to form a junction with the Grand Army. The Austrian army of Italy, under Prince Charles, appears to have had no other retreat than into Hungary.
The latest news from the armies is to the 17th of Nov.
NEGOTIATION WITH HUNGARY.
General Count Palfy, commander in Presburgh, wrote to the French General Davoust, proposing a pacific conference with him; who answered, by order of Napoleon, that the Emperor of the French was ready to consider Hungary as neutral, and command his troops to halt, if the Archduke Palatine would withdraw his troops, cause no rising of the people, furnish Vienna regularly with provisions, and conclude, in short, a complete peace. That if the Archduke should consent to treat on such terms, he might send an envoy to Vienna. As the capture of Presburgh appears to have been made since this proposal, we have some doubts whether a peace with Hungary was concluded.—Palladium.
SPANISH MINISTER.
We believe the following statement, from the Richmond Enquirer, (a demi-official paper) places the conduct of the Marquis D'Yaruzo in its true light. [New-York Gazette.]
Extract of a letter from a Member of Congress to a Member of the House of Delegates, dated Washington, Jan. 21.
"Nothing has happened here that I am at liberty to communicate, worth your attention, except the conduct of the Spanish Minister. The marquis, you know, has his residence generally at Philadelphia.—His conduct has been so disobliging to the government, that his recall has been requested. This requisition met with due attention at the court of his Catholic majesty; but as he himself signified a desire to return home, his government wished, if it was agreeable to ours, that it might assume the shape of a voluntary act: to this there could be no reasonable objection, and it was consented to. Hearing he was about leaving Philadelphia for this place, it was intimated to him that his presence would not be agreeable. Disregarding this intimation, he came, and upon his arrival, an official note was addressed to him desiring

bis departure. To this he wrote an answer full of insolence and abuse, and continues here, bis party declaring that he is vested with full powers to adjust all differences with us, and complaining of the conduct of the executive in not seeing him. This course he has undoubtedly adopted to render the government unpopular; for I cannot believe it a fact that bis master would trust to bis care such important negotiations, after the application for a recall—even if true, the dignity and honor of the government forbids bis reception after what has passed. I believe it has been seriously deliberated whether it would not be proper, under bis present conduct, to seize and ship him."—Richmond Enquirer.
A letter from Cadiz mentions, that 10 ships only, out of 33, which were in the engagement with the English, off Cape Trafalgar, remained; and only two of them were worth repairing, viz. the Pluton, and the San Justo, Spanish.—N.Y. paper.
Capt. Hubbard, arrived at New-London, in 35 days from St. Kitts, informs, that the Cork fleet, a few vessels excepted, had arrived at Barbadoes in safety; and had met no French squadron. The fleet captured by the Rochfort squadron, cannot, therefore, have been the Cork fleet.—ib.
The Legislature of New-York commenced a session at Albany, on the 25th ult. The Governor, in bis address, recommended attention to the fortifying of New-York harbour. He observed, that from the small sum lately reported to Congress, nothing efficient was to be expected from that quarter; and that he inferred from the report alluded to, that the federal government contemplated the defence of our harbours by gun-boats principally; which, in bis opinion, could only be effectual, when in connection with land batteries. He stated, that the State had an unexpended balance of upwards of 500,000 dollars, which might, according to an existing law, be appropriated for the defence of the harbour. He advised, that provision should be made for supplying the militia with arms at the expence of the State; and that there should be an annual appropriation of 100,000 dollars for that purpose; and a manufactory established.
The President of the U. S. has accredited M. FELIX DE BEAUJOUR, as French Consul-General, near the United States.
An attempt has been made to assassinate Thomas Paine. A musket was fired at him through a window of bis house. The person who made the attempt was taken, but admitted no bail.
FIRE.—At Marcellus (N.Y.) on the evening of the 17th of January, the house of a Mr. Fowler was destroyed by fire. All bis children, (four) perished, and bis wife was much burnt. Mr. Fowler was absent.
FROM ST. JAGO DE CUBA. DECEMBER 19.
