The New Hampshire gazette (Portsmouth [N.H.]), 1796-12-17 00:00:00

THE New Hampshire Gazette.
HERE TRUTH IS WELCOME—CANDOUR GUIDES THE WAY.
PORTSMOUTH: (NEW-HAMPSHIRE)—PUBLISHED EVERY SATURDAY MORNING BY JOHN MELCHER, PRINTER TO THE STATE, AT HIS OFFICE CORNER OF MARKET STREET, WHERE SUBSCRIPTIONS FOR THIS PAPER, ADVERTISEMENTS, AND ARTICLES OF INTELLIGENCE ARE THANKFULLY RECEIVED.
Vol. XLI.—Numb. 2090.]
SATURDAY, December 17, 1796.
[9s. pr. Annum.
Official State Paper.
Translation of a NOTE, from the Minister of the French Republic, To the Secretary of State of the United States.
(Continued from our last)
Legation of Philadelphia,
WHEN, after having suffered to be violated the Treaties which unite it to France, the government of the United States has associated itself with England, and has rendered its neutrality as useful to that power as it is now injurious to its ancient ally; could the Republic be silent? her outraged generosity, her wounded honor prevented her; her silence were weakness; and strong in her principles as in her proceedings, she should demand her unacknowledged or forgotten rights.
Thus, therefore, as it results from the statement which the undersigned has just given.
18. That the 17th article of the treaty of '78 has been violated; that in contempt of this article the American tribunals have been permitted to take cognizance of the validity of prizes made by French ships of war and privateers, under pretext of original armament or augmentation of armament in the United States, or of capture within the jurisdictional line of the United States.
2. That the said article 17 has been equally violated by the admission of English vessels in the ports of the United States which had made prizes on Frenchmen, and by the admission of their prizes.
The undersigned, in the name, and by the orders of the Executive Directory, protests against the violation of the 17th art. above cited, in contempt of which the American tribunals have taken cognizance of the validity of prizes made by French ships of war, or privateers, under pretext of original armament, or augmentation of armament in the United States, or of capture within the jurisdictional line; claims the replay of all seizures, and repeal of all other judicial acts exercised on those prizes; and protests, moreover, against all opposition to the sale of the prizes.
Further, the undersigned protests against the violation of the 17th article of the treaty of '78, in contempt of which English vessels, which had made prize on Frenchmen, have been admitted into the ports of the United States, and declares, that the Executive Directory cannot regard as a just construction of the treaty, the distinction which Mr. Randolph, secretary of state, has established in his letter of 29th May, 1795, in which he admits only the exclusion of the English vessels which bring in their prizes, and wishes to except from the prohibitory measure, the vessels which after having made prizes, enter the ports of the United States.
The undersigned minister plenipotentiary moreover declares, that the Executive Directory regards the treaty of commerce concluded with G. Britain as a violation of the treaty made with France in 1778, and equivalent to a treaty of alliance with Great Britain, and that justly offended at the conduct which the American government has held in this case, they have given orders to suspend from this moment his ministerial functions with the Federal government.
The same cause which for a long time prevented the Executive Directory from allowing their just resentment to break forth, has also tempered its effects. Neither hatred nor the desire of vengeance, rapidly succeded to friendship in the heart of a Frenchman; the name of America still excites sweet emotions in it, notwithstanding the wrongs of its government: and the Executive Directory will not to break with a people whom they love to salute with the appellation of friend.
The undersigned therefore announces that the government of the United States, and the American people are not to regard the suspension of his functions as a rupture between France and the United States, but as a mark of just discontent, which, is to last until the government of the United States returns to sentiments and to measures more conformable to the interests of the alliance and the sworn friendship between the two nations.
The alliance was always dear to Frenchmen: they have done every thing to tighten its bands; the government of the United States on the contrary has sought to break them. Scarcely had the war broken out between France and England when America alone was invited to the commerce of the Antilles. All the colonial ports were open to her. Her vessels entered the ports of France without being subjected to higher duties than French vessels. When the English violated the freedom of the neutral flag, the Convention was obliged to use reprisals. They ordered that neutral vessels should be seized by the ships of the Republic: She excepted the Americans from this measure: for-
ced against her inclination to make it bear on them also, she waited with impatience for the moment when she might return to a conduct more conformable to the sentiments of the United States. Soon she revoked her law relative to the arrest of their vessels: Soon also the committee of Public Safety gave orders to respect the American flag.—In every circumstance France sought the means of proving to the United States the sincerity of her friendship. When the Federal Government complained of the conduct of one of the predecessors of the undersigned; the French Government saw only the complaints of the Government of the United States and immediately gave the most striking reparation.
Let the annals of the French Revolution be opened, let the minutes of that august sitting be seen, in which the National Convention received the Minister of the United States in its bosom; the addresses were not studied; they sprang from hearts full of affection for an allied people! they breathed the sentiments which dictated them; and the American Minister found himself in the midst of his friends. What joy did not the American flag inspire when it waved unfurled in the French Senate! Tender tears trickled from each eye! every one looked at it with amazement.—There said they is the symbol of the independence of our American brethren—behold there the pledge of their liberty! May victory always attend it—May it lead to glory none but a free and happy people! These words which escaped from a thousand mouths were the expression of the sentiments of the whole nation. Was not an American to each Frenchman, another Frenchman?—he was more,—he was a friend; and that sacred name amidst civil dissensions, was equally respected by all.
What then was done by the American government? It put in question whether it should execute the treaties, or receive the agents of the rebel and proscribed princes, (No. 6.) It made a proclamation of insidious neutrality; by its chicaneries it abandoned French privateers to its courts of justice: it eluded the amicable mediation of the Republic for breaking the chains of its citizens at Algiers (No. 7.) Notwithstanding treaty stipulations, it allowed to be arrested, vessels of the state; it suffered England, by insulting its neutrality, to interrupt its commerce with France; notwithstanding the faith of treaties, it gave an asylum to these same English, who after having insulted her flag, pillaged her citizens, came also to brave the American people in its ports, and to take a station whence to cruise on a favourable opportunity against the French; it might be said that it applauded their audacity; all submission to their will, it allowed the French colonies to be declared in a state of blockade, and its citizens interdicted the right of trading to them, (No. 8.) It eluded all the advances made by the Republic for renewing the treaties of commerce, upon a more favorable footing to both nations; (No. 9.) It excused itself on the most frivolous pretexts; whilst it anticipated Great Britain, by soliciting a treaty in which, prostituting its neutrality, it sacrificed France to her enemies, or rather looking upon her as obliterated from the Chart of the world, it forgot the services that she had rendered it, and threw aside the duty of gratitude, as if ingratitude was a governmental duty.
Alas! Time has not yet demolished the fortifications with which the English roughened this country—nor those the Americans raised for their defence: Their half-rounded summits still appear in every quarter, amidst plains, on the tops of mountains. The traveller need not search for the ditch which served to encompass them, it is still open under his feet. Scattered ruins of houses laid waste, which the fire had partly respected, in order to leave monuments of British fury, are still to be found. Men still exist, who can say, here a ferocious Englishman slaughtered my father; there my wife tore her bleeding daughter from the hands of an unbridled Englishman. Alas! The soldiers who fell under the sword of the Britons are not yet reduced to dust; the labourer, in turning up his fields, still draws from the bosom of the earth their whitened bones; while the ploughman, with tears of tenderness and gratitude, still recollects that his fields, now covered with rich harvests, have been moistened with French blood; while every thing around the inhabitants of this country, animates them to speak of the tyranny of Great Britain, and of the generosity of Frenchmen; when England has declared a war of death to that nation, to avenge herself for its having cemented with its blood the independence of the United States. It was at this moment their government made a treaty of 'amity with their ancient tyrant, the implacable enemy of their ancient ally. O! Americans! I covered with noble fears! O! You, who have so often flown to death and to victory with French soldiers! You who know those generous sentiments which distinguish the true warriors!—Whose hearts have always vibrated with those of your companions in arms! Confute them to day
to know what they experience; recollect at the same time that if magnanimous souls with liveliness resent an affront, they also know how to forget one. Let your government return to itself, and you will still find in Frenchmen faithful friends and generous allies.
