■AUTHENTIC. Ths SECRETARY of STATF.'s LETTER Of July 2 jd to the BRITISH -MINUTER, [cpitClUD£D.] IN the form of government, Vet pre vailing ui Rhode Island, the larrie par titions between legiflativc, and judicial functions which have been established hy must other of the states, di not ex ill. Hence, as lam informed, the in stances are many in which the afTembly have -fcxercifed judiciary powers, and fubmited recommendations to the courts. It was no violation therefore Qf rule, that they req netted the judge* to confer with the officers. The judges, vt'hen aflfembled were at liberty to consider themfslves, and did conftder thcinfelves, as engaged in judi cial duties. If instead of commanding ftn& process to be executed they em ployed gerfuaiion ; if in the endeaVo.- to reconcile the captain, their sensations gave nerve to their expreflions, are ] these oftenlive transgressions of form ? 1 here vt'ere some complaints, made to the judges, which, I venture to pre sume, were deemed by you too frivolous to be fpecifkd, as such. Yet a general view of the citcuthlfaricea of that day wiH wipe away even these. It was the day, on which the people of the state generally attend the aflelnbly. This gathered into the town of Newport a great number ; 'and, added to the re ' , t,nu of several felloe citizens was at ltakc, brought to the Ipo.t -iin anxious corjCotirfe. The go vernor fay* that it was " too great to be " accommodated br» the itairway or if) " the lobby, attid thai it Ts very natilral . " to t ippoie that there was sortie croud " But «the Bfitifh officers be " ihfi in the front of the croud, he is 4i inclined to believe that they ex-perien ced much less inconvenience than ma " ny of the citizens who were nearer the center-" He cannot admit that this inconvenience, whatsoever it might be, proceeded in any degree from the re ientment of the n labitants, but as cribes it entirely to the hurry of the eccafion. It is however infilled, that the offi cers were " forcibly detained prifonerj " by virtue of the a£t of assembly, urt " t.. the vefTel was fcarched." They had returned into the room, befpre what had palled had been communicated to the aflembly .* they continued in the room, when it was voted that they 'should i emain on fliore. Whether this vote was intended to be mandatory to the oflicers, of to intimate a line of con duit to the judges 5 or whether the of ficers alter it had palled, exprefled a wish to quit the ho:ffe, is immateriah A detention of the officers, according to- the practice recognized in the state, might hare been ordered by the legisla ture or judges. But the vote eonfign ed the i'ubjeft to the judiciary 5 the cap tain and lieutenant were to remain on fliore, n6t nor yet till the " velYel was iearched ; but (fntil an in u veijligation of the complaint should " be had before the Judicial Autho " rity.' y Nor was the fliip feafched. The committee were to go on board, cm con dition that the captain aflented thereto : it was not proposed, that they should go on hoard alone, but in coßTpany vvith the British Vice-Consul; and they were to request of the commanding of-- ficer on board, an examination of the crew. - r WHer> the r»n,3-,n kcaij of the relolution, he agreed, that the geritlt rfrc mptatn gave a fetter j the books aiid lirtt of the nitn were shewn, the people were called up and no decorum was infringed. The 'ole was the eTeft of the captain's ap probation, which was not rendered less valid by his being under the opeiation , of legal authority: the governor in- j foi ms me, that after these things were done", he "conversed freely with the 1 " officers on the fubjeft: that they , " seemed perfectly reconciled .*■ the cap- i " tain observing, that he wished the A- ] " rtiericans would in future take certifi- ( " cates with them : that it was difficult t «to diftinguifli an American from a a •' British seaman: that he had had the o « command of the ship but a very short 1, " time : that the Americans were on C " hoarcl . he'took the command ;tl " and he pleaded that, m exenfe f Jr 1 denying, that he had any oirboarrd." ( vv Under whatsoever aspeCt therefore o this cafe is contemplated ; but efpecjal- hi ly when it ienow notorious, that five- i„ ral American citi/c'ns Wee on board im- ki prejjed; who were within the proteCti- f e an of their country, and might soon tit have been carried oat of it, and com- wi <•» -,v !\ fight again ft thur sacred obli- J atign*. : the u-.paraHti'ud insult fir, js j° f - ir from being proved, that tin- leg'if. ji'ture ai}4 judge* who have been l'eletted U>r condemnation, have aCted upon found principle, the law of Rhode-Il- Luid, and tlie law of nations. 