"The Good Intent" Henderson, of Salem, was captured coming from Leghorn, bound to St. Jago, and detained. without the least shadow of justice.—This vessel was brought in by capt. Alexander Dupay, who previously robbed him at sea, of bis register clearance from St. Thomas, and then alleged a deficiency of the said papers, plundered part of the cargo, and keeps possession of the rest.—The French agent for Guadalupe has refused the said captain Henderson either a hearing or redress.
"Schooner John, Donaldson, of Philadelphia, was captured by the said Dupay, from Jamaica, bound to St. Marks—he plundered part of his cargo, and still detained his vessel, without giving him any kind of satisfaction.
"Schooner Traveller, Goodrich, of New-York, captured by the said Dupay, from Marcybo, bound to New-York—he was detained about ten days, and released without damages.—Sailed in company, this Dupay, commander of the schooner Alexander, of Guadalupe. We are informed, that the atrocities and outrages committed on neutral property by both French and Spanish frigates in the neighbourhood of St. Jago, are unparalleled; vessels bound in any direction are subject to capture by their privateers, and when brought in, the Spanish government refuse to interfere in all cases where the French are concerned. A neutral brig cleared from St. Jago for New-York, (the Sultana) in due form, was brought back by Dupay, detained some time, and finally released without any damages.
"A certain Don Augustine Pedrero, of St. Jago, placed a small privateer at the mouth of the harbour, to way-lay all neutral vessels coming in, and actually took several, and compelled the captains or supercargoes to consign their cargoes to his address, before releasement. On a representation of this grievance to the governor, it was redressed, and a promise given that the Americans should not be molested in future. It is, however, the general opinion at St. Jago, that nothing but a naval force stationed about that island, can completely put a stop to illegal captures. The Spaniards are actually afraid to check the French; and the English cruisers are more desirous to re-capture neutrals for the sake of salvage, than to suppress the privateers."—Boston Gazette.
WARREN: SATURDAY, FEBRUARY 15. 1806.
WE understand, that fourteen persons, concerned in counterfeiting Bills of different Banks, have been arrested, and are in confinement, at Providence.
The widow of the late Dr. HOPKINS, of Newport, is a sufferer, by the late fire at Salem, to the amount of 4 or 500 dollars, books in sheets.—Mr. HANEY CUSHING, of Providence, 200 dolls.
The report of the capture of the Rochfort Squadron, by Admiral Stirling, is not confirmed.
DETACHED MILITIA.
The Bill authorizing a detachment of One Hundred Thousand Militia, and appropriating Two Millions of Dollars for their pay and subsistence, was read a third time in the House of Representatives of the United States, the 27th of January, and passed by a large majority.
The Hon. JOSEPH H. NICHOLSON, Member of Congress from Maryland, has been appointed a Judge of the Superior Court in that State.
The Virginia Revenue, for 1806, is estimated by a Legislative committee at 290,131 dollars. The expenditures are calculated at 331,716. Deficiency, 41,585.
A CURIOUS OCCURRENCE.
A few days since, a young man, at Sullivan, (Maine) which lies on Frenchman's bay, saw a Fox go down to some eel-grass which lay on the shore, and roll himself up in it, so that no part of him could be seen.—He then went into the water, and swam off to a flock of Coots, which were playing in the water at considerable distance. He sprung upon one, and returned with it in his mouth to the shore. The young man went to the place;—Reynard loosed himself so closely pursued, that he left his prey on the beach, and made his escape.
[Bucksport paper.]
FROM A LONDON PAPER.
The establishment of the present Family in France OF BONAPARTE.
