The New Hampshire gazette (Portsmouth [N.H.]), 1797-03-04 00:00:00

THE New Hampshire Gazette.
HERE TRUTH IS WELCOME—CANDOUR GUIDES THE WAY.
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Vol. XLI.—Numb. 2101.]
SATURDAY, March 4, 1797.
[9s. pr. Annum.]
DOCUMENTS
Which accompanied the message of the President of the United States to both houses of Congress, Jan. 19, 1797.
Letter to Mr. Pinckney, Minister Plenipotentiary of the United States to the French Republic.
Department of State, Jan. 16. '79.
(Concluded.)
MR. Jay remarked that agreeably to the declaration of independence, the United States, as free and independent had full power to levy war, conclude peace, contract alliances, &c. That by the act of confederation, the title of the confederacy was declared to be THE UNITED STATES OF AMERICA, and by that act Congress were vested with the sole and exclusive right and power of determining on peace and war, and of entering into treaties and alliances. That being of right and in fact free and independent states, their Representatives in Congress granted a commission to certain gentlemen of whom Doctor Franklin and he were two, in their name to confer, treat and conclude with ambassadors or commissioners vested with equal powers, relating to the re-establishing of peace, &c. But the first commission to Mr. Oswald was not equivalent: the United States were not named in it; nor their commissioners, who consequently were not the persons with whom Mr. Oswald was authorised to treat. And if the commissioners had consented to treat with Mr. Oswald under such a commission, what would have been the condition of the people of the United States in the interval, between the commencement of the negotiation and the conclusion of peace? They would have been not independent citizens; but by our own acknowledgment British Subjects. Mr. Jay would not consent to this degradation, after we had maintained our independence six years, and after we had established it in fact, and after Congress had by firm and repeated resolutions refused to treat with Great Britain, unless as a preliminary, she withdrew her fleets and armies or else in positive and express terms acknowledged the independence of the United States. At the same time Congress manifested their readiness to attend to such terms of peace as might consist with the Honor of Independent Nations; but the honor of an independent nation forbade their treating in a subordinate capacity. Even the dignity of France, who four years before treated with us as an independent nation, required that we should not degrade ourselves when going to treat with her enemy. And why then should her ministers desire us to do it? especially when the treaty of defensive alliance declared the "essential and direct end of it was to maintain effectually the liberty, sovereignty, and independence absolute and unlimited of the United States, as well as in matters of Government as of Commerce." There were several reasons. The two parties France and the United States, engaged not to lay down their arms until the independence of the United States should be attained. The explicit acknowledgment of their independence by Great Britain would show that for the essential and direct object of the alliance there was no necessity of continuing the war. But since making this treaty of alliance, with the United States, France had formed other connections, with whose views we had no concern, and for whose sake we were not bound to postpone the offered peace. We have seen the explicit avowal of the King of France that he entered into a treaty with the United States with the view to promote the safety and interest of his kingdom and subjects, by diminishing the power of England; but in doing this, and eventually facilitating our independence on Great Britain, it became apparent that there would be no objection to our dependence on France, particularly in "leaving the King master of the terms of the treaty of peace." And to keep us thus far dependent was manifestly the object of certain measures of the French court calculated to deprive the United States of an immense Western Territory; of the navigation of the Mississippi; and of the fisheries, except on our own coast. A combination of facts and circumstances, leave no doubt of the intentions of the French Court as to the objects above mentioned. I cannot undertake the lengthy detail; and will only just mention in regard to territory, what was proposed and urged by one whole official station rendered it impossible to believe that he was expressing only his own sentiments; or that he was not acting by the direction of the French Court. He proposed what he called a conciliatory line between the United States and Spain. This was to begin at the division of East from West Florida, and run thence to fort Toulouche on the river Alabama; thence by different courses to Cumberland river, and down Cumberland to the Ohio. It was insisted that the United States could have no pretensions westward of this line: That "As to the course and navigation of
the Mississippi, they followed the property; and would belong therefore to the nation to which the two banks belonged: the United States could have no pretensions, not being matters of either borders of the river;" and that "as to what respects the lands situated to the northward of the Ohio, there was reason to presume that Spain could form no pretensions thereto: their fate must be regulated with the court of London." It is certain that originally, Spain made no pretensions to any lands eastward of the Mississippi to the northward of the Floridas; and it is clear that the idea of her finally making the claim, was suggested by the court of France.
We are now prepared to understand the declarations made in the instructions to citizen Genet, Minister Plenipotentiary from the French Republic to the United States. These instructions are dated the 4th January, 1793, and were published in December of that year, in Philadelphia by Mr. Genet, in vindication of his extraordinary measures which had induced our government to desire his recall. In these instructions we find the following passages—"The executive council has called for the instructions given to Citizen Genet's predecessors in America, and has seen in them, with indignation that at the very time the good people of America expressed their gratitude to us in the most feeling manner, and gave us every proof of their friendship, Vergennes and Montmorin thought it was right for France to hinder the United States from taking that political liability of which they were capable; because they would soon acquire a strength which it was probable they would be eager to abuse." "The same machievian principle influenced the operations of the war for Independence; the same duplicity reigned over the negotiations for peace."
We see then, that in forming connections with us in 1778, the Court of France the actual organ of the nation, had no regard to the interest of the United States; but that their object was, by seizing the occasion of dismembering the British Empire, to diminish the power of a formidable rival; and that when after we had carried on a distressing war for seven years, the great object for which we had contended, Independence was within our reach, that court endeavored to postpone the acknowledgment of it by Great Britain, and eventually to deprive us of its fairest fruits—a just extent of territory—the navigation of the Mississippi, and the Fishery.
Such being the motives and conduct of France, what inspired our truly grateful sentiments towards that nation? The ardent affection, the sincere friendship of Americans to Frenchmen? We were engaged in a common cause against Great Britain—we received loans of money—we were aided by troops and ships in attacking and conquering the common enemy in the bosom of our country; and this association in war produced acquaintances and personal friendships: and experiencing these benefits, we gave to our feelings, without inquiring into the motives from which they were rendered.
But why are we so often reminded of the debt of gratitude? It is really because more than gratitude, because compensation is expected to cancel it? If compensation is the object, the treaty of alliance has abolished the claim—"The contracting parties declare, that being resolved to fulfil each on its own part, the clauses and conditions of the present treaty of alliance, according to its own power and circumstances, there shall be no after claim of compensation, on one side or the other, whatever may be the event of the war."
I am here naturally led to notice Mr. Adet's charge already mentioned—That we have not offered to France the succors which friendship might have given, without compromising the government.
If Mr. Adet had specified the kind of succors which might thus have been offered, we could better judge of the correctness of his assertion.
But is it true that we have rendered no succors to France? Read the following passages in the secretary of state's letter of the 16th of August, 1793, to Mr. Morris. "We recollect with satisfaction, that in the course of two years, by unceasing exertions, we paid up seven years arrears and instalments of our debt to France, which the inefficacy of our first form of government had suffered to be accumulating; that pressing on still to the entire fulfilment of our engagements, we have facilitated to Mr. Genet the effect of the instalments of the present year to enable him to send relief to his fellow-citizens in France, threatened with famine; that in the first moment of the insurrection, which threatened the colony of St. Domingo, we stepped forward to their relief with arms and money, taking freely on ourselves the risk of an unauthorised aid, when delay would have been denial—that we have given the exclusive admission to fell here the prizes made by France on her enemies in the present war, tho' unspoliated in our treaties, and unfound in her own practice or in that of other nations, as we believe.
To this detail I have to add, That of
all the loans and supplies received from France in the American war, amounting nearly to fifty-three millions of livres, the United States under their late government had been enabled to pay not two million and a half of livres; that the present Government after paying up the arrears and instalments mentioned by Mr. Jefferson has been continually anticipating the subsequent instalments, until in the year 1795, the whole of our debt to France was discharged by anticipating the payment of eleven millions and a half of livres; no part of which would have become due until the 2d of September, 1796, and then only one million and a half; the residue at subsequent periods; the last not until the year 1802.
There remain yet various passages in Mr. Adet's notes on which some observations are to be made.
In my letter of the 1st November last, in answer to Mr. Adet's note of October 27th, in which he communicated the decree of the Executive Directory of the 2d July last, declaring that the flag of the Republic of France, should treat the flag of neutrals in the same manner as these shall suffer it to be treated by the English, I asked an explanation of the decree; mentioning the circumstances which excited doubts. There seemed to be sufficient cause for inquiry. Had the decree referred to the past captures by the English our knowledge of them would have been some guide in forming our opinion of the threatened captures by the French: but the operation of the decree was to depend on the future conduct of the English: the French were to treat the flag of neutrals as these shall suffer it to be treated by the English. As this could not be ascertained beforehand, we wished to know whether the restraints then exercised by the British government were considered as of a nature to justify a denial of those rights which were pledged to us by our treaty with France? Whether the orders had actually been given to capture the vessels of the United States? And if given, what were the precise terms of those orders? Mr. Adet, in his reply, says that I appear not to have understood either the decree of the Directory or his note which accompanied it. The meaning of the decree is certainly not very obvious. The manner of executing it, was declared to depend on a contingency—the future conduct of the English. How were the French cruisers in the four quarters of the world to determine what was the conduct of the English at any given time? If he could have furnished a copy of the orders actually given to French armed vessels, under the decree, we might have seen clearly what were the intentions of the Directory. If we are to take the practice of the French armed vessels and some of the French tribunals as the true illustration of the decree, Mr. Adet's own explanation will be very defective.