Done at Philadelphia, Nov. 5. 1796. P. A. ADET.
Notes in support of the foregoing.
(No. 1.) Vide Letter from Genet to Jefferson of 22d June '93, message from the President, page 15 of the original French.
(No. 2.) Extract of the President's speech to the House of Representatives, 3d Dec. 1793.
"AS Soon as the war in Europe had embraced those powers with whom the United States have the most extensive relations, there was reason to apprehend that an extensive intercourse with them might be interrupted, and our disposition for peace drawn into question, by the suspicions too often entertained by belligerent nations. It seemed therefore to be my duty, to admonish our citizens of the consequence of a contraband trade, and hostile acts to any of the parties; and to obtain, by a declaration of the existing legal state of things, an easier admission of our right to the immunities belonging to our situation. Under these impressions the proclamation, which will be laid before you, was issued.
In this posture of affairs both new and delicate, I resolved to adopt general rules, which should conform to the treaties, and assert the privileges of the United States. These were reduced into a system, which will be communicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes, permitted by our treaty of commerce with France to be bro't into our ports, I have not refused to cause them to be restored when they were taken within the protection of our territory, or by vessels commissioned or equipped in a warlike form within the limits of the United States.
It rests with the wisdom of Congress to correct, improve, or inforce this plan of protection; and it will probably be found expedient to extend the legal code, and the jurisdiction of the Courts of the United States, to many cases, which, tho' dependent on principles already recognized, demand some further provisions.
Where individuals shall within the United States array themselves in hostility against any of the powers at war, or enter upon military expeditions or enterprizes within the jurisdiction of the United States, or usurp and exercise judicial authority within the United States, or where the penalties on violations of the law of nations may have been distinctly marked, or are inadequate, these offences cannot receive too early and close an attention, and require prompt and decisive remedies.
Whatever these remedies may be, they will be well administered by the judiciary, who possess a long established course of investigation, effectual process, and officers in the habit of executing it."
(No. 3.) The Undersigned, having complained to the Secretary of State that the Attorney of the United States had caused the privateer La Vengeance to be arrested without an affidavit or other authentic testimony; on the 11th August, 1795, the Secretary of State sent him an answer which Mr. Troup had addressed to him in the absence of Mr. Harrison, District Attorney of New-York; in which is this passage—"As to the suit against the privateer, it was commenced by Mr. Harrison as attorney for the District, upon an official disclosure to him, by the Spanish Consul of the evidence which led him to suppose the privateer had been fitted out and armed within the United States. Mr. Harrison upon receiving this disclosure felt himself called upon by considerations which, as a public officer, he could not resist, to proceed against the privateer under the 3d section of the Act of Congress, entitled, An act in addition to the act for the punishment of certain crimes against the United States, passed 5th June, 1794. This section works a forfeiture of the privateer, one half to the use of any person who shall give information of the offence, and the other half to the use of the United States. No person having appeared in quality of informer, to institute the suit, Mr. Harrison, according to the course of the common law, filed an information in behalf of the United States, solely against the privateer, as you will perceive by the copy of the information already transmitted to you. No law of the United States and no law or usage of this State required the information to be founded upon any previous affidavit, or evidence of the truth of the matters alleged in it. The filing of an information is an act entirely in the discretion of the officer entrusted by law with the power; and if he should abuse his power, he stands upon the footing of all public officers who are guilty of malversation in office. In the present instance, Mr. Harrison has acted from the best of his judgment upon the duty of his office,
after officially obtaining information from a public officer, who conceived himself likewise bound by a sense of duty to communicate the information."
When the undersigned renewed the charge on the 24th Sept. '95 to the Secretary of State, and still complained that an affidavit was not required to cause a privateer to be arrested, he expressed himself in these words;
"But I again renew the assertion that an affidavit is not necessary for ordering the arrest of a vessel."
What is the law, what is the usage, which establishes the prosecution for reparation of an offence, before it be ascertained that it has been committed; and what certainty then had the Attorney? His opinion! Upon what is it founded? The complaint of the Spanish agent, since there was not a single affidavit.
Now, sir, upon mere suspicions which the enemy interest will not fail always to bring forward, the French privateers are to be subjected to seizure! Such a measure tends to nothing less than to paralyze the 17th art. of our treaty.
The Secretary of State, in reply, sent to the undersigned the copy of a letter from Mr. Harrison, of the 3d Oct. '95, in which is this remarkable passage—"In this whole business, however, I have undoubtedly acted from my own opinion, founded upon such evidence as came to my knowledge; and as in similar cases, I must necessarily, in the first instance, be unacquainted with the opinions and convictions of others, I know of no other rule by which I can be guided, unless when I am honored with the directions of the chief Executive Magistrate."
The Secretary of State thus closes his letter of the 16th Oct. covering that of Mr. Harrison.
"You will perceive that whatever may be the event of the suits pending in court concerning her [the privateer] and her prize, the public officer, Mr. Harrison, is supported in his proceedings by the laws and usages of this country, upon such evidence and information as in the case referred to were produced."
(No. 4.) In virtue of this law the tribunals were only authorized to decide on cases in which the neutrality of the United States shall have been compromised. Yet these tribunals conceived they had a right to pronounce upon prizes made by the French in almost an indefinite manner. In the affair of Glais and Gibbs against the ship Betsey, the decision of which has been printed, the Supreme Court pronounced, that the tribunals could decide whether a prize belonging to enemies or to neutrals. In the affair of Jossf Janson against the Dutch ship Vrouw Catharina Magdalena, it was decided that the naturalization granted in the territories of France to American Citizens, during the war could not give them the right either of serving or of commanding on board French privateers; and that the prizes made by such, although legally commissioned, were not valid; a distinction is established between a legal and an illegal privateer; it was judged that they had a right to pronounce on this legality; and consequently on the validity of the prizes; it was finally decided, that a prize made at sea with the assistance of an illegal privateer, was void and should be restored.
It was according to these first decisions of the supreme court that the district attorney of Virginia wrote officially, on the 28th March 1794, to the vice consul at Norfolk—"No vessel can be condemned as prize but in district courts, which are the proper admiralties of the United States." The enemies of France understood, or did not understand this mode; but they availed themselves of it; and in order to cause French privateers to be arrested, they had recourse to the law of 5th June, 1794.
At this period however, the law had put into the hands of government a sufficient power for preventing the arming and equipping of privateers in the ports of the United States, by the letter of the Secretary of the Treasury of the 4th Aug. 1793, the collectors of the customs were authorized, and even required, to visit, in the strictest manner not only all privateers, but all vessels entering or going out of American ports. The law of the 5th June, authorized the President to support the exercise of these functions with military force. Of course, they did not neglect to visit, with the greatest rigor, all French vessels, privateers and others, during their continuance in the ports of the United States and at their departure. They did not quit these ports but under the eye and with the express permission of the officers of the government, for it had forbidden the collectors to clear them, if they committed the least violation on the neutrality of the United States; in which case they might be seized and confiscated. Yet, whether they had entered the ports of the United States armed, and also went out armed; or had since been armed for war in French ports, scarcely did one of their prizes enter, but they were arrested by order of the Federal Court.
The proceedings were instituted and
purued without any of the forms for protecting citizens. As the undersigned, has said, the assertion of an enemy of the Republic was sufficient for causing a prize to be seized, often the privateer which had brought her in, and sometimes for the arrest of her Captain no proof was required from the enemy Consul who instigated the arrest; he was not obliged to give security for the damages which might result from the procedure, if it were unfounded; the captain was not allowed to remain in possession of his property, on giving security for its value; the prizes were not valued; they simply placed them in the hands of the officers of justice: rarely were they permitted to be sold; and then the sale was made with slowness, and not until the consent of the two parties was obtained. In fine, when much delay and expense, notwithstanding the shifts of a crafty chicanery, the complainants proved nothing they advanced, the prizes were adjudged to the captors, but refused indemnification for damages and losses occasioned by the seizure.
