■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<n if "iade territories, or
<( J i nTn]7cHon», which British fubjefts
1 have ever made any serious pretenti
- " ons to in t his quarter," after a remark,
r relating to those, who pretend «' per
¥ g"evances" and a suspicion,
' ' hat th . c Ctuation of the Br tifh trarri
: sons within the United States is not Ke
, nerally underltood at a diflance.
rhe remaining pa%e S of his letter
aie the followrng, " Therefore in or
der to underfland the force of the!
" ''t is necessary to premise
" Jut; 1 ?,?"'® now
i( c 'tabljfhed Within the limits of Ver
*' mont is at a pLee called Dutchman's
omt, composed of only about twelve '
' men situate on the north end of the j
north Hero twelve miles south of the
latitude une—This garrison does not I
pretend to hold or keep jurifdiftion
ovei a "7 land Within this state other
than a few acres on which their gar
.« n :V S ' tl,attti — A "d indeed citizens
of th, s State are let tied quite in the ,
! neighborhood of the said garrison on ,
e\ery direction, and they are intimate J
witn each other without any difficulty
to my knowledge. J
«< of she ,raft ° f i
led Caldwell s manor,wliich lies within }
the bounds of this State hath long '
bten chartered as a towo by the li
he «« name of Albnrgh—And the int lab ;
ed " tants thereof are incorporated a«-; •"
n- '■ zens with all the privilege, of
St " towns within this State and hav t ] 0
te •' since been in the peaceable poffeffinf
e- »of the fame. Y/ith regard to t k
vs " recent inftartce of misdemeanor com
at " mitted on the officers of the crown hv
rs •' the capture of a small party (f a ; d ,
« <« be made) on British (übjeasin pu-fuk
It "of a deserter before Dutchman's p 0 j~
at «as complained of by Mr. Hammer d
il, " The circumitances which prebaM,
a- ■« gave rife to the afTertion arc asf J
id « lows, to wit ; four men armed and in
in " the common dress of citizens of th. - .
" State appeared sometime la It Wint
y, "in the town of Sheldon all*, Hun®.,
:d - ford, «!thirt this State (a place aWuC
.1- «20 miles distant from any p la Ce ev '
is « known or pretended to be claimed V
■y " Bnt,fh in difturtance Jf
t- •« the peace—there made a violem f
le '« fault on the body 0 f or , e j ohr M
in " All, an mhabitant of that town an d
" " thcn b «>"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 <f
. the nineteen months silence. I consign it,
' without dilating on it, to yous own judg
ment. But, Sir, on closing this letter, the
C origin and progress of our controversy force
: themselVes upon the mind. It has not
I- been oilr faffiion to trouble his Britannic
MajeiYy's ministry, nor yet his minillei
r here, with every trivial circumstance of
0 difconteut; but when an officer, difiinguifh
ed as Lord Dorchester is, and frefh front
he Counfcls of his King, attempted toroufe
c the Savages against us; when in a short
e time afterwards, the Governor of Upper
d Canada was reported and believed to have
■j invaded our territory—-we felt, we requir-*
e ed explanations in- the style of an injured
_ people. Our right thus to inquire
queltioned; but the speech of I-ord Do.'J
chester was not denied, nor the invasion of
Governor Simcoe, farther than that it
3 was not known to have " actually occur
r red. 1 ' We rely on the expectation of
r learning, Sir, through you, the truth of
9 thife matter ; hvt *- 1 -■'1 , * ■* I"- nut in
- is truly painful, since we have
t j" It received intelligence, that " the pift
" taken by Govenior Simcceat therapids
of the Miami is yet polTeffedby two
■' companies which it is said, are im
' " mediately to be reinforced byfometroops
• " from Niagara."
Although the outlines only of charges
against us were drawn, to be filled up in
due season, yet we, demonstrating onr
love of peace and flrengthened by th?
j confcioufiiefs of an honor, -vhioh in the
| observance of impartiality, has never been
j furpafled by any nation upon earth ; have
not scrupled to enter into an immediate,
aftfwer. Inftcad of wilhing to outweigh
your remonstrances by a comparison with
the magnitude of ours ; with the excite
ment ot the Indians, the seizure of pur
. lands, and the catalogue of diftrefc, which
j spoliation and vexation have brought upon
1 our merchants and hufbandnacn; we
j have laid them aside, to co»front accufati
j ons, which you yo\irfelf in your letter of
the 7th of June denominate " merely col
lateral." In what they have terminated,
It is not for me to judge. But had they re
mained, not diminished in the degree in
which they were fii ft fated, the ardor for
*" ar ni'-'ft have been violent indeed if fhefe
circumftaxices could have canfed it to burst
forth,
bir. It if a duty confirmed by the in
ilrucStiow under which I ait, to cultivate
peao£ wkh all nations ; It is a duty which
I never have forgotten. I trust therefore,
tliat notwithstanding those conclusions,
Mfiich may be made, fromfome remarks per
«iaps unintentionally escaping in your cor-