 NAPOLEON the first 44,000,000  Madame Bonaparte 4,000,000  Joseph, the elder brother 3,000,000  Relations of his wife 200,000  Lucien's establishment 1,500,000  His wardrobe, &c. 3,200,000  His late wife's relations 4,000,000  Debts paid for him 300,000  Annuity to an Innkeeper's daughter, relation of his late wife 3,000,000  Louis's establishment 200,000  Debts paid for him 3,200,000  On his marriage 1,200,000  To his wife on the marriage 600,000  On the birth of the first child 600,000  Jerome's establishment 1,500,000  Deposited in foreign banks for him 1,000,000  Madame (Bonaparte's mother) 3,600,000  To six of her relations 500,000  To Napoleon's uncle, (Bishop of Lyons) 1,400,000  To his sisters 1,000,000  Bonaparte's wife's mother 2,100,000  Young Beauharnais's establishment 800,000  To a butcher, second cousin of Napoleon 300,000  Other relations and dependents 11,950,000  Private expences, 3 years, 8, 9, 10 95,100,000  Total livres (near to million sterling) 188,750,000 
MARRIED.
At Johnson, Mr. JEREMIAH TAYLOR to Miss BETSEY WILLIAMS, daughter of the late Mr. George Williams, of Smithfield. At Georgetown, (Potomac) Mr. NICHOLAS HINGSTON, merchant, of Alexandria, to Miss ELIZABETH BLOOMFIELD, sister to the celebrated author of the "Farmer's Boy." At Middleborough, DAVID RICHMOND, Esq. to Miss DOLLY WASHBURN.—Mr. BELA FORBES to Miss ALICE WASHBURN. In Bridgewater, Mr. ISAAC CURTISS to Miss MERITABEL WALES.
DIED.
At Providence, much lamented, Miss SALLY KEENE, aged 35, eldest daughter of the late Major Charles Keene.—Mr. JONATHAN BUCKLIN, aged 93. At North Providence, Mr. OLIVER CARTER, aged 67. At Cranston, JOHN RICE ARNOLD, Esq. aged 65. At Smithfield, JOHN FENNER, Esquire, aged 79. At Johnson, Mrs. NANCY KING, aged 47. At Charlestown, (Ms.) the widow ANNA WINSHIP, aged 100. At Newport, Mr. THOMAS T. TIEREL, aged 66. At Boston, CONSTANT FREEMAN, Esq. aged 77, for many years keeper of the Almshouse.—Mrs. MARGARET BALLARD, aged 85.—Mr. DAVID JONES, aged 29.—Deacon WM. BOARDMAN, aged 82.
SHIP NEWS. STATE OF RHODE-ISLAND. DISTRICT OF NEWPORT.   ENTERED. FROM  Sloop Nancy, Finch, Norfolk  — Aurora, Caboune, New-York  — Columbia, Bordent, Ditto  — Abigail, Hazard, Ditto  Schr. Molly, Nichols, Alexandria  Brig. Lucinda, Shaw, Port Antonio  — Russell, Newton, Havanna  CLEARED. FOR  Sloop Connecticut, Billington, Edenton  — Success, Jeffers, Boston  Schr. Pegalus, Hudson, Havanna  Brig. Dilpatch, Shearman, New-Providence  — Friendship, Taggart, Wilmington  Ship Frederick Augustus, Potter, Charleston 
DISTRICT OF PROVIDENCE.   ENTERED. FROM  Sloop Maria, Gardner, Block-Island  Schr. Ocean, Barney, North-Kingstown  Brig. Hiram, Mauran, Matanzas  — Hiram, Briggs, St. Lucia 
DISTRICT OF BRISTOL.   ENTERED. FROM  Sloop Experiment, Jacobs, Havanna  Schr. Union, Eddy, For Havanna 
PROVIDENCE, FEB. 8. Arrived on Monday, brig Hiram, Mauran, from Matanzas, after a passage of 23 days. Spoke, Jan. 27, brig Bee, Savage, of York, Province of Maine, from Valencia (Spain) out 77 days, for Boston. Arrived on Wednesday, brig Hiram, Briggs, in 23 days from St. Lucia. Left there the following vessels: ship John Drew, Conners, of Edenton, for New-York in 6 days; Moses, Leamon, of Wiscasset, for Wilmington in 2 days; brig Freedom, Fletcher, of Kennebec, in 12 days; schrs. Success, Harreld, of Portsmouth, for Martinique in two days; Union, Dehon, of Kennebec, in 3 days; Columbia, Russell, of Bristol, for Wilmington in 14 days; Betty, Toft, of Bristol, in 8 days; Dolphin, Robins, of Ipswich, in 5 days; Columbia, Briggs, of Berkley, for Turks-Island in 2 days; Minerva, Lewis, of Falmouth, for Charleston in 4 days. The ship Columbia, Rodman, of this port, from Algiers, arrived at New-York on Tuesday last. The brig Planter, Harris, of this port, is arrived at St. Croix.