The undersigned knows but two affairs that of La Noffre Senora del Garmen, at Rhode-Island, and that of La Princesse des Asturias, at New-York, where security was given to the party complaining, and where damages and interests were allowed to the captors. Yet the tribunals have always allowed damages to the captured, when they have declared the prizes illegal. The least pretext was sufficient to obtain from a tribunal the arrest of a prize; it was sufficient to allege that the privateer had taken 1 or 2 cannon, 1 or 2 bbls. of powder, or opened some portholes in the territory of the United States.
In the affair of the two prizes of French privateer Les citoyen de Marseille, which entered the port of Philadelphia armed and commissioned, repaired in the same port, and sent out under the eyes of the government, the only thing in question was, that some portholes were pretended to have been opened in the vessel after her departure from Philadelphia; the Court of Charleston was of opinion that the holes had been opened, and condemned the two prizes.—The Superior Courts did not adopt this opinion, and the first sentence was reversed; but after how long a time, how much care, fatigue, pain and expence?
In the affair of the Princesse des Asturias, at New-York, as will be seen hereafter, only two cannon and a score of fuses were in question: Behold what is called an armament, behold how words are abused!
Prizes have been arrested under still more frivolous pretexts. The privateer La Parisienne had infringed a revenue law of the United States, she was seized and condemned by the District Court. This tribunal doubtless agreeable to rules prescribed by law, had restored this vessel to her owners, on making them pay her value. The privateer after having executed the sentence of the Court, went out and made two considerable prizes: The one was sent into Charleston, and the other into Savannah. They were both arrested at the instance of the English Consuls, under the pretext that the tribunal had acted illegally, by restoring the 'confiscated privateer': That notwithstanding this restitution and the payment of her value to the treasurer, she had always remained the property of the U. States, and could not make any lawful prize. This ridiculous assertion was seriously opposed in the District and Circuit Courts, and in the Supreme Court of the United States; at the close of the proceedings which lasted near two years, the prizes were adjudged to the captors, but without allowing them damages.
In like manner, have been treated the rich and numerous prizes of the French privateers La Mese Michelle, Le Brutus, Le General Laveaux, et Le Vengeur. The captors have gained their causes in three courts, and have not obtained damages.
Were it necessary to cite here all the vexatious proceedings commenced against French vessels, the undersigned Minister Plenipotentiary, would be obliged to write a volume. He contents himself with adding to what he has just said, the affair of the Vengeance and that of the Cassius.
Affair of the Vengeance.
At the beginning of 1794, the predecessor of the undersigned charged the Capt. of La Dorade, a French Galliot, with a particular mission for St. Domingo. He ordered him to go to New-York with his Galliot, to take some powder which was at Sandy Hook on board the frigate La Semillante belonging to the Republic, and which made part of her equipment, and to carry them to Gen. Laveaux. This vessel had formerly been armed for war; she had been built with port holes; consequently she attracted the particular attention of the government. Many difficulties were thrown in her way; but finally, after having submitted to all the requisite inspections, she failed with a formal clearance from the collector of the customs of Philadelphia. She went to New-York, where the Capt. acquired himself of his mission, and thence to Port de Paix, where the powder was delivered to Gen. La-

veaux. At that place this Galiot was sold to an inhabitant of St. Domingo, who armed her, equipped her completely, part at Port de Paix and partly at Cape Francois. She was called La Vengeance, and given to Capt. Perard, as commander who failed from St. Domingo with a commission in good form, and a crew entirely French, to cruise against the enemies of the Republic. A few days after her departure, she captured a Spanish vessel called the Princesse des Asturies, laden with a rich cargo, and carried her into the port of New-York, in the summer of 1795.
The Spanish Consul availing himself of the facility given him by the law of 5th June 1794, had the prize arrested under the pretext that the privateer had been armed in the United States, and we saw officers of the government appear to defend his assertion.—Mr. Harrison attorney of the District of New-York, and Mr. Troup clerk of the district and circuit courts, to which appertained the decision of the cause.
It was under these auspices, that the prize was arrested and that the Capt. of the privateer saw himself obliged to defend her against the allegation of a pretended armament: But it was not sufficient to have arrested the prize, they must also attack the privateer. This did not fail to happen. Shortly after Mr. Harrison, without laying aside his office of attorney for the captured, but acting in this instance in the name of the United States, informed against La Vengeance, and required her arrest under the same pretext which had been used for arresting her prize. This information was not founded upon any affidavit or material proof. But Mr. Attorney, according to his letter to the Secretary of State, had no need of any; he had seen in the hands of the Spanish Consul documents sufficient for having the prize condemned. In fine, not content with these measures, the same attorney, some time after, the two other causes being, still pending, exhibited a second information against the privateer and had her arrested anew, for having exported arms in violation of a law of the United States, which was in force when the Vengeance failed from New-York. This information was made upon the simple declaration of Mr. Giles, marshal of the court, who, as informer, was to have his part of the confiscation. So that all the officers of the district court (except the Judge) were interested in the condemnation of the privateer or her prize. It is well to observe that during the course of the proceedings, the monies arising from the sale of the prize were deposited in the hands of the clerk (attorney for the Spaniards) those arising from the sale of the prize in the hands of the marshal (informer and interested in the confiscation)—so that their interest was to spin out these causes by means of appeal; and so it has happened.
As this last information is here principally in question, it is proper to enter into some details on the subject. It appeared in the allegation, that the privateer had exported from the United States two cannon, twenty muskets, and fifty barrels of powder.
Two cannon and twenty muskets could scarcely be an object of commercial speculation. The existence of the cannon has never been proved, and certainly whatever muskets were found on board were only for the defence of the vessel, without a will to infringe the law of the American government. The powder in truth was of the greatest consequence, but the consul of New-York hastened to give his declaration under oath, and to prove by witnesses, that this powder had been taken from on board La Semillante, and made part of her equipment. Mr. Harrison did not yield to this evidence.
However, the three causes went on; but the yellow-fever which took place at New-York, spun them out to considerable length. The judgment of the District Court was not given till November. In the mean time, an express, which Capt. Berard had sent to St. Domingo, on the first arrest of his prize, had returned with papers proving in the most convincing manner, that the Vengeance had arrived at Port de Paix without any armament or equipment whatever; and that she had been sold, armed and equipped wholly, and commissioned as a privateer, in the territory of the Republic. These documents were, certificates of the general, the ordonnateur, &c. of the greater part of the principal officers of St. Domingo; the accounts of armament attested by all the providers, [fournisseurs] &c. the whole executed in the most authentic form.
The undersigned hastened to communicate these documents to the Secretary of State of the United States, and to request that he would order the attorney of New-York district, to stay the proceedings he had instituted in the name of the Government.—There was nothing done with them, and Mr. Harrison continued his prosecution.
In fine, the moment came for deciding these three causes. They were pleaded with much preparation before the District Court of New-York; the privateer was acquitted of the charge of illegally arming, and the prize adjudged to the captor. Mr. Harrison did not appeal as to the privateer; but the cause of the prize was carried to the Circuit Court, and finally to the Supreme Court; and these two tribunals confirmed the sentence of the District Court.
As to the exportation, the judge was of opinion that the vessel should be condemned for it; and grounded his sentence only on the article of 20 muskets. Some of the Attorneys for the privateer had considered it as of so little consequence, that they had not conceived it would be brought in question; and had omitted to speak of it in their pleadings. It was natural to appeal from such a sentence, the consul of New-York, was the appellant, and required agreeable to a law of Congress, that
the vessel should be given up to him; under security during the appeal; but he could not obtain it; the vessel was sold for less than a tenth part of the cost of her armament; and the money was deposited till the conclusion of the process.
