Gazette of the United States, & Philadelphia daily advertiser. (Philadelphia [Pa.]), 1797-06-08 00:00:00

Gazette of the United States, & Philadelphia Daily Advertiser.
By JOHN FENNO, N o 119 Chestnut Street.
NUMBER 1482.]
PHILADELPHIA: THURSDAY EVENING, JUNE 3, 1797.
[VOLUME XI.]
NOTICE.
THE co-partnership of William Young, John Mills, and John Mills, jun. Booksellers and Stationers, under the firm of W. Young, Mills and Son, is this day dissolved by mutual consent. All persons indebted to the co-partnership are requested to make payment to William Young, and those having demands are desired to produce their accounts for settlement.
William Young, John Mills, John Mills, jun.
Philadelphia, June 6th, 1797.
W. YOUNG
Continues the bookselling and stationery business at the usual place, wholesale and retail, where he has now a very large assortment of Writing and Printing Papers and Books, Of which catalogues with the prices annexed are delivered gratis.
Wanted,
A person well qualified in the bookselling and stationery business. Applications will be received till the first July next, at No. 31, South Second-street, corner of Chestnut-street.
June 6.
Now Landing,
At Pratt's wharf, FROM on board the ship Thomas Chalkey, Capt. Raper, from Bourdeaux, CLARET in casks White Wine Vinegar Red Skins in boxes
For Sale by Rundle & Leech.
May 13
City of Washington. SCHEME Of the Lottery, No. II,
For the Improvement of the Federal City. A magnificent dwelling-house 20,000 dollars, & cash 30,000, are 1 ditto 15,000 & cash 25,000 1 ditto 15,000 & cash 15,000 1 ditto 10,000 & cash 10,000 1 ditto 5,000 & cash 5,000 1 ditto 5,000 & cash 5,000 1 cash prize of 10,000 3 do. 5,000 each, are 10 do. 1,000 20 do. 500 20 do. 100 200 do. 50 400 do. 25 1,000 do. 20 15,000 do. 10 16,739 Prizes: 23,252 Blanks. 50,000 Tickets, at Eight Dollars,
N. B. To favour those who may take a quantity of Tickets, the prize of 40,000 dollars will be the LAST drawn ticket, and the 30,000 the LAST but one. And approved notes, securing payment in either money or prizes, in ten days after drawing, will be received for any number not less than 30 tickets.
This Lottery will afford an elegant specimen of the private buildings to be erected in the City of Washington—Two beautiful designs are already selected for the entire fronts on two of the public squares; from these drawings it is proposed to erect two grand four-story buildings, as soon as possible after this Lottery is sold, and to convey them, when complete, to the fortunate adventurers, in the manner described in the scheme for the Hotel Lottery. A net deduction of five per cent. will be made to defray the necessary expenses of printing, &c. and the surplus will be made a part of the fund intended for the National University, to be erected within the city of Washington.
The real securities given for the payment of the Prizes, are held by the President and two Directors of the Bank of Columbia, and are valued at more than half the amount of the Lottery.
SAMUEL BLODGETT. Tickets may be had at the Bank of Columbia; of James Wells & Co. Baltimore; of Peter Gilman, Boston; of John Hopkins, Richmond; and of Richard Wells, Cooper's Ferry.
A few hds. N. E. Rum, OF A SUPERIOR QUALITY,
HYSON YOUNG HYSON TEAS, in quarter chests, and IMPERIAL. FOR SALE BY A. Marple & Israel W. Morris, No. 60 Dock-street.
Notice.
ALL persons indebted to the Estate of SARAH MARSHALL, deceased, are requested to make immediate payment, and those that have demands against said estate, are desired to bring in their accounts properly attested for settlement, to either of the subscribers.
CHRISTOPHER MARSHALL, JR. CASPAR W. HAINES, ABRAHAM M. GARRETT, Administrators to the Estate of Sarah Marshall, deceased.
Pennsylvania Population Company. NOTICE is hereby given to the Share Holders, that a further assessment of NINE DOLLARS is levied on each share, payable as follows, viz.
Six Dollars immediately, and Three Dollars on the 1st of July next. Which they are requested to pay to the Treasurer of the Company, at the Company's Office, No. 53, North Fourth-street, agreeably to the times above mentioned; and they are further informed, that on their neglecting to pay the same as above directed, the several forfeitures will be exacted.
By order of the Board, SOL. MARACHE, Treasurer. May 27.
Delaware and Schuylkill Canal Company,
May 18, 1797.
THE STOCKHOLDERS WHO are in arrears for any sums due on their respective shares, are requested to pay the same.
WILLIAM GOVETT, Treasurer. May 27.
For Sale or Charter,
THE SHIP WARREN, Benjamin Church, Master. Of about 280 tons burthen. Enquire of Jesse & Robert Waln. May 26
For Freight or Charter,
THE Brig Fame, FRANCIS KNOX, Master: A strong, excellent vessel, has been just sheathed and ready to receive a cargo. She will carry 2,000 barrels, has good accommodations for passengers. Apply to Capt. Knox, or to Kearny Wharton. June 6.
For Hamburg,
THE SHIP AERIAL, John Tarris, master. A GREAT part of her cargo is engaged, and she will sail in ten days. For freight or passage apply to capt. Tarris, at Willings & Francis' wharf, or to GURNEY & SMITH. May 25
For London,
THE SHIP WILLIAM PENN, James Josiah, Master. WILL sail with all convenient speed. For freight or passage apply to Jesse & Robert Waln. May 19
For Freight or Charter,
To any part of Europe, The Swedish Ship Alexander Magnus, Capt. CARL G. EHRMAN, ABOUT 350 tons burthen, in this port; and also the Danish Ship FREDERICK JULIUS KAUS, of 450 tons, now lying in Hampton Roads. Apply to JOHN VAUGHAN. May 26.
For Sale,
The cargo of the brig Enterprise, Captain Langdon from Bourdeaux, now landing at Morton's wharf, CONSISTING OF 524 hds. of Claret 237 cases of ditto 100 cases of Sweet Oil 110 pipes London proof 10 pipes of Holland proof BRANDY. Wharton & Lewis, No. 113, South Front St. Said Brig, WILL take a FREIGHT for the West-Indies or Europe, falls sail, burthen about fifteen hundred barrels, is in complete order, and will be ready to receive a cargo in a few days. Apply as above. May 24
Millinery Room,
No. 136 Market-street. MISS CHRISTAL TAKES an early opportunity of acquainting her Friends that she has received by the WILLIAM PENN, a variety of NEW MILLINERY, &c. which she hopes to be able to shew them in a few days. May 18
The Commissioners
FOR carrying into effect the TWENTY-FIRST Article of the Treaty of Friendship, Limits, and Navigation, between His Catholic Majesty and the United States of America, hereby give information to all Persons therein concerned.—That, in order to terminate all differences, on account of the losses sustained by the Citizens of the United States, in consequence of their Vessels and Cargoes having been taken by the Subjects of His Catholic Majesty, during the late War between Spain and France, that they are ready to receive (at their Office, between the hours of ten and one o'clock, daily) all complaints and applications, authorized by the said Article, during EIGHTEEN MONTHS from the day of the date hereof, and that they have power to examine all such persons as some before them, on oath or after, on oath or affirmation, touching the complaints in question, and also to receive in evidence, all written testimony, authenticated in such manner as they shall think proper to require or admit. By Order of the Commissioners, PETER LOHRA, Secretary. Commissioners Office, No. 109, Mulberry-street, Philadelphia, May 17th, 1797. 20—$4W
To be Sold,
A large and convenient Three Story Brick House; SITUATE at the north-east corner of Arch and Fourth-street. It contains eighteen rooms—and is in every respect well finished. For particular enquiry of M. Kepple, No. 138, Chestnut-street. May 31.
For Sale,
By Samuel Breck, jun. at his Compting-house, No. 89, South Third-street. A quantity of the best Boston mtd Beef in whole and half barrels. fit for ship's use Do. Pork do. A quantity of Sherry Wine A few Pipes Oil Proof Brandy, just landed from Bourdeaux Chocolatein Boxes Rice, Cotton, Cattle-Soy, and Four or five Bales large Orange Peels, &c. May 27.