He has specified only two cases, the taking of English (or other enemy's) property on board American vessels, and the seizure of all the goods classed as contraband in our treaty with Great Britain. In the case of contraband goods the seizure of them is lawful only when they are destined to the ports of their enemies; and the contraband goods only are liable to confiscation. But the special agents of the Directory in the West-Indies order the seizure of all vessels having on board contraband goods, no matter whether destined to an enemy's, or to a neutral, or even to a French port; and when seized, they confiscate not merely the contraband articles, but all other goods, and the vessel herself in which they are laden. They also assign in their decrees of confiscation another cause of capture and condemnation—that the American vessel has failed to or from a port in possession of the English. We are not informed that the English take any neutral vessels for this cause. We have heard of several American vessels being captured and confiscated by the French, merely because they had not a sea-letter, when no doubt could have been entertained of the property being American. Yet it is conceived that the want of a sea-letter was never intended to exclude other proofs of property.
Further, ought we to have imagined that the executive directory intended to leave it to the discretion of every privateer and of every inferior tribunal to judge what at any time subsequent to their decree was the actual treatment received by American vessels from the British? Ought we to have imagined that the decree was formed in such indefinite terms on purpose to give scope for arbitrary constructions, and consequently for unlimited oppression? Ought we to have imagined what Mr. Adet has himself declared to be the meaning of the decree, that the French armed vessels were not to content themselves with capturing American vessels having English property or contraband goods on board, and getting such property and goods condemned by their tribunals; but if any English commanders were to practise "vexations" towards Americans, that Frenchmen were to do the same? Ought we to have imagined that the directory intended the citizens of France should be encouraged to
take revenge on their friends for the outrages of their enemies? And what is to limit these vexations? If one English commander in a hundred perversely and wantonly abuses his power, is every French officer to become his rival in dishonor? Or if we are to suffer only measure for measure (and surely the decree goes not beyond this) who is to designate the every hundredth French officer who is to be the instrument of similar oppression.
But French armed vessels are to make all these captures in violation of the treaty, and we are to suffer all these vexations in violation of reason and humanity, while we endure them from the English "without any efficacious opposition!"—And what opposition will be deemed efficacious? For all captures made by the British contrary to the law of nations we have, agreeably to that law, demanded satisfaction. The British have engaged to make us satisfaction; and commissioners are now sitting to liquidate those demands—What opposition could have been more efficacious? What further opposition can be lawful?
Instead of further comments on this subject, let me present to you some passages in Mr. Adet's letter of the 14th of July 1795. (37) In this letter he communicated to the secretary of state the decree of the committee of public safety of the 3d of January 1795, repealing the 5th article of the Decree of the 15th of November 1794. (38) The latter violate our treaty by seizing the property of the enemies of France on board American vessels to capture, and by adding to the list of articles contraband: It was therefore repealed by the former. Mr. Adet seized this occasion to make the following declaration: "You will see, Sir, (said he) in both [the decrees] the undisguised disposition and sincere desire of the French government religiously to observe the engagements it has contracted with its allies and its readiness to redress infractions which have never taken place but from the impulse of circumstances." It is amidst her triumphs that the republic loves to give this striking mark of its fidelity. Victorious France knows no other concern than that of justice,—no other diplomatic language than that of truth."—To this truth, to this justice, to this fidelity, we now make our appeal.
From the file of Mr. Adet's complaint of the British being suffered to arm in our ports, it might be imagined the instances were numerous. None were permitted; the actual armaments were few: and are as old as the year 1793, and were represented by Mr. Genet to the secretary of state—"What answer (asks Mr. Adet) did the government give to the representations of the Minister of the French Republic in this respect? It is said that these vessels failed too suddenly; that it was not able to cause them to be stopped." The answer was given by the secretary of state in different words. (39) "Those from Charleston and Philadelphia have gone off before it was known to the government, and the former indeed in the first moments of the war, and before preventive measures could be taken in so distant a port." In the case of the Trusty, Capt. Hale, at Baltimore, the Governor of Maryland having been informed that she had been buying guns had given orders to examine the fact; "but the got off before the officer could get on board, having cleared out three or four days before." I have not observed that Mr. Genet ever renewed his complaint with regard to any of these vessels, whence I suppose he was satisfied with the answer: as indeed he ought to have been. The two English vessels that failed from Philadelphia escaped even the vigilance of the French Consul (40) both had departed many days before he had been informed of them—This is stated by the Consul himself in his report of the 21st June, 1793, to Mr. Genet. And yet the government is now charged by Mr. Adet with violating the treaty because it did not stop them! Although the officers of the United States had been required to be watchful, and to report all illegal armaments in our ports, yet it was natural for the government to expect to derive information from the French Consuls, who doubtless were charged by their own government to be particularly vigilant in regard to all attempts at such armaments by the enemies of the Republic. Mr. Adet remarks that "Some inhabitants of the United States had aided in these illegal armaments of the enemies of France;" and asks, "what measures were taken against them? Was any search made to discover them—to protect them? Never!"—Yet the very letter from Mr. Genet to the secretary of state, in which and its inclosures Mr. Adet has found this subject of complaint, suggests a different conclusion; "I learn with pleasure (says Mr. Genet) by your letter of the 23d of this month (June 1793) that the government of Georgia have caused to be stopped a vessel armed in that state, for the purpose of cruising against the French, and that the persons interested in this vessel will be prosecuted." (41)
I shall say but a few words on the subject of the letters of which Mr. Adet complained that they remained unanswered. The first (of Sept. 29th, 1795) contained those reproachful insinuations which were recited in my letter of the 1st of Nov. last. Why were these introduced by him if they were not to be applied? An answer was draughted on the subject of his letter, with animadversions on those insinuations: but desiring to avoid irritations, the answer was not sent. It was deemed of the less consequence, seeing in my letter to Mr. Monroe of the 18th of Sept. 1795, the sentiments and reasonings of the government on that and other subjects relating to France had been fully expressed, to enable him to make immediate communications to the French government itself; and it was hoped that the information given in that letter, and in others written to him the preceding summer, would have furnished materials (and that these materials would have been timely used) for such representations as would have satisfied the French government, that the United States, in forming the treaty with Great Britain, and only exercised an indisputable right: and neither by that treaty or any other act had infringed a single article of our treaties with France.
On the subject of the impresses of our seamen, mentioned in Mr. Adet's letters of March and April 1796, I shall only add, that nothing was more notorious than that those impresses had excited universal resentment in the United States, and been the subject of repeated remonstrance from our Government to the British court. Thus in Mr. Pinckney's note to Lord Grenville in August 1793, which was published here that year, in the same collection of State papers with Mr. Jefferson's letter of September 7th (42) which Mr. Adet thus quoted, and on the 5th page next succeeding it, we find the following: "Under this head it may be observed that for want of arrangements being made for the security of American seamen in the ports of this country, (England) they are subject to the various hardships Mr. Pinckney has so frequently detailed to Lord Grenville." And in the next page, in his letter to Mr. Jefferson, Mr. Pinckney says—"The protection afforded our seamen remains also on the same footing; they (the British government) profess a willingness to secure to us all real American seamen, when proved to be such; but the proof they will not dispense with." To remove as far as possible the embarrassments arising from this cause, and more effectually to protect our seamen, was the object of a bill pending in Congress, and the subject of public debate, at the time I received Mr. Adet's letters. This bill was passed into a law.
All these acts demonstrated that the government did not affect, but on the contrary, that they resisted the impressment of American seamen; and this resistance has been continued; consequently we cannot be charged on this ground with a violation of our neutrality.
Among the former subjects of complaint not now renewed by Mr. Adet, is that against the government for permitting the purchase and exportation of horses, by British Agents, in the course of the last Winter and Spring. The correspondence on this subject is lengthy; and yet the question lies within a very narrow compass.
Perhaps no rule is now better established, than that neutral nations have a right to trade freely with nations at war; either by carrying and selling to them all kinds of Merchandize, or permitting them to come and purchase the same commodities in the neutral territory; in the latter case, not refusing to one power at war what it permits another to purchase; with this exception in respect to articles contraband, that if the cruisers of one of the belligerent powers meet at sea with neutral vessels laden with such articles destined to the ports of their enemies, the neutral vessels may be captured, and the contraband goods will be lawful prize to the captors; but the residue of their cargo and the vessels themselves are to be discharged.
But if there were any doubt on this point under the law of nations, there can be none in relation to France and the United States; because this matter is specially regulated by their Treaty of commerce. This Treaty, so far from restraining the trade of either party remaining neutral, while the other is engaged in war, provides regulations agreeably to which it should be conducted.
The 12th and 13th Articles authorized either party, that is at war, to stop the neutral merchant vessels of the other destined to the ports of an enemy, upon just grounds of suspicion, concerning the voyage or the lading. If on examining the ship's papers it appears there are any contraband goods on board "consigned for a port under the obedience of his enemies," they may be carried into port, and the contraband articles may, by regular proceedings in the admiralty, be confiscated: "saving always as well the ship itself, as any other goods found therein, which by this treaty are to be esteemed free: neither may they be detained on pretence of their being as

it were infected by the prohibited goods, much less shall they be confiscated as lawful prize."—It further provides, that if the master of the neutral ship shall be willing to deliver the contraband goods to the captor, and the latter receives them, then is the neutral ship to be forthwith discharged and allowed freely to prosecute her voyage. The 3d article goes further—if the neutral ship shall have on board the enemies of the other, they are not to be "taken out unless they are soldiers in actual service."