The Circuit Court, as was expected, set aside the sentence which condemned the privateer; but Mr. Harrison not content with all he had hitherto done, immediately appealed to the Supreme Court of the United States, which was not more favourable to him, and confirmed the sentence of the Circuit Court. The government, notwithstanding the representations of the undersigned Minister Plenipotentiary, took a decided part in the appeal, and gave it in charge to Mr. Lee, the Attorney General to argue—which he did with much eloquence, but with the success such a cause merited.
Affair of the Cassius.
In the month of Thermidor, of the 3d year. (August 1795,) the corvette La Cassius, belonging to the Republic, commanded by Capt. Davis, and sent by General Laveaux, to the undersigned Minister Plenipotentiary, on a particular mission, requiring her immediate return to St. Domingo, was seized in virtue of an order from the District Court of the United States, for the State of Pennsylvania and her Capt. was arrested at the suit of a merchant of Philadelphia, to answer for a pretended illegal capture made in virtue of his commission and out of the jurisdiction of the United States.
The undersigned Minister Plenipotentiary complained of this violation of the treaties and of the law of nations, and requested the government to cause, as soon as possible, the release of the Corvette La Cassius and her captain. He conceived himself so much the more grounded in this request, as he knew that a like interposition was not new in the annals of the United States; as he knew that the executive power of the State of Pennsylvania had interposed in a similar case, and in the same manner, in favor of the State of Virginia, and as this measure, dictated by a profound knowledge of the law of nations and of the reciprocal duties of nations, had been approved and ratified by the tribunals, organs of the law. (a) But Mr. Randolph, Secretary of State of the United States replied to the undersigned on the 15th Aug. 1795—"As long as the question is in the hands of our Courts, the Executive cannot withdraw it from them."
The undersigned insisting on the 1st Truquidor, in the third year (18th Aug. 1795) expressed himself in these terms "I do not know nor ought I to know other than the government of the United States; I cannot under any shape admit the competency of your tribunals in the different circumstances which arise on the execution or inexecution of the treaties. If these tribunals are the first to violate them, I can only address myself to the Government for reparation of that violation; otherwise it would be to render the agents of the French Government—the French Government itself amenable to these tribunals; which would be to reverse principles." Informed that the Cassius and her Captain might be liberated on giving security, the undersigned requested, by the same letter, that the Government of the United States would itself furnish this security; and knowing that the Supreme Court of the United States, which was then in session, had the power in certain cases of arresting the proceedings of the inferior courts, on their signifying to them a prohibition, he suggested to the Secretary to adopt this sure and prompt method to put an end to this vexatious procedure. Both these requests were refused.
The Captain of La Cassius then addressed himself to the Supreme tribunal, requested the prohibition, and obtained it. The District Court was enjoined immediately to stop the proceedings which had been commenced, and to liberate Capt. Davis and his vessel.
But at the very instant in which the Marshal was desired to execute the order of the Supreme Court, he had already in possession a new order from another Tribunal (the Circuit Court) enjoining him to arrest the vessel anew upon the charge of an English Merchant and naturalized American, stating that this vessel had been formerly armed in the United States; and consequently requested that she should be confiscated, one moiety to himself, the other to the Government. The undersigned being uninformed whether this vessel had ever been armed in the ports of the United States, he was also assured that some individuals had only attempted to put on board arms and ammunition, and which they were prevented from doing at the time, but he takes upon him to affirm, that since this vessel has become the property of the French Republic, General Laveaux armed and equipped her wholly at St. Domingo; and that at her arrival here, she had not a cannon or pound of powder which had not been put on board her in the territory of France. This new order was signed by one of the Judges of the Supreme Court (in quality of Circuit Judge) who having already ordered the prohibition in the first instance, must have known very well that this vessel was the property of the French Republic; and who must also have known that the Circuit Court was not competent to this proceeding; which the law and usage have constantly attributed to the District Tribunals. But the District Court then sat but once a year at Philadelphia; its approaching yet distant session was to be at Yorktown, and the prosecutor has adopted this round-about mode to take away every means from the French Republic of obtaining restitution of her vessel, legally, before the expiration of near a year. In the interval, she was to rot at the quays.
(a) Simon Nathan versus the Commonwealth of Virginia, Dallas's Reports, p. 77.
of Philadelphia. This has taken place. The undersigned, from a spirit of conciliation made an useless attempt with one of the Judges of the Circuit Court to obtain, the liberation of the vessel, on giving security; the reply was that the Judge could do nothing of himself; that the Court when assembled could alone determine.
The undersigned Minister Plenipotentiary made new representations to the Secretary of State of the United States upon the foregoing facts. Mr. Pickering then Secretary of State, in his answer of the 1st of August, 1795—repeats this phrase of Mr. Randolph. "As long as the question is in the hands of our Courts, the Executive cannot withdraw from them," adding thereto this remarkable expression; "and therefore is not chargeable with suffering a violation of the treaties existing between the two Republics." The undersigned complained that the new suit commenced against the Cassius had been carried to an incompetent tribunal, and in the same letter, of 1st of August, 1795, the Secretary of State replied on this head to the undersigned, "the Counsel who have told you that such is the law, have led you into an error," &c.—maintaining the competency of the tribunal.
The undersigned Minister in these circumstances, saw himself obliged to disarm the vessel, to discharge the crew—that during these transactions, he had supported at great expence, and abandoned the Cassius to the government of the United States—protesting against the illegality of her arrest.
The undersigned Minister is not acquainted with the details of what happened since that time, relative to this affair; he only knows that in the month of October last the Circuit Court declared itself incompetent, notwithstanding the assertion of the Secretary of State, and qualified all the proceedings. In consequence, the Secretary offered him the Cassius; as if after having detained, in contempt of treaties a state vessel, after having left her to rot in port, the Government of the United States were not to answer, both for the violation of the treaties, and for the damages the Cassius has sustained.
(No. 5.) The Secretary of State, by his public letter of the first of November last, in answer to the note of the undersigned minister plenipotentiary, of the 6th of Brumaire last, appears not to have understood either that note or the decree of the Executive Directory of the 14th Messidor, of the fourth year.
This decree does not simply contain the order for seizing English property on board of neutral vessels, and of course on board of American vessels; it orders that the vessels of the Republic shall act towards neutrals in the same manner as neutrals shall suffer the English to treat them.
This decree consequently implies, not only the seizure of enemies property on board of American vessels, against the principle, free ships make free goods , a principle the American government abandoned, after having recognized it by acceding to the declaration of Russia in 1780—not only the seizure of articles classed as contraband in the treaty concluded between Lord Grenville and Mr. Jay, and declared innocent merchandise by the treaty of 1778, but also reprisals for all vexations, contrary to the law of nations and to the treaties, which the Americans shall endure on the part of the English, without an efficacious opposition.
The Secretary of State has been pleased to observe, that France and the United States, by a reciprocal treaty, had consecrated the principle, free ships make free goods , and diminished the list of articles seizable as contraband. Upon this basis he built reasoning which he might have spared if he had been pleased to remember the 2d art. of the treaty of 1778.
The Secretary has also been pleased to reply in part to the note of the undersigned minister plenipotentiary dated 6th Brumaire, relative to the press exercised on the American sailors, that the Federal government was not to give an account to any nation of the measures it takes for the protection of its citizens; if such an answer required a reply, the undersigned minister plenipotentiary would request the Secretary of State to observe, that the object of his note of 6th Brumaire and of his letters of the 9 and 19th Germinal last, which are there referred to, was not at all to know the steps taken by the federal government, for the protection of its citizens; but the measures pursued by it for preventing its citizens from increasing the maritime forces of the enemies of the French Republic, its ally. It is evident that in this case the federal government should except, and the French Republic would have a right to regard, its silence as a tacit consent to that measure and a real hostility.
The undersigned minister plenipotentiary can no longer be suspected of having demanded of the government of the United States, explanations foreign to the relations which exist between that government and the French Republic, of having had the intention to wound the federal government in his letter of 7 Vendemaire in the 4th year, since after the passage cited by the Secretary of State, is the following paragraph: "but I am convinced, it will not be so. The American government, is too much attached to the laws of an exact neutrality, it knows too well that the cause of a free people is linked to that of France, to allow to be usurped by the English a right injurious to the interest of the Republic."