COLUMBIA HOUSE
Boarding-School for young Ladies. MRS. GROOMBRIDGE with much pleasure and respect, returns her sincere acknowledgement for the liberal encouragement she has received during four years residence in Philadelphia; and assures her friends and the public, so far from intending to decline her school, she has made a superior arrangement for the more convenient accommodation of her scholars.—Every branch of useful and polite education is particularly attended to by Mrs. Groombridge and masters excelling in their respective professions. Corner of Spruce and Eleventh-Streets. June 6th, 1797.
Grattan and Comp.
Respectfully inform their friends, that they have imported from London per the ship Star, a large assortment of PER FUMERY, Which is now opened for sale at their House, No. 192 Market-street. Also, a new assortment of ready-made gentlemen's linen, shirts from 2 dollars each to 8 dollars, &c. &c. &c. Ladies and gentlemen are accommodated with board and lodging at ten Dollars each. Taole Gentlemen who have their own private lodgings, may be accommodated with dinner only, by the week or month. June 5
Erskine's View of the War.
JUST PUBLISHED, By ROBERT CAMPBELL & Co. No. 40 South Second-street, [Price 31 Cents] A View of the Causes and Consequences of the present War with France. By the Honorable THOMAS ERSKINE. May 15
The subscribers, have for sale, the following Goods, viz:
OLD Madeira Wine, in pipes. Port do. in pipes, hogsheads & qr. casks. Malaga do. in hogsheads and qr. casks. Sherry do. in quarter casks. Claret do. of excellent quality, in bottles. Russia Duck. Do. Diaper and Huckaback. Coarse Toweling. Lining Glass, first fort. Russia white Soap, cut in small bars. Mould Candles, in boxes of 60lb weight. London Porters, in bottles. 100 barrels of good beef. A wrought-iron Book Case. PHILIPS, CRAMOND & Co. Philadelphia, 2d June, 1797.
Just Arrived,
In the Schooner Dove, Captain Paul, from St. Thomas, and for sale by the subscriber. Muskovado Sugar in hds. tiers and barrels. St. Croix Rum in hds. And Laguira hides. ALSO ON HAND, Imperial, Hyson, and Sherry and Malaga Wines. Yellow Skin Teas. Holland Gin in pipes. Canton Cloth. Do. Chees. Lutefrings. Do. Glass ware. Silk Hankerchiefs. China Ware. Sewing Silk. Window Blinds. Cotton in bales. Rheubarb. Peruvian Bark. Quicksilver, &c. JOSEPH SIMS. May 22d.
For Sale,
On board the ship MOLLY, John Frost, master from Liverpool, laying at Walnut-street wharf 6000 buhels of fine stoved Salt, AND QUEEN'S WARE, well assorted, BY PHILIP NICKLIN & Co. WHO HAVE IN STORE, ALSO FOR SALE, 100 Boxes White Havana Sugars Imperial and T E A S Hyson 17 tubs Quicksilver 2 shells Bandano Handkerchiefs A few shells Manchester Goods well assorted in corduroys, ticklets, gingham, muslinets, dimities, &c. A Trunks black sewing silk, 180 Crates queens ware, well assorted, 10 Tons fleet lead Nails assorted, flat and sharp points, London particular and Madeira Wine in India market 30 pipes, 10 hds. Tenerife Wine, 10 pipes choice Port ditto, 33 cases yellow paint, 7 boxes 12 bundles writing slates, 2 box ink-stands & note pieces, Sail canvas assorted No. 1 & 8. May 4.
THE FOLLOWING VALUABLE Tracts of Land,
IN the county of Glynn and state of Georgia, will be sold by public sale, at eight o'clock on the evening of Tuesday the 27th day of June next, at the Merchants Coffee-House in this city, unless previously disposed of by private sale. 1st. 7000 acres on St. Simons Sound at the confluence of Frederica and Turtle rivers, adjoining the commons of the town of Brunswick, originally granted to John Howell, and within 6 miles of the Atlantic ocean. 2d. 25,000 acres on the head waters of a branch of the great Satilla, originally granted to Ferdinand O'Neal. 3d. 50,000 acres on the waters of the little Satilla river, and of Buffalo and Alexanders Creeks; the great Satilla road passes through these lands, which were originally granted to Ferdinand O'Neal. 4th. 50,000 acres on the great Satilla river, which are also intersected by a branch of the little Satilla, and were originally granted to Thomas Spalding. It appears by authentic certificates from Thomas Davis, surveyor, and from Major Hopkins now residing in Philadelphia, that the value of these lands are not thirty miles from the ocean, and principally within tide water; that the Altamaha is navigable for boats and rafts two hundred miles above, and for large vessels within ten miles of them; that they are chiefly first rate pine lands, producing timber equal in quality to any in the state of Georgia, possessing the same advantages of navigation. The abovementioned certificates, together with the patents, drafts, and other papers respecting the title, which is complete and unincumbered, are in the possession of the subscribers and may be seen by applying to Benjamin R. Morgan, at No. 5, South Third Street. The terms of payment will be one third cash, the remaining two thirds in good negotiable endorsed notes, payable in three and six months after the sale; a conveyance to be made to each purchaser on the payment of that moiety of the notes received from him which becomes first due. THOMAS FITZSIMONS, JEREMIAH PARKER, BENJAMIN R. MORGAN. Philadelphia, May 31, 1797.
Dutch Gunpowder.
A quantity of the best Dutch Gunpowder for sale by Samuel Breck, jun. No. 89, South Third-street. May 27.
To be Sold at Public Vendue,
At the Merchants' Coffee house, in Philadelphia, on the 25th day of June, at 3 o'clock in the evening, if not before disposed of at private sale, 40,931 1-2 acres of land, on the waters of Wheeling and Fishing creeks, in Washington county, Pennsylvania. The soil is remarkably fertile; and besides a large body of meadow, there are considerable improvements on the premises. These lands were patented in 1787. On payment of part of the purchase money, a reasonable credit will be given for the residue. Enquire of the printer. May 15.
Post-Office, 23d May, 1797.
THE Mail for Baltimore will be closed at this office every morning (Sundays excepted) at half past 7 o'clock. The Mail for Boston will be closed every day (Sundays excepted) at 12 o'clock noon; and The Mail for Frederica, Milford, Clowes, Dagsborough, Delaware, Horntown, Accomack Court-House and Northampton Court-House, Virginia, will be closed every Monday morning at half past 7 o'clock. May 23.
Pennsylvania Population Company.
NOTICE is hereby given to the Shareholders, that a further assessment of fifteen dollars is levied on each share, payable in the following instalments—viz. One quarter immediately. One quarter on the 1st of June. One quarter on the 1st of September. One quarter on the 1st Dec. next. Which they are requested to pay to the Treasurer of the Company at the Company's Office, No. 53, north Fourth-street, agreeably to the times above mentioned; and they are further informed that on their neglecting to pay the same as above directed, the several forfeitures directed by the Constitution, will be exacted. By order of the Board, SOL. MARACHE, Treasurer. May 15.
St. Andrew's Society.
AT a quarterly meeting of the St. Andrew's Society, held at the Golden Swan, last evening, the following gentlemen were unanimously elected members thereof: Lord Henry Stewart, The Honorable Thomas McDonald, Mr. William Alexander, Capt. Duncan Ross, Mr. James Thorburn, Mr. James Stuart, jun. Mr. William Gardner, Mr. Samuel Campbell, of N. T. The Treasurer, Mr. Shields, presented to the meeting the statement of the funds of the society; whereupon, it was Resolved, that he be requested to continue his strenuous exertions to collect in the arrears due to the poor fund, and to make report of his success thereat at the next quarterly meeting. Richard Lake, Secretary. June 1.
Ross & Simson,
Have for Sale, A QUANTITY OF PRIME St. Domingo Cotton, Superior Old Lisbon Wine in Pipes Excellent India Market Teneriffe Wine, In Madeira Casks A few Quarter Casks best Fresh Hyson and TEAS Hyson Skin Muskovado Sugars in Hogsheads, and Coffee in Tiers March 7.
Just Received,
From Batavia (via Providence) 170 Sacks of Java Coffee of first quality 200 half Sacks do. do. A few Boxes of Spices, consisting of Nutmegs, Cloves and mace For sale by WILLINGS & FRANCIS, Pennsylvanian. May 30.
The Subscriber,
Determined to retire from business, invites all who have any note, bill, bond or acceptance of his, now due, to call for payment; and those who wish to anticipate may receive the money at a reasonable discount. JAMES SWAN. dow. May 22. Dorchester, near Boston, 16th May 1797.
