The gazette. [volume] (Portland, Me.) 1798-1799, 1798-07-09

competent" to make The arrefs meaning the
courts, judges and officers Of the country where
the coniul reGdes. In addition to this, if
power could be given to confuls to appoint
officers to execute their decitions theie officers
mutt of courfe have their fees of compensation
to be paid by one or other Of the parties. But
the article giving rh- iurifd6ion declares that
the confular judgments hall be without
COTS"
The fccond complaint is that the Judges Of
the Y. ;. have required the exhibition of the
original roll OF the crew as a teltimony which
would authorize The ihuing mandate, to ap-
Prehend French mariner charged as ads1erter.
The right to require theie mandates is founded
entirely on the 9th article Of the conlullr con
venion.
That declares "that tie confals & vice con.
fuls lhall address themGeves to the courts Judges
and Off ers competent, and ihall demand he
iad deieters in writing, proving BY IN exhi
ton Of the regiLter Of the veT ! or ihlp's roll,
that thofe men were part Of the f.id crews and
on this demand 70 proved (Elvng however
where the contrary is provcJ) the delivery lh4ll
not be refucd.
1t would be an idl. waite of time to attempt
20 prove 70 you, citizen minifer, Ihat a RICHTER
Of the vefIe or fAP's roll, is not copy Of that
paper, or that a copy does not Etsfy a law
which PeremPtorily requires the exhibition of
the original. Your predeceho; has though
proper to refer to the 9Th article Of that inRtu-
ment, bur a flight peruial Of thar article
will convince you citizen minifer, that it does
not apply to the cafe. When the Judges Of the
United Sites determined that the mandate of
arrelt could not be iaIed IN the exhibition Of A
"coPy Of the RICHTER Of the veHel or fhp's roll"
they did not 70 decide for the pu p0!e Of giving
effect to he fyltem Of tie government, but be-
becaute the treaty was clearly uadertood BY
! them PofitIvely to require the Pr-r9nEaion If
the oriGional.
| The unjerfgned regret, citizen miniter, that
| your reiearches concerning tie United States
have not extended u heir courts. You would
have perceived and admired their purity you
would have perceived lhtt America may repo{e
herlelf lecurely on the integrity Of her judges,
and your juIticc would have fpareG the lninua
ton concerning them which have cloled this
part q your letter.
| The undersigned will now confder what you
have fated with relPed u the treaty Of amity,
commerce and navigation formed wiki Great
brit~.n.
4 =
terms, Of the deception allcdged To have been
Pra6ned with reiPef to the objects of Mr.. Jays
milton TO London, and alto Of the contents of
the treaty which that milton produced-You
are pleaed 10 oblervc that il was then flid, that
Mr.. Jay he'd been 1ent to London only to nego-
Gate arrangements relative 10 the dep citations
committed on the American commerce by the
cruilers of Greatbrtain.
BY whom, citizen mini}er, was this fad .
Not by the Pre(ident in his mehage to the Sen
ate announcing The nomination Of Mr. Tay ;
nor by the then Secretary Of State in commu-
ncating 70 Mr.. Fauchet the fubef Of that mil.
! ron. The documents with relpca TO this after
ton have been RAted. and have been fully com
mented on. 1t has been fully demenGrated
that the American government did not fcizc this
location, to practice deception 70 unncccfary,
TO foreign to its well known character, and
which could produce only mitchell to itfelf-
AS you have in no degree weakened the teti-
monywhlcn is relied on as di1apProving the allie
CATION, or produced any fort Of evidence IN
lnPPort OF il, the undersigned cannot but min
gle iome degree of lurPri{e with the regrets they
feel at feeling i repeated, accompanied with
the charge OF that {" Gi(imuation," of which
ali who examine well the conduit of the gov
eminent Of the United ates, will 70 readil,
pronounce it to be incapable. You alfo crm
nate the fccrecy which attended his negotiation
To this complaint, when formerly inG1cd on i
was anlwered, that 70 much Of it as was mate
rial to this republic was Immediately commu
nicated 10 her mini1er and that fhe had M
right to enquire further, or to be dihltished tina
other Objects were not dlclofed That it i
not the Praftice of France, or any other natior
to communicate to Others the particular fnbjef
OF negotiation which may be contemplated, anc
no nation could be independen which admitted
ltteH q be accountable 10 another for the man
ner in which it might Judge proper to regulat,