"It is in this conviction that I have written you this letter, persuaded that it is perhaps superfluous to address to you these reclamations, I do not doubt but the American government will prove to all Europe the intention it has of maintaining the most exact neutrality, with regard to the belligerent powers, that it will oblige England to violate no longer the rights of nations, and that it will not henceforward
reduce France to the pain of addressing new claims upon this subject."
(No. 6.) In the General Advertiser, published at Philadelphia, on the 9th of June, 1796, may be seen the questions proposed by the President on the 18th of April 1793, to the heads of the Departments. The undersigned Minister Plenipotentiary contents himself with giving here an extract.
Question 2. Shall a minister from the Republic of France be received.
Question 3. If received, shall it be absolutely, or with qualifications, and if with qualifications, of what kind?
Question 4. Are the United States obliged by good faith, to consider the treaties heretofore made with France as applying to the present situation of the parties—may they either renounce them or hold them suspended, until the government of France shall be established?
Question 12. Should the future regent of France send a Minister to the United States, ought he to be received?
[To be concluded in our next.]
SALEM, Dec. 9.
Release of American Seamen.
Capt. Elias Grant arrived since our last in 29 days from Martinique and St. Bartholomews. At Fort-Royal, Capt. Grant saw Mr. Talbot, Agent of the United States, for obtaining the release of American Seamen from on board British vessels of War, who informed him, that he had procured the release of several, some of whom Capt. G. saw. Mr. Talbot appeared satisfied with the conduct of the British Commanders, as far as he had seen, in delivering them up, and declared that he had not made a single application that had been refused. A Stephen Croel, of Long-Island, state of New-York, who had been discharged from on board a vessel of war came on board Capt. Grant at Fort-Royal, but was shortly after taken sick and died. Capt. G. saw his discharge, and certificate for pay while on board the ship.
While Capt. G. lay at Fort-Royal, several Cartels arrived with prisoners from Guadalupe—One of the prisoners, with whom Capt. G. conversed, said that of about 1900 that had been taken by the French, only 500 were then alive; the rest died in French Prisons in Guadalupe.
The Fleet, that we have had accounts of sailing from Martinique, had returned without performing any exploits whatever.
Legislature of New-Hampshire.
On Wednesday the 30th ult. the hon. General Court convened at Concord agreeably to adjournment. After the usual organization, and information to the Governor—his Excellency assigned Thursday at 12 o'clock to deliver his communications. Accordingly at the time appointed, he met both branches in the Assembly room and delivered the following
ADDRESS.
Fellow Citizens of the Senate, and of the House of Representatives.
FROM a consideration of the connexion there is between the State and general government, and that our happiness greatly depends upon a proper attention to both, I have, in addressing the legislature, heretofore taken occasion to mention such circumstances as appeared to me proper respecting the government of the United States.
The time of our present meeting was regulated with a view, that you might seasonably examine the votes given by the Citizens of this State, for electors of a President and Vice President of the United States, and complete the choice in case it has not been done by the people.
The act of designating a man to preside at the head of our national government, must always be deemed highly important. Hitherto the voice of our country in this choice has been as one. But the illustrious patriot whose wisdom, prudence and fortitude have been so eminent in conducting the affairs of our nation, has made known to the public his determination to retire, at the expiration of the time for which he has been elected. The assemblage of virtues and talents which he possesses, have been exhibited in a manner exalting to human nature. May the sentiments contained in his late address to the people, be deeply engraven on all hearts; and may the great ruler of nations continue to guide the public suffrages and deliberations.
An alteration in the judiciary system of this State, particularly as it respects the times of holding the courts, has heretofore been under consideration. As it is probable you will think proper to attend to this business in the present session, I shall make some observations on this important branch of our government.
In the constitution, it is among other things declared, that "every subject of this State is entitled to a
certain remedy, by having recourse to the laws, for all injuries or may receive in his person, property or character; to obtain right and justice promptly, and without delay; conformably to the laws." It is said, that the time beyond which the supreme judicial court cannot continue their sessions in certain places, is too short to complete the necessary business; and that the expected delay of trials is such, that a multiplicity of causes are carried to that court, for the purpose of delay only. If these are facts, they require a remedy.
To be in a state of preparation to defend ourselves as a people, is a subject always deserving consideration. As money is one of the necessary articles in such preparation, you will judge whether it is proper and convenient to assess a tax at this time.
The subject of salaries, or compensation for services, when publicly spoken of by one who has been long employed in public service, is particularly delicate. But whatever conclusions may be drawn from this circumstance, I cannot discharge the duty I owe my fellow citizens, to my own satisfaction, without asking the attention of the legislature to this business.
Individuals who wish for faithful servants, have generally found it to be for their interest, to give an adequate reward for such services as they wanted; and is it not probable the same rule will apply as it respects public servants?—Let the inquiry be, whether an adequate reward is given; or in other words, as much as is necessary to command such abilities as are wanted for public offices—as much as it is for the best interest of the people to pay?
Assembled for the purpose of preserving and increasing the general welfare, many things will probably occur to your minds for promoting this desirable object; and it will afford me great satisfaction, to join with you in measures well calculated for securing the happiness of our fellow citizens.
John T. Gilman.
After his Excellency retired, the House chose a committee, consisting of Messrs. Goddard, Whipple, Pierce, Smith and Langdon, which was joined by Messrs. Blanchard and Fogg from the Senate, to prepare and report an answer to the Governor's address; which was presented yesterday, and is as follows:
May it please your Excellency,
THE business of determining the choice of electors of President and Vice President of the U. States, having been assigned by law to an early period in the present session, will, as far as it depends on the legislature, meet all the attention the magnitude of the subject requires.
We heartily concur in sentiment with your Excellency, on the importance of selecting from the people, a man to preside at the head of our general government; the unanimity in this transaction hitherto, has been no less remarkable than the virtues of the man who has been the object of our choice. May every instruction he has given, whether by example or precept, make an indelible impression on every heart, and a remembrance of the unrivalled services he has rendered, inspire with gratitude to Heaven that he has been so long continued the glory of his country; and while we regret the necessity of turning our attention from him, in the choice of Chief Magistrate, our hearts follow him to the scenes of domestic retirement with the most fervent wishes for his present and future happiness.
The necessity of some alteration in our judiciary system, is suggested by many considerations.
To be in a situation for defence, even in time of peace, is dictated by prudence.
The importance of rendering adequate compensation for services rendered, we are sensible affords the best security for abilities and fidelity in the various departments of government; these objects we conceive worthy of our consideration, and will meet our early and particular attention.
We are convinced of your readiness in joining with us, in every measure well calculated for the public good, and your Excellency may be assured of our sincere endeavors to promote so desirable an object.
Take Notice!
THE sale of the farm in Portsmouth, late the property of M. H. Wentworth, Esq. deceased, now in the possession of Mr. Wm. Walker, is postponed to Monday the 23d day of January, 11 o'clock, A. M.

Congress of the United States.
Dec. 6, 1796.
A QUORUM of both branches assembled...
Dec. 7, 1796.
Both Branches assembled in the Representatives Chamber...
SPEECH
Of the President of the U. States,
To both Houses of Congress, Dec. 7, '96.
Fellow-Citizens of the Senate,
and of the House of Representatives,
IN recurring to the internal situation of our country...
The Acts of the last session, which required special arrangements...
Measures calculated to ensure a continuance of the friendship of the Indians...
The meeting of the deputies from the Creek Nation at Coleraine...
The period during the late session at which the appropriation was passed...
The commissioners appointed on the part of the United States and of Great-Britain...
Other commissioners appointed on the part of the United States...
The treaty with Spain required that the Commissioners for running the boundary line...
In pursuance of the act of Congress passed in the last session...
After many delays and disappointments, arising out of the European war...
To an active external commerce, the protection of a naval force is indispensable.
These considerations invite the United States to look to the means...
Congress have repeatedly, and not without success, directed their attention...