These articles are so explicit, it may seem strange that a doubt should arise concerning them; I presume no doubt did arise: for Mr. Adet overlooked these provisions of the treaty, demanded that the government should stop the exportation of horses by the British, upon the principle that it was a neutral duty required by the law of nations. An answer was given to his demands, in which the regulations of our treaty with France were particularly brought into view, as well as the rules of the law of nations. Mr. Adet, however, after some time renewed his claims; but again kept the treaty out of sight. An answer was given to these renewed claims; and we heard no more of the subject until the French privateers in the West-Indies began to capture American vessels which had horses on board. You will find among the documents on this subject the copy of a "decree of the citizens Victor Hughes and Lebas, the special agents of the Executive Directory in the Windward Islands, condemning an American vessel and her entire cargo, for having a small number of horses on board—not bound to their enemy's but to a neutral port. And the special agents ground their decree on the advice they received from Mr. Adet, under the date of the 4th Messidor, being July 22, 1796.—This vessel and cargo were thus condemned without the light of a single paper belonging to her: the master had them in his pocket, and would have brought them home, but for the recollection of the interpreter, some hours after the sentence of condemnation had been passed. These citizens exercise indeed a very brief authority. The process in the case of a second American vessel, which to complete her lading had taken on board nineteen horses, but which was also bound to a neutral port was in this form. The captain having come before one of the agents, he without any previous examination or hearing, addressing himself to the captain, pronounced sentence in these words—"I have confiscated your vessel and cargo"—closing the sentence with approving language.
Mr. Adet, on the 18th of May last revived his predecessor's claim of right by treaty to sell their prizes in our ports. This occasioned the correspondence on this subject which you will find among the documents collected on this occasion. He contends himself, however, with considering it as a right granted not positively, but by implication. That is, because the treaty forbids the enemies of France to sell their prizes in our ports—therefore it grants to her a right of selling her prizes. As if my friend's denial of a favor to my enemy, was in fact a grant of the same favor to me.—The simple statement of the ground of the claim would seem sufficient to show that the treaty will not support it. That sales of French prizes have been at all permitted has been owing to the indulgence of the government. This indulgence was continued until it interfered with a new positive obligation: an obligation precisely the same that France herself contracted eight years subsequent to her treaty with us, and with the same power. This obligation is found in the 24th article of our treaty, and the 16th of the French Treaty, with Great Britain. Thus France and the United States alike engaged to permit no enemy of Great Britain to arm privateers in their ports, or to sell their prizes there, or in any manner to exchange them. Consequently had France remained at peace, and we engaged in a war with Great Britain, our privateers would not be permitted to sell their prizes in French ports. And by the maritime law of France (43) prizes, except they are taken from her enemies, can stay in her ports no more than 24 hours, unless compelled by tempest to remain longer; and the sales of such prizes are forbidden under severe penalties. But notwithstanding the certainty of our right to forbid the sales of prizes in our ports, and notwithstanding the express legal command of the Chief Justice of the United States holding a Circuit Court in South Carolina in May last prohibiting the sale of a particular prize (the British ship Amity) at Charleston—the French Agent sold the prize vessel and the sale received the formal sanction of the French Consul. Yet even this affair has been made a subject of complaint by Mr. Adet, because the collector of that port refused a clearance to the prize vessel thus sold in defiance of the authority of the United States; and because he also delayed, until, in a new case, he should get advice, to permit the exportation of the cargo of the prize ship which on a survey had been reported to be irreparable.
Indeed the French Minister has discovered an aptitude to complain. I may cite as instances his letters of the 9th of January and the 3d March, 1796; the former because the colors of France which he had presented to the United States were not permanently fixed and displayed before Congress: the latter, because some printers of Almanacs or other periodical publications in the United States in arranging the names of the foreign Ministers and Agents resident amongst us, had placed those of Great Britain before those of France and Spain. Mr. Adet desired my declaration in writing that the government of the United States had no concern in printing the works in which the agents of the French Republic were registered after those of Great Britain, and that the works themselves might be suppressed. I gave him an answer in writing with my consent to his publishing it in the newspapers, agreeably to his request. The answer states
that in matters of this kind the government did not and could not interfere. With regard to the colors, I must observe that in what concerns our foreign relations, the President being the sole Representative of the People of the United States, they were properly presented to him. He received them with all possible respect, and directed them to be deposited with our national archives, that both might be preserved with equal care.
It remains to notice a summary of complaints exhibited by M. De la Croix, the French Minister for foreign affairs to Mr. Monroe, our Minister at Paris, under the date of March 9th, 1796, to which the latter returned an answer, under the date of March 15th. These were inclosed in Mr. Monroe's letter of the 2d of May, and received at the department of State on the 19th of July. Copies of both papers and an extract of so much of his letter as relates to this subject are among the documents now collected.
First complaint.—The inexecution of Treaties. 1st. The Courts of Justice have taken and still take cognizance of prizes brought by French privateers into the ports of the United States.
2d. English ships of war have been admitted into those ports, even in cases prohibited by the 17th article of the treaty; that is, when they have made prizes on the French Republic or its citizens; and have also conducted thither their prizes.
3d. The Consular Convention has in two points become illusory. 1st. For want of giving to the Consuls the means of having their decisions executed in all disputes between Frenchmen, of which the Consuls have the exclusive cognizance; and, Because the judges charged with issuing warrants for apprehending French mariners who desert, require the original roll of the crew to be first produced. 4th. The arrest of the Corvette Le Cassius and her Captain.
Second Complaint. The impunity of the outrage committed on the Republic in the person of its Minister, the Citizen Fauchet, by the English ship Africa, in concert with the Vice Consul of that nation, within the waters of the United States.
Third Complaint.—The Treaty concluded in Nov. 1794, between the U. States and Great Britain.
Excepting the second complaint, relative to the attempt of the English ship Africa to seize Mr. Fauchet and his papers; and the 3d article under the first complaint relative to the Consular Convention, all the charges in this summary have been already examined, and we think proper to be unfounded.
As to the Consular Convention, many inconveniences would attend the giving to the Consuls a jurisdiction to the extent contended for on the part of the French Republic, to be exercised by French Consuls in the United States, and consequently by American Consuls in France. The inconveniences are manifestly so great as to require very explicit language in the Convention of the two nations on this subject, to authorize the conclusion that such an enlarged jurisdiction was intended. It would be to erect in foreign countries complete courts of justice, with effectual process to compel the appearance of parties and witnesses, and to execute their decisions. And as the transactions in commerce and navigation could not in the nature of things be confined to the foreigners alone, the citizens of the country must often be necessary witnesses to those transactions, and of course rendered amenable to this foreign jurisdiction in their own country; whereas the jurisdiction demanded is only of French Consuls over French citizens in the United States; and reciprocally of American Consuls over the citizens of the United States in France. From these considerations a presumption would arise, that the jurisdiction contemplated in the Consular Convention was to be merely voluntary, but at the same time exclusive of the courts of the country. An examination of the Convention we believe will support this and no other construction. The 12th article provides that all differences and suits between Frenchmen in the United States, and between citizens of the United States in France, and particularly all disputes between seamen and their captains, and between captains of different vessels of their nation shall be determined by the respective consuls, either by a reference to arbitrators, or by a summary judgment and without costs. "No officer of the country, civil or military; shall interfere therein, or take any part whatever in the matter."—This last clause alone would seem sufficient to repel the claim we are considering. Sheriffs, marshals, and their deputies cannot aid in the execution of Consular decisions, because they are "officers of the country," expressly forbidden to "take any part in the matter." But was it meant that the laws should give Consuls the power to appoint such executive officers of their own nation? We find no such thing in the Convention. On the contrary in the case of deserters from vessels mentioned in the 9th article, whom the Consuls are authorized to cause to be arrested, they are expressly directed to apply in writing to the "courts, judges and officers competent" to make the arrests: meaning the courts, judges and officers of the country where the consuls reside. Besides, if power could be given to consuls to appoint officers to execute their decisions, these officers must of course have their fees of compensation to be paid by one or other of the parties: but the 12th article declares that the Consular judgments shall be "without costs." To these observations I subjoin the deliberate opinions of two respectable lawyers, Mr. Harrison of New-York, and Mr. Bradford, the late Attorney General of the United States. "I have considered the 12th article of the Convention between his late most Christian Majesty and the United States of America, and also the act of Congress concerning Consuls and Vice-Consuls, as far as it prescribes the
duty of marshals of the United States, and it is my opinion that the marshals are not bound by law to execute any sentence of a French Consul, arising under the said article.
RICHARD HARRISON, Attorney United States, for the N. York District.
New-York, 6th March, 1794." "I have considered the Convention and act above referred to, and I perfectly coincide in the opinion given by the Attorney of the United States for the district of New-York.
WM. BRADFORD. "Philadelphia, 14th March, 1794." The other complaint under this head is, that the judges who are charged (by an act of Congress) to issue warrants of arrest against deserters from French vessels have required the original ship's roll to prove that the men alleged to have deserted were a part of the crew; in contempt of the 5th article which admits in the tribunals of both countries copies certified by the consul.