Richard Bayley & Co.
Late JOHN WHITESIDES & Co. No. 136 Market-street,
HAVE received per the ships William Penn and Star from London, a large and fashionable assortment of the following articles: viz. Chintzes, and printed Cottons, of the newest patterns FURNITURE Dimities and Chintzes Ginghams, plain and figured, Mullins, printed and embroidered Do. tambour'd, plain, check and strip'd Do. tambour'd, of a very superior quality Fine Book, Jacquet and Decca Handkerchiefs Dimities and mouselines Damask table-linen, in sets and in the piece Diaper ditto in Cloths and in ditto Holland and Russia Sheetings Loop'd Hollands and Irish Linens Long Lawns and Cambrics Satins and Silks, plain and figured Ribbons and Gloves Crapes and Gauzes Straw, Chip, and Paper Hats and Bonnets, new shapes Fancy trimmings, &c. With a variety of articles in the Linen-Drapery and Haberdashery line. May 22
NOW LANDING,
From on board of the ship GEORGE BARCLAY, Capt. CHARLES MALESTER, from Calcutta, the following GOODS, viz:
Coffees Punjum Cloths Hummums Gurrahs Guzzannah India Calicoes Emerics Cotton Checks Mamoudies Mulmuls Sahans Red and Blue Pernegon hks Tickeries Patna do. Jollas Santipore do. Curridarries Plain, striped and flowered fine mouselins Maragungs Ginghams Bafas, various forts Taffeties Sattin Romals Bandanno red hks A L S O, 300 Casks Sugar 40 Boxes do. 165 Bags do. 70,000 lb. weight heavy black Pepper 40,000 lb. weight Ginger 20 Tons Hemp in Bales 9 Pipes East-India Spirits For sale by PHILIPS, CRAMOND & Co. May 4.
Venereal Complaints,
PUNCTUALLY attended to in every stage of that disease, without the use of mercury or refraining of diet, in any case recent and simple, on application at No. 113, Chestnut-street, opposite the United States Bank, or at No. 170, South Water-street, between Spruce and Pine-streets, where he has opened an office for the better accommodation of his patients.
Bur in Lues Venerea confirmed, Doctor Morgan pledges himself, that no system of cure (however specious) can be effectual without mercury, and that all the known rules of practice for these two centuries past, and united experience affirms, that any substitute for it is but nugatory, and any mode of practice to the contrary must be futile and deceptive.
Nevertheless, he undertakes, however complicated the case, to effect a cure without inconvenience or injury to the patient's constitution, and in time not generally experienced or expected. N. B. Regular attendance at the office in Water-street, from the hour of nine o'clock in the morning until one, and from three o'clock in the evening until seven; but any other time at his dwelling house, in Chestnut-street. May 16.
Printed Calicoes.
JOHN MILLER, Jun. & Co. No. 8 Chestnut-street, Have for Sale FIFTY TRUNKS neatly assorted, very low on short credit. March 6.
Ezekiel Hall
HAS removed his Compting Room to Jones's Wharf, where he has for sale 24 hogsheads Cod Fish. A store to let, In Water-street, between Market and Arch-streets. May 29.
TO BE SOLD,
A valuable three story Brick House; SITUATE in Lodge alley, next to the Bank of Pennsylvania, the lot on which it stands, together with the vacant lot adjoining, which extends to Goforth-street. The house is about 60 feet in front on Lodge alley, and about 42 feet in depth, the adjoining lot is about 96 feet front on Lodge alley, and 42 feet on Goforth-street, being a street which leads from Chestnut-street and Carter's alley into Dock-street at the horse market. The house consists of ten lodging rooms, with six fire places, two dining rooms, one of them forty feet in length, the other about thirty-four feet, each containing two fire places, two parlours and a large kitchen, with extensive cellars under, and garrets over the whole, a privilege of a vacant lot of ground to the eastward between this house and the bank, a pump of excellent water in the yard, a handsome piazza fronting the vacant lot, and a frame stable and dwelling house on Goforth-street. The premises now rent for £318 per annum. To be sold clear of all incumbrances. For terms apply to John Clement Stockers April 20
A Compting House to let.
THE Compting House formerly occupied by Mr. John E. Caldwell, on Ross' wharf, will be vacant on 1st June—and for hire to any person who may apply for same. For terms enquire of the printer hereof. May 22.

The Gazette.
PHILADELPHIA,
THURSDAY EVENING, JUNE 8, 1797.
For the Gazette of the United States.
Mr. Tenno,
The apologists for the unprovoked aggression of the French government, both in and out of Congress, have repelled the charge of French influence in this country, by loudly calling for proofs. If the existence of the facts was to be tested by the kind of evidence required in our courts of law, it might be difficult to substantiate the charge; but as the world has not yet become so incredulous as to reject presumptive evidence however strong, I trust it will be easy to show, that these modest apologists, have for once reckoned without their host.
To effect my purpose, it is essential in the first place, that the numerous acts of injustice on the part of France towards this country, should be faithfully and impartially brought into view— they are as follows.
She has endeavored by appealing to our passions to obtain our assistance in promoting her plans of aggrandizement—she has armed our citizens against nations with whom we were at peace—she has erected tribunals within our territory to decide on causes only cognizable by our courts—she has repeatedly violated our neutrality—she has refused to pay for supplies furnished by our merchants in pursuance of solemn contracts made with her agents—she has converted her West-India islands into asylums for pirates, more to be dreaded than the Barbary rovers—she has endangered the very existence of the southern states, by arming the slaves in those islands against their masters—she has let loose those slaves now become robbers, on our helpless commerce—she has attempted to influence our elections and separate the people from their government—she has by her ministers insulted and calumniated the constituted authorities of the United States—she has permitted the ships or vessels belonging to certain characters who prefer her interest to the interest of their own country, to pass unmoistened—whilst the property of persons of a contrary description has been captured and condemned, without the formality of a trial—she has imprisoned our seamen, and subjected them to the pains of death for acts over which they could have no control—she has left no means untried short of force, to induce other nations to accede to her system of distressing us—she has evinced her hostile disposition to this country by resorting to unfounded and ridiculous complaints—and that the measure of her injustice might be full to the brim, she has dismissed our worthy minister with every possible mark of indignity, and declared that she will receive none until the United States have redressed their grievances!
Reader! if you are no British Debtor ; if you enjoy no pergon under the French government; if your vessels sail without certificates of your submission to French mandates; if you are not interested in the immortal contracts for supplying their islands with provisions and receiving the stolen property of your injured fellow citizens in payment; if you are no fugitive from justice; if you are neither bankrupt in fame or in fortune; if you have never cheated your creditors by fraudulent conveyances; if you have never willingly overdrawn your bankers or correspondents; if you have never embezzled the public monies; but, if on the contrary, you are just and an American by birth and in sentiment, tell me, if the conduct of those persons who are daily palliating, nay justifying the long catalogue of insults in your midst, does not produce full conviction in your mind; that they act under FRENCH INFLUENCE . You will say perhaps that you are unacquainted with such monsters, because you do not associate with the enemies of your country, and that your avocations prevent you from attending to the debates in Congress—if so, permit me to call your attention to the following extract from a lengthy and turgid libel on the judiciary of the United States published in Mr. Bache's paper of the 5th instant, and signed SAM. I. CABELL , in which, speaking of the French nation he says—“ I look with a friendly eye on their faults, but I admire their heroism and military prowess—still if that nation or any other on earth shall invade the independence and freedom of my country, I shall view the attempt as an independent American. ” Reader! mark well the candor and patriotism of this confident and patriotic American , the un-justifiable and wicked conduct of the French towards our nation is by him fostered down to mere faults—which faults he regards with a friendly eye although they are direct attacks upon our dearest rights. But left you might under a wrong impression, be led to suppose, that there is but one man in the United States, who regards the wrongs done to his country with indifference or rather satisfaction—I recommend to your perusal, the speeches of those members of Congress, who in order to sacrifice at the shrine of the Directory, the claims of their plundered fellow citizens to compensation, attempted to get rid of Mr. Kittera's proposition by means of the previous question.
JUSTICE.
COMMUNICATION.