If the necessary articles should in this mode, cost more in time of peace...
It will not be doubted, that with reference either to individual or national welfare...
I have heretofore proposed to the consideration of Congress...
The Assembly to which I address myself, is too enlightened...
institution contemplated; though they would be excellent auxiliaries.
Amongst the motives of such an institution the assimilation of the principles...
The institutions of a Military Academy, is also recommended by cogent reasons.
The compensations to the officers of the United States, in various instances...
While in our external relations, some serious inconveniences and embarrassments...
It has been my constant, sincere and earnest wish, in conformity with that of our nation...
In pursuing this course, however, I cannot forget what is due to the character of our government...
I reserve for a special message, a more particular communication on this interesting subject.
Gentlemen of the House of Representatives, I have directed an estimate of the appropriations...
A reinforcement of the existing provisions for discharging our public debt...
Gentlemen of the Senate, and of the House of Representatives, My solicitude to see the Militia of the United States...
The situation in which I now stand, for the last time, in the midst of the Representatives...
my country, on the success of the experiment; nor to repeat my fervent supplications...
Geo. Washington.
United States, Dec. 7, 1796. As soon as the President had finished his address...
Adjoined.
NEW-YORK, Dec. 10.
Dreadful Conflagration.
At one o'clock yesterday morning, a fire broke out in one of the stores on Murray's wharf...
The merchandise in the stores nearer to the Fly-market was much of it saved.
Fortunately it was high water and the wind off shore, by which means the shipping was all saved.
The principal proprietors of the buildings burnt, are Stewart and Jones, John Murray jun.
Other sufferers are Robinson and Hartshorne, Loomis and Tillinghast...
The progress of the fire was finally arrested by cutting down the Fifth-market.
It would be imprudent at present to hazard a guess at the amount of property destroyed.
The warehouses were all of wood, and many of them contained large quantities of rum and spirits...
The shipping moored to the different wharves, were with difficulty removed from the scene of conflagration.
BOSTON, Dec. 14.
The loss by the fire at New-York, we are informed, is estimated to fall little short of a million.
Besides the melancholy conflagration at New-York, our papers mention another at Baltimore...
INFORMATION.
FROM LISBON, via MARBLEHEAD. A vessel arrived at Marblehead on Sunday evening...
It is with satisfaction, I am able to inform you, that the revenues of the United States...
No confirmation of the capture of Admiral Jervis's squadron, came in here.
PORTSMOUTH, Dec. 17.
Arrived here since our last ship Cato, Capt. Salter 53 days from St. Ubes...
Lift of American shipping at St. Ubes, October 17.
Skip Nancy, Capt. Orm of this port; ship Marshall, Appleton, ditto; Brig—Prefcott, ditto...
John & James, Winnicot, Norfolk; brig Patty Wentworth, Cooper, ditto.
The whole were to sail shortly after the Cato, except the John, who was to sail in about 3 weeks.
The General Court have adjourned to meet in June next at Concord.
Votes for President and Vice-President. Adams, Pincney, Elsworth.
Table with 3 columns: State, Votes for President, Votes for Vice-President. Rows: Massachusetts, Rhode-Island, N. Hampshire, New-Jersey.
MARRIED] — At Durham, Capt. Joseph Chase of this town, to Miss Peggy Chesley.
DIED] — At Stratham, Dec. 9, Miss Polly Lane, in the 11th year of her age...
Fresh Assortment.
Lang, Brierley & Co.
Have received per the Aligator, from Liverpool, an additional supply of
GOODS, Consisting of Woolens, Hosiery, &c.
Likewise an assortment of
Spy Glasses & Telescopes,
With a variety of other articles which they are opening for sale on their usual terms.
PETER CLARKE,
Respectfully informs the public that he has just opened, and has now for sale by wholesale and retail...
A general assortment of West-India Goods & Groceries, Among which are,
WEST India Rum;
1st & 4th proof and fine favor'd Brandy; best Holland Gin; Loaf, India and other Sugars.
Hyson and Bohea Tea; Chocolate; Almonds; Pepper; Allspice; Ginger; Cassia; Raisins in casks and boxes...
Bar and Cake Soap; Candles, mould and dip'd; Indigo, &c.
The above articles being chosen with much attention, can be recommended to be as good, and will be sold as cheap as at any store in town.
Boarding to be had in a small family for two or three gentlemen. Enquire of the Printer.
Just imported and to be sold by
Thomas Johnston,
Fore-Street.
ONE Box fine Irish
Linens, intitled to the drawback, 4 ditto brown and half bleached ditto, suitable for the West India Market...
N. A. A liberal credit given on good security. Cash are the highest price given for
Flax-Seed and Furs.
TO LET.
THAT convenient dwelling-house on Cross-Street, at present occupied by Mr. Thomas Johnston...
ALSO, Part of Two Houses near Col. Gardner's, at the south end of the town...
SAMUEL STORER.
Portsmouth, Dec. 16, 1796.
William Neil,
Portsmouth.
HAS for sale a number crates Earthen Ware, lately imported from Liverpool...
He is likewise well supplied with Groceries and West-India Goods, which he sells cheap for cash.
Linen Cloth per box, intitled to draw back, & a few pieces Velveteens first quality.

Lines on a Welchman. A Welchman coming late into an Inn, Did ask the maid what meat there was within. Two Cowhe's, quoth she; and a breast of mutton. But said the Welchman, troth h'ur is no glutton; Either of both shall serve—to night the breast, The heels i' th' morning; for light meats are best: At night he took the breast; but did not pay: In the morn, he took his heels and run away.
To be sold at Public Vendue, At the New-Hampshire Hotel, in Port- mouth, on MONDAY the 26th day of December current, at 11 o'clock, A. M. the following lots or parcels of land, viz.  ONE lot of LAND fronting on Huntress lane (so called) about 47 feet, and about 50 feet deep; one strip of Land, about 12 feet front on Water-Street, and about 50 feet deep, be- tween land of Mr. William Yeaton and the Widow Nelson, also one other strip of Land, about 12 feet wide, and about 40 long; between land of Messrs. Mallurys, Holmes and Lang. The above being part of the estate of Capt. BENJAMIN FAR- TRIDGE, deceased, and sold by virtue of a licence from the Judge of Probate. Portsmouth, Dec. 5, 1796.
ALL persons indebted to the estate of WILLIAM PICKERING, late of Greenland, Esq. deceased, are requested to make immediate payment; and those who have any demands against said estate, are desired to exhibit the same well vouch- ed to the subscriber for settlement, for which purpose attendance will be given at the late Mansion House of said decea- sed, on the first Mondays and Thursdays of the three following months, from 1 to 5 o'clock, P. M. ABIGAIL PICKERING, Administratrix. Greenland, Dec. 9, 1796.
To the Public. WHEREAS on the 20th of November last, I signed a certain writing to Daniel Meserve Durell of Dover, State of New-Hampshire, student at law, pur- porting to be a recommendation in behalf of said Durell, and a power to use and vend my Patent Metallic Substances, both within and without the United States of America. Having been induced unwarily to sign said paper, and as there was no consideration given for it, I hereby public- ly revoke said writing or power to said Durell, to use and vend my Metallic Sub- stances, and forbid him hereafter to use and vend any of my Metallic Points, ex- cept the using and vending of ten sets of said Patent Metallic Points, for each set of which I gave him a printed transfer signed by my own hand. I however con- sider that the writing or power above al- luded to and revoked, gave the said Durell no right to construct or make any of said Metallic Points. ELISHA PERKINS. Exeter, Dec. 2, 1796.
