Third Complaint—The Treaty concluded in November 1794, between the United States and 1 Great Britain. Excepting the fecoad complaint, relative to the attempt of the Eng!i(h (hip Africa to seize Mr. Fauchet an his papers—and the 3d article under the firft complaint relative to the Crinfular conven. tiott, all the charges i„ this summary have been al ready examined, and we think proved to be un founded. As to the Consular Convention, many inconven iences would attend the giving of the Consuls aju rifuiftion to the extent contended for on the part of the French Republic, to be exercised by French Consuls in the United States, and confeqtirnlly by American Consuls in France. The inconveniences arc mnaSfeftly/o great as to require very explicit language in the Convention of the two Nations on this jubjeft, to authorize the conclusion that such an enlarged jurifdiftion was intended. It would beto erect in foreign iountries complete courts of J'jftice, with effe&ual process to compel the ap pearance of parties and witnefles, and to execute their decisions. And a* the tranfaftions ef com merce and navigation could not in the nature of things be confined to the foreigners alone,| the Citi zens of the Country mult often be necessary witnef les to these tranfaftions, and of course rendered a menable tp this foreign jurifliftion in their own cou try : whereat the juridiction demanded is only of French Consuls over French citizens in the Uni ted States ; and reciprocally of American Conluls over the citizc sos the United States in France. From these roi fiderations a p'efumption would a rise, that the ju> if«tifti<in contemplated in the Con sular Convention was to be merely voluntary, but at the fame time txclujive of the Courts of tht Coun try. An examination of the convention we believe will support thia and no other conftrudion. The 12th Article provides that all differences and suits between Frenchmen in the United States, and be tween Citizens of the United States in France, and particularly all disputes between seamen and their Captains, and between Captains of different veffcls •f their nation (hall be determined by the refpeftive Consuls, either by reference to arbitrators, or by a summary judgment an d without co/!s "No officer •' of the Country, Civil or Military ; (hall inter " fere therein, or take any part whatever in the matter."—This last elaufe alone would seem fnffi cient to repel the claim we are considering. Sher iffs, Marshals, and tiieir Deputies tannot aid in the execution of Consular desifions, because they are " Officers of the Country'' expressly forbidden to " take any part in the matter." But was it meant that the laws (hould give Consuls the power to appoint fseh executive officers of their own na tion ? We find no such thing in the Convention On the contrary in the cafe of deserters from vef fcls mentioned in the 9th article, whom the Consuls are authorised to cause to be arrclled, they are ex pressly diretted to apply in writing to the " courts, " Judges and Officers competent" to make the arrells ; meaning the Courts, Judges and Officers of the Country where the Conluls reside. Betides, tf power could be given to Consuls to appoint offi cers to execute their decisions, these officers most of course have their (ees of compensation to be paid by one or ether of the parties : but the 12th Ar tide declares that the Consular judgment (hall be 41 without cotts."