Mr. TENNO,
I consider myself bound in justice to Mr. SMITH of SOUTH CAROLINA to contradict the false statement, in Bache's paper of yesterday, of his observations concerning the presence of Foreign Ministers in Congress. I was present through the whole of the debate and can therefore attest the following to be a true account of the matter:
Mr. DAYTON, the Speaker, had censured Mr. HARPER, (Mr. Smith's colleague) for making certain observations respecting Foreign nations in the presence of their Representatives. Mr. Smith in answer animadverted on Mr. Dayton for expressions which tended to restrict the privileges of the members. He did not justify or condemn any thing his colleague had said, “but wished merely to vindicate the rights of the house, which he thought attacked by Mr. Dayton's censure. Mr. Smith said that no member ought to feel himself restrained from expressing his opinions freely and disclosing such sentiments as he thought pertinent to the debate, on account of the presence of any foreign minister, that while the member was in order, and so allowed to be by the Chair, the presence of a foreign minister ought to have no influence whatever on him, and that a contrary idea would be repugnant to the protection afforded the members by the constitution, which declared “that they should not be questioned in any other place for any
speech or debate in the house.” Mr. Smith I aver did not, employ the coarse language ascribed to him by Bache's correspondent; he only said, in polite terms, that, “While the members were solemnly deliberating on the great affairs of the nation they should consider themselves as entirely among themselves, and not as addressing their observations to the bystanders, that the house did not invite the audience nor foreign ministers to hear their debates, and that if they attended and heard unpleasant things, the members were surely not to blame; he should be sorry for his part that any foreign minister should be in that disagreeable predicament, but it nevertheless ought not to check any member from freely delivering those sentiments, which, in his opinion the good of his country required.”
As I was, along with many others near me, much pleased with those manly and patriotic sentiments, so proper to be inculcated at this critical period, and could not see without disgust, the impertinent reflections of some meddling Foreigner (the evident writer of the piece in question) I have pleasure in paying my tribute of gratitude and justice to an independent member whose exertions for the good of his country were sure to be rewarded with the execrations of its Enemies . A FRIEND TO TRUTH.
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, May 24.
Conclusion of Mr. GALLATIN's Speech on the Amendment proposed by Mr. NICHOLAS.
Gentlemen in this discussion have taken a very wide scope indeed, and the gentleman from South Carolina in particular, who is usually very cool, had indulged himself in a poetical flight; he had indeed forgot himself and launched into assertions for which there was not the least foundation—speaking of the conduct of the several French ministers, he had described Genet as making an appeal to the people, Fauchet as fomenting an insurrection, and Adet as insulting the Secretary; the particular point he meant to notice was the fomenting an insurrection:— he was willing to allow that his constituents on that occasion had not behaved well; but it must be in the recollection of many gentlemen in that house, that the common cry and charge against them at the time was, that they were going to join the British, and even the letter of Fauchet himself declares it to be the case; it is true he would not place much reliance on that man who could write on a subject one day and sign a certificate to the contrary another; but he believed he was right in laying it as a poetical flight just made to round a period, he had found poetical occupations for his first and last personage, and it was necessary to find some business for this middle person: indeed this was rendered certain, for he had never heard of but one other authority for the flight, for it was never before asserted but by one PHOCION and William Wilcocks.
The gentleman has with the spirit of a legislator almost as sublime as his poetical character, told us that he should prefer carrying the question with only a majority of one or a casting vote, than not at all; a majority of what, of the representatives of the people; thus then it appears that this gentleman who is at turns recommending unanimity, and the union of the people, is indifferent about an equal division; content with the unanimity of the government—so the Senate and Executive agree with a majority carried only by one, the gentleman cares not if the remaining half of the representatives, and their constituents differ upon the question to be decided—we see then who it is that really wishes to divide the government from the people.
But he hoped that such adverse opinions would not prevail in that house, they were baleful to the very happiness of the country and the due credit of the government, he hoped that a great majority would be found unanimous in resisting the rashness that would drive us to a war; he hoped that there would not be found one man, UNLESS IT WAS THOSE WHO WERE EAGER AFTER POWER OR MONEY, who anticipated in the desolations of war, the realization of riches by plunder, either as agents, contractors, or one or other of those train of wretches, that hover like vultures in rear of battles—then none but such as these would be found eager to involve us in calamities which were too grievous to be yet forgotten among us, and too terrible to be encountered but in the last extremity.
Whatever may be our determination, he said rash or weak men should not divert us from our sober purposes, in the pursuit of measures calculated for accommodation and peace:—We could not be too speedy in our decisions; the events on the other side of the Atlantic, are so rapid, as not to be within our reach or control, we do not know the events which have already taken place; he would not rely on the generosity of any nation, in particular circumstances; and there is no knowing the extent to which success might lead men, under a mistaken impression of injury; we ought to lose no time; the haughtiness of France has overwhelmed nearly all Europe on land.—What she may do next we know not; whether she is just or unjust, we should at least not lose time in negotiation—and we ought the more readily to do this, because there is no man in America, of what party he may be, who will not resist, if resistance is required; therefore while the conflict is doubtful, we should determine our affairs, and as the amendment appears to furnish the only grounds upon which negotiation is at all likely to be attended with the necessary effect of securing peace and independence, that ought to be preferred.
The amendment had been opposed on various other grounds, and among the most curious was that of the gentleman from South Carolina (W. Smith)—he says, either we
have or we have not granted a favor to England in the provision article; and his inferences are, if we have not, France cannot complain; but if we have, since she has by her decree of the 2d March last taken the same advantages to herself, she has no right to complain; thus, according to that gentleman's logic, we have done France the kindest favors, whether we meant it or not; if we would just observe, and the committee would not forget it, that this sort of argument did not belong to the supporters of the amendment,—we say France has no right to assume those immunities, we do not allow it; we say by virtue of the 2d article of our treaty with France she cannot insist on it;—but supposing we should agree in the gentleman's style, and say either we are resolved to be attached to Great-Britain or we are not, if we were such arguments might be very properly used to cement that union, but if we are not, in the name of common sense why object to the amendment. We who propose the amendment say the British treaty exists, it is the law of the land, and we insist upon keeping it; we confess we have said it was a bad one, and so we say still, but we will not therefore go beyond it with you France, we shall agree to make you equal, but no more. The gentleman appeared to coincide in one particular, that was in their opinion of the British treaty; they felt so sensibly alive to it that they dreaded even to touch it, and yet they insisted that it was universally popular, and that its popularity increased in proportion as it became more known; he would leave gentlemen unmoistened in the solacing indulgence of that idea as long as they could persuade themselves into such a phantasy; but he would just suggest to gentlemen, that there did not appear to him a likelihood of its gaining a considerable share of popularity on the western frontier when the memorial of the Spanish minister shall have found its way into that part of the United States.
It has been several times asserted, that all we can say or do on the affairs with France will be now perfectly useless, for she is determined to go to war with us at all events, and various reasons are assigned for this, among others that she is resolved to make us break the British treaty, and to overturn the British trade; gentlemen might have sufficient authority for these reasonings—and they might not;—indeed he would not argue it with them on this occasion; he would suppose it possible that France would sacrifice her interests with us to injure that trade which is the vital support of Britain, and commence a war with us on that account—but if such is really the opinion of gentlemen, ought it not to be the first and most pressing motive with us to adopt measures likely to extricate us from such difficulties; but do gentlemen believe the fact? Do they, who give the President even more credit than he asks on so many occasions, doubt him on this—or have they better means of information on this subject—if they have, why has he not been made acquainted with it? But he still thinks we may negotiate, and consequently entertains no immediate apprehension of a war; this sentiment is expressed in his speech, and it even makes a part of the report, and consequently those who support that part of the answer, cannot with propriety oppose the same thing in the amendment.
It is also charged against the amendment that it concedes every thing and asserts nothing; now the impression which the amendment made on him was, that if any thing, it took higher ground; we all agree as to an insult being given in the dismissal of our minister, and in the amendment, while we leave open the ground for negotiation, proposed by the President, we declare that a repetition of insult will put an end to every friendly relation—and after all, this firm language is said to be degrading.