NEW-YORK, FEB. 5. Arrived, the ship Columbia, Rodman, of Providence, in 50 days from Algiers. Left at Algiers, the brig Echo, Clark, of Boston, from St. Ives for Venice, condemned by the Spaniards; and ship Calpe, Jones, of Norfolk, do. At Gibraltar, ship Aurora, of Portsmouth, from Leghorn for India, with 45,000 dollars on board, condemned on a plea of her being bound to an enemy's port; brig Ann, Cory, of Charleston taken on her passage from Malaga, trial to come on in 4 days. Spoke, Dec. 17, in lat. 35, long. 8, Cape Spartel E. and S. 50 leagues, the brig Hector, Lovett, 30 days from Beverly for Leghorn, a British frigate then in sight—most probably the Hector, was sent to Gibraltar. Jan. 17, in lat. 25, long. 70, 30, fell in with a frigate's mast, and took from it some rigging, apparently burnt. It is with regret, we mention, that the ship St. Cuthbert, from Calcutta, with a cargo of sugar and piece-goods, ashore at the Hook, is bilged, and has 9 feet water in her hold. Nine lighters, with all the piece-goods, and some of the sugars, came up last evening. The greatest part of the sugar is under water.
PHILADELPHIA, FEB. 3. Arrived, brig Mercury, Keayon, Calcutta 127 days. Left, ship Virginia, Spear, of and for New-York, left from Batavia and Madras—had buried the captain and first mate. Passed in the river Hoogly, dropping down, the brig Oriole, Bray, of and for Marblehead. Nov. 22, Cape Lagullis bearing N. N. W. distant 8 leagues, was brought too and had the jolly-boat taken away from us by the French privateer Napoleon, Capt. Le Nouvelle, of 36 guns, from the Isle of France for Boston. They treated us very politely, and paid nearly the value of the boat. Dec. 16, in lat. 19, long. 8, spoke the ship Gen. Davie, of Plymouth, N. C. 74 days from England for the Coast of Africa. Also, brig Superior, Denabre, Martinique 24 days. The Superior was boarded on her passage by an officer from the British frigate Cleopatra, who after overhauling her men, detaining her 5 hours, and breaking open all her letters, though otherwise behaving very politely, let her pass.
Extract of a letter from Lisbon, dated the 5th December, 1805.
"Since our last of the 16th ult. four cargoes of Flour have arrived from America, which are offered at 9,600 rls. per barrel, but cannot be f.l.d. We have had large importations of wheat both from England and the Levant, and great reduction in prices is fully expected. We may want some supplies for the spring, but flour should not stand laid down here more than from 8 to 9 dollars per barrel, to leave any margin for profit."
Sale at Auction.
To be Sold at PUBLIC VENDUE, ON MONDAY, the 17th of FEBRUARY, inst. at Nine o'clock, A.M. (if fair weather, if not, the first fair day)—
A FARM, Containing about 60 acres of Land, lying in SWANZEY, on the road leading from Providence to Sled's Ferry; with a good Dwelling-house, and a Well of Water; Joiner's Shop, Barn and Crib thereon. Said Farm is well proportioned with Orchard, Meadow, Tillage and Wood Land, and is well watered and walled. Said Farm will be sold together, or in lots, as may best suit the purchasers.
ALSO, LIVE STOCK, HAY, and FARM-ING UTENSILS. Conditions made known at time and place of sale. WILLIAM SALSBURY. Swansey, Feb. 15, 1806.
Bristol-Road LOTTERY.
Warranted undrawn Tickets in the BRISTOL-ROAD LOTTERY, may be had at this Office. Feb. 15.