11, Tlit complaint against the FrencK privateers at New-York, which liad illegally fitted oiit in the river Delaware is, that they have not been dii.naitled, e " but have K n;lined during the whole r " v. inter i:i the port of Ncw-Yoik armeil a ' E'id iveie in a condition to proceed im mediately to fen. It is acknowledged, s ' tHut our aiTitrances, in anfweri to your j 1 " rcmoh/t ranees, were ample; but our 'y fulfilment ot tliyfe aflurances is called fli 'd to quellion. The tirft step on oat pan '• was to ifine adequate orders ; the second e » to cause them to be executed. er From the date of the President's Pro clamation to the breaking out of, the uti happy malady in Philadelphia, the Exif [d cntive was almoll daily occupied in ar- corrclpondent with an im 'S partial, conduct. A system of rules wan n - prepared ; and the Governors of'the fe- Ji ' veral ttates were urged molt ftrennonfly 18 in their capacity of commanders rncfiicf rc of the mijitia to fnpprefs all pra&ices, which should violate them. Steady ir* ' e the pursuit of the fame objeCt, in a few e " clays after the formation of thole rules JS the Secretary at war wrote to the Gover a' nor* again ft the fitting out of privateers i y in our ports, in the following words ; le " The Executive, after trying other te <« mcafures in vain to prevent a continu '» ." ance of the pra&ice, finds itfelf at « " length constrained to resort to means c " " mote decisive than have been hitherto v ~ " eftlpluyed. To avoid jherefore a'fur ie " ther infraction of our rights, and a " further commitment of.our peace, the jr -<« PrefKknt of the United States after ,n " triature deliberation has decided that a ' "no armed ve(Tel which has been or lhall d- •• be originally fitted in any port of the e ~ " United States as a crtiifer or privateer, is "by either of the parties at war is to 11 " have asylum in any of the ports of tke a - " United Stares." >5 "I am directed to Inform your excel i* « cency of this decision and to request e» " that in cafe any veflei, within the fore e- " going description, fliould arrive in any f- " port or harbor in the state of le " that you would cause bei to be order " ed to depart immediately, and in cafe S- "of herrefnfal that you would take ef rs " feCtual measures to oblige her to de " part. It is at the fame time the de- J " fire of the President, that force may " not be resorted to until every proper :(1 " effort has been previoufiy made to lc " procure the early departure without / "it." At the close of this letter Le >5 Petit Democrat, 6nd La Carmagnole 0 are «frprefsly named as two of the prf > vateers comprehended in the foregoing f- injunition. a The Collector of the port of New -- York having represented to the Gover- R nor, that these ve.fels were within the ■t harbour, and the former Minister of i- }he French Republic being then in the city of New-York, the Governor states >- to him in writing ; that he thought pro n per to address him on the fubjeci, pre e wous to any other mrafure, from a enn fiderrce that the commanding officers d would receive hi* directions to cariV >- them out immediately. He answered, that the captains had furretidered the C commiflions, constituting those vefTels privateers,and that thereafter tlrey would : be employed as packet boats only, d As soon as the officer* of government h had reaflembfed in November last, it ap y peared, that Governor Clinton had te f- monftrated with the then Minister of e the French Republic upon a military e equipment of La p-^rag no f e ; n t f lc p£jrt - Ihe should not leave the wharf 1 until a faiisfaCtory inquiry should be 1 made. A series of letter* followed from > the Secretary at War, one circular to the Governor of New-York ; requiring ■ that the illicit privateer* should not be 1 permitted to repair in any manner, but ' on tlle condition of their diverting them ■ felvts of all warlike apparatus : that it ■ was short of the objed to withdraw the the commiflions only of Le Petit De mocrat and La Carmagnole : and that it was the conclusive decision of the Prefitlent, that the former 1 should be re duced to her original force, which she bore when captured by the Ambuscade, and the latter be wholly deprived of het offenfive qualities, oi be denied an afy- I lum. On the Bth ultimo, Governor i Clinton- a (lures the Secretary of War, , that soon after the 24th of November, 1 '793> He set out for Albany, from t whence he did not return until the be- 1 grnning of April ? that it was not in f his power to give information concern- 1 mg the vessels from his own aiflual r knowledge during the period of his ah- J fence ; but before he left home Le Pen tit Democrat had departed the porL t. without any augmentation of her mili- p i- tary equipments within his knowledge h that on his return he found both her anc f* Ll Carmagnole in this harbor : that th< :d Confiil of the French Republic affirm >n ed that thev were diverted of their com J- millions as privateers and of their met and military equipments, furrenderec K by the original owners to the French ' then fitted and manned franr re their veflels of war as packets or advici boats, and detained in port for that ier le vice only, without being fuffered tc 'd cruize or engage in any military enter n- | prize. Innocent, however, as the) i,; have been, while they remained idle ir | orders