If we look at the 9th article of the Consular treaty we shall see that the Consuls who demand the arrests of deserters from vessels of their nation, must prove "by an exhibition of the registers of the vessels or ship's roll, that those men were a part of the crew." It is apparent that the original roll, and not a copy is here referred to; nor indeed is the contrary pretended; but it is said that the 5th article admits certified consular copies as evidence in the courts of both nations. But the 5th article appears to have no relation to the subject of the 9th. It stipulates that "the consuls respectively shall have the exclusive right of receiving in their chancery, or on board of vessels, the declarations and all other acts which the captains, masters, crews, passengers, and merchants of their nation may choose to make there, even their testaments and their dispositions by last will: and the copies of the said acts, duly authenticated by the said consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would." The ship's roll, (or shipping paper) of a vessel's crew is not an act to be done, before the consul, but the evidence of a private agreement between the Captain of a vessel and his crew; and when he alleges that any of them have deserted, the 9th article requires this original evidence of the fact to be produced to the judge as the ground on which he shall issue his warrant to arrest them. And this is the construction put on this article by the judges; and for ought I know without any diversity of opinion. The difference alleged by Mr. Fauchet in one of his letters to the secretary of state I have enquired into; and find he was under a mistake. And the mistake arose probably from this circumstance, that when from the information of the consul there was danger that the deserter would wholly escape unless instantly apprehended, the judge has issued his warrant to arrest and bring before him the alleged deserter; but when brought, that judge has not committed the man, or delivered him to the Consul, unless the original roll was produced to prove him one of the ship's crew.
As to the outrage against Mr. Fauchet by the Africa Man of War, in attempting to seize him and his papers within the jurisdiction of the United States, and Capt. Home's insult on their authority, I do not know what measures more efficacious could have been taken by the executive than those which were adopted, to obtain satisfaction. After waiting a reasonable time for explanations on the part of Captain Home, and of Mr. Moore, the English Vice Consul, and receiving none, the President revoked the exequatur of the Vice Consul, and desired the Governor of Rhode Island, where the Africa had been lying to communicate to Capt. Home the demand of the President—that he should immediately remove from a station within the jurisdiction of the United States where he had violated their rights; and further to make known to him, That in forty-eight hours after the requisition should be communicated to him, all intercourse between the citizens of the United States and his ship should be forbidden. It is very true that the exequatur of the British Vice Consul was withdrawn expressly for his knowingly transmitting to the Governor of Rhode Island a most insulting letter from Capt. Home; because altho' he was on board the Africa when the attempt was made against Mr. Fauchet, the President had no evidence of his co-operation. The minister of the United States in London, was directed to represent to that court the conduct of Capt. Home, and to demand his exemplary punishment. It was not to be expected that he would be judged unheard; and consequently much delay must have ensued. From her station on the coast of North America, the Africa went to the West Indies. Seeing sometime since by an article in the newspapers that the Africa was returning to England, our minister in London was reminded of this affair, that the demand of satisfaction might be renewed.
Although the subject of M. De la Croix's third and last complaint (the British treaty) has been already discussed, allow me here to make a few remarks. He says "It will be easy to prove that the United States in this treaty have knowingly and evidently sacrificed their connections with the Republic, and the most essential and least contested prerogatives of neutrality."—The reverse of what the minister confiders so easy to prove, we think has been demonstrated. Our legally binding connections with France we always considered as being formed by our treaties; and we say with confidence that we have not "knowingly" violated these in a single article. If individuals have at any time infringed them, the government has been sincere and diligent in its endeavors to redress the wrong. If the ties of affection, of warm, enthusiastic friendship have been weakened, the cause is to be sought for not in the acts of the American Government; which have
been constantly directed to the preservation of our peace with all nations. These ties did not depend on treaties. It was our friendship to France, contracted during our revolution, and our partiality for the cause of liberty and self government for which she engaged her own, that made us endure numerous injuries almost without complaining. We were not willing to ascribe to the Republic the outrages of her Ministers against the laws, the sovereignty, and the dignity of the U. States, or the exceptional file of their communications. Even when for such flagrant aggressions, often repeated, we desired the recall of one of her Ministers, it was done in the most soothing language, and in the meantime left the interest of the Republic should suffer, he was permitted to exercise his functions in all cases in which those interests could be affected. When his successor arrived, he officially requested that the offending minister might be apprehended, that he might be sent to France: but the government, satisfied by his removal, declined the measure. Some irritations were experienced from that successor—What sensations have been produced by Mr. Adet's notes, your own feelings, on the perusal, will enable you to judge. If he intended to excite the general indignation of our citizens, he is not disappointed: but it is presumed this was not the object. After an exhibition of complaints in a file so exceptional, he could add but one more improper act, that of publishing his notes in the newspapers: he had scarcely transmitted them to the executive, before he forwarded them to the printer for publication.
From the foregoing statement we trust it will appear, That there has been no attempt in the government of the United States to violate our treaty or weaken our engagements with France. That whatever resistance it has opposed to the measures of her agents, the maintenance of the laws and sovereignty of the United States and their neutral obligations have rendered indispensable: that it has never acquiesced in any acts violating our rights or interfering with the advantages stipulated to France; but on the contrary has opposed them by all the means in its power: That it has withheld no succors from France that were compatible with the duties of neutrality to grant: That as well by their independent political rights as by the express provisions of the commercial treaty with France, the United States were at full liberty to enter into commercial treaties with any other nation, and consequently with Great Britain: That no facts manifesting a partiality to that country, have been, and I add, that none such can be produced.
Of the propriety and justness of these conclusions you will endeavor to satisfy the French Government; and conscious of the rectitude of our own proceedings, during the whole course of the present war, we cannot but entertain the most sanguine expectations that they will be satisfied. We even hope that this has been already accomplished, and that you will be saved from the pain of renewing a discussion which the government has entered upon with regret. Your mission and instructions prove its solicitude to have prevented this necessity, and the sincerity of its present hopes, that your endeavors, agreeably to those instructions, "To remove jealousies and obviate complaints, by shewing that they are groundless—to restore confidence so unfortunately and injuriously impaired—to explain the relative interests of both countries, and the real sentiments of your own," have been attended with success.—And as a consequence thereof we rely on the repeal of the decrees and orders which expose our commerce to indefinite injuries, which militate with the obligations of treaties and our rights as a neutral nation.
I have the honor to be, With great respect, Sir, Your most obedient servant, TIMOTHY PICKERING.
(1) Book 3. S. 115. (2) Valin P. 250, Reg. Oct. 21, 1744. Art. 5. (3) Valin vol. 2, p. 252, 253. (4) State papers, p. 50, 53, 55. (5) B. 7. S. 112. (6) Valin vol. 2, p. 264. (7) Hilt. Armed Neutrality, p. 77. (8) Marten's Treaties, vol. 2, p. 193. (9) Hilt. Armed Neut. p. 147—130. (10) Treaty of Alliance, Art. 2. (11) Letter, June 8, 1795. (12) State papers, p. 75. (13) State papers, p. 77. (14) Secretary of State to Mr. Fauchet, Sept. 7, 1794. (15) Letter from the Secretary of State to Mr. Morris, Aug. 16, 1793, State paper, p. 62. (16) State papers, p. 15. (17) State papers, p. 68. (18) Letter to Mr. Morris, Aug. 16th, 1793, State papers, p. 58. (19) State papers, p. 68. (20) Mr. Adet has since corrected this date, the decree intended being dated Feb. 19, 1793. This is already published with the state papers of that year, page 15. (21) Obs. p. 60. (22) Obs. p. 64. (23) Obs. p. 66. (24) Obs. p. 67. (25) Obs. p. 69. (26) Obs. p. 73. (27) Journals of Congress, 22d April, 1778. (28) Obs. p. 77. (29) Obs. p. 78. (30) Obs. p. 82. (31) Obs. p. 88. (32) Obs. p. 89. (33) Obs. p. 90. (34) Obs. p. 91. (35) Obs. p. 99. (36) Obs. p. 95, 96. (37) 14th Nivole 3d year. (38) Brumaire 3d year. (39) State papers, p. 41, June 30, 1793.
(40) State papers, p. 41. (41) State papers p. 40. (42) Mr. Adet by mistake dates it September 13th. (43) Valin, vol. 2, p. 272.
Of disordered and Dangerous Dogs.
MR. RUSSEL, I THINK it is about two months since I first heard of dogs, supposed to be going mad in this town and its vicinity. From that time to the moment of this communication, I have been attentive to observation and unremitting enquiry. Hoping there were others from whose more able hands and heads, communications would have been made, I have withheld my feeble aid—no one coming forth, and as I fear extreme hazard increasing, I cannot without injuring my mind, longer withhold what I have been made acquainted with—In several near towns, before any symptoms of disease appeared in this, several dogs were disordered, they did much mischief, and those who knew it armed themselves accordingly: Such of those dogs as were discovered in town, as far as has come to my knowledge, have been killed and buried—excepting those that run away (contrary to the wish of their owners) it is feared they have done much injury, by biting other dogs, hogs, &c. The writer of this, having ascertained the foregoing facts, wishing public safety, obtained the following extract from Dr. Mortherby's Medical Dictionary, published in London, 1795, viz.
According to Boerhaave, the signs of madness in a dog are as follows: He becomes dull, solitary, and endeavors to hide himself; he seldom barks, but makes a kind of murmuring noise, at the same time he presses all kinds of meat and drink; he is enraged at and flies upon strangers, but in this stage he remembers and respects his master; his ears and head hanging down, he walks nodding, as if overpowered with sleep: This is the first stage, and a bite now, though dangerous, is not so bad as afterwards. After these symptoms, the dog begins to pant, he breathes quick and heavy, hangs out his tongue to emit a great deal of froth from his mouth, which he keeps perpetually open; sometimes he walks slowly and as if half asleep, and then suddenly runs, but not always directly forward as is pretended; at length he forgets his master, his eyes look dispirited, dull, full of tears, and red; his tongue is of a dead color, he is suddenly extenuated, grows faint and weak, often falls down, then rises up, and attempts to fly at every thing, and now grows mad and furious: This second stage continues thirty hours, death putting by that time an end to the disease, and a bite received now is incurable.