Edw'd J. Long Informs his friends and the public that he has removed to the new store in Market-Street, direct- ly opposite Judge Pickering's house, where he has A general assortment of West-India  GOODS and Groceries, By Wholesale and Retail, viz.  WEST-India and N. E. Rum; French Brandy; best Holland's Gin; Molasses; Sherry, Lisbon, Red port, Cape Ma- deira and Malaga Wines; Cotton; Coffee; double refined Loaf Sugar; brown Sugars; Pepper; Allspice; Ginger; Alum; Copper; Red- wood; Logwood; Polas; Starch; Chocolate; Basket Salt; American and English Mustard; Snuff; paper Tobacco; Segars. Soap; Sweet Oil; Cassia; Cinnamon; Raisins; Figs; Al- monds; Currants; Nutmegs; Cloves; Mace; Indigo; Writing Paper; Wrapping ditto; Fresh Le- mons; 4d, 6d, 8d, 10d, and 20d Nails; Gun-Powder; Hyson, Sou- chong and Bohea Teas; Honey; Bees-Wax; Sieves; Chalk; 6 by 8, 7 by 9, and 8 by 10 Window-Glass of different qualities. Forty barrels of fresh super- fine and fine Flour; a few casks English Gun-Powder, &c. &c. Portsmouth, Nov. 15, 1796.
The Insurance Office Kept by JOHN GODDARD, Is removed from the brick building on Spring-Hill, to the Hotel near Port- mouth Pier. Dec. 2, 1796.
Treasury of the United States.  NOTICE is hereby given to all persons who are or may be cre- ditors of the United States, for any sums of the Funded Debt, or Stock, bearing a present interest of six per centum per annum. 1st. That pursuant to an Act of Congress passed on the 28th day of April, 1796, entitled an Act in ad- dition to an Act entitled "An Act making further provision for the support of public credit, and for the redemption of the public debt," the said debt or stock will be reimbursed and paid in manner following, to wit. "First, by dividends to be "made on the last days of March, "June and September for the pre- "sent year, and from the year one "thousand seven hundred and nine- "ty seven, to the year one thousand "eight hundred and eighteen inclu- "sive, at the rate of one and one "half per centum upon the original "capital. Secondly, by dividends "to be made on the last day of De- "cember for the present year, and "from the year one thousand seven "hundred and ninety-seven to the "year one thousand eight hundred "and seventeen inclusive, at the rate "of three and one half per centum "upon the original capital; and by "a dividend to be made on the last "day of December, in the year one "thousand eight hundred and eigh- "teen, of such sum, as will be then "adequate, according to the con- "tract, for the final redemption of "the said stock." 2d. All distinction between pay- ments on account of interest and prin- cipal being thus abolished by the est- ablishment of the permanent rule of reimbursement above described, it has become necessary to vary according- ly the powers of attorney for receiv- ing dividends; the public creditors will therefore observe that the follow- ing form is established for all powers of attorney which may be granted after the due promulgation of this notice, viz.  KNOW all Men by these presents, that I of in do make, constitute and appoint of my true and law- ful attorney, for me, and in my name, to receive the dividends which are, or shall be payable according to law, on the (here describing the stock) standing in my name in the books of (here descri- bing the books of the Treasury or the Commissioner of Loans, where the stock is credited) from (here in- sert the commencement and expira- tion of time for which the power of attorney is to continue) with power also an attorney or attorneys under him, for that purpose to make and substitute and to do all lawful acts requisite for ef- fecting the premises, hereby ratifying and confirming all that my said Attorney or his substitute, shall lawfully do, by vir- tue hereof. In Witness whereof, I have hereunto set my hand and seal the day of in the year Sealed and delivered in presence of BE IT KNOWN, that on the day of before me personally came within named and acknow- ledged the above letter of attorney to be his act and deed. In testimony whereof I have hereunto set my hand and affixed seal the day and year last aforesaid. Given under my hand at Phila- delphia, this twentieth day of July 1796, pursuant to direc- tions from the Secretary of the Treasury. SAMUEL MEREDITH, Treasurer of the United States.
NOTICE is hereby given to the non-resident owners and pro- prietors of land in the town of An- trim, who have not paid their taxes for the year 1795, that so much of their land will be sold at public ven- due, at the house of James Wallace, innholder in Antrim, on Monday the 9th of January next, at ten of the clock in the forenoon, as will pay said taxes with the incidental char- ges, unless prevented by previous payment. Accts. C'rs. John M'Keen, 888 56 Ezekiel Paige, 50 3 Samuel Marshall, 50 3 Nathaniel Davidson's Heirs, 50 3 Samuel Gibson, Pasturing, &c. 100 22 Caleb Whiting, 150 8 John Bradford, 19 1 Alexander Kunningham, 25 1 Daniel Beck for Pasturing, } 30 9 Hay and Cow, &c. Daniel Downing, 50 3 Gideon Huntington, 60 3 Margaret Green, to Lots } 250 14 No. 10, 11, 13. Thomas English's Children, 100 6 Benjamin Gregg, to Pasturing, 45 14 Ebenezer March, 150 8 DAVID M'CLUER, Collector. Antrim, November 21, 1796.
NOTICE is hereby given to all the non-resident proprietors and owners of land in the town of Piermont in said State, that are de- linquent in paying the taxes assessed thereon for the year 1795, that un- less they pay said taxes to me the subscriber, on or before the 9th day of February next, so much of their lands will be sold at Public Vendue as will pay said taxes, with incidental charges, at the dwelling-house of Mr. David Bixby in Piermont, in said county, at ten of the clock, A. M. on said day.     No. R. Q'ty C's.     Joseph Smith, 2 100 7   Howard Henderson, 3 100 7   4th Division, 35 160 10   Samuel Wentworth, 4 100 7   Samuel Emerson, 6 100 7   Jonathan Carlton, 6 100 7   Charles Paxton, 7 100 7   4th Division, 37 160 10   Maj. J. Wentworth, 10 100 7   4th Division, 49 160 10   Robert Auchmoy, 1 100 7   4th Division, 34 160 10   Andrew Wiggins, 6 100 7   George Frost, } 30 160 10   4th Division, }   William Parker, 3 5 half 100 3 3/4   4th Division, 37 Do 160 5   Joseph Smith, } 50 160 10   4th Division, }   James Nevins, } 15 160 10   4th Division, }   Messack Weare, 5 6 100 7   House Lot, 34 1 75 4   SAMUEL S. RUSSELL, Collector. Piermont, Dec. 14, 1796.  
New Goods, For Cash only. Richard Evans Has received and is now opening at his shop next door to the Printing-Office, Market-Street, A general assortment of Fall & Winter  GOODS, HE informs the pub- lic should they, after purcha- sing find goods lower than his, he will return their money with thanks. Portsmouth, Nov. 25, 1796.
CORDAGE Of various sizes,  TO BE SOLD By the Coil or smaller quantity, on the lowest terms by Daniel Wentworth, At his Rope-Walk, WHERE constant attendance will be given, who will grate- fully acknowledge any favor he may receive. He flatters himself that his Cordage will recommend itself with- out any exaggerated comments on its quality, and will leave it to the can- dor and judgment of his customers. Portsmouth, Nov. 9, 1796.
J. & J. Goddard Have imported in the last vessels from England, a large and very General assortment of Hard-Ware  GOODS, Which they are selling on the most reasonable terms By Wholesale and Retail, At their Store in Market-Street, Where may be had A FEW Hogheads of Rum and Pipes of Brandy, both of a superior quality. —ALSO— Sherry, Lisbon and Malaga Wines; Brown Sugar; Hylon, Sou- chong and Bohea Teas. 20d, 10d, 6d, & 4d, Nails; Bar and Sheet Lead; Shot of all sizes; Painters Oil and Colours; Window-Glass, &c. &c. Portsmouth, Nov. 18, 1796.
THOSE persons who have ac- counts unsettled, or demands upon the estate of JOHN HALE, Esq. late of Portsmouth, attorney at law, deceased, are requested to ex- hibit them to WILLIAM HALE, administrator, with the will annexed; who will particularly attend said bu- siness at the office formerly occupied by said deceased, from the 21st De- cember to the 21st of January. N. B. Those indebted are request- ed to make immediate payment. Portsmouth, Dec. 16, 1796.
