Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, August 28, 1795, Image 3
iiibiuv., may freely, for the purposes of commerce,, carried into the lame in the manner aforcfaid by the citizens of the United States; and such goods and merchandize (hall be fubjeft to no higher or other duties than would be payable by his majclly's fubjefU on the importation of the fame from Eu rope into the said territories : and in like manner, all goods and merchandize, whose importation into the United States (hall not be wholly prohibited, m iy freely, for the pui poles of comraeree, be car ried into the fame in the manner aiorcfaid, fuhjeft to no higher or other duties than wosld be pava ■ble by tiie citizens of the United States, on the im portation of the fume in Americen veflels 'into the Atlantic porta of the said States : and all goods not prohibited to be exported from the said terri tories refpettively, may, in liiie manner, be carried but of the fame by the two parties, respectively paying duty as aforefnid." The words " in the manner aforefaid," occur t\vi-:e.i>i these clauses, and th -ir equivalent, " in " like ma iner" o ice. What is the meaning of this So often repeated phrase ? It cannot be pre sumed that it would have been inserted so frequent ly without having to perrorm some office of eonfe q.«*n::e. I anhver, that it it evidently the substi tute for these other words as the main provitioa, " by land and inland navigation." This i 3 " the' manner aforefaid th : 3 is the channel, through which floods and merchandizes pafiing, would be fubjeft to no other or higher duties than would be payable in the British territories by Britilh fubjedts, if Imported trotn Eiyope, in the territories of the United States; by citizens of the United States, if brought by American vtiTels into our Atlantic poits. No other reafouable use can be fouAd for the terms* It they are denied this sense, they had fciuch be! rer been omiited, as being not only useless, but as giving. cause to suppose a reftricfcion of what, it i» pretended, was ddigned to be general—a right ot importing in every way, and into all parts of the United States, goods and merchandize, if not en tirely prohibited, on p?.ving the lame duties as are p«va le by our own citizens wlieu broaght in our Own V<ffels. These words, " v/hofe importation into the United Sra es {hall not be entirely prohibited," is a furthet key to true sense of the article. They are equivalent to these other words, " whose im portation into all parts of the United States fiiail not b» prohibited.'' The design of this clause is to prevent importation, thro' the particular-chan nel* «ontemplated by the article, being obltrtifk-d by a partial or by any other than a gtncral prohi bit,on. As long as certain goods may be introduc e.l into the U. S. through the Atlantic ports; they may a'fo be brought into them through the chan- j nels designated by this article, that is, by land and inland navigation. The making a prohibition in the given cafe to depend on a general prohibition, is coriclulive to prove, thtlt the article contemplates only particular channels. On any ether fuppofitiou the elAufe is nonsense. '1 .ie true reading, then, tif this part of the a tide, mnTl be as (allows :— " Goods and merchandize, whose importation into alt pan? of the United States (hall nut be prohi bited, may freely, for the ptjrpofcs of commerce, be carried into the fame in manner aforefakl, that is, by land and inland navigation, friMa the terri tories of his Britannic majclty on the conti.i.*nt of America." There are still o'Ver exprefiions in the article, which are lijcewife an index to its meaning. They arc these, " would be payable by the citizens of the United States on the importation of .the fame irr American veflels into the Atlantic ports of the said States." This reference to a rate of duties, which would be payable on importation into the Atlantic ports, as a rule of guide for the rate.of duties, which is to prevail in the cafe meant to be comprehended in the article, is full evidence that importation in the Atlantic ports is not included in that cafe. "The mention of importation in A inerican veflVls confirms this concluiion, as it (hews that the aticle itfclf contemplates that the difcri tninattoii made by otlr exilting laws rimy continue. But the matter * put-out of all doubt by tliofe parts of the fifteenth article which refevves to the