By Authority.
ORDINANCE,
RESPECTING LIBERTY TO TRADE WITH THE SOUTH
• ERN PART OF ST. DOMINGO.
NINTrfOF MAY, 1789.
Ext raft from the Regijlers oj the Superior Council oj Sti Domingo.
THE tour which the Governor General has lately mride to
the southern parts, has enabled him to judge personally of the si
tuation to which they arc reduced, as well as of the only efficaci
ous means to raise them to that degree of splendor they are sus
ceptible of. He has observed, that the bounty of two hundred
livres, granted by the Arret of the King's Council of State, dated
the 25th of September, one thousand, fcvcn hundred and eighty
fix, which expires the ill of Angufl next, for every negro that is
imported, so iar from becoming a means of encouragement, has
fcarc.ely fufficed to replace the annual deficiencies by sickness and
desertion ; and has not given that activity to the commercial spe
culations of France, that was cxpe£led. That this trade requires
the cargoes to be rigorously paid for in money, or to fell them from
twenty-five to thirty ptr cent. dearer, if they are paid for with
produce, and that by continuing the excluiive privilege of the
southern parts, they will be always in a langui filing fituacion,
without circulating money, and will never be able to derive from
themselves the riches they pofTcfs.
That on the other hand, this quarter which is as fine as the
northern and western, only requires in order to become as fruitful,
a degree of flrength which it now wants ; That by encreafing the
number of nezjoes by importation,- the land will become as pro
ductive as the other quarters ; that the King will derive a consi
derable sum by the duties which will be levied on the articles
>mported and exported, and the inhabitants will encreafe their
fortunes, and will extricate themselves from their unfortunate situ
ation, and at the fame time acquireeafe and tranquility : That the
National commeice will be enabled hereafter to extend itfelf in this
quarter and reimburse itfelf the sums which may be due to it.
On mature rcfle&ion of all thefc considerations, the unanimous
•wilhof the inhabitants for a free importation of negroes, the per
fe£l confidence we have, that it will produce the bell effects, and
that the commerce of France will only cease its operations for a
time, in order to derive hereafter greater activity and conliftency,
and that the southern part will produce within itfelf immenlc
riches, from which the King, the inhabitants, and commerce will
derive the greatest advantages ; We the General and Intendant,
by virtue of the powers entrufled to us, and with His Majesty's
good plcafure, have provisionally enabled and ordained, and we
do enadt and ordain, as follows, viz.
ARTICLE I.
Reckoning from the ill of Augull, 1789, to the lft of August,
1794, foreign vefTels of 60 tons burthen and upwards, shall be ad
mitted into the ports of Jeremie, les Cayes, and Jacmel, with ne
groes, flour, lumber of all forts, sea-coal, live Hock of all kinds,
fait provilions, of beef, pork, codfifh, and other fifh, rice, indian
corn, vegetables, hides, and tanned leather, furs, rosin, pitch and
tar—and may discharge and fell said merchandize.
11.
All the Southern quarter shall benefit from the importation of
licgroes, and the other articles set forth in the preceding article, as
far as and comprehending St. Michael dufond des Negres, Aquin,
J3aynet, Jacmel, and des Cayes de Jacmel. The inhabitants of the
aforcfaid five parishes, as well as those of the parishes of Ame-a-
Veau, Petit Iron des Baradaires. Jeremie, Cape Dame Marie, Tibu
xon, des Cotteaux, Torbek, des Cayes, Cavaillon, and St. Louis,
may furnifh themselves with negroes, and other commodities,
mentioned in the ifl article, which shall arrive in the three ports
of entry, Jeremie, des Caves, and Jacmel, provided they conform
to the regulations of the present Ordinance with refpeft to trans
porting negroes to the other quarters, and under the penalties
therein contained, mention of which will be made hereafter.
111.
French merchants and owners of vefTels, whether belonging to
the kingdom 01 to the French Iflunds and Colonies, who shall be
inclined to import the commodities pointed out in the lft article,
shall be likcwife admitted.
IV.
The payment for negroes and other commodities which shall
be fold by foreigners, to the inhabitants of the southern quarter,
comprehended within the line of demarcation, may be made in
fagar, or other produce of the colony.
V.