arc again iflutd against the con. ir, I tinuanceof any Undue equipment. i»- | in .the whole tourfc of this procieed Hfc' ing,' we cannot discover the necessity o id ; one exculpatory remark. But why neec | 1 dwell on these minutiae-? How man) a-J veflels, taken by illicit privateers, havt »- j been restored to the belligerent parties e-1 How many of those privateers corn pit r- | led to relinquish their military forcp i n- Can it be accounted for that the Unitec ».i States fliould have a partiality for theft e- two privateers rather than others ? y 111. The ttage, Sir, at which ofn :f correspondence in relation to the em s, bargo has arrived, is, that you abfolvc in our government from an express permif w fron to thejailirlg of the French convoy; ?s but argue an implied one, from the ne r- gleftmg to employ any coercive means, rs The embargo was the creature of our ; own policy ; affecting our citizens, e :r qually with foreigners ; and being thus i- equal to all, we were not restrained by it (he rights of any foreign nation, from is imposing it. o In its execution the means we're the r- fame to all the , world. If they have a happened to be inefficacious with ret ie pest to the veflels of one belligerent par ti:: ty, it was not so intended ; they might it have been also inefficacious with refpeft ill. -to the veflels of another. If the coeicive it means, to which you refer, be Forts or r, a Navy, the insinuation of neglect is o fully answered; because at that time, ie we were not provided with them. If the want of them be the ground of I- your observation, we ate yet to learn, It that it has been customary for one nation e- to complain, that the harbors of another y are not as well defended, or its {hips as numerous, as may accord with its own r- t*igencies. Or can it be supposed (I le confefs 1 cannot fuppole) that you meant f- to convey an idea of impropriety m lay. ing an embargo, until the United States ?- could have secured it against viy'nt -n y without exception of place fusm Wew :r Hnirtpfhire to Ceorgia inclusive ? 0 As on such an oecafion, neglect of it any: fort would be djfapproved by the .e government, the collector of Norfolk I'e has been rrterTGgate*)-; -aoJ it iyTTOt lie i- fitated to state his information without g reserve. He received notice of the em bargo by txprefs on the 30th of March, and immediately acquainted Admiral - Vanftable with it The Admiral sent e an officer to the collcftor to enquire, if whether his fleet, then laying in Hamp e ton road, was considered by him as em :s bargoed. The collector answered, that >- (hips of war were not; and that the Ad " miial "would decide for himfelf with - refpeft to other (hips, by referring to s the resolve itfelf," Whether the Gol y lector imagined, that Hampton road, !, which is a broad water of tpany miles in e length, and many miles in breath, and Is between which and the the Capes of d Virginia, there is no custom-house, was not a port within the conftruftion of t the resolution of embargo; how far >- such an opinion, if entertained, be te nable ; whether the Colfeftoi ought not »ftp have spoken in more deciftv * y to tfie admiral ; and - a dmi- L niU^^K t which the government will aft with fin • centy and faith, in regard both to their 1 own officers and others. But even if ' otir own officers have erred, or have I ; betn negligent, or others (hould have • broken thiough the embargo by force government cannot be involved in fufpi-' cion, when it disavows and inquires, and afiertsits right*. The snow Venus indeed is adduced, as a further example of neglect. These are the facts as transmitted from Gener al Matfhews. She was lying in Nor. torlk harbor, laden with flour for the French government. On the 7th of April admiral Vanftable directed Mt John Cooper to order her and fee her under way, and should she disobey so force her to proceed. Col. Wilson, the commandant of the county of Norfolk having informed the Captain of the Ve- ■ »>ur, that being Under the convoy he ' had a right to : come down and join the ' fleet } MefTrs. White, Whittle, &Co « I her owners, on the 9 th of April made a ' fcpvefcntatron of the cafe to General « Matthefos; laying that they were deter mined to seek redress from another quar- « ', j": Matthews immediately dif- " patched Captain Calvert to Admiral " t: Vanftable, to requefi rcftitution of thi !id Venus, the taking her off being deemei he hv him to be a contravention of the em 71- bargo. Captain Calveit teported, th&i n- the Admiral denied any design to violat< eh the laws of the United States, and de ed fired 'iim to inform General Matthew; :h that the snow (hould he delivered up ai m any time to his order. The ownen ce were then called upon to adopt maafurei rr- for the security of their property* ll to is notorious that the snow remained al :r- Norfolk from the 1 7th or 18th of April, ;y until the month of June was confidera le, bly advanced, and the embargo hac n- expired- From these tranfaftions "ir the onfy port, to which