Mr. W. SMITH begged leave to offer a short reply, he had been accused of indulging a poetical flight, but the gentleman who accused him appeared himself in that particular to have been indulging a poetic license; he had talked of concession as if France had not spoiled; we are not about to conclude a treaty of concession, but to enter on negotiation for a treaty of stipulations for equivalents; if we are to usurp the treaty-making power in this house, he hoped we would not forget to do something for America—as to the poetical flight, he appealed to the recollection of gentlemen who had read Fauchet's letter wherein he pathetically deplores the failure of the Western insurrection by a too early explosion. The gentleman says he is not disposed to make any concession, but is it not evident that force exists; does this not invite hostility, if we say we must concede: do we not admit by this what France seeks, and if she obtains one article of the British treaty by threats, may we not expect to hear her demand all the other articles by similar means—and the repeal of the law of 1794, and all her other insulting demands. The gentleman had made another extraordinary discovery, that the President seeks our advice, he denied it; he gives us a narrative of the state of the Union, and he tells us he means to pursue negotiation, he calls you to defend your country against external attacks, and to be prepared to repel them; but here we work whole days in discussing business that does not belong to us; and perhaps in this great revolutionary change of constitution while we are thus employed the Senate may be doing our duty and debating the means of defence.
Conclusion of the Debate on Mr. KITTERA's Amendment.
FRIDAY, June 2.
[Mr. HARPER was not surprised that the gentleman last up should have so far wandered from the subject; nobody who knew him would be surprised. From what he had said, he should have thought the motion before the house had been a call upon the secretary of state for papers. The reason why the papers the gentleman mentioned were not before them was, they had not been asked for.
He looked with contempt upon what the gentleman had said about the practice of country courts ; he thought it indicative of his want of sense and good manners.
Mr. RUTLEDGE wished to make an observation, which though not strictly in order, he trusted he should be permitted to make, as it was in reference to what had fallen from the gentleman last up.
The SPEAKER said he could not be permitted to proceed with remarks not in order.
Mr. W. SMITH supposed that as the gentleman from Maryland had been permitted to make his observations, a reply to them ought to be allowed.
The SPEAKER said the remarks of the gentleman from S. Carolina was equally out of order. (He read the rule.) The gentleman having set out with saying what he should offer would not be in order, it was his duty to stop him. He should ask leave of the house for him to proceed. Leave was asked and given.
Mr. RUTLEDGE observed, the gentleman had frequently called for documents with respect to spoliations. The gentleman could not have read the documents on the table, without seeing major Mountflorence's papers on that subject, which not only confirmed the taking of vessels, but also the refusal of an old law requiring the protection of seamen to be counter-signed by the officers of government.—He should vote against the previous question; but he was for lessening the evil as much as he could, which was a common course taken in passing of bills. If the amendment was adopted, he should vote for the whole.
Mr. S. SMITH answered that he had noticed the documents which had been mentioned, when he was up the other day.
Mr. CRAIK thought there was no necessity for farther proof of the spoliations committed upon our commerce by the French than they had before them. He thought it right that the stipulation in favor of our citizens should be added, and that the attempt to get rid of it by the previous question was unfair, as a refusal to consider the subject would amount to a justification of the spoliations, and to a denial to the right of our citizens to satisfaction. He denied that there was any danger of a war in consequence of the French refusing to make the satisfaction here mentioned; nor could the conceited gentlemen need to be alarmed for the loss of the amendment proposed.
Mr. NICHOLAS said, it was his wish to offer France the concession already agreed upon, for the sake of peace, and at the same time to convince them that they had nothing to expect from any party in this country (which it appears they had been led to believe) in support of any unjustifiable claim. The amendment which had been agreed to, he thought well calculated to produce this effect; as it declared what those Frenchmen (as they had been stigmatized) were willing to do; but now gentlemen came forward, and wished to tack another proposition to this, viz. that compensation shall be made for spoliations committed upon our citizens. It was not doubted that this was a proper subject of negotiation; but when they saw the zeal which was shewn by the executive in favor of our own claims, they did not suppose these would be forgotten; but they did think it possible from the complexion of the speech of the President, and the reported answer to it, that it was possible the concessions which they had introduced might not be attended to. They wished, therefore, as they believed the peace of the country depended upon it, to express their wishes on that subject; but if the subject of spoliations was introduced in the way proposed, it would be to say, “we will have satisfaction for spoliations, or we will not treat;” for said he, it is either a fine qua non , or it is not; if it were, it apprehended war would be the consequence; if it were not, it could not be of any use, but would destroy the claims of the merchants. He denied that gentlemen averse to this proposition were averse to obtaining redress for the merchants; their object was peace, and they did not wish to clog the negotiation with anything which might prevent a continuance of blessings to our country.—Mr. N. defended himself and those who voted with him from the charge of being friends of France . He believed they could challenge gentlemen on the other side to show that they had more reason to be attached to this country than they, he thought their fortunes were as stable and their domestic comforts as great as were those of other gentlemen .
Mr. N. was proceeding on this subject, but was called to order.] [The part included by brackets should have followed immediately after the observations of Mr. Smith, of Maryland, in yesterday's paper.]
Mr. DANA said he was perfectly satisfied with the vote which he had given on the proposition for placing France on the same footing with other nations; he notwithstanding acknowledged the obligation he was under to those gentlemen who seemed to express solicitude at the dilemma in which they supposed those who voted for that question were now placed. However the solicitude of gentlemen on this account was misplaced as to himself, as he did not wish to evade a vote upon the main question. He should therefore vote against the previous question.
It had been said that if the proposition now proposed to be introduced was carried, it would be either pledging the house to go to war, or amount to a relinquishment of the claims of our merchants. If he thought it would pledge them to go to war, if not acceded to, he should be against it. The question having been brought up, if no decision was had upon it, it might be supposed that the house did not consider that any injury had been done to our neutral rights. In case we were disposed to go to war, if this hope was not complied with, we should go on to state, we should proceed to act accordingly against France. To suppose the expressing of the hope in the way proposed would be offensive to France, was perfectly
humiliating. France, said he, has violated our neutral rights, and he hoped she would at least pay our merchants the amount of their losses; and he would have expressed this hope, if the former amendment had not been agreed to; it was saying no more than that he hoped the French would be honest .
Mr. W. SMITH thought it his duty, as representing a large commercial city to express his sentiments on this occasion. He denied that the construction put upon the proposed amendment by Mr. Gallatin was a just one; if meant no more, he said, than to express a hope that the French would have a disposition to make the injuries done to our neutral rights a subject of negotiation. They had often been told of the justice and magnanimity of the French nation (he believed by that gentleman); and he trusted they would not be so unjust , so atrocious , as, because we express a hope that they will do this, to make war upon us.
Mr. GALLATIN interrupted Mr. S. to say that he had never made use of such sentiments; he had never spoke of the French making war upon us. He never said the expressing a hope would be an ultimatum. He made two propositions of the question (which he explained as before.) He never said any thing either about the justice or magnanimity of the French nation.
Mr. W. SMITH said he would not interrupt the gentleman, because he expected he would confirm what he had asserted. Mr. S. said he was first endeavoring to show how far it would operate with respect to France; because, if that nation was so great and just as she was reported to be, there would be no danger of war on her part; and he was going to show how far war was likely to take place on our part.—In order to support his argument, the gentleman must show that we pledged ourselves to go to war. There was no such thing, and he denied that any such idea existed. No gentleman objected to negotiate; nay, it was known that a nomination had taken place above stairs of negotiators.
They were now, Mr. S. said, doing the business of the other departments of government; but, as it had been so determined, they must consider themselves as in their situation. He therefore supposed that House as forming a council to the President. He supposed that the President might be in the chair, and they were advising him how to act. He asked their opinion. In the first place, said he, we answer, you must concede to France the article respecting free ships, &c. Other gentlemen say, that is not all, you must speak of spoliations. They sit down, and begin to draw the articles of instruction for the negotiator. They first mention the concession with respect to the British treaty; but say other gentlemen, you must add a hope that payment will be made for spoliations; but they answer, no; you must not ask France for this, that would be an ultimatum.—This, said Mr. S. would be our situation. He denied however that such a proposition was any more than expressing a hope that the spoliations would become a feature in the negotiation.
Gentlemen asked why triumph in their dilemma. There was no doubt, they were in one; they confessed it. And why? Because they did not wish to make this claim. Why did not they wish it? It was difficult to say; but they might conjecture, and he believed it was, that to agree to such a proposition, would be to say that there had been injuries done to this country by France.—Do they wish to hold up an idea that France is justified in their spoliations? Do they think the conduct of our Executive has been such as to provoke them? He hoped not; though the conduct of some gentlemen seemed to imply it. It would be easy to show that this was not the case; and he had to doubt that when our commissioners came to make a candid explanation of that conduct to the French government, there would be a disposition on the part of France to make reparation.