All merchandize, whose importation and exportation are per
mitted to foreigners by the ill and 4th articles in ;he aforefaid
three ports of entry, shall be fubje£l to the eilablifhed local duties,
and shall pay moreover one pr. cent, of their value, excepting ne
groes which shall not pay this lafl duty of one pr. cent, and except
ing also the duty of entry 011 cod fifh and fait fifh, which shall be
reduced to three livres pr. quintal.
VI.
Foreign vessels shall pay for the whole duty of entry into the
said ports, forty-five livres for every negro they shall import.
VII.
Foreign vefTels shall be fubjeft to the payment of the western
duty for the merchandizes they shall export from the ports men
tioned in the feconvl article, and such as the French vessels pay in
Francq, for the colonial produce they import there.
VIII.
Every foreign vefTel going out from thethree ports of entry with
out having paid the duties above mentioned in the three preceding
articles, and which fhalj be taken by His Majefty'sveffels, or others
commifiioned for that purpose, shall be conducted to one of the
ports of the Admiralty, to be there impeached and condemned to
confifcation and a fine of three thousand -i\res tournois.
IX.
French vefTels, whether belonging to the kingdom or to French
ifLnds and colonies, shall pay for the importation and exportation
of the merchandizes mentioned in the firfl article, the eilablifhed
local duties. They shall pay 110 duty of entry soT negroes nor the
\Veflern duty which they are fubje6t to pay in Europe.
X.
Every foreign vefTel detested in landing negroes and other com
modities, in other placcs of the colony thanthofe defeated in the
:ft article, shall be confifcated and condemned in a fine of ten
thousand livres colony money.
XI.
Jn order to secure the effed of the fines mentioned in the Bth
and 10th articles, every captain of a foreign vefTel shall be bound
to have a French correspondent at his arrival in one of the ports of
entry defeated in the ift article, who shall be obliged to give
bond for this purpose, which bond lhall be fully cancelled one
month after the failing of the vefTel from the port where it shall
have been given.
XII.
Every negro imported belonging to foreign vefTels, and who
shall be taken beyond the limits eilablifhed by the 2d article, shall
be confifcated to the King's use : For this purpose the captains of
foreign vessels shall be obliged, within ten days, reckonmg from
the day of their ariival in one of the ports of entry, to brand all the
negroes of their cargo with the three legible letters J. P. S. and if
the said negroes are not branded within that time they shall like
wise be confifcated to the King's use.
XIII.
Every imported negro who lhall be found without the limits
eilablifhed by the 2d article, among the inhabitants other than
those mentioned 111 the said article, shall be confifcated to the uft
of the King, and the proprietor condemned (par corps) in a fine of
fifteen hundred livres, to be applied to the hospitals de la Provi
dence, ot Port-au-Pi uce and the Cape.
XIV.
Every foreign vcflel which arrives at one of the three ports ol
entry may depart before the expiration of eight days, with new
commilfions tor another of the aforefaid ports defoliated in th<
present Ordinance.
XV.
There shall be established in each of the said ports of entry s
fufficient number oi cominiflioners to receive the declarations ol
cargoes, which {hall be made by the captains, which declarations
jhey {hall register in a book kept for that purpose. They flial]
superintend moreover the execution of the provisions of the 51)1.
6th. 7th. and 12th. articles, and lhall deliver no permit for failing
from the port until they are alfured that they will be fulfilled.
XVI.
Captains of foreign vessels, besides the declarations they {hall
make to the commillioners of the offices of entry, {hall hkewife
make them to the secretary of the admiralty; they shall fulfill
moreover all the formalities of the Ordinance, and lhall ihow then
bills of loading and chatter parties.
XVII.
The proceeds of the fines andconfilcations mentioned in the Bih
and 10th articles {hall be attributed, one moiety to the Kin-*, and
one moiety to the commiUioner who lhall have occasioned the
seizure, it the ti anfgreflion happens 111 the ports of entry. On the
contrary, if the vessels taken in the fraud lhall have been seized by
His Majesty's ships and velfels, the whole of the said proceeds {hail
belong to the commander, chief officer and crew that are. captors,
saving the dedufchoft in all cafcs of the cxpences of justice, admi
rals dnties, and the invalids. In cafe of informers, one third of the
fame proceeds lhall be given to them.
XVIII.