—To these observations I sub join the deliberate opinions of two refpeftable law yers, Mr. Harrifon of New-York, and Mr. Brad ford, the late Attorney General of the United States. "'1 have considered the tjth Article of " the Convention between his late most Christian " Majctty and the United States of America, and " also the ait ef Congrcfs conccrm'ng Conluls and " Vise Consuls, so far as it prcfcribes the duty of " Marshals of the United States, and it is my opin " ion that the Marshals are not bound by law to execute any sentence ef a French Confu!, arif 41 ing under the said Article. RICHARD HARRISON, *. Attorney United States, for the New-York " Diftrift. " New-York 6th March 1794.." f I have considered the Convention and aft a " bove referred to, and I p«rfe<ily coincide in the " opinion given by the Attorney of the United " States for the Diftrift ot New York. Wm. BRADFORD." " Philadelphia, 14th March 1794." The other complaint under this oead is, that ] the Judges who are charged (by aft ofCongrefs) ! to ifftie warrants of arrest against deserters from French veffcls have require.! the original ship's roll 1 to prove that the men alleged to have deserted were a part of the Crew ; in contempt of the ytli Arti cle which admits in the tribunals of both Countries copies certified by the Consul. if we look at the gth article of the Consular trea ty we (hall fee that the Cohfuls who demand the Errefts of <lefetters' from veflels of their nation, must prove " by an exhibition of thetegiftcrs of the vef " fcls or ships roll, that those men were" part of " the Crew." It isapparent that the original roll, sind not a copy is here referred to ; nor indeed is the contrary pretended ; but it isfaicTthat the jtfc Ar- ! ticle admits certified Consular copies as evidence in the Courts of both nations. But the sth article appears to have no relation to the fubjeft of the 9th. It ftipufctes that " the Consuls refpeftively shall " have the exclusive right of receiving in their " chancery, er on board of veflels, the declarations 41 and all othet acts which the Captains, Masters, 44 CrewSj Passengers and Merchants of their nation * 4 may choose to make there, even their testaments 44 and their disposals by last will : and the copies " of the said aSs, duly authenticated by the said • 4 Consuls, under the seal ef their Conftilatc, shall 44 receive faith in law, equally as their originals 4! would." The (hip's roll (or (hipping paper) of a veflels ctew is not an aft to be done, before the Consul, but evidence of a private agreement be tween the Captain of a veflfel and his crew; and vhen he alleges that any of them, have deserted, the 9th article requires this original evidence ef the fact to be produced to the Judge as the ground on which he shall issue hie warrant to arrest them. And this is the conftruftion put on this article by the J udgeg; and for ought 1 know, without any diversity of opinion. The difference alleged hy Mr. Fauchet in one of his L-trers to the Secretary of State I have inquired into ; and find he wai under a mistake. Amd the mistake srsfe probably from this circumstance, that whsn from the infor mation of the Confu! there was danger that the deserter would wholly escape unless instantly ap prehended. the Judge hag ifiued his warrant to ar rest and bring before him the alleged deserter ; but whe« brought, that Judge has not committed the Man, or delivered him to the Consul, unless the original toll was produced tp prove him one of the (hip's crew. As to the outrage agaioft Mr. Fauchet by the Africa Man of War, in attempting to fciee him and his papers within the jurifdiftirm of the United States, and Captain Home's insult on their au thority, I do not knew what measures more effica lious could have been taken by the Executive than these which were adopted to obtain fatisfaftion. After waiting a reasonable time for explanations)!) the part of Gapt- Home, and of Mr Moore the Engliih Vice-Consul, and receiving none, the President revoked the Exequatur of the Vice-Con sul, and desired the Governor of Rhode 1(1 nd, where the Africa had been lying to communicate to Captain Home the demand of the President -, That he (hould immediately remove from a ft at ion • within the jurifdiftion 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 (hould be communicated to him, all in tercourse between the United States and his (hip' would be forbidden. I is very true that the Ex equatur of the British Vice-Consul was wilhdfawn expressly for his knowingly tranfmittihg to the Governor of Rhode-Island a moll insulting letter from captain Home: becatife altho'he was on board the Africa when the attempt was madeagainft Mr. Fauchet, the Prefideat had no evidence of his co operation. The Mmifter of the United States in Lor don, was directed to represent to that Court the conduct of capt. Home, and to iemand his exemplary punishment. It was not to be expefteth that he would be judged unheard j and consequent ly much delay muff have ensued. From her liation ontfe coall ttf North Amenca, the Africa went to the Weft Indies. Seeing sometime since by an article in the news-papers that the Africa waß re turning to England, our Minilter in London was reminded of tin's affair, that tlie demand of fatisfac tian might be renewed. [To be concluded in our next. J LANDS FOR SALE. be fold by Public Auction, ®n VVecinefday the ift day of February next, at the Merchant's Coffce-houfe, in the city ef Philadelphia, at 6 o'clock in the evening, sundry Tra<ss of Land, being part of theeftate of Benjamin Town, late of New-Jerlcy, de ceased, viz.— Two trails, one of 315 14 and the other 301 1-4 acres, in the townlhip of Wyoming, county of Nor thumberland, and itate of Pennsylvania, conveyed by deed, dated 17th September, 1782, from Aaron Levy and wife, to benjamin Town. One trail of 3 11 acres, on the dividing of Mahoning and I'lihing creeks, in the county aforefaid, granted to Benjamin own, by warrant, 18th February, 1775. One tratft of 150 acres, near or adjoining the Lit mentioned trail, in the fame county, -ranted to Ben jamin Town, by warrant, ißlh February, r77j. One trait of 300 acres, on a small branch of Jacob's creek, in thecnuntyof IVeftmoreiand, ftateofPenn fylvania, conveyed by deed," dated icth. February, 1781, by William Perry to Benjamin Town. Ten traits of 1000 acres an the waters of Little Kenhawa river and Big Steer creek, in the coun ty of Monnngahalia, state of Virginia, per patent, dated ictn July, 1786. Further particulars and terms of paymeHt will be made known at the time and place of l'ale. JOHN FIKLD, } „ . ' CURTIS CLAY,S Trust "'- Pftiladelphia, January 18, J79F7. . 4t Notice to the Poor. THE Guardians of the Poor will deliver bread to the Poor of the City and Liberties of Philadelphia, on Tuesday the 31ft instant, at Friends' Meet ng-houfe, at the corner of High and Second streets, between the hours of ten and twelve, agreeably to thelaft wills of Jonathan Petty and William Carter, dceeafed. January 28, 1797. Houf' S and Lots for sale, BY the Subscriber, in the town of Well-Chcfier, Chef tcr county, 15 mi.es from Philadelphia, on the gj-eat data-road, leading Weft ward Viz. No. 1. A two ilory Stone House, the cornur of High an Gay streets, 40 feet front by 34 feet deep including a very convenient flcre heufe : theHouft contains ten well finilhed rooms, a kit chen and tentry : thf Lot i> 144 f ee t front on Gay-street, —equal to any fiani! in Wcft-Chefier. No. 1. A two-sto ry (tone houle adjoining. »7 feet front, containing e even will-fii ifhed rooms, toth being ceiled in the garrets, house and lot fame depth >■ the other,, a kitchen, &c.—»cllars under both houses, with good stables ou the lots These House." are almolt new, done by good workmen, in a matterly manner. No. 3. a Lot 41 feet front. No. 4, 34 feet No- j, 44 feet. No. f>, 119 feet, all of them ten r«ds deep. On two of the above are ereited three log and trame houses, two (lories high, cellars under the whole, and a lmall 'table to each -1 he above Lots are situated near the Court-Houfe. The whole will be cxpofed to PUBLIC SALE, 011 the lift and lid days of February next, at two o'cloek, when the con ditions will be made known Pofleflion may be had the firft of April next. The Title is indifputahle. ■ JOHN KINNARD. January 18 Mrs. Grattan Rolpeflfully informs the Ladies and Gentlemen of the City, that the third LADIES' CONCERT Will be on Tuelday next, at the Aflembly Room. Mrs. Grattan begs leave to inform the Ladies and Gentlemen, th t the fubfcnption-book.is at her house No 39, North Sixth-direct, for the reception of tliofe names who wifli to honor her with their commands.