To these symptoms the following may be added, which are considered as certain signs of a dog being mad; —1st. All other dogs, upon smelling the dog that is going mad, will avoid him and run away with horror.—2d. The tone of the dog's voice, when he barks, seems hollow and hoarse. In the dumb madness if the dog is confined, he barks incessantly for a day or two.
Upon reading the above extract to several whose dogs had been infected, they generally laid the symptoms were justly described, as far as the sickness had progressed—that there is reason to fear continuance of this fatal disease, unless an immediate remedy is adopted, cannot be doubted.
To induce to instant attention, this is added (if report be true) more than one Person has been bitten by the dogs, and one by a hog, that had been bitten by a dog (this last is a proved fact) and it is feared one man now suffers in consequence of having been bitten—and that others may be expected soon to suffer from the same cause is but rational to expect.
As the foregoing is known to be true, by many in town and country, is not the safety of the People worthy instantaneous notice? what are dogs, compared with human specie? nothing—of what use are they to the public? very little if any. Query—is it not therefore better all should be destroyed, than the life of one individual be hazarded? If the foregoing should be thought worthy attention of which I think there cannot be a doubt, from its general importance to the public at large, and the philanthropy of the General Court, might it not be well, at the same time to consider the expediency of passing an Act for the security of towns from inland sickness; such an one was passed in Oct. 1793, when sickness prevailed southward. (I think that did not extend beyond Boston, and suggest whether it might not have been as well to have been more enlarged, the lives of all ought equally to be attended to) it expired with the occasion, since which, it was hoped such a law would be renewed, but it was not.
The foregoing suggestions have arisen from observation, and are handed to the public, with hopes to serve the community at large, By a well-wisher to Mankind.

NEW-YORK, Feb. 25. By the ship Franklin , Capt. Gibaut , just arrived from Guadaloupe , we have received the following important ARRET , in the original French, and translate it without delay:
Liberty. Equality. ARRET. The Special agents of the Executive Directory in the West-Indies —
Considering that the ports of the Windward and Leeward , as well as those of Demarara , Essequibo , and Berbice , delivered up to the English, occupied and defended by the emigrants, are in a state of permanent siege, and ought not to enjoy the same advantages as the ports of the different English colonies possessed by that power before the war, and by other title:
Considering it to be contrary to every principle to treat a horde of rebels, without country, without government or a flag, with the same regard which civilized nations observe among themselves during war:
Considering that by authentic acts in our possession, it is proved that divers places of the colonies delivered to the English by the French and Dutch rebels belong not to the British government, more than to La Vendee , in which the English ministry had also their mercenary troops, regiments in their pay, wearing the same uniform as the troops of the King of England.
Considering that by virtue of the second article of the treaty of alliance concluded at Paris Feb. 6th 1778, between the United States and France, the former power engages to defend the possessions in America in case of war, and the government and commerce of the United States have strongly abused the forbearance of the French Republic, in turning to her detriment the favors which had been accorded to them, of entering and trading in all the ports of the French colonies:
By permitting for a longer time neutral vessels to carry provisions of war and of subsistence to men evidently in a state of rebellion—we should be the means of prolonging civil war, calamities and the crimes which proceed therefrom—orders as follows:
Art. I. The ships of the Republic and French privateers are authorized to take and conduct into the ports of the Republic, neutral vessels destined for the Windward and Leeward Islands of America, delivered up to the English, occupied and defended by the emigrants.
The ports are, Martinique , St. Lucie , Tobago , Demarara , Berbice , Essequibo ; and at the Leeward , Port-au-Prince , St. Marks , Archives , and Jeremie .
Art. II. Every armed vessel, having a commission from either of these ports shall be reputed a pirate, and the crews adjudged and punished as such.
Art. III. The vessels and cargoes, described in the first and second articles are declared good prize, and shall be sold for the benefit of the captors.
Art. IV. Every vessel taken which shall be cleared out to the West-Indies generally is comprehended in the first and second article.
Art. V. The order of last Nivose 4th in pursuance of the decree of the Executive Directory of the 14th Messidor , 4th year*, shall be executed till further orders, in every particular not contravening this ordinance. * Adet's .
This order shall be printed, transcribed into the register of the criminal tribunal and of commerce, sent to all the ports of the French colonies, read, published, and posted up wherever it may be necessary.
It shall be notified officially to the neutral governments of St. Croix , St. Thomas and St. Bartholomews .
Enjoining on the criminal tribunal and of commerce in Guadaloupe , their delegates in the different French colonies and other where on the Admiral Commandant on the West-India station and on the administration, strictly to execute this arrest each in his respective department.
Done at Basse Terre , Guadaloupe , the 13th Pluviose (3d of February 1797) 5th year of the French Republic one and indivisible.
(Signed) VICTOR HUGHES and LEBAS.
BOSTON, Feb. 27. Saturday morning about half past 8 o'clock, this town was alarmed at the cry of FIRE , occasioned by the copper of the tar house belonging to Messrs. Tyler & Caswell , boiling over, which instantly caught some Hemp contiguous; the flame of which spread so rapidly, that notwithstanding the exertions of the citizens to stop its progress, the Ropewalks of Tyler & Caswell , John Winthrop , Esq. Jeffery & Russell , and 4 Dwelling Houses were consumed, together with immense stock of Hemp and Cordage, the whole loss computed to amount upwards of 80,000 Dollars. By the usual exertions of the citizens of this and of our brethren in Roxbury , Charlestown , Cambridge & other neighboring towns, this devouring element was subdued in about two hours.
Latest Foreign.
NEW-YORK, Feb. 20. The ship Three Friends , Captain Sherry , arrived yesterday from Amsterdam , failed from the Texel on the 15th Dec.
By Captain S. we are informed, that on the 28th Nov. the prohibition of the importation of West India produce from England was again taken off.
Rice was 54 to 58s. and thought falling.
It was said, that the Empress of all the Russians, the great CATHARINE was dead!
No expectations of PEACE —it was feared, that the Negotiation at Paris would fall through.
France having shut the British out of almost all the European ports, it was expected that they would extend this object also to the ports of Hamburg and Bremen .
Several passengers came in the Three Friends , Capt. S. spoke nothing to impede his passage.
The owners of the Three Friends favored us with papers to Dec. 1, which contain some important articles of which the following is a hasty abstract.
A Viennese account of Nov. 16 says the Austrians had been beaten in Italy with great loss, but that another campaign was fixed; 40,000 Croats had been engaged, and it was expected an army of 40,000 would be embodied early, as the Emperor would never suffer any Republics to be established in Italy, under the protection of the French.
Little was said at Vienna on the subject of peace.
At the first bombardment of Kehl , about the 10th Nov. the Austrians lost 3,000 killed, and that it was supposed, if the French held out 6 weeks, of 65,000 besieging Austrians, one quarter at least would be killed. No later account appears on this subject.
In the National Convention , at the Hague , Nov. 28, debate was had on the subject of the New Constitution when many petitions were presented, of which 244 were from Amsterdam , requesting that in the formation of the seven provinces into a Republic there might be Unity and Indivisibility , to support which principles they would expend their lives and fortunes.
The reported plan did not express the principle of Unity and Indivisibility , a debate therefore ensued (after the petitions were read) in which there was much warmth, whether they would proceed to debate it as the basis of their constitution, or have a new report brought in—finally, Nov. 29, on the appeal nominal, it was decided to proceed on the present report, 66 to 52.
The negotiation at Paris, between Malmesbury and Lacroix , is interesting to many nations, but peculiarly to these United States . Both French and English Journals are full of satirical observations and conjectures on the subject. With those who take into view the various intervening circumstances the result is anticipated very differently from that anticipated by careless observations and politicians of the moment. On the one hand, when the negotiation commenced. Pitt was in dread of an invasion, his financial funds was not matured and he had a sombre prospect, but he was assured, that the preparations of the Austrians guaranteed the expulsion of Buonaparte out of Italy! On the other an apparent wish for peace. But, in the midst of the negotiation, behold, Buonaparte defeats the Austrian plan of raising the siege of Mantua , &c. and Pitt gets his subscription loan through!
Thus when we find both parties enabled to carry on another campaign—and our opinion of the ambition of Pitt is such, that we give up all hopes of peace this session, upon the principles of compensation.
Important!—if true.
PHILADELPHIA, Feb. 14. Extract of a letter from Samuel Bayard , Esq. to the Chairman of the committee of merchants of this city, dated London , 25th Nov.
"There have been several cases heard by the Lords of Appeal , since their meeting this term in all of which they have reversed the decrees of condemnation below—in one (the Betsey , Pateron ) with costs and damages, in others with interest from the time of condemnation, and the costs of appeal."
"After deciding the last case, that of the Jane , Lillibridge , they formally gave notice to the proctors and agents, that if, in future they should bring any more such cases before them, when they could not reasonably expect the sentences of condemnation to be affirmed, they might depend on being adjudged to restore the American property with full costs and damages."
Washington's Birth-Day.
The anniversary of the natal day of our illustrious PRESIDENT , was celebrated on Wednesday last, in every place we have heard from, with testimonials of the most unfeigned gratitude. The feelings which inspired every tribute of respect, emanated from the purest source of sensibility and adoration.