WOOD for sale.
TO BE SOLD, (IN LOTS OF ONE ACRE EACH) At Public Vendue, On WEDNESDAY, the 19th inst. (if fair, if not, the first fair day) at One o'clock, P.M. on the Premises, 6 Acres of excellent Wood Land, in Barrington, about one mile from Kelly's bridge. The right of soil will be reserved, and the term of three years given to take off the wood in.—Conditions of sale.—Notes with approved endorsees, payable at Warren Bank, in 90 days. N.B. The Wood may be seen at any time previous to the sale, by applying to MATTHEW WATSON. Barrington, Feb. 15, 1806.
Cotton Warp and Filling.
A LARGE supply, of various numbers, at the Factory prices, per bundle or otherwise, for sale by the subscriber, opposite the BAPTIST MEETING-HOUSE. WHERE ALSO MAY BE HAD, Best American
LINSEED OIL, per barrel or less quantity, on as good terms as can be obtained at the Mills. European, East & West-India GOODS, &c. &c. PASCHAL ALLEN. Warren, Feb. 8, 1806.
WHEREAS I have contracted to support DAVID PEARSE, during his natural Life, and he has lately abandoned from my House, I hereby forward all Persons from harbouring or trusting him on my account, as I will not pay for any boarding or other charge on his account, but will receive and provide for him. BENJAMIN MARTIN. Barrington, Jan. 29, 1806.
RANGING TIMBER.
WANTED immediately, 10,000 feet of RANGING TIMBER, for which Cash will be paid on delivery—any Person wishing to Contract for the same, will call on the Subscriber:—Also Wanted,
Two or three APPRENTICES to the ROPE-MAKING BUSINESS, apply to CHARLES WHEATON. Warren, Jan. 31, 1806.
State of Rhode-Island and Providence Plantations, } January 30th, 1806.
THE Creditors of WILLIAM BARTON the second, of Warren, in the county of Bristol, butcher, are hereby notified to appear, if they shall think fit, at the General Assembly, to be holden at East Greenwich, on the fourth Monday of February next, then and there to show cause, if any they may have, why his petition for the benefit of an act, passed in June, A.D. 1756, entitled, "An Act for the relief of insolvent Debtors," ought not to be granted. SAMUEL EDDY, Sec'y.
THE Subscribers being by the Honorable Court of Probate, for the Town of Barrington, appointed Commissioners to receive and examine the Claims and Demands against the Estate of FRANCIS DEDERICK HUNT, late of said Barrington deceased, represented insolvent, and six months being allowed for that purpose:—We hereby notify the Creditors of said Estate to exhibit their claims against said Estate to either of us, at our respective dwellings, within said time, or they will be precluded by Law.
SOLO. TOWNSEND, jun. } Com. JOHN SHORT, jun. } Barrington, Jan. 13, 1805.
N. B. All who are any way indebted to said Estate are requested to make immediate payment, to AMARIAH LILLY, Adm o .
APOLLO'S FOUNT.
From the MASSACHUSETTS MAGAZINE. PITY.
To Pity's mild breast shall the sigh Which is breath'd from the bosom of woe, In language resistless apply For the boon which she loves to bestow. Should fortune deny the rich store, Which could free from the anguish of need, Yet the tears of compassion would pour, And the heart of benevolence bleed. ALOUETTE.
SPANISH MINISTER.
A translation from the French of the Marquis de Casa Yrujo's circular, addressed to the different foreign ministers accredited near the United States. Philadelphia, Jan. 21, 1806.
THE want of correctness which appears to prevail throughout the article, relative to Spain, of the message which the President of the United States sent to Congress on the third instant, compelled me to transmit on the 6th of said month, to the Secretary of State, the note of which I have the honor of including to you a translated copy. The extreme publicity given to said message, as well as to the documents relative to the above mentioned article, sent to Congress some time after, caused me to hope that government, from the ostensible purity of its intentions would also have published my note, as its publication would have tended to present the affairs in question under their true point of view. I have been waiting in silence

for more than forty days in expectation of this act of justice, but I have waited for it in vain; and as no hopes any longer remain of seeing it verified, I have thought it my duty, sir, to transmit you a copy of this document, for the information of your court, with the object, that whatever may have been the light under which the President of the United States may have thought proper to present the conduct of Spain, it may be known that the king my master, in his political relations with the United States, has always manifested that good faith, so well known, which is the true character of his government, acting towards them always with justice, and very often with generosity.