Brililh government the right of imposing such du ty as may be adequate to countervail the difference of duty now payable on the importation of Euro pean and Afictic goods, when imported into the United States in Britiih and iu American vessels. And which flipulate that " the United States will not encreafc the now fubfilting difference between the duties payable on the importation of any arti cles in British or in American vcfTels." This is dt tnonft.ration, that the fr- ry contem plates, as confident with it, a contiiu: -,cc of the present difference of duties on importations in A mcricsn and Britifli vefTeb, and confecjnently that the third article which ftipulatcs equal duties, as to the c ifes within it, does not extend 10 importa tions into our Atlantic ports, but is confined to importations by land and inland navigation. Tho' this articls be of temporary duration, yet as an evi dence of the sens« of parties, it will always serve as a rule of for every part of the in strument. These different views of the article eftablifll be yond the poffihility of doubt, that, except with regard to the Miffifippi, inland trade and naviga tion are its sole objects —that it grants no tight or privilege whatever in our Atlantic port*—and that wnh regard to tiie ports of the Miffifippi, it only oltablifhes this piinciple, that Great-B. itain shall always enjoy there the fame privileges which by treaty or law allowed to have in our Atlantic ports. I remark incidentally, for a pnrpofe which will appear hereafter, that as far as this article is con cerned, we are free to prohibit the importation in to the United States at large of any Britilh' article whatever, though we cannot prohibit its importati on partially, th?t is merely from her territories in oar neighborhood by land wr inland navigation, but we may prohibit the importation by sea from those territories ; noi is there any other part of the treaty by which this is prevented. The remaining clatiles of thi» r artic!e eftablidi the fallowing paints : " That no duty of entry shall be levied by either party on peltries bro't by land or in land navigation, intothe refpeftive territories that ig and repaffing with their op n gt?ods (hall pay mj import orjduty apon them, but good* in bales; or packages, umiiual amqng Indians, shall no? lie considered as their roods, that tolls and rates of 'erriagc (hall ba the fame on bot.i fides as are paid by'natives—that no duties fhal) be paidhyeitlur party on the mere transit of gratis across portages and carrying glaces -from onjj.ipart to another of the territory of *he fame party, that the refpsftive governments will promote friendfhip, good neighbourhood and amicable interconrfe, by causing fpuedy and impartialjuftice to be done, and necessary prote&ion to be extended to all may be concerned therein. I (hall conclude this paper with an observation or two on thi meaning of the terms, inland naviga tion. These terms have no technical meaning de fined in the laws of either cjunti*y, nor have- they any precise meaning affiled by the law of nati ons. They, however, ex vi termini, exclude navigation from the sea : and ao a general rule, I should fay, that inland navigation begins there, where sea navigation ends. Where i 3 this ? i an swer at the ports of entry from the sea. By the laws of Great Britain and of the United States, ail rivers are arms of the sea, as far as the ordinary | tide* flow—lt would be aconfequence of this prin ciple, that sea navigation would reach to the head of tide water, But some more obvious and notorious rule ought to govern the interpretation of national comjufls. Tiie ports of entry from the lea are conceived to be the proper rule. In the cate under consideration, the general spi rit of the article may require that all the waters which divide the teriitories of the parties (hould be in their whole extent common to both, As to other communicating waters acctiuble under the ar ticle, the reciprocal limit of the right will be the ports of entry from this sea. This is to be ander itood with the exception of the Mifiifippi, to the ports of which acctfs from the sea is granted under the qualification which has been pointed ont. CAMILLUS. PHILADELPHIA, Friday Evening, Angult zU, 1795 As the clcftioir for County Commlflioner is ap proaching ; a citizen acquainted with the very meritorious and unrequited services of that valua ble citizen Peter Helm, one of the managers of Btifh-Hill, during the cwful visitation of the yel low fever ; hopes that such of the ele&ors as retain afenfeof that worthy man's exertions willufe eve ry endeavour to procure him that office, which al though a very inadequate reward indeed, will how ever evince the gratitude of his fellow citizens. The enemies of the United States have reeourfe to a va'iety of methods"to impose on tiie people —atnong other expedients the fabrication of Letters from differ ent parts, particularly London and Pans, forms no in considerable article in their p!