— A luhfeription for eight nights 16 dollars, iaobding a Gfotlernan and Lady's ticket, both taansit^rable— J Half fubfenptions 8 dollars, including one titket. — Single ticket dollars. Mrs. Grattan take* the liberty of requesting the fubferibers (o lend for their tickets any day after Thurfilay, the 15th of December, at No. 39, North , Sixth-street. gp Single tickets to be hid the day of the Concert only, at the Bar of Mr. Qellers's Hotel. *4-* The Concert to begin at half past fix ; and at half past eight, the music will attend for the Ball. i January it , II Philadelphia. i SATURDAY EVENING, JANUARY 28, 1797. THEATRTCAL. The attention of the managers of the New Theatre has, with great judgment, been turned to the celebrated fpeftacle of Columbus, and the friends of the drama may, with truth, anticipate the highcft gratification : from its representation. The abilities of the painter and machinifl have been driven to the?;/ plus ultra of : their refpeftivc employments, to furnilh the (uitable appendages. The masterly pencil of Milbourne has been long and fufficiently engaged in producing the mod grand and piilureique scenery ever exhibited on this, and perhaps any other Theatre. At a stated meeting of the American Philosophical So ciety, held on the joth inft. the following gentlemen were elefled members: vix. Thomas O. James, M. D. ef Philadelphia, Adam Seybcrt, M. D.of ditto, Andrew Edward Van Braam Houchgruft (now of Bristol, Pennsylvania) formerly prefiderit of thefociety of Haerlem, in Holland, author of the travels of the Dutch cmbafly to China, and member oi that embassy. Mozaral, consul for the French republic, at Bollon, member of several academies in Europe. Mr.Samuel H Smith, printer of the paper tilled the l " New World", in Philadelphia. M. Volney, author of the Ruins of Empires, with several other works, and profeflbr of the French aa ! tiona] institute. ExtraiSl from the minute , Samuel Maga<w, one of the Seorttaries. Boston, January 18. Arrived fcip Britannia, Beat, Kochelle, 70 days. Spoke nothing. Left a schooner belonging to Ply mouth. Among the other papers was a Rochelle Price Cnrrcnt of No. 5. from which the Price of the fol lowing Articles is exlra&ed. Brandy (old) 2801. 27 velts ; New do. Z3O ad. 240. Red Wine, 240 a 2451. ton ; Old White Wine, 220 a 2J®l. Coffee 27 a 4®/ lb. Indigo. Caro. 151.1b. Clayed Sugar, 100 a 1401. C; Co coa farce, 34/ a 38/. lb. Cotton, 200 a 35a!. Pr C. New Rice, 23 a 251. C. Tebacco 84 a 951. Mandates at 3 livres 15 sous, LONDON, November 14. The expedition which has been sent to Flushing, fail ed a few days since from the Texel, under the com mand of major Doyle and captain O/burne, by whom it is said to have been planned. It was conduced with great secrecy, but it has not proved fuccefsful. The i'quadroß consisted of the Robust and Ramillies men of war, besides several gun-boats and sire-ships, and had 1 joc land troops on board. The object was to frt fire to the shipping in the Texel; but on reconnoitring the harbour, a council of war was summoned, when it was resolved that the expedition was impracticable. GIBRAL TAR, Ottober 15. SEtRETARY's OmCE. As continuance of a number of merchant's vcflels in this port, would be attended with the mod lerious evils, at a time when they cannot be tupplied from the gart ifon with provifi»«, waver, or firing, and wfien there is a greater probability ef their being set on fire by the etumy than tfcaping, and as the present favorable opportunity of their being protected through the ttreights by.admiral Matin's squadron, who will possibly give them fafe convoy to Lifb#n, is an advantage not likely to hap pen again in 3 time, and as these vcflVls, bring either set on lire or droye on shore, (a casual ty to which they would be very liable where they now anchor) might be prejudicial to the fafety of the place : under these circumstances, I think i neeeffary to give dire&ions to every Btitifh veflcl, new is tlie place, to hold