Accept, sir, the sentiments of high consideration, with which I have the honor to be, your most obedient humble servant.
(Signed) The Marquis of Casa Yrujo.
P. S. I authorize you, sir, to give copies not only of my note, but even of the present letter.
[TRANSLATION.]
SIR, Philadelphia, Dec. 6, 1805.
The zeal with which I have endeavoured to preserve the harmony and good understanding betwixt Spain and the United States, has caused me to read with particular regret the article of the president's message, sent to Congress the 3d instant, respecting the political relations betwixt the United States and the king my master. As in the exposition to which I allude, there exist in my opinion, several mistakes of a delicate and important tendency, although I render to the president due justice in regard to the motives which may have caused this apparent want of correctness, yet my character imposes on me the task of entering into an examination of some of his assertions, and of demonstrating that either from the want of exact information or owing to defective translations, they appear in some cases not altogether correct.
In the article of the president's message relative to Spain, after mentioning that the negotiations for the settlement of the existing differences had not had a satisfactory issue, he says, "spoliations during the former war for which she had formally acknowledged herself responsible, have been refused to be compensated, but on conditions affecting other claims in no wise connected with them . Yet the same practices are renewed in the present war and are already of great amount." It is very well known that in a state of war, there exists and will probably ever exist, a certain abuse of force, confided to subaltern hands. Even the United States themselves have not been an exception to this general rule, and during the short period of hostilities with France, in the year 1798, notwithstanding no privateers were armed and that their protecting forces consisted only of a small number of frigates, neutrals experienced from them many injuries, well authenticated by the numerous claims on this government by the injured powers, principally on the part of Denmark and Sweden.
Probably there might have existed last war some abuses of this nature, although very rare, on the part of the royal navy of Spain, but the king, my master, animated by that love of justice, which characterises him, authorised his principal secretary of state to sign a convention with the American minister near his person, in which were stipulated reciprocal compensations for the damages and injuries their respective subjects and citizens might have sustained from officers, or individuals of either, contrary to the right and laws of nations. This stipulation, similar to that of the same nature in the treaty of friendship, navigation and limits, concluded in 1795, and scrupulously complied with by my sovereign , would now have had the same effect by the ratification of the convention, had not an article been inserted therein tending to impose on Spain the obligation of a responsibility both detrimental and important in its result, as well as unsupported by reason and justice under the existing circumstances. My court has in a direct manner, as well as through me, repeatedly manifested to the American government its readiness to carry the said stipulation into effect, whenever the article in the same convention relative to the above mentioned responsibility, should either be ap-
pressed or altered in a manner more conformable to justice, and has been so far from refusing to satisfy said compensations on account of either claims in no wise connected with them , that it was precisely because they are connected , that the said convention has not been carried into effect, as was and still is the wish of the king my master.
It is true that the two subjects, by their nature are not connected with each other in themselves, but it is also true, that this connection is very great, when we consider that an endeavor is made to form out of these two things, distinct in themselves, component parts of the same whole ; thereby, placing the king, my master, under the disagreeable dilemma of either refusing to ratify a stipulation which he conceives to be just, and therefore wishes to fulfil, or else of taking on himself a responsibility, more or less direct, in favour of the United States, to which it is well proved they have no right to pretend.