But the gentleman from Maryland said there was not many regular captures; that the vessels taken were mostly going to rebel ports; if so, they would be the easier compensated.
Gentlemen allowed that the first part of the proposition was what it ought to be; but it was improper to say any thing about spoliations. By this it appeared as if that house intended to entrap the Executive.—Gentlemen say if you demand compensation for spoliations, it will involve a war; yet they expect the Executive to make a demand on this head. Did not this hold out an idea that the House was for peace, and the Executive for war? He believed, though this was not expressly said, it had all along been insinuated. We will usurp the right of making a peace-proposition; but we will throw the obloquy of the war proposition upon the Executive. We will hold out the olive branch; but the Executive shall brandish the sword!
Mr. S. referred to the measures of sequestration and a prohibition of commercial intercourse which were proposed when British spoliations were complained of; but now, he said, they were not to express a hope for redress.
With respect to the fear of war, Mr. S. asked if France were to send an agent to make a requisition upon them, if the same arguments as were now used would not apply? Suppose, for instance, they should want five millions of dollars, and if not paid within a certain time, war would be made upon us. It might be said, why shall we go to war about this? One campaign would cost more than all this. Would not such language as this, encourage them to make a requisition upon us? If they discovered our utter want of spirit to resent wrongs, they might carry on a mockery of a negotiation, and in the mean time let loose their cruisers upon our commerce. In countries where the French have armies, said Mr. S. they can do all this and more. They say you must raise us so many millions of money, and such a quantity of supplies by such a day; you must do this, or take the consequence.

If we were in their situation (which thank God we are not at present whatever we may be) we could not help complying.
Mr. McDOWELL spoke in favour of the previous question, and was replied to by Mr. OTIS.
Mr. BRENT declared his intention of voting in favour of the previous question, tho' he had expressed his intention yesterday of voting differently; but, since hearing the arguments of the gentleman from Pennsylvania, and having himself seriously considered the subject, he was determined to vote against now putting the main question.
Mr. KITTYER said he had kept his seat with difficulty when he heard gentlemen speak of this as an offensive proposition to France; he thought to chess a doubt that they would do justice, would be more likely to insult that nation. Many professions he said had been made with respect to wishing the peace of the country to be preserved. Immediately representing people who enjoyed peace above every thing else, it would be difficult to make them believe he was not sincere in his professions for peace as any man. He believed his proposition did not tend to war but to peace. He thought the main question ought now to be put, as the proposition, carried without the amendment, would carry a strong implication that this government was about to abandon the claims of her citizens.
Mr. R. WILLIAMS should make no apology for troubling the house as was common, as he conceived he had a right to express his thoughts on this and every other question presented to him. It was said that if the present motion was not adopted, it would be abandoning the rights of our fellow citizens, this argument he supposed was used to frighten members into a vote which they did not wish to give. He considered the nation as bound to protect its citizens in the legal exercise of their business on the Ocean; but if any other nation injured them, they were to look to their own government for redress and not to the foreign nation. It was true, the government had a right to look for satisfaction for the wrongs. He did not therefore consider this vote as in any degree injuring his fellow citizens. They did not at present know the amount of the spoliations. It would be an after consideration, if they should not be paid, whether we will pay them ourselves or go to war. Mr. W. took notice of several arguments which had been used against putting the previous question; he particularly observed upon the singularity of what fell from Mr. OTIS, that he believed the principle wrong, and that such encroachments upon the Executive would lead him to fortify himself by corruption or force ; yet he would vote for it.
Mr. POTTER hoped the previous question would not prevail. He trusted the Representatives of the American people were not prepared to give up the claims of their fellow citizens without even asking for a satisfaction of them.
The previous question was put in this form "shall the main question now be put."—Nays—51—Ayes—43.
Wednesday, June 7. Mr. OTIS presented a petition from sundry merchants of Boston and Charlestown trading to China and India, praying for a suspension for a limited time of certain duties imposed last session upon tea and white cotton goods, intended to take place from the first of July next, on the ground that it was the intention of the Legislature to exempt from the duty the cargo of all vessels then on their voyages, alleging that their vessels required a longer time to make their voyages than vessels from some other ports of the Union. Referred to a select Committee of three members.
Mr. W. SMITH moved that the House go into a Committee of the whole on the Bill for prohibiting for a limited time, the exportation of arms and ammunition; which it accordingly did, and after receiving sundry verbal amendments, suggested by Mr. BAYARD, the committee rose and the house agreed to them. The bill was ordered to be re-engrossed.
The house then resolved itself into a Committee of the whole on the State of the Union; when the third resolution, relating to the purchase of additional armed vessels, having been read,
Mr. SEWALL submitted it to the gentleman who brought forward those resolutions, whether it would not be better to postpone a determination upon the third and fourth resolutions, until the fifth was disposed of; because if it were agreed to, it might have an effect upon the vote of gentlemen upon the other two, as they might be of opinion that if the merchants vessels were armed, there would be no necessity for a convoy.
Mr. W. SMITH had no objection to postpone the consideration of the third and fourth resolutions for the present, in order to take up the fifth.
Mr. NICHOLS as supposed this could not be done except the gentleman chose to withdraw the third and fourth resolutions.
Mr. W. SMITH said it might be done by general consent.
Mr. GILES could not consent to depart from the plan of discussion laid down by the gentleman from S. Carolina. For his part he should vote against the whole of the resolutions, and trusted a majority of the committee would do so: and he did not wish the decision to be delayed. He wished the country at large to know the sense of the committee upon them as soon as possible.
Mr. OTIS could not see how it was material to gentlemen who intended to vote against the whole in what order the resolutions were discussed; to those who were not decided it might be material. He was of opinion with his colleague that it would be best to take them up in the way he proposed, and he thought it would be unadvisable to object to the postponement. The Senate had already passed a law on the 3d and 4th, and those might as well be considered in their bill.
Mr. W. SMITH said he should adopt a mode, which would not require the consent of gentlemen. He withdrew, for the present, the third and fourth resolutions.
The 5th which was in the following words, having been read.
Resolved, That provision be made by law, for regulating the arming of the merchant vessels of the United States.
Mr. SWANWICK enquired with what view these vessels were to be provided; against whom they were to be employed, and in what cases they were to be defended themselves. The information which he might receive on these enquiries, he said, would have considerable weight in influencing his vote.
Mr. HARPER said the detail would be brought forward in the bill; the principle was now only to be determined. He had not thought of all the modifications which might be given to it, though he had thought of many; but it would be best discussed in the general form. The gentleman if he thought proper, might introduce into the resolution, any principle which he might wish to have inserted in it.
Mr. WILLIAMS said, it was well known that a number of our merchantmen were arming in different ports; if he relied, as it was, therefore, necessary to regulate such arming to prevent incidents being done—Gentlemen might differ in their opinion on the propriety of the measure, but all would agree that vessels were arming, that they should be put under some restraint. When he voted for making the arming of merchant vessels a subject of national employment in the defence of our coasts, and not as a convey. Our situation he said was truly critical, and he was determined how far it would be proper to arm the merchant vessels of the United States; but to prevent mischief, he wished the resolution might be agreed to, referring to himself the right of voting ultimately for or against it. It might afterwards undergo such modifications as should be found necessary.
Mr. LIVINGSTON said the gentleman from Pennsylvania had very properly enquired what was the scope of the present resolution, and he expected some answer would have been given. The gentleman from S. Carolina had said, they must vote for the principle, and the detail would come of course. So that without knowing its object, whether it was defensive or offensive, they were called upon to agree to the principle. This deficiency had been supplied in some degree by the gentleman from New York. He says the merchants have undertaken to arm their vessels. He wished to know whence he derived his information? The only information before them was the President's speech, where he says he has forbidden such arming, except in the East India trade. He therefore supposed the fact not founded. What, he asked, was intended to be done with these armed vessels? He said they must argue hypothetically. He supposed they were intended to protect our trade. He did not believe they were meant to operate offensively. But he would ask, if this were the case, if it would not lead directly to war; since individuals would be left to determine the law of nations, and of course the peace of the country would be placed at their disposal, and all precautions, on the part of government, would be in vain, since individuals, who might have an opposite interest to that of government, might be continually committing acts of hostility.