A very large and respectable company dined at Concert Hall , and the festive glass moved round at the announcement of sentiments which nothing but the occasion could inspire.
At Faneuil Hall , a company of near two hundred, among whom we were happy to recognize the fathers of the town, partook at a sumptuous collation given by the Vitallizing Society —preceded by the firing of cannon, martial music, and display of flags; and succeeded by songs and sentiments.
The Theatres were crowded, and a praiseworthy emulation produced various and dignified displays of respect.
The Museum was well attended; and Mr. Bowen deserves well of his fellow-citizens for the honorable notice of the day.
At the Washington Tavern the day was noticed by a number of citizens, in a discharge of 16 rockets—and libations to the following toasts:—
1st. GEORGE WASHINGTON —We thank him for his services while General and Commander in Chief, of the Army of the U. S. of America. 2d. GEORGE WASHINGTON —We thank him for his services as President of the United States . 3d. GEORGE WASHINGTON —We thank him for his Address to the people of the United States . 4th. GEORGE WASHINGTON —We bid him an affectionate farewell.
At Charlestown , King Solomon's lodge was opened on the occasion; and exhibited the uncommon prospect of a circle of near an hundred ladies.—At the opening of the lodge, the Rev. Dr. Morse , made an appropriate prayer; Dr. Bartlett pronounced an handsome address and a variety of songs and toasts made it emphatically a "feast of reason and a flow of soul."
At Salem the day was brilliantly noticed.—We lament, that the paper of yesterday was not received as usual.—That we might be particular.
At Concord , in the evening, the largest number of ladies and gentlemen ever known to have assembled on a similar occasion, from that and several other towns, attended a splendid ball, and evinced by their hilarity, that they felt by the cheering influence of our American Johua , who not only forced "the Sun and Moon ," of Europe "to stand still and see our political salvation," but has since directed the great federal constellation, by his unequalled wisdom, virtue and assiduity.
At Plymouth and Hingham , the celebration was splendid. Indeed, we scarcely know a place wherein attention to the day was omitted. Every one seemed emulous to honor the Man.
"Whose early youth The verdant laurel crown'd; for deeds of arms That reason's voice approves; for courage, rais'd Beyond all aid from passion, greatly calm! Intrepidity serene!—In days of peace, Around his brow the human virtues wait, And fair adorn him with their middest beams
Good without shew, above ambition great; Wise, equal, merciful, the friend of man." A MAGNIFICENT BALL
Was given at the Boston Theatre , on Thursday evening, by a number of the principal merchants and gentlemen of the town.—His excellency the Governor and Lady ; his honor the Lt. Gov. and Lady ; the Lady and family of the President elect ; the Judges of the supreme court and their Ladies ; the district Judge and Lady ; the President of the Senate and Speaker of the house , and many strangers of distinction, were of the number invited to partake of the entertainment—most of whom honored the ball with their presence.
The Theatre was converted (by means of a platform laid over the pit and orchestra) into a magnificent saloon; sumptuously decorated with tapestry hangings; elegantly illuminated with variegated lamps; and fancifully embellished with festoons of artificial flowers. A crimson canopy, in the center of which was suspended a portrait of the immortal Washington , graced the head of the center table; a bronze equestrian statue of this father of our country, (fifteen feet in height) erected on a pedestal, ornamented with transparent devices, terminated the opposite view.— G. W. in large transparent cyphers, beamed from the ballustrade of the gallery. The metamorphosis of the theatre appeared the effect of enchantment. The Coup d'Oeil beggared
all description. The ingenuity of Mr. Williamson , on all occasions brilliant, was never more conspicuously exerted than at this elegant fete. At twelve o'clock the doors of the saloon were thrown open. His honor the Lt. Gov. conducted Mrs. [ John ] Adams to a seat at the head of the table; and was followed by the managers with the ladies of the judges.
The tables displayed upwards of six hundred dishes and two hundred and fifty covers, which were all occupied at once by the most brilliant assemblage of Ladies, ever collected at any celebration in this metropolis. When to this combination of beauty, elegance, and taste, is super-added the occasion, on which this magnificent festival was given; a more splendid spectacle cannot be imagined, nor the exhilarating moments be ever forgotten.
A numerous band of Musicians performed during the whole entertainment.
March 2.
Anticipated Mail.
The Mail due this day arrived last evening. By a cursory view of the papers, we find nothing of greater moment than is already published, the following excepted.
PHILADELPHIA, Feb. 23.
We are favored by a Member of Congress with the following important extract of a letter, dated
" Danville, Kentucky, January 30. "
"Our Peace with the Indians is likely to be of short duration. The Indians and White People have already been killing one another. The dispute first began by the Indians plundering three waggonloads, passing from Knoxville to Cumberland .—Since that time, two men living in Powell's Vale , murdered two Indians who were hunting on the Wilderness Road , and plundered their camp. This day we hear the Indians have killed Col. Daniel Boone , his son, and son-in-law, when out viewing lands on Red River . This latter report wants confirmation, tho' it comes pretty direct."
British blockade.
WARREN, (R. I.) Feb. 25.
Thursday last arrived here, brig Eliza , John Chaplin , master, 12 days from the Havannah , who informs, that January 5th, on his passage from St. Thomas's to the Havannah in company with Capt. Shubael Burr of this place, they fell in with five English ships of the line and the Quebec frigate, who had on board thirty-six Americans: she took from on board Capt. Burr , Robert Carr and William Luther , belonging to this town, and from on board Capt. Champlin , Geo. Fork . Capt. C. was informed that they had been cruising off Cape Francois for some time, and declared it to be blockaded—that they take all American vessels bound into the Cape loaded with provisions, and that there were lying at the Havannah , when he left it, ten Spanish ships of the line.
Feb. 20, in lat. 38. 30. long. 75. 50. spoke ship America , Solomon Swaine , master, out 68 days, from London , bound for Boston .
A Resolve has passed both houses, directing a Portrait of the illustrious WASHINGTON to be appointed to decorate the Hall of the new State-House.
Our anticipated papers contain accounts of the celebration of the birth-day of the PRESIDENT , at Philadelphia , and New-York which nothing can excel for splendor and interest. At the former, the Members of Congress, all the military bodies, under arms, the ladies, and a large body of Citizens, in procession, preceded by Gov. Mifflin and Judge McKean , paid their compliments on the occasion. Firing of cannon, ringing of bells, festive entertainments, magnificent balls, illuminations, transparent devices, and grateful addresses, form but the outline of the tributes of respect paid on the occasion. The addresses of the officers of the militia of the city and county, and the Cincinatti are peculiarly interesting; and the answers, as usual, truly elevated and excellent. We cannot refrain copying the following paragraph, in which he says, "The patriotism, uprightness, and abilities of him who is so succeeded to the station I now have the honor to hold, will leave you no room to regret my retirement." The Philadelphia letters intimate, that the account of Mr. Pinkney's favorable reception at Paris , is authentic.
The new appropriation on the Algerine subject, is 225,759 dls.
The British give convoy to all American vessels bound to Cape Nicholas Mole , or the Bite .
Gen. Simcoe Governor of St. Domingo is arrived at Cape Nicholas Mole .
FEDERAL LEGISLATURE,
February 17.
THE house went into committee of the whole on the subject of Additional revenue . A very lengthy debate on the best modes of raising supplies was entered into; and much diversity of opinion exhibited.—As the debates fill the greater part of the daily Gazettes of Philadelphia —their intire introduction into semi-hexagonal papers, cannot be expected.—To give sketches of sketches would mar the arguments of the speakers; and to make partial extracts would disgust the public. If we state the outlines of the business performed, it is all we can do.—An additional duty of one cent per pound on brown sugar; one cent per gallon on molasses; nine cents per pound on sugar candy; two cents per pound on bohea tea; and two and an half per cent on unmanufactured cotton goods, was voted.
The ship's Register regulating bill, and bill for completing the three frigates passed, with amendments; that part which respects officer and manning being struck out. The sum appropriated for finishing the three is 172,000 dollars.
The sum of 24,000 dollars was voted for preserving fortifications.
PHILADELPHIA, FEB. 21.
The undermentioned vessel was at New-Providence when Capt. Venn failed—viz.
Sch'r Caroline , Smith , from Hamburg , out 107 days for Boston put in, in distress, short of provisions and the loss of two of the crew—was to sail from New-Providence in 4 days.
PORTSMOUTH, March 4.
Yesterday arrived the brig Betsey , Captain Low in 18 days from St. Croix , left there brig Juno , Capt. Titcomb of Portland ; brig Lucey of Boston ; Captain Joseph Seward , blown off the coast; the ship Providence Captain Watts of this port, to sail in about 15 days. Capt. Low was boarded by an armed sloop from Bermuda , Captain Parker , who after examining his papers, &c. very politely dismissed him. Markets very low , beef of the first quality, eight dollars pr. bbl.—Fifth if good would fetch two dollars, other things in proportion. Produce very high.
MARRIED In this town, Mr. Solomon Britton , to Miss Hulsey Jackson ; Mr. John Montgomery , to Mrs. Abigail Hutchings ; Mr. William Norton , to Miss Betsey Lampry .
DIED —At Kittery , Miss Anna Gunnison , aged 26, daughter of Capt. Benjamin Gunnison .
ENTRIES at the CUSTOM-HOUSE, District of PORTSMOUTH, N. H. CLEARED FOR Brig Neptune , Hooker , England.