«i of deoepti n. By some of these letters we are made to bclievcth" another Mr. Mdfon has informed the French oi the contents of the treaty with England, and that thrj are alarmed at the supposed confluences. By others that the Rrilifti do not intend to pas for the Proviffetns tfi-y have taken and sent in ; hut 'he want of policy is too glaring in the latter cafe — can any one pretend to believe that Mr. Pitt would dare thus to conimit himfelf after the late promises made by him to the trading interests of his own cot|i try, wiien he must know that his own de(lrudli»n would inevitably follow such a breach of faith and of found policy ? £5" ST. PAUL'S CHURCH will be open on Sundnfr next—as thj repairs are now chiefly finished. Mr. Fenno, As the Editor of the Aurora is the only printer in this city who has heretofore republifhed the firjl of the following articles, it is expelled he w ill evince his im partiality by republilhing thtfecond. Yoms, C. Prom a Richmond Paper. RICHMOND, (Virginia) "AnguSt 3. Notic* is hereby given, That in cafe the treaty entered into by that d—d Arch Traitor J —n J —y with the Britiih tyrant (hould be ratified A petition will be prefvnted to the General Aflembly of Virginia at their next fefT.on, praying that the said State inajr recede from the Uni on, and be left under the government and prott&ion as ONE HUNDRED THOUSAND FREE AND INDEPENDENT VIRGINIANS. P. S. As it is the wilh of the people of the said state, to enter into a treaty of amity, commerce and na vigation, with any other state or states of the present Union, who are averse to returning again uniler thg galling yoke of Great-Britain, the Printers of (the present Union) United States are requelled to pubhfh the above notification. Richmond, July 50, 1795 From the Alexandria Paper. Explanation of the advertising gentleman's advertise ment, who advertiies from the town of Richmond, in the State of Virginia. Left Tome flso»ld be ignorant enough to take this gentleman's advertisement literally as he has adverti sed, and suppose he really means to invite to a dissolu tion of the union and is warranted from a known sense of the Virginia ferrtiment on the important point he mentions, to lay we have "belonging to ou- flite one hundred thousand fo(jls and madmtn, it may be bell to eorredl in its earliest stage, a mistake which might produce conferences of a very deplorable natnre— Be it therefore known-that the gentleman afnrefaid on ly mcar.t a d—d arch, fatyrical, comical, ironical allu fioß to the ONE HUNDRED THOUSAND Frei and Independent NEGROES our (late boa (Is of. The Printers throughout the whole WORLD who have in/erted the piece commented on as above, will oblige by giving this also a place. Foreign Intelligence. HAMBURGH, June 6. The exchange of couriers between the courts of Ber lin, Peterfburgh, and Vienna, is as brift as ever, and about the latter end of last month, there was a great conference in the Palace of the Emperor, at wh'ch all the Ministers of State, and the Ruilian, Swedish, and Danish Ambafladors wereprefent. Already in. the be ginning of last month, the Danilh and Swedifti Mini sters presented two memorials to the Imperial Cabinet, refpedling Russia aind Poland. In these memorials the Kings of Sweden and Denmark complain of the am bitious dciigns of the Empress to increase her empire at 1 thf erpence of o'f other nations. The Emperor is re -1 qucftrd jo uic his good offices, to indure the !to put P./land o the fame fopti:ig« on wiiich it had been m 1789, wl .h a few modifications. - -With regard to the di!;x>fuions which now prevail between the Courts of Berlin and Peteriburgh, we have' it from unqueflionable sources that they are far from being of the raoft amicable nature. Ever since the news df the separate peace reached the Ruffian camp in Poland, the Ruffian i'oldiers are quite embitrered agafr.ft