We expressly prohibit and forbid all French belonging to the
leeward islands lending their names to make foreign Vessels pre
tended French bottoms, under penalty of a fine of three thouund
livres, to be applied to the hospitals de la Providence in Port-au-
Prince and the Cape, without prejudicing the confifcatiou of said
vcflel ordained by the different regulations patted with refpeft to
navigation. We enjoin the attornies of His Majesty and the Ad
miralty jurisdidions to prosecute with all diligence such as con
travene this article, under penalty of being answerable themselves
XIX.
The provisions of the letters patent of the month of O&ober
1787, and the lubfequent Ordinances and regulations refpefting
foreign commerce inthe French islands and colonies, lhall be more
over executed, as far as they do not interfere with the present Or
dinance, which lhallberegifttred in the intendant'soffice, printed,
publilhed, and posted wherever it shall be neceflary.
We itqueft the officers of the Superior council of St. Domingo
likewifeto regiiler it in then office, to print and poll it wherever
it may be necessary; and we command all thole within their jurit
di£tion to aflilt in its execution.
Given at Port-au-Prince, nnder the Sealoj our Arms, and the
counterfgn ofour Secretary, the gth of May, 1789.
DUCHILLEAU.
By the General.
(sicned.) BONHOMME.
REGISTERED m the ojficc of the Intertdance o}the French Ame
rican Leeward ljlands> at Poruau-Prince, the 9 th of May, 1789.
t (signed.) SENTOUT.
The present ORDINANCE has been regiftcred in the office
of the Superior Council of St. Dommgo, and tlierequeft being heard
that it Ihould be executed agreeable to its form and tenor, print
ed, publilhed and posted wherever it may be necessary, and copies
thereof, compared with the present, fern to the fenelchals and ad
miralsjurifdi&ions, to be there likewise read, publilhed, register
ed and posted, the King's Attorney General enjoins his deputies
to aflift therein, and certify the fame to the Court agreeable to the
Arret of this date.
Done at Poit-au-Prince, in Council, the nth of May, 1789.
(signed,) BON VALET.
Faithfully tiavjfratii from the ?
Original, by John Pi ntard. £
SKETCH OF PROCEEDINGS OF CONGRESS.
hi the HOUSE of REPRESENTATIVES of the
UNITED STAiES.
WEDNESDAY, JULY 22.
MR. BURKE, of the committee appointed for
that purpol'e, pi efenteda bill for allowing a com
pensation to The President, and The Vice-Presi
dent of the United States—which was read.
In committee of the whole.
The bill providing for the settlement of ac
counts between the United States and individual
States was difcufled—the committee then rose,
and the chairman reported, that the committee
had gone through the discussion of the bill, with
out making any amendments. It was then moved
that the committee be discharged from any fur
ther consideration of said bill—and that it be re
ferred to a feledl committee—this palled in the
affirmative, and Meflis Sturges, Baldwin, and Smith,
(S. C.) appointed.
The petition of Hannah Adams, ofMaflachu
fetts, was introduced by Mr. Ames, stating that
she had published a work entitled an Alphabetical
Compendium of the various religious feifts which
have appeared in the world ; and was now engaged
in preparing a second edition for the prels^; for
which she prayed the benefit of an art of Congress
to fecureto her the profits of the fame, agreeably
to the Constitution—laid on the table.
The Houi'e then, on motion of Mr. Scot, refol
yed itfelf into a committee of the whole, to take
into consideration certain resolves, refpeiting the
Western territory-and after some conversion
the following, in substance, were agreed to, viz.
r R j f^ d ' aS the fenre ot tJl is committee, that a
Land-Office oughtto be established, for the faleof
vacant and unappropriated lands in the Western
territory.
That the laid office beunder the superintendence
of the Governor of the Western territory for the
time being—that the lands to be fold be contain
ed within the rol lowing limits, viz.
That the tradts and parcels to be disposed of
jliall not exceed acres.
That the price to be required shall be
acre. 1 '
r -T' lat v Ve " y i Ps; f ° n actually fettled within the
hmits ftali bc entitled to the pre-emption of
a quantity, not exceeding acres, inclu T
ing his settlement.