TICKETS.
WHOLE and quarter Tickets in the 3d Class of Dartmouth College Lottery , for sale at J. MELCHER'S Printing Office and Book Store, Market Street , Portsmouth , where the prizes drawn to the tickets sold there will be paid on sight.
REMOVED.
William Leverett
INFORMS that his friends and customers that he has taken the corner brick-store on Spring Hill , formerly occupied by Mr. Wm. Greenough —where he shall be happy to supply his friends and customers as usual, with WEST INDIA
Goods & Groceries of every kind, which he keeps constantly for sale upon as low terms as can be purchased. The articles warranted good.
Portsmouth, March 1, 1797.
ALL persons are hereby cautioned against trading or dealing with GEORGE LANG of Greenland , yeoman, he being legally adjudged to be incapable of taking care of himself and his estate, and under Guardianship.
EBENEZER JOHNSON, jr. his Guardian.
Greenland, March 1, 1797.
FOR SALE, BY John Noble & Co. At their Store at the North End,
TWENTY Hhds. Molasses.
Three Hhds. Rum. A Bell weight about 200.
Portsmouth, March 2, 1797.
TO BE SOLD,
A lot of land
In Cross-Street , THIRTY by 48 feet , opposite the widow Dennie's ; and a lot near the North-School , adjoining Mr. Perkins Ayers , 31 by 94 feet, with a small neat house on it, and a privilege of an excellent well. For conditions apply to JACOB WALDEN.
Portsmouth, Feb. 15, 1797.
Mr. Harrangl VERY Respectfully
informs the public that he opened a school for teaching the French language, at Diman's Hall (so called) on the 20th February , where he teaches the French language on Monday's , Tuesday's , Thursday's and Friday's , from 2 to 5 o'clock each afternoon;—Has likewise opened an evening school; for terms, &c. apply to Mr. Harrangl at the school room, or at Mr. Jotham Rindge's , at the foot of Daniel Street , Portsmouth .

Hard-Ware Goods.
H. & B. PENHALLOW
Have imported from London, Bristol and Liverpool, and by the Commerce from Amsterdam, A large addition to their former assortment of HARD-WARE.
A GREAT variety of Cutlery, Iron-Mongery, Ship, Chandlery, Sadlery, Cabinet and Brass Foundry Wares; Horsemen's Pistols, Hangers and Broad Sword Blades. —ALSO—
Brass, Pewter, Shot, Lead, Anvils and Vises; German Mill-Saws; Cross-Cut, Whip and Cabinet Joiners-Saws; Holland-Scales; Drawing-Knives and German Gimblets of all sizes; Sheathing and Drawing-Nails; Brads and Tacks. —LIKewise—
Sheet Iron; Carpenters, Carvers, Cabinet-Makers and Shoe-Makers Tools; Mahogany and Gilt Frame Looking-Glasses; Painters-Colours and Brushes; 6 by 8, 7 by 9 and 8 by 10 Crown-Glass, &c. &c.
All which will be disposed of, on the lowest terms for cash, at their Store in Market-Street. Portsmouth, February 3, 1797. [6w.]
English Goods.
FOR SALE
BEST English
black Satins for Mens' ware; red, green, yellow and white Baizes and Flannels, some very fine. Superfine & common Forest Cloths; superfine, middling and low priced Broad Cloths, very cheap. Superfine and common Cambrics. Swandown and other Waistcoatings, suitable for the season. Blue and grey Lambkins & Coatings. 3 and 4 Rose Blankets, Duffel ditto; Bergets; Halfthicks Velvets; Corduroys; Thicksets. Jeans; Fustians; Florentines; Satinets; Rateens; Moeneens; Shalooms; Durants; Tamies; Calimancoes. Chintzes & Calicoes; patch, color'd and purple and white Shawls. Black Barcelona and Pocket Handkerchiefs. Mens' Silk, Worsted and Cotton Stockings; Ladies' white Cotton ditto, some very fine. Mens' best English Beaver Gloves; Boys' Worsted ditto; Ladies' long and short Kid and common Leather Gloves. Strip'd, sprig'd and plain Mullins; Mullin and Lawn Handkerchiefs. 3 black Satins; black Velvet Modes; strip'd and plain Ribbons. Black, white, blue and grey Feathers; black and white Edgings; white Threads; Sewing Silks and Twists. Very elegant and common Coat and Vest Buttons. On very reasonable terms
LUTHER ELLIS,
North End, Market-Street.
—ALSO—
Sheathing Paper
by the ton or hundred.
Writing & Wrapping Paper
by the ream.
Sheathing, drawing, 6d and 4d Nails
by the cask.
District of New-Hampshire, to wit,
Be it remem- bered, that on the twenty-fourth day of January, in the twenty-first year of the Independence of the United States of America, Noah Worcester of the said District hath deposited in this office the title of a book the right whereof he claims as author, in the words following, to wit, "The natural teacher, or the best Spelling Book for little children. By Noah Worcester, A. M. minister of the Gospel in Thornton, New-Hampshire." In conformity to the act of the Congress of the United States, entitled "An act for the encouragement of learning, by securing the copies of Maps, Charts, and books to the authors and proprietors of such copies, during the times therein mentioned."
JONATHAN STEELE, Clerk of the District of New-Hampshire. A true Copy of Record, Attest, JONATHAN STEELE.
R. Taylor,
Head of Buck-Street, SIGN OF THE BARREL
AND SUGAR-LOAVES, HAS FOR SALE,
WEST-INDIA Rum by the hog-shead, barrel or gallon.
French Brandy by the pipe, bbl. or gal.
Holland Gin per ditto.
N. E. Rum by the barrel or gallon.
Libon Wine by the pipe and quarter cask.
A few casks Malaga Wine.
Bohea Tea by whole and half chest.
Hyson Tea by the chest, dozen or pound.
Excellent Cotton by the bale or pound
Loaf Sugar, Molasses, fresh Rice.
Chocolate, Crown and Bar Soap.
Raisins by the cask or retail.
A quantity of fresh Lemons & Oranges.
Cinnamon by the pound or ounce.
Nutmegs by the pound, ounce or retail.
Sugar Plumbs, Almonds, Citron and Lozenges.
English bottled Mustard.
Excellent Florence Oil in flasks.
Poland Starch, Ginger, Pepper, Pimento.
3cwt. real Spanish Indigo.
A few dozen pots patent Varnish for furniture, which by applying a little to the furniture, after being first well clean'd, it will give it an excellent gloss.
Excellent Segars; Roll Tobacco by the quantity or single roll; Smoking Tobacco; Corks by the gross.
A few handsome Japan'd Waiters.
A few elegant Looking Glasses with gilt frames, to be sold as low as five dollars each.
Skill and Son's inestimable, curious and rich Sauces with which gravy for almost any kind of dish may be made in two minutes.
A number of boxes 8 by 10 and 7 by 9 Window Glass.
4d, 6d, 10d and 20d Nails.
A variety of Toys too tedious to enumerate.
Excellent Flour by the bbl. or retail.
Old Cheese equal to English.
Common ditto.
A large quantity of Crockery, consisting of Liverpool and India China in compleat sets.
Fancy and pencil'd Pitchers; a few sets of India China at one dollar per set.
Sallad dishes, Flower Pots, Tea Pots of various kinds, Cream Pots, Bowls, Tea Cups and Saucers, Sugar Dishes, &c. &c. —All of said crockery will be sold at prime cost.
Wine and Beer Glasses by wholesale and retail.
Spermaceti Oil.
A few of Miles' Patent Lamps remain unfold with directions for trimming them; those who have purchased said Lamps not having the directions, by applying to said store may be supplied with them.
If any of the above articles are found upon trial, not to be as recommended, I hereby promise to take back such goods and return the money. R. TAYLOR.
Sam'l Hill
Has for sale a quantity of fresh
Clover and Herds Grass
SEED,
at a very low price—ALSO
English & W. I. Goods
as usual at the lowest prices.
N. E. Rum & Molasses
by the quantity.
Portsmouth, March 1, 1797.
Take Notice.
TO BE SOLD AN EXCELLENT
F A R M
In Londonderry,
VERY pleasantly situated, about
3 miles south of the east meet-
ing-house, said FARM contains a-
bout 120 acres, a suitable proportion
whereof is woodland, and a large
proportion of orcharding, it is re-
markably well watered, & the build-
ings and fences thereon of a very
good quality, and in very good re-
pair. Any person wishing to pur-
chase may know the terms by ap-
plying to Mr. Wm. MOOR on the premises. Londonderry, Jan. 26, 1797. 4w.
The Phillips Exeter Academy.
ALL persons indebted to the trustees of the Phillips Exeter Academy are requested to make payment to the subscriber.
Those whose obligations are of long standing, and those who have neglected to pay interest annually, are particularly called upon to make payment before the last day of March next, such as neglect this notice must not complain if they are compelled by law to fulfil their promises.
J. T. GILMAN. Exeter, Feb. 15, 1797.
George Doig
Begs leave to inform his friends and the public in general that he has removed to the westerly apartment of the new Brick Store, in Ladd's-Street, lately occupied by Messrs. Lang and Brierley, where he carries on the Painting Business in all its various branches, viz.
COACH, sign, heraldry, house and ship painting; gilding; glazing; also mixes and prepares oil and colors for town or country, on the shortest notice and the smallest, favors thankfully acknowledged.—Has for sale all sorts of water colors prepared in shells; India Ink and Camel's hair Pencils, as cheap as in Boston. ALSO,
To be let a good Stable for 5 or 6 horses; with a Chaise house and hay loft;—for sale 4 and half tons of good English Hay with a good Shop for a mechanic.