In regard to what concerns the new spoliations, I can assure you, sir, few are those that can strictly merit this denomination on the part of Spanish vessels, as many of the captures, which so frequently figure in the American papers, arise either from acts of contraband, or from a want of having on board the documents required by the treaty of 1795, or even from other circumstances which the captains and owners of said prizes will take good care to conceal; besides, on this head, the citizens of the United States would receive that justice which they have already experienced on the same subject, in virtue of the treaty of 1795. I cannot but observe that although I had the honor of communicating to you, sir, two months ago, that the strictest injunctions had been given by the king, my master, not to interrupt the navigation of American citizens, when employed in lawful trade, no mention is made by the president of this circumstance, as highly important in its effects towards the American commerce, as it is necessary to demonstrate his just and pacific intentions.
Without any view to recrimination, I find it necessary to observe, that although the violations of the rights of neutrals are infinitely more frequent and extensive on the part of England, whose vessels of the royal navy have almost continually blockaded the ports of the United States, and what is more, when this power daily establishes new principles on the rights of neutrals, which, in reality, tend to undermine and annihilate them—the name of Great Britain is no where to be found in the columns of the President's Message.
The circumstances in themselves would not authorize any animadversion on my part, were it not for a most essential one which immediately affects the interests of the king, my master—I allude to the many thousand American sailors violently forced from the shelter of the flag which ought to protect them, and compelled to fight on board of British ships of war, against the subjects of the king, my master. I cannot but call the attention of the government of the United States towards such a conduct, that in their wisdom, they may adopt the necessary measures to correct an abuse, which at the same time that it violates their neutrality is extremely prejudicial to Spain.
The President adds, "On the Mobile, our commerce passing through that river continues to be obstructed by arbitrary duties and vexatious searches." Although this assertion is not accompanied by any observation whatever, which might cause it to be viewed as a national offence, I must observe, that according to my information, the duties on imports and exports are very moderate, only 6 per cent.*
* NOTE.—It is necessary to remark, that the navigation of the Mobile, which appears to furnish the President a motive of complaint, is enjoyed by the Americans in consequence of a gracious indulgence on the part of Spain; as no right does exist, to navigate the waters of that river within the boundaries of Spain, who holds, exclusively that right grounded on sovereign possession, on the opinions of the most celebrated civilians, and supported by the very principles of law.
that every power has a right to regulate as they please these objects within the boundaries of their jurisdiction, and that this exercise of sovereignty is practised by the American government at Fort Stoddert; that is, within their lines, without any pretension on the part of Spain to interfere in their regulations. But even admitting it may be troublesome, it never surely can be pretended as a national offence.
He afterwards says—"Propositions for adjusting amicably the boundaries of Louisiana have not been acceded to." This assertion is not strictly correct; for it is, and always has been, the wish as well as the intention of Spain, to adjust amicably the limits of Louisiana; but however friendly (amicably) may have been her disposition towards it, she cannot sacrifice thereto either the dignity or rights of her crown; so that it was not, as the President supposes, owing to the want of a desire of adjusting amicably , that this business was not concluded; but rather from the nature of the proposals, which were in themselves inadmissible. The paragraph continues.—"While the right is unsettled , we have avoided to change the state of things, by taking new posts, or strengthening ourselves in the disputed territories, in the hope that the other power would not, by a contrary conduct, oblige us to meet their example, and endanger conflicts of authority, the issue of which may not easily be controlled; but in this hope we have no reason to lessen our confidence." In truth, I cannot comprehend what the president can call unsettled rights ; and still less, if he wishes to apply it to that part of W. Florida comprehended within the Mississippi, Iberville, the lakes, and the river Perdido. The right of this territory cannot be considered as unsettled or doubtful; for independent of that right arising from actual possession and from the treaty of retrocession of Louisiana to France, there is another conclusive circumstance, well known to the American government, which ought and must dissipate every doubt, if any could ever exist on this subject. The most distinguished civilians agree, that the true interpreters of a treaty, doubtful in any of its clauses or expressions, are the contracting parties themselves, when this can be obtained. Spain and France, who were the contracting parties in the treaty of retrocession , on which is founded that of late, of the 30th of April, from whence the pretensions of the American government