A committee, conlifting ofMr. Scot, Mr. Syhcl'ir
and Mr. Moure was then appointed to brine iu 1
bill or bills, agreeably to the laid resolutions
Mr. Carrol moved that tlie report of the com.
mittee 011 the enrollment, attestation, public?!
tion, and preservation of the acts of Conirn'r
fhould be taken up.
I This motion was fuperceded by Mr. Vining'
| giving notice that lie should 011 10 morrow move
tor the house to go into acommitteeofthe whole
011 the state of the Union, to take into considera
tion the establishing an executive department t 9
be denominated the Domestic Department. Thi
fubjert, he observed, is connected with the obiea
of the gentleman's motion—as this eltablilhmeiit
will provide a proper repository for the records
of the Legislature, and other parts of the report
maybe included in the provision.
Mr. Vining also moved, that The Prelident be
requested and authorised to provide a greater and
leflerfeal, with proper devices, for the use of the
United States.
This occasioned some conversation: Itwasfaid
that a Great Seal for the United States is already
provided, and the neceUity of a leller seal is a mat
ter of doubt—No deciixou took place upon the
motion—and it accordingly was laid upon the ta
We.
Mr. Benson introduced arefolutionfor theap
pointment of a committee, to bring in a bill to
prescribe the forms of commiflions, to be granted
to the officers of the United States—laid°on the
table. Adjourned.
THURSDAY, JULY 2J.
Mr. Patridge of the committee appointed to
wait 011 The President, and present the en
rolled bill for establishing an executive depart
ment, to be denominated the department of fo
reign affairs, reported that said committee had
attended that service.
The bill for allowing a compensation to The
President and Vi ce-President of the United
States, for their services, was read afecond time,
and palled to be engrofled for a third reading
to-morrow.
The committee on the memorial of Andrew
Ellicott, presented a second report, which was
read and laid on the table.
On motion of Mr. White—
Resolved, that a committee be appointed to ex
amine into the meafurcs taken by Congrel's, and
the State of Virginia, refpeding the lands reser
ved for the use of the officers and soldiers of the
said State, 011 Continental and State establishments
in the ceflion made by the said State to the Uni
ted States, of the territory north-weft of the Ri
ver Ohio, and to report the fame to this House.
—Committee appointed—Mr. White, Mr.P.Muh
lenbtrg, Mr. Seney.
On motion, of Mr. Vining the House went in
to a committee of the whole—
Mr. Boudinot in the chair.
Mr. Vining then introduced the fubjed: of the
domestic department, by proposing a resolution
in substance as follows : t
Rtfoived,. as the sense of this committee, That
an executive department ought to be eftablilhed,
to be denominated the Home Department—the
head of which to be called the Secretary of the
United States for the Home Department —whole
duties shall be, to correspond with the several
States, and fee to the execution of the laws of
the Union—to keep the great seal, and affix the
fame to all public papers when neceilary—to keep
the lefier seal, and to affix it to commiflions, &c.
to make out commiflions and enregifterthefaule ;
—to keep authentic copies of all public acts, and
transmit the fame to the several States—to pro
cure the a<fis of the several States, and report on
the fame, when contrary to the laws of the Uni
ted States—to take into his custody the archives of
the late Congress—to report to The President
of the United States, plans to promote manufac
tures, agriculture, and commerce —to keep a geo
graphical account of the several States, their
rivers, towns, roads, and to report what post
roads lhall be established, &c.—to receive and re
cord the ccnfus —to receive reports refpetfting the
western territory—to receive the models and spe
cimens presented by inventois and authors— to
enter all books for which patents are granted—
to iilue patents, &:c. —and in general to do, and
attend to, all fucli matters and things, as he nW)
be directed to by The President.
This resolution was warmly oppofed,by ?.lefli s.
White, Benson, Sedgwick, Gerry, Hun
tington, Sherman, and others. . 1 1
The several duties fpecified, were particular J
refered to, and it was observed, that they wouW
very properly come within the limits of the great
branches of the legislature, or of thoie execu
tive departments already eftablifhed —that foine
of the objects were not eflential —It was urge,
that there are offices enough already eflablilie
that the people are viewing the proceedings 0
Congress with attentive folickude —that if " ,e )
observe offices created, for which tiere is n ®. 11,1
mediate necessity, and for the support of wine
the money niuft be extracted from their
earnings, they will be apt to withdraw then r