State of New-Hampshire. Grafton, ss.  NOTICE is hereby given to all the non-resident proprietors and owners of land in the town of Piermont in said State, that are de- linquent in paying the taxes assessed thereon for the year 1795, that un- less they pay said taxes to me the subscriber, on or before the 9th day of February next, so much of their lands will be sold at Public Vendue as will pay said taxes, with incidental charges, at the dwelling-house of Mr. David Bixby in Piermont, in said county, at ten of the clock, A. M. on said day.     No. R. Q'ty C's.     Joseph Smith, 2 100 7   Howard Henderson, 3 100 7   4th Division, 35 160 10   Samuel Wentworth, 4 100 7   Samuel Emerson, 6 100 7   Jonathan Carlton, 6 100 7   Charles Paxton, 7 100 7   4th Division, 37 160 10   Maj. J. Wentworth, 10 100 7   4th Division, 49 160 10   Robert Auchmoy, 1 100 7   4th Division, 34 160 10   Andrew Wiggins, 6 100 7   George Frost, } 30 160 10   4th Division, }   William Parker, 3 5 half 100 3 3/4   4th Division, 37 Do 160 5   Joseph Smith, } 50 160 10   4th Division, }   James Nevins, } 15 160 10   4th Division, }   Messack Weare, 5 6 100 7   House Lot, 34 1 75 4   SAMUEL S. RUSSELL, Collector. Piermont, Dec. 14, 1796.  
Sign of the Golden Tea-Pot.  Cold Weather is coming. Abraham Isaacs, HAS JUST RECEIVED A LARGE quantity of FEATHERS of a very good quality—Also, a variety of CROCK- ERY and GLASS WARE.—Like- wise, an assortment of Italian Tea- Canisters, two lb. one lb. half a lb. and quarter of a pound.—Also, an assortment of Floor, Hearth, Hand, Cloth, and Scrubbing BRUSHES. all of which he has lately received from Amsterdam. N. B. A few compleat Tea Table sets India China, which he will sell very low. [3 m.]
State of New-Hampshire. Grafton, ss. To the honorable Jesse Johnson, Esquire, one of the Justices of the Peace for said county. THE petition of the subscribers, owners of more than one six- teenth part of the proprietorship of the town of Canaan, in said county, humbly sheweth, that they labor un- der many inconveniences by reason of not being in a legal capacity to call meetings of said proprietors to transact their common or ordinary business; therefore pray your honor to call a meeting of said proprietors on the first Tuesday of January next, at 1 o'clock, P. M. at the dwelling house of Lt. Simeon Arvin, in said Canaan, to act on the following par- ticulars, viz. 1st. To choose a moderator to govern said meeting. 2d. To choose a clerk of said pro- prietors. 3d. To see if the proprietors will compleat the laying out of their lands. 4th. To agree on a method to call meetings in future. 5th. To ratify and confirm all or any part of the former votes and proceedings of their former meetings. Joshua Wells, William Richardson, Robert Barber, William Ayers, Joshua Harris, Ezekiel Wells. Dated at Canaan, Nov. 18, 1796.
Agreeable to the above petition, and the laws of the State of New-Hampshire, I do hereby notify and warn all the proprietors of the township of Canaan aforesaid, to meet at the time and place above mentioned to transact the above said business. Given under my hand, this 24th day of Novem- ber, 1796. JESSE JOHNSON, Justice Peace.
State of New-Hampshire. County of Strafford.  NOTICE is hereby given to all the proprietors and owners of land in the town of New-Durham, as well resident as non-resident, who have not paid their proprietary tax, made and assessed in pursuance of a vote of said proprietors and owners, passed at their meeting holden at said New-Durham by adjournment, on the third day of October last, and committed to me the subscriber to collect; that unless they pay the same (being one dollar and fifty eight cents on each right or share of land in said town,) to me at my dwelling house in New-Durham, at or before the 16th day of January next, their said lands will be then advertised for sale as the law directs. JOSEPH JACKSON, Proprietor's collector. New-Durham, Nov. 23, 1796.
English Goods. Just arrived and for sale, a large assortment of Fall & Winter Goods, to be sold cheap at Mr. John Staver's, Portsmouth, for cash, wholesale only. Rockingham, ff. WE the subscribers being appointed a committee by the hon. Samuel Tenny, Esquire, Judge of probate of wills, &c. for said county, to receive, examine and adjust all the claims of the creditors to the estate of James Pearce late of Chester, yeoman, deceased, represen- ted insolvent, under the administra- tion of Molly Pearce. Do hereby give notice that we will attend said business at the house of Stephen Chase, Esq. in said Chester, on the third Monday of this and the five fol- lowing months, from 3 to 6 o'clock, P. M. WILLIAM WHITE, } Com- STEPHEN CHASE, } mit- JACOB ELLIOT, } tee. Chester, Nov. 1, 1796.
TO BE SOLD At Public Auction, At the New-Hampshire Hotel; On FRIDAY next. All that Capital  F A R M, WITH the buildings thereon, situate at the North-Weft part of Portsmouth, now in the occupa- tion of William Walker, being part of the estate of the late M. H. Went- worth, Esq. deceased, and containing 200 acres more or less. Conditions to be made known at time of sale. JACOB WALDEN, Auctioneer. Portsmouth, Dec. 16, 1796.
Almanacks. The Farmer's, Thomas's, Carleton's, Low's, Weatherwife's Bicker- staff's, Noyes's, and the Federal Alma- nacks, for the year 1797. FOR SALE At J. Melcher's Printing-Office & Book-Store, by the gross, dozen or single, VERY CHEAP. A good Chance for A Young Beginner. THE subscriber having resigned the business of Cloth-Shoe making, wish- es to sell his stock and Tools at a low rate to any one inclining to purchase. J. DAVENPORT. Portsmouth, Dec. 1, 1796.
Fifty Dollars Reward. WHEREAS of late divers crimes and misdemeanors have been perpetrated by some evil mind- ed person or persons, against the peaceable citizens of this town, by cutting vessels adrift from the wharves, and destroying other property in the night, contrary to the peace and safety of society, we do therefore hereby offer a reward of FIFTY DOLLARS, to any person who shall dis- cover the perpetrators of such base acts, to be paid on legal conviction of the same. Given under our hands at Portsmouth this 1st day of December 1796. GEORGE GAINS, } Select- SUPPLY CLAP, } men. MOSES WOODWARD. }
Henry Haven Informs the public that he has removed to the store opposite Messrs. J. & J. Goddard, where he has for sale, A general assortment of European GOODS, Portsmouth, Nov. 22, 1796. Cheap Broad Cloths.
Edw'd Parry, SIGN OF THE LAMB AND FLAG. Has just received, from England, a large assortment of  SUPERFINE Broad Cloths; Kerseymeres; striped and spotted Elastic; which he will sell cheap, by Wholesale and Retail, for Cash or short credit. He has also received a new assortment of Ladies' and Gentlemen's best beaver Hats; Ladies' fancy velour Hats and Bonnets, trim'd in the new- est fashions; best Thread Lace and Edgings, and a compleat assortment of Lutestrings; Chintzes; Modes and Satin; Irish Linen, &c. &c. N. B. A few Bales Sewing Twine and Shoe Thread. Dec. 14, 1796.
LOST yesterday between the hours of 10 and 12 o'clock on the road lead- ing from Dover to Portsmouth, thirty dollars, seven old Crowns and some change; whoever has found the same or any part thereof, will very much oblige the owner by leaving it at the Printing- Office, where they will receive what they shall think a generous reward. Dec. 3.
A small flock tame Geese came about the first of August last, and joined a flock be- longing to the subscriber, they have been well fed and enquiry made to find the owner, but to no purpose; any person having legal claim to the same may have them by applying to the subscriber at little harbor and paying costs. OLIVER CHASE. Dec. 1, 1796.
ALL persons having any demands on the estate of RICHARD DOWNING, late of Newington, Esq. deceased, are desired to exhibit them without delay to the subscri- bers, and those indebted are also re- quested to make payment to BARTHOLOMEW DOWNING, } Admi- RICHARD D. HART, } nistra- tors to said Estate. Newington, Dec. 1, 1796.