themselves in readiness tof 00 the signal from Admiral Mann. In confe querice of disobedience, or negleil of this order, they will be anfwe able for the conferences. This will be publicly,lead by the L'eretary, and recorded in his office. CHAS. O'HARA. By this day's Mail. j NEW-YORK, January 27. The brig Enterprize, Fitzpatrick, from this port bound to Martinique, sprung a leak 24 hours after her departure fiom the Hook, and went down. The crew, after remaining 24 hours in their boats, were take* up .by captain Conklin, of the brig Jemima and Falany, to whose humanity they are indebted tor every possible attention, during their stay on board his veflel. BALTIMORE, January 26. Lift of American vefiels left at Jacmcl December 26, t796. Brigs Fanny, Hopkins, Baltimore ; Sally Cufh-. man, do. Fell's Point, Creightan, do. Schooners./ Telgraph, Gold, do. Perseverance, Purviance,|do. Berfey Loyd, Allinfon, da. Brig Minerva, Brown, Newburyport ; schooners Hope, Butler, Charles ton ; Friendship, Monteith, Philadelphia ; Mars, Rider, Boston • Mary, Rich, do. Snccefs, Price, da. Sally, Rumfey, Wilmington, (Del.) Schooner Peggy, captain Gorfueh, of Balti more, was also lying at Jacmel, and would fail next day. Schooner Adeline, captain Stanley, of Balti more, had failed 6 days before to windward, to putchafe coffee. Dec. 31, fell in-with the schooner Rachel, capt. Fruitt, and parted from her on the 7th Ja uary, lat. all well, except the loss of two hands, one by the other by imprefTment". Flout- at Jackmel 11 dolls.—Coffee, 29 sols. On Tuesday arrived at Ahnapalis, fliip Ant&any Mangin, Cap*. Sanford from Bremen. Left the Wefer the ill December, and arrived in Hampton Roads the 17th iytt.—Bale goods—A. Brown jun. Capt. Sanford has arrived in town with his Letter Bag, brings, he fays, no intelligence from the continent worthyof remark. CHARLESTON, Jan. 6. / Capt. Smith in the fliip Ga:far, from the Cape of Good Hope, on his passage here touched at the island of Ascension, where .the following intelli gence was communicated to him in writing : "All the settlements of the Dntch in India, ate given up to the Euglifh, as well on the East as on she Wert fide, except Macctffcr and the island «f Java. That Banda wa« given tip was the lafl news we heard before we left Batavia, which was on the 13th of June 1796. The inhabitants of Batavia expected the Eniilifh at the island of Java in the month of August. L'he teprefentative of the prince of Orange, who in that eliara&tr has the chief command of the Dutch settlements ir. India, was informed by the Englifli when t_hey went thr«-the ftraiti of Balic to the Molucca islands, that they would visit Java at that time. This gives great uneasiness to the iohabitanrs. The old general and his son, the dire&or, were busy in making prepa rations to receive them. The faldiers who former ly wore a blue uniform with white lappels a,ul * white feather; were a few d iys Uffore. our depar ture drefled in blue and orange, and wore an o range coloured feather. " The sjovernor of Malacca fold 200 Sepoys and 180 Hanoverians together with two frigates, to clear himfelf of a debt he owed of 200,000 rix dollars. In the Molucca Islands every thirg is car ried on in th« fame way, owing to the conduct of the Hew governor of Amboyna, Mr. Cornabe, wh® was formerly at Tinnate. " The representative of the Prince ef Orange, who commands a great parcel of rascals and vaga. hands, principally great ones, intends to call upon the gentlemen in the service of the company to de liver up to the EiijJifh too millions of Dutch mo ney, whieh will berated at 150 millions; tl.ey will have a particular interest in doing this, as ir will be the means of clearing them from the bankruptcy they are in to their malleis y. Vav Kol, Citizen of Rotterdam in Holland. Island Ascension, 16th Btpt. 1796" - ■ . " ' ——T- — -ffT Sccoiid Ball. New Cotiliens, Scotch Keels, Contre Dances and a new Quadrille. FRANCIS BTR .E beg leave to inform their scholars, friends and the public in