Who, said Mr. L. are our merchants? Were they all men in whom implicit confidence could be placed? Were they all Americans? He believed the generality of them might be well disposed towards the interests of this country: but if there were one man of a contrary spirit, the peace of the country would be at his disposal; for what would avail all the instructions which were given, if one foreigner had the power to commit acts of hostility on a power with whom we are at peace; and if government were to disavow violations of this sort, yet a repetition of them would certainly involve the country in a war. And when it was considered what a number of English and French we had amongst us, who would wish to see this country take part in the present war, it would not be extraordinary, if they should seize such an opportunity of provoking hostilities with one or the other power. For his own part, he looked upon the measure in so serious a light, that he should not hesitate to say, he should prefer a Declaration of War , to such a step, because it would be a dereliction of principle, thus to commit into the hands of their knew not whom, that most sacred trust, the preservation of the peace of the country; whereas, if war were to be declared, we should put ourselves into a state of defence accordingly. A measure of this kind taken under the mask of peace, would be plunging a dagger into the vitals of the country, from which it would be a long time in recovering. Mr. L. concluded, by remarking upon the extraordinary manner in which this business was conducted, and attributed the withdrawing of the 3d and 4th resolutions to a persuasion that they would have been negatived, if persisted in.
Mr. S. SMITH acknowledged that the present was a very delicate subject; but had not the President forbidden the arming of merchant vessels, he should have been of opinion that the merchants vessels of a neutral power had always a right to arm for their own defence. But he believed it was necessary that something should be done. Merchants would arm their vessels from the right given to them by the law of nations, and, if not restrained, might go on to do acts which could not be justified. Though he believed merchants possessed the right of arming their vessels; yet, rather than do any thing which would involve the country in war, he believed they would desist from the practice, and bear the losses which they might, for the want of arms, suffer. He moved to strike out the word "regulating," and to insert in the place of it "restricting in certain cases."
Mr. SWANWICK believed it would be very difficult to devise any plan by which to regulate a power of this kind, since private interest was set to work to evade the law. There had always been great difficulty to prevent privateers from being fitted out in our ports, and it was known that many of the vessels employed against our trade in the West Indies, notwithstanding the precaution, had been fitted out in our ports, and whenever permission was given to merchants to arm their vessels, that permission would be a cover for a variety of abuses. Besides, the arming of vessels, Mr. S. said, would be attended with an expense which no regular trade could support. If it were not for this, nations at war might carry on trade, as well as neutral nations. He looked upon the advantages which the United States had derived from their trade to be owing to their having carried it on without the necessity of arming; this provision, therefore, could have no other effect, than to involve us in war. What, he asked, had been the conduct of other neutral nations? He did not believe Denmark, Sweden, or Venice had carried guns on board their merchant vessels, though they had had very considerable commerce. He believed that the only proper protection for the trade of a nation was the armed force of the government, which would always be un-
der due regulations. For these reasons, he should be opposed to the present measure.
Mr. GALLATIN said, it seemed as if the motion of the gentleman from S. Carolina was susceptible of any shape, since the amendment now incorporated into it, seemed to have a different view, from the original. At present, he would state his objections to the principle of the resolution itself. The first enquiry was, whether the law of nations permitted the merchant vessels of a neutral nation to arm. If they had not a right to permit it, whether they are not bound to prohibit it. He had examined the law of nations on this subject, and found no such authority, nor did the practice of modern times justify the practice. He took a view of the different stages of society to show, that whenever regular governments were established, the public defence was always placed in them, and it was their duty to protect individuals, since they did not give them leave to protect themselves.
Mr. G. said he knew of no exception, but in cases of letters of marque and reprisal, and he did not know a single instance within the last century, where there had been granted, but war had been the consequence, so repugnant were they to the present state of society. It was true nations might be in such a state, as to find it necessary to grant such a power; as when a nation with which it has to do is unable to support the common relations of intercourse. Two instances of this kind presented themselves, viz.—the East-India trade, and the Mediterranean trade. In carrying on our trade with the East-Indies, our vessels were met by those of a number of uncivilized powers, upon whom no restraint could be had, so that no remedy was left to us, but immediate resistance. Nearly of the same nature was the situation of the Barbary powers in the Mediterranean; and although we enter into a treaty with them, we have not a perfect reliance upon their observing their engagements, our merchants vessels are, therefore, permitted to trade to those parts armed. He knew it might be said, that at present, the West-Indies were in a similar situation. He believed in some respects they were; and this could be the only plea for adopting a measure like the present. If it were to be understood that there was to be an end of the negotiating with France, or that the privilege of arming would not be abandoned, it might be proper to authorise the arming of merchant vessels; but he believed, if it were considered that such a permission would be almost certain to involve us in a war, it would appear to be much more wise to await the event of the negotiation with France by a measure of this kind, but he was afraid of involving our country in a war.
Mr. G. observed, that when he said it was our duty to prohibit the fitting out of armed merchant vessels, he thought we owed it to our own security to do so; and as the President had told them that he had prohibited the fitting out of any such vessels until the will of Congress was known upon the subject, he saw no danger that could arise from vessels still remaining unarmed. And if there were any merchants vessels arming, he believed it would be best for government to remain silent on the subject; for then, if merchants proceeded to acts of hostility, government might disclaim the act, and they alone would have to answer for them. Mr. G. concluded by saying, that this being a new subject, he should be glad to hear what could be said in favor of it, or of any historical fact which could throw light upon it.
Mr. COIT complained of the proposition, when first introduced, and now amended, being very indefinite. He thought the provision should be made, but he wished the object to be defined: He could not say that he could so modify the resolution, that he could himself vote for it; he had not made up his mind upon the subject as to what cases restrictions should be made; but, in order to take the sense of the committee, he would move an amendment, in order to bring the subject before them. It was to strike out "certain cases," and to insert at the end of the resolution "bound to the East Indies and to the Mediterranean."
Mr. HARPER proposed to amend the amendment, by adding the word "West," given "East," so as to read "East and West Indies."
Mr. W. SMITH did not think it material whether West-Indies was inserted, or the amendment was rejected altogether. It was his wish that the committee should first have decided upon the abstract principle. Presuming it to be the existing law of this country that merchants have a right to arm their vessels, he wished to know whether it was their wish to interfere in regulating and restricting that right. He believed the modification of the business might very well have been done in the bill. He would have risen before to have given his reason for this, had he not been prevented from doing so by gentlemen who had complained that he had not done it. He was in favor of the amendment to the amendment; but, if it was not carried, he would be against the amendment. It would be in vain to take into consideration the East India and Mediterranean trade, when spoliations were principally committed in the West Indies, when, indeed, the objects of the present meeting of Congress, was principally to take into consideration the protection of the West India and European trade: he presumed, therefore, if they meant to do any thing effectual, they should take into consideration the West India trade. Gentlemen were very ready, he said, to object to every plan brought forward, but they themselves proposed nothing. All they did was to hold out alarms of war, though every one expressed a desire for peace.
The gentleman from Pennsylvania (Mr. Swanwick) had objected to the arming of merchant vessels, because of the expense. He believed the merchants of the United States in general thought differently, tho' there might be some merchants in this city who would be averse to the measure. As to the expense, he believed, the expence of
fitting out the vessels, would be more than saved in the insurance. But there was a further consideration—by this means the vessels and seamen would be preferred to the United States; whereas, if it were not adopted, we not only lose our vessels and men, but they go to strengthen the power of a nation which may use them against us. And unless France knows that this Government will afford protection to its vessels, it might expect that the world take advantage of our remissness, by spinning out the negotiation, and plundering our property. Something had been said about the conduct of other neutral nations. He believed they had armed their merchantmen, though they did not pledge themselves to prove it; but if this were not the case, they had fleets to convoy their trade. We, on the contrary, had no fleet, nor did gentlemen seem disposed that we should have any, since they have expressed their wishes that the frigates now building were burnt. He asked what was to become of the commerce of this country, if we refused to protect it? If we were to resort to an embargo, what would be the consequences? You would not, said he, suffer your vessels to lay up for ever. After a time, they would be sent out again. In case of an embargo, what, he asked, would become of our seamen? They would wander about the country, discontented, and perishing for want. What would become of our produce? It would rot upon our wharves.