the Prt.ffi ani, and insult them wherever an opportunity presents icfelf. The latter however begin to move more and more towards Warsaw. In a letter from Petersburg, of so late a date as the 24th ult. it is stated, that before the latter end of this month, 43 (hips of the line w ill be ready for sea, in the Ruffian harbours. The finances of the Emprefsare in a flourilhing condition and the reve nue may be in&reafed, without rendering any tax oppressive to her fubjc&i. The ratification-of the treaty with 'England, which was brought by cX pnefs to fH^er(burgh has given the highelt fatisfac tion to the Empress, who made a present to the bearer of a superb fnufF box set in brilliants, and 100,000 roubles. Her Imperial Majelly is not on ly ready to fuppoit the caufeof Great Britain with a refpefhible fL-cr, but also if it (hould fce neceftary with an army to adt against any enemy. A new levy of loo ; ooomen is now making in the Ruf fian empire, whose military cftabliihment corififts at present yf 541,731 regulars and 46,401 irreg ulars. Upon an emergency 200,000 infantry, 50,000 horse, and 20,300 artillery, are always ready to aft abroad. It is confidently said, that the Rufthns will direst their operations against Holland, for having detained a nunber of Ruffian j»fhips and fold the cargoes, against the law of na- lions, " THE inhabitants of til's town had long ob feved with an indignant eye, that the ferocious aflafiins iinprifoned here, and even in jail amused themfelve* with trying a guilloti.ie, contrived to chop off feyen heads at onpe. According to Jaw, they could only be punilhed with a few years itfcprifonment. One of these villains, who alone had provoked the execution of 30 perfens, having be«ti tried on the 4th inft. and faatenped to be im piijoned forfome years, the people afK*nibled round thaSeflions Hall, and burjl out into mlirmurs and thf'ats. The battalion of Ladrome, having (hewn an intention of firing on the people, the latter sent a /lepiitation to the Representative Boiffet, who ortiered the regiment to withdraw into the barrcks. On the sth at 8 o'clock in the evening, the peo ple prorceded to the prison, called Rouanne, with a lift of thofc who had adled a principal part in the hcr nd tranfaflions which have taken place at Lyons. The hi! keeper was obliged to give them the lift of the /irifoners confined in that prison ; they fct apart all fcvhofe cases seemed to belong to the cognizance of the (ordinary courts f justice ; the thieves were drawn up in one corner ; an emigrant, taken into custody a few ' days iince, and another .condemned to ten yean im prifopment for having harboured a priest, were set at liberty, '/'his done, every Jacobin in ihc j«i! asked his name, and as this called to recolle<ftion a number of denunciations and murders, he was execu ted on *,ie spot. Twenty were in this manner dif patcKcJ in that prifnn. During the execution, the Representative BoifTet arrived, unattended, and ha rangued the multitude in the name of the law. A young man, mounting on a (lone replied, that as the law did not reach quite so far as justice (hotild go, he had bet ter withdraw, finte he had now performed his duty. The Representative went way, and the troops of the line, as well as the National guards, remained indif ferent fpe£lators*of what was going forwards. " From the prison of Rouanne, the mob pro ceeded to that of St. Joseph, where several Jacobins were executed in the fame manner. The player Orfeuille, ci-devant president of the tribunal of the terrorifls, Grar.dmaifon, and the female citizen Rouleau, hismiftrefs, who the very Jsy beforehad sworn to exterminate the whole quarter of St. St. Pierre, were of the number. The populace afterwards repaired to the pri son of Rrclufes. The Jacubins confined is this jail, defended thersfelves, and set fire to the build ing, in a supposition that the mob would busy thcmfelves with extinguishing the fire, and that this weuld afford them an opportunity of effecting their escape. Bat it happened otherwise—not the Icaft attempt was made to check the conflagration, land ( all the Jacobins perished, either in the flames or by the hands of the people. » About 75 terrorifls were maflacred that day; and on the following, the 6th, crac on the execution of those who had concealed themselves, or were retaken in their flight. " All these proceeding* did not occasion the leaf! commotions in any other