emanate, have explained it in the manner already known to you, sir; namely that it was not the intention of Spain to cede to France more than she had received from her, as the title and word retrocession made use of therein, clearly imply; and that France never would have pretended or hoped to obtain one inch of land east of the Mississippi, Iberville and the lakes. The true intention of the contracting parties being thus expressly manifested , I shall content myself by copying a single paragraph from Vattel , among many other similar ones which I could produce from other civilians, in support of the rights of the king, my master, on this subject. In paragraph 274 of "The Interpretation of Treaties," Vattel says—"When we manifestly see what is the sense that agrees with the intention of the contracting powers , it is not permitted to turn their words to a contrary meaning.—The intention sufficiently known furnishes the true matter of the convention, of what is promised and accepted, demanded and granted. To violate the treaty, is to go contrary to the intention sufficiently manifested, rather than against the terms in which it is conceived; for the terms are nothing without the intention throughout to dictate them." According to this, the position taken by the president, in the said paragraph of his message, that the right (no doubt alluding to the territorial right) was
doubtful or unsettled , is inadmissible, and of course all the inductions and consequences he draws from this supposition, fall completely to the ground. Besides, whatever alteration or change might have taken place in the territories of his Catholic majesty could never have been, as I have had the honor to inform you, sir, but the effects of a new plan of frontiers, which the retrocession of Louisiana would of course render necessary; or else it might proceed from the circumstance of Spain's being engaged in a war with England; but never with a view to disturb the peace and good understanding betwixt Spain and the United States.
The president continues saying, "inroads have recently been made into the territories of Orleans and the Mississippi; our citizens have been seized and their property plundered in the very parts of the former, which have been actually delivered up by Spain, and this by the regular officers and soldiers of that government."
Although I have not on this subject more information than that received through the American newspapers, whose accounts cannot be supposed very impartial, nevertheless supposing them correct in all their extent; from those I have read, it is neither proved, nor do I think it possible to believe, that the officers and soldiers of the king, my master, have crossed the American line, to commit within the jurisdiction of the United States the pretended inroads. The first example of these inroads was given by several American citizens , who, in August 1804, penetrated thro' the territory of Baton Rouge, and aided by the brother Kempers, and other malcontents of the Spanish side, made an attempt to surprise and render themselves masters of the fort of Baton Rouge, and actually arrested some magistrates and other persons of note. On this subject I had the honor of speaking and writing to you, sir, in due time, but I am hitherto without the least answer. If the seizing of American citizens ("our citizens have been seized") has any reference to the arrest of the Kempers, I must in the first place declare, that according to my late information these Kempers are not American citizens , because when they settled themselves in the Spanish territory, they became subjects of the king , and of course had lost their rights as American citizens; and in the second, that the arrest of these persons, according to a letter from Natchez of the 8th October last, published in the United States Gazette, of Philadelphia was effected by negroes, mulattoes and American citizens , who, no doubt expected some recompence, delivered them within the Spanish lines , from whence it appears, some Spanish soldiers took charge of to conduct them to Baton Rouge. It is true, that it has also been said, that a part of a company of cavalry commanded by a certain Capt. Jones, had entered another part of the line and had conducted themselves in a violent and improper manner towards two families; but should this account be true, I can assure you, sir, that the government of the United States shall receive due satisfaction from Spain, the reputation of whose government is too well established, to believe it can in any manner be privy to, or approve of acts, as far beneath its character, as they are useless in their effects . Incidents of this nature often happen on the frontiers of every country, and they only deserve attention when they receive the sanction of the government of the aggressors, or when in such cases, due satisfaction is refused.
I have gone over, step by step, the article of the president's message which relates to Spain, and I have endeavoured to present with candor and truth, although in a cursory manner, whatever may give correct ideas on its nature and tendency. Having fulfilled this duty incumbent on my situation, permit me to offer you, sir, the sentiments of high consideration, with which I have the honor to be,
EL MARQUIS DE CASA YRUJO. James Madison, Esq.
held by the American government, through the medium of their attorney general, Bradfords in the case of the prize George taken on the waters of the Delaware. After this, it is necessary to confess, that the animadversions of the President upon this head are as UNJUST as they are IMPOLITIC .