The gentleman from Pennsylvania (Mr. Gallatin) had not said neutral nations had not a right to arm their merchant's vessels, and he had no doubt, if he could have done it he would. Was it, then, right for us to sit still and see the property of our merchants spoliated. Was it not our duty to protect our commerce, our merchants, our revenue? If we were to suffer these to be laid waste, when that state of things arrived which he believed was not far distant, in what a situation should we be! Nay, he believed that the conduct of gentlemen on that floor would have the effect to increase the demands of France upon us, by controling her means and our weakness.
The gentleman from Pennsylvania had justified our right to arm merchant vessels to the East Indies and the Mediterranean, but had introduced some nice distinctions to show that the same reason did not exist for arming our West India vessels; but he could see no reason for it in one case, which did not also exist in the other.
But he was surprised that the gentleman should have treated so cavalierly our good ally the Dey of Algiers, who had behaved so very politely and generously to us. He thought much more respect was due to the Dey than to Victor Hugues, though that gentleman did not seem to speak of him with equal respect. The Dey of Algiers had lent 40,000 dollars to our agent for the purpose of making a treaty with Tunis. Victor Hugues, on the contrary, took all he could get from us.
Unless some means of protecting our vessels was determined upon, our coasting trade would be lost, since the Picaroons had been off the Capes of the Delaware. And if they were to know, that Congress had adjourned, without doing any thing for our protection against them, our coast would swarm with them.
But gentlemen were afraid, if our vessels went to the West Indies armed, war would be the consequence. He did not think so. He believed France considered all that part of the country as outlawed; and that it had little connection with the Government of the country. Indeed, he knew it as a fact, that the French Minister had assured our Government, before he left Philadelphia, that the spoliations committed in the West Indies were unauthorized; and, therefore, if no means of defence were taken against them, we could have no ground upon which to expect redress from France.
But gentlemen said, why take these measures at present, since they may be looked upon as hostile, while our negotiation is pending? He believed, that after the present dispute should be adjusted with France, it would be necessary to arm our vessels trading to the West Indies, as he believed, for some years to come, these buccaneers of various colours, would continue to infest those seas. And if this were the case, why ought they not to go into arming our vessels at present, when they were met for the purpose of taking effectual measures for the defence of our country.
Mr. S. SMITH conceived that Congress were called together to adopt such measures as were best calculated to preserve the peace of the country, by means of negotiation, and to do upon such means of defence as would not be injurious to the country. It was his opinion that the President was not authorised by law to prevent the vessels of merchants being armed; but the merchants of the United States would readily submit to any loss rather than go to war. He knew that this was the opinion of the Philadelphia merchants; he had seen many of them. Nor had he met with one native American who wished to go into this arming plan; they believe it would infringe our neutrality, and throw us into a war. When he came here, his mind was scarcely made up on the subject; he did not like to give up his right to defend his property; but he had found this to be the general opinion, and therefore he brought forward the amendment, which had been well amended by the gentleman from Connecticut. The gentleman from South Carolina had since added West Indies , and this brought them to issue; for it was war, or not war.
[We are obliged, for want of room, to defer the conclusion of this day's proceedings, 'till to-morrow. No vote was taken on the question.]
HAY.
A Quantity of excellent Old and New Hay to be had at Peck Hall Farm on the Wissahickon Road, about 2 miles from the City. Also, A QUANTITY OF BUILDING STONE. June 8 56t
PORT OF PHILADELPHIA.
Table with 3 columns: Ship, Port, Date. Includes entries for Ship Mount Vernon, Brig Fly, Polly, Commerce, Mary, Esopus, and others.
The Fly left the Mole under convoy of an 18 gun brig, hired for the purpose by the masters of the cargo, to convey them through the Key's Pass to the West Indies. The Mount Vernon, arrived yesterday, confirms the account of the sudden treat of the British armament from Porto Rico, with the loss of their heavy artillery, tents, &c.
LAILSON'S CIRCUS.
The Public are respectfully informed that The Performances at the NEW CIRCUS, THIS EVENING, June 8, Will begin by a Grand Parade of Equestrian Performers of both sexes. A grand display of Horsemanship, By Messrs. Langley, Henson, C. Vandevice, Nicholas Carré, Sully, the Clown and Lailson. Mr. LAILSON will perform several new and astonishing exercises, which he will not undertake to enumerate, in order to surprise the spectator; he aims being to please—and nothing shall be neglected to render the exercises worthy the attention of the patrons of this new art. The Pedestal, By the beautiful Princess (which has never been executed in America) After which will be presented (for the second time) the favorite French comic opera, called Le Tableau Parlant; Or, The Speaking Picture. With elegant new scenery, executed by Mr. Perouany, The evening's entertainment will conclude by a second representation of the pantomime, called Harlequin Mariner; Or, THE DISTRESSED TAR. With alterations, additions, new scenery, decorations, &c.
WANTED.
ABOUT 200 tons of freight, for any port in Spain, or the Mediterranean in a neutral bottom. Enquire of JAMES YARD June 7.
THE SUBSCRIBER having been appointed by the Envoy Extraordinary and Minister Plenipotentiary of his Britannic Majesty, General Agent for settling British creditors, and such particular agents as they may specially authorise, in prosecuting their claims before the commissioners for carrying into effect the sixth article of the Treaty of Amity, Commerce and Navigation between his Britannic Majesty and the United States of America, hereby gives notice that he has opened his office at his house the fourth east corner of Chestnut and fifth Streets, Philadelphia, where he is ready to receive all claims or instructions for claims with the vouchers and documents thereof, for the purpose of bringing forward the same agreeably to the rules and orders which the board may think proper to prescribe.
And as it will be for the interest of all concerned, that the several claims may be so stated, and supported, as to prevent the delay which would arise from the necessity of obtaining further information, or additional materials, from persons residing at a distance, the general agent thinks it his duty to add, (for the direction chiefly of those, who, not having employed particular agents, may leave the prosecution of their claims to his charge and management) that all such claims ought in particular to set forth— 1st. The proper description and situation of the creditor or claimant, and original debtor, respectively.
2d. The date or nature of the original contract or debt.
3d. When, in what manner, and to what extent, the creditor or claimant was prevented or impeded, by the provision, operation or defect of law, the decisions and practice of courts, or restraint of execution, from recovering payment of the debt in question.
4th. The loss and damage incurred or sustained, in consequence of such impediments, whether the same may have arisen from the insolvency, change of situation, or death of the debtor, the loss of legal remedy from lapse of time, or otherwise impairing the value and security of the debt, which would not have been operated if such impediments had not existed.
And 5th. The particular grounds and reasons on which the claimant maintains, in the terms of the treaty, that "by the ordinary course of judicial proceedings the creditor cannot now obtain and actually have and receive full and adequate compensation" for the losses and damages so sustained.
The general agent thinks it his duty further to suggest that the several claimants ought to be accompanied and supported by the affidavits of the claimants duly sworn and regularly attested, both as to the existence of the debts claimed, and such other circumstances as may be within their own knowledge respectively, and wherever the claimants in stating the nature of their evidence (which must in every instance be the best of which the case is capable) have occasion to refer to the testimony of witnesses, it will be proper to apprise the general agent of the names and places of residence of such witnesses and the facts to be established by their testimony.
Wm. Moore Smith. Philadelphia, June 8th, 1797. dim
This Day is Published,
And sold by H. & L. KAMMERER, jun. No. 24, North Third-street, also, by Mr. HENRY SWETZER, No. 85, Race-street, (Price half a Dollar neatly bound)
The Man of real Sensibility; Or, THE HISTORY OF SIR G. ELLISON. Founded on Fact.
The elegant Edition of the Elements of Morality, in two vols. illustrated with twenty copper-plates, may also be had as above, price, half bound and gilt, two dollars and fifty cents. H. & L. K. junrs. have on hand a quantity of No. 2 and 2 Writing Paper. June 8.
For Sale, The Brig ACTIVE,
On the 20th inst. at the Coffee-House, at 7 o'clock, P. M. the same from sea; she is known to be a fast sailer. Any particular information may be had on application to Capt. Bingham on board said brig, at Messrs. Jeffe and Robert Wall's Wharf, to John Plankintone, or Thomas Stewart. Inventory to be seen and terms of payment to be known at the time of sale. June 8.