genera!, that their second Ballfrr rhisfeafon will he on 7'ucfday the 7th of February, at O'Ellers's Afiembly-Room,— and in addition to their new Cotilinns and Reels, will be introduced an entire new QUADRILLE, (comrof ed by Mr. Byrne. January 28 iawtp7 « For Sale, At the Office of the Editor of the Gazette of the United States, A few copies OF " An account ot the Receipts and Expenditures of the United States, for the year 1795." January 28, 1797. New I heatre. ON MONDAY EVENING. Will be prefemed, the Hidorical Play of Columbus; Or, A WORLD DI-COVERED. To which will be added, the rouGoal drama of The Purse. On menday—Venicc Preferr'd, and the Flitch of iiacoß. Box, One Dollar twenijr-five cents. Pit one Dollar. And Gailery, half a dollar. £jT Tickets to be hod at H. &P. Kice's rtook-ftore No. 5e High-street, and at the Office adjoining the Theatre. Ladies and Gentlemen are requested to fend their lervants to keep places a quarter before 5 o'clock, and to order thein, as soon as the company are'featid, to withdraw, as they cawoot on any account be permit ted to remain. rir T R FSPUBI. C/t) College-Hall. Readings and Recitations, Moral, Critical, and Entertaining. Mr. FENNEL L Refpeflfully informs the Public, that THIS EVENING, Saturday, Jan. 18/ at 7 o'clock, Will be delivered, The Progress and Effects of Revenge and Jealousy, traeed and exemplified in the chara&ers of Zanga and Othello, with recitations of the most striking paflages in each. Tickets to be had of Mr. Poulfon, jus. at the Library ; at rnr. M'ElWee's looking-glass-store, No. 70, S. Fourth! (Ireet; and at Mr. Carey's, Bookfeiler, Market-street Half a dollar each. SWAN N'S ~~~ Riding School, Horse Academy £5* Infirmary, Adjoining the fublic Square, Market Street. T. SWANN RETURNS his fineere thanks to; ofe gentlemen by whom he lias been employed, during his refidniCv 10 thi., City, and flatters himfelt that the success ot his efforts, in the numerous, obstinate and dangerous diseases in Horses, in which he has been confuTted, together with his moderate charges, wilj'fe ure their futurefavjrs and recommendation. He now begs leave to inform them and the public at large thathis spacious and cbmmodious prenjifes, eretted for the purposes above described are open for the reception ot pupils of either sex, who wilhto beinftru£ted in the Art ~) Kidmg, and the light method of governing their horses, so as to rrde them With eale, elegance, and lafety—their nodes will be carefully and expediuoufly broke, for every uuroofe, and made obedient tot he will of the riders ; the natural power* whicn are shut upio them, will be unfolded bv art, ca ling forth uniformity ot motion, and giving to that noble animal all 1 hole beauties of action which providence has lo bounti fully neftowed on them. Also, at his hospital, every dilor - er to which the horse it liable will be treated according to the rules of art, confirmed by lsngand repeated experience. . Th« utility of the.above inllitution has neves been qoeflion ed, that 11 has long been wanted in this city, every gentleman'* llud willmanifeft, and T. Sw a kn as the fiift eftablifher of the veterinary ait, solicits a*d relies UDon the fuppoit of ibat public (which he is ever anxious in Iciving) to enable him to bring it to petfeftion. The iiiea of a fublcription for fhat purpose has been hinted by several gentleman, who with 10 promote the institution—the amount of each fubfcripi ion to be returned by services in any of the departments he protefles, agreeable to the rate of charges Ita'-d in his nand bn sacti fubfeription is now open, and the figr.atures of man-, >e:p.st able gentlemen already obtained. He therdore injorms hit fnerids and furh Ladies and gentlemen to whom he hat not the honor of being known, that he thai! in a few take the liberty of waiting upon them and folickmg their lupport and pvot<=&ior>. N B. Horses are properly prepared for those Ladies and Gentlemenwho with to be inftrufled. Nov. 4,- „h&f,
Significant historical Pennsylvania newspapers