you alluded/' d- together with the cases of the Berry, of and other Vtffi'ds, which 1 jha\e noticed ed slfewhere, " \'ou conceive ymrfelf ful \y "ly juftiiittl iu having adverted to th« ve " condnft which has hterf observed by 5? "this government, or thq officers aft cK " ing under its authority, towards the ; > "powers, combined against France in sd " the .enforcement of the embargo." fe For the government, Sir, I can add nothing, To ttroug (nits import, as the fir language of ail its »ft». As to its offi ri- cers, more cannot be exafled, than what ve is (already undertaken. But what injury if. have the combined powers fullained f; from the Venus ? None. She did not e- fait during the existence of the embargo, s. What from the detention of their vessels r ir If they had any confined in our ports e- w'lofe caigoes were neccflary for the js pmpofes of war, their adversaries had iy probably as many in the fame predica m ment. IV. In your letter of the 226. of ic May, the aggressions cf the state of re Vermont are ("aid to be mircprefled and £. continued. To my inference from your r. fllence for upvi-ards of fiihetien months, it that the original diflfatisfaftion had pro bably eeafed, you repeat upon " Sir re thentic intimation" from Lord Dor )r [cheiler, that the encroachrrtenu had-not is Iceafed ; and you fabjoin that " in the ' cfiUrfe of fifty days" (the interval be jtween yoiu- firft letter to me upon this jf ! hibjeft and my answer) " such evidence 1, ; " might have been obtained from the n " highest public dilthbiity of Vei"mont :r f " (the governor) as would have either is j " confirmed or contradicted the facts n " you had fpecified." This evidence I is now at hand. After acknowledging it my letter to him inclolirtg vouis of the f. 10th of March, he proceeds thus. "The ;s ' " letters you refer me to, written by n ' " ) our predecessor, in- consequence of r- j " coitlplaints exhibited to him by the j " Biitifl'i I'ninifter, urging the prevention if i " of all moverfients, whicli' might tend e ! " to disturb the Itarmony, subsisting be k " tvyeen the United States and Great f. " Britain, I can with truth fay, have it " been llriftly adhired to by the go -- " vernment and the citizens of this state; 1, "in every requ fition.'' His next is an il observation of pointed regret at these it complaints ;'aiid he then goes op thus : ", " Before the reception of the abovemen )- " tioned letters, written by your prede -- " ceflbr, I had forwarded a particular it " flatement with affidavits, relative to 1- " the complaints in said letters exhribit h " ed, directed to the P'refident of the 0 " United States, to wliH-h I beg leave 1- "to refer you ; by whicn flatement a'nd I, '• affidavits is molt manifeftly made to n " appear, that British fubjefts were the d " firft innovators, and that British fub >f " jests h;rd less cause of complaint than s " those of the United States. Nojult if " cause of complaint hath ever come to r "my knowledge, of any abuses done or " committed by any citizens of this or t "the United States, to British frih?eft» i< -- iiifFinguiiciirfc be " " I"g «» P"ee of God and the d «« State in conference whereof and in ie " defence of the public peace the f a -'d i- " four men w.re taken into custody by it " a couftable, and agreeable to the civit y '«laws of this State cotiviaed of break.. d J ing the peace and accordingly it "it is said they were British fubje&j j. " which I am willing to admit—Euj r " that they had any authority as ft,eh :» " from the British nation to bieak the « " peace of this State within the kno Wll i " and acknowledged bound of the fame i- " did' not appear from any credentials *• which they produced nor does it yet if " appear—But the contrary I believe if " to be true, therefore as perfnns under d " the common prateftion of this govern, r " naent they have been holden to respond i, " for their breach of that pretention i- " according to the civil law. 1- " From the above statement it is con .. " ceivedUjit Mr. Hammond's complaint t " of the laid capture before Dutchman's e '' Point is ill founded aftdimioft. Of this " sou may be allured that every attention " hath been paid by me to prevent all • " movements which tend to thwart the' e " friendly negociations now taking place e between the two powers ; and ihave the* t " pleasure to %, that nothiug hath hither r " to trahfpired wherein I can think mv " felf or any of the citizens of this state " culpable. e " And of this you may be further af i 11 fured, that every precaution and means e " within my pow-.r wHI ftitl he used to in e " lure the continuation of all good harmc " ny between citizens of the two govern « ments." e This communicationfrom the Goverm r n of Vermont leaves no room for a commer , on my part; although to contrail it fen teace by sentence, with the repre&ntatiom, which have occasioned- it, wijsdd aSt'ord t < -rcands - more and m(Sre Unking to appro e head, that the Governor-General of Quc bee has been mistaken It is a solution