part of the town ; but, on tin contrary, everv thing remained perfectly quiet. No one lamented the fate of the executed villains, 'l he widows, whose husbands they had murdered, and the children, whose parents they had caufcd to be guillo tined, hailed the executors of the popular justice, and encouraged them by their acclamations. n We enjoy the utmost tranquillity : nothing is out of its regular course, and we have bread till the har vest." By this Day's Mails. AT the diet of Ratifoon, the majority of the dates, namely, tfce King of England, a 6 cleftor of Hanover, has declared against the proposal of ac cepting the mediation of the King of Piuffia. Titus the war is certainly to continue between the Republic and the Germanic Body. War appears certain between Ruflia and Prufiia. The court of Peterfburgh has caused to be flopped every communication between Courland and SOLUTIO Pruflia. The Prince of Conde lias had a celebration at his quarters near Basle—when a magnificent fune r . ral fetvice was performed for the repose of the foul of Louis XVll—the late unfortunate Dau phin. The Priooc has also dispatched a Courier to Monsieur, informing him of the death of the Dauphin, and has iflued a proclamation to the ar mies, acknowledging Monsieur, as Louis XVIiL King of France and NaVarre We read in the Morning Chrpnicl: of June 11, the Thunderer sod the Robufic, of 74 cs«h ? ' LYONS, May ro. £Extra£l of a private letter. J BOSTON, August 22. From the C 0 U R / £ R, Tranf.ated, from Paris papers of July I. Paris July I. hav(J arrive J at Cowes, to join the squadron under tlip i oramasd of Com. W rren ; they are deitine,d for ii Icteret i xpe ilion ; they are to escort, without including the emigrnpts, 8000 troops, embarked on Hoard tranlpor;*, now collecting at Cowcs.— Each vefM i« accompanied I.y flat botto*, boats. If .to these alarming «ews, to the threatning preparations, we join the plan of. the emigrants near Ulm, (he numerous troops that RuSia kt-eps at the difpi.fa't of England; if we coiifider besides of fermentation which n«w rages in F-rance, Ihe critical situation of the Fiench of the Weft and the South, trie trifis which the appioach ing convocation of-tbc'Primary AfltmHies will doubtless produce, the bad Hate of our the enormous p ice ofrprovifions, the {carcity of fubfillei.ee?, which keeps the people in alaim—it is believed, that, as the tmepatriots will confefs, that the government ouijht.to be' on their guard now, more than ever, ana efpscially tube jeaTous of certain men, wliq by their caluffmi/.'s imitate a nu merous party, but for whom it vtotild be better that they forget their pall evils, and -aMiain from ntw ones, thin for us to prepare for th.'tn new tortures. Piiimboru'", 24 Pr'tarijh Ycfterday a melt tyriiblc fire rAmt& at this p'ace. It caught on butrd the America.! 'ship Aurora— fix vessels were cniiie'v burnt, wid'i f.ntr American sailors on borrd the A.nrora —it communicated to the town, a,id did fo;ne damage. Th.e .lcfs occa finned by this diiafter, is estimated ?.t two milliont and an haif. - Situation of the Army of the F.ajh: Tyrct e:s.. THE army is computed of fix cjyifi'oDS.. The I (1, extending from tjhe sea up-to ,T017.a, is cantoned in the villages of .Afciotia sod Afptuia. The 2d, includes Tolza up to Einany. The, jd, from Ernany tip to LaffaUa. The 4th, from Lauffcua up to tiie valley of Baftian, These four divi lions yive entered on .the territory of she enemy f;nce the 6th MeiTidor. The jtli, fioui Ballian to St. Jeau-Pirdde Port. The. 6th, from Lccombert to the village of Daram. The ardoui *>f these foops w»« foiwfwhat abated by the reports of a peace—.but when they beard that the negociation had failed—they wtie inspir ed v.ith freih courage, and thedefire of soon crufh inor their enemy. This army is rapidly encrca'ing,. and from the diipofuion now mpk'i g, an important event is.anticipated soon tt» take piste. When the frldiers had capitulsvd and laid down their arms on the glacis at Luxemburg, they almolt umverfally refufed to follow tliair officers —they wished to enjoy the advantages of Liberty. Augufi 24 Capt. Little, from Cionftadt, arrived on Thurs day, in 77 days—left there the Thomas & Sarah, Nichols ; Mars, Smith ; Commerce, Lombard { and Elizabeth, Oliver; of Bolton : Harmony, Moore, of Philadelphia i William, Bickford : E li7.a, Trafk ) and Enterprize, Allen ; or Salem ; Rebecca, Brown ; and General