N. B. Wanted a smart active LAD from 13 to 15 years of age as an apprentice to the Painting business, good encouragement will be given; one who has a taste for drawing will be preferred. 6w.
State of New-Hampshire Rockingham ss.
To Thomas Leavitt, Esq. one of the justices of the peace, in and for said county, and clerk to the proprietors of the township of Tamworth, in the county of Strafford in said State.
THE undersigned owners of more than one sixteenth part of said township of Tamworth, request that you notify and warn the proprietors, owners and grantees of land in said township, to meet at the dwelling-house of Col. Stephen Mason in Tamworth aforesaid, on Thursday the 29th day of March next, at ten of the clock in the forenoon, to vote and act on the following articles, matters and things, viz.
1st. To choose a moderator to govern said meeting.
2d. To choose a proprietors clerk.
3d. To choose and appoint assessors and collector, with necessary powers.
4th. To ratify and confirm any former votes or grants heretofore passed or made by the proprietors.
5th. To pass all necessary votes to confirm or to regulate all former pitches made upon certain lots or parcels of land; and to sever and divide the common and undivided land or dispose of a part or all of said common land, as they may judge best for their interest.
6th. To settle and adjust all accounts and demands against the proprietors.
7th. To settle with any person either by compromise or otherwise as they may think best, who have taken up or settled on any lands, without leave or consent of the proprietors, and to appoint agents with full power to prosecute any person who has or may trespass on any of the land belonging to the proprietors.
8th. To see what sum of money they will vote to raise to discharge the debts of the proprietors.
9th. To vote and transact all such other matters and things as may be thought best for the interest of the proprietary.
THOMAS COGSWELL, BRABURY CILLEY. February 1, 1797.
State of New-Hampshire. Rockingham ss.
(L.S.) In compliance with the above-written request to me made, I do hereby notify and warn all the proprietors, owners and grantees of land in said township of Tamworth, to meet at the time and place, and for the purpose mentioned and set forth in the aforesaid request.
Given under my hand and seal at Northampton, in the county and State aforesaid, this 3d day of February, 1797.
THOMAS LEAVITT.
A general assortment of BLANKS
Printed on good Paper, are constantly kept for sale at J. MELCHER'S Printing-Office and Book-Store, Corner of Market Street.
REMOVED.
Joseph Haven
Has removed to the New Brick Store (middle apartment) on Spring-Hill,
Where he has opened a large assortment of
European and India GOODS,
For sale at the lowest rate. Portsmouth, Sept. 15, 1796.
FOR SALE AT Bayley's Variety Store,
Sign of the
Daniel-Street.
FORTY pieces low
priced blue Broad Cloths, twenty-five pieces blue twill'd Duffils, being a consignment direct from the Manufacturer, will be sold at 25 per cent from the sterling cost. His remaining stock of
English GOODS
will be sold remarkably cheap, Genuine superfine Broad Cloths at 27/ per yard, and all other goods equally as low.
A new assortment of Beverly Manufactured Cotton Bed Ticks, of a superior quality, warranted not to shed feathers. Portsmouth, Feb. 3, 1797.
Public Vendue.
By virtue of a licence from the Judge of Probate of Wills, &c. will be sold at Public Auction, at the house of Mr. Benjamin Leavitt, innholder in Northampton, on MONDAY the twentieth day of March next, at 10 o'clock in the forenoon, the following parcels of land belonging to the estate of Jonathan Moulton, late of Hampton, in the county of Rockingham, Esquire, deceased, viz.
ABOUT 20 common
rights in the 1st div. in Moultonborough, about 50 acres on the neck in said Moultonborough being the same on which Mr. Wiggins lived.
About 13 acres of lot No. 10 in the 1st range in New-Hampton.
About 60 acres that was taken by execution from Phinehas Dolloff in New-Hampton.
About 100 acres in Tamworth being the same where Joseph Allen lived, and all the land unfold in said Moultonborough, New-Hampton and Tamworth belonging to said estate and not above described.
About 200 acres in the common rights in Warren.
All the land in Orford belonging to said estate not heretofore sold; one half of the following lots in Piermont, viz. half 13 in 5th range drawn to the right of Henry Sherburne; half 2 in 3d range, M. H. Wentworth original proprietor; half 4 in 6th range, Daniel Warner original proprietor; half 9 in 3d range, Peter Gilman, Esq. original proprietor; half 7 in 5th range, Richard Wibird, Esq. original proprietor, and all the land in said Piermont, not heretofore sold, and not above described, belonging to said estate.
All the land belonging to said estate in Burton and Eaton; about half of an acre of land in Hampton where Benjamin Moulton, deceased lived, and about 2 acres of salt marsh in said Hampton.
About 4 acres of meadow land in Kensington.
All the buildings in Dover belonging to said estate.
Conditions of sale to be made known at time and place.
THOMAS LEAVITT, Executor to the last will and testament of Jonathan Moulton, Esq. deceased. Feb. 16, 1797.
ALL persons indebted to, or that have any demands on the estate of Edward Dimpsey, late of Portsmouth, trader, deceased, are desired to exhibit their claims without delay, to the subscribers, executors to the last will and testament of said deceased, and all persons indebted must make immediate payment.
HALL JACKSON, SAMUEL DROWNE. Portsmouth Feb. 17, 1797.
REMOVED.
Oliver Briard.
RESPECTFULLY informs the public that he has removed to the store lately occupied by Mr. Samuel Larkin, next door south to Mellis. Dean & Blake in Market-Street, where he has for sale
An assortment of GOODS
which will be sold at the lowest cash prices. Portsmouth, Feb. 4, 1797. [6w.]
State of New-Hampshire. Grafton, ff.
(Seal) Whereas the hon. Nathaniel Peabody and John W. Chandler, Esquires, Obadiah Eastman and Jonathan Hale, Esquires, Josiah Burnham and Reuben Page, have preferred a petition to me the subscriber a Justice of the Peace, and of the Quorum in and throughout the State of New-Hampshire,
SETTING forth that they are owners of more than one sixteenth part of the township of Coventry, in said county, and that there are not twenty families resident in said township, and therefore requesting that a meeting of the proprietors and grantees, owners of lands in said township of Coventry, might be notified and warned to be held at the dwelling-house of Doct. Amasa Scott, innholder in Haverhill, the nearest thire town in said county, on Tuesday the 11th day of April next, at 10 of the clock beforenoon, to vote and act on the following articles, matters and things, to wit,
1st. To choose a moderator to govern said meeting.
2d. To choose a proprietor's clerk.
3d. To choose a committee to examine into the appropriation and expenditures of monies heretofore raised and granted by the proprietary, and to examine and settle the demands of all persons to whom the proprietary are indebted for services and expenditures.
4th. To vote, grant and raise such sum or sums of money as may then be judged expedient for making and repairing public highways in said town, and for such other purposes as may be deemed for the benefit of said proprietary.
5th. To vote to establish a highway leading from Haverhill town-line, near the dwelling-house of Mr. Robert Elliot, in said Coventry, passing through the Oliverian valley (so called) to Warren town-line, agreeably to the return of a survey of the same made by the following gentlemen, viz. James Woodward, Esq. Maj. Moody Bedel, and Capt. Stephen Richardson, or in such other way as the proprietary may judge most beneficial to the public.
6th. To choose and appoint assessors and collector with necessary powers.
7th. To ratify and confirm any former votes and grants made by said proprietary.
8th. To pass all votes necessary to confirm or to regulate former pitches made upon certain lots of land by proprietors or others, and to direct how and in what manner lots shall be drawn, and pitches in future made upon lots in said town.
9th. To choose a committee to lay out one or more hundred acre lot or lots to each proprietor's right or share of land in said town with certain discretionary powers.
10th. To vote to choose a committee in behalf of said proprietary to lay out roads, and to do and transact all such other matters and things, as may be committed to their charge, for the advantage of said proprietary.
11th. To vote and transact such other matters as may be thought proper for the good of the proprietors. (Signed)
NATHANIEL PEABODY, JOHN W. CHANDLER, OBADIAH EASTMAN, JONATHAN HALE, per ARTEMAS NIXON, JOSIAH BURNHAM, REUBEN PAGE. Dated Coventry, Dec. 16, 1796.
Therefore pursuant to said request and the laws of the State of New-Hampshire in such case made and provided, the proprietors and grantees, owners of lands in said township of Coventry, are hereby notified and warned to meet at the time and place and for the purposes set forth and mentioned in the before recited application.
Given under my hand and seal at Haverhill, in said county of Grafton, the twentieth day of December, 1796. [4w.] MOSES DOW.
Official Notice!
HIS Catholic Majes-
ty's Consul for the States of Massachusetts, Connecticut, New-Hampshire, Rhode-Island, and Vermont, residing in Boston.—Hereby calls on the Merchants within the said States, having Vessels sailing from time to time on foreign Voyages,—recommending to them to exhibit their Clearances from the Custom-House, in the State from whence Vessel sails, and a declaration of the Owner or Owners of said Vessel, and the Cargo on board, on Oath before some Public Notary, ascertaining the same to be bona fide American property—that they may hereby avoid such detention and consequent injury, as the want of such Papers officially certified by him in the Spanish Language, may occasion, in case of their meeting with any of the ships of war belonging to his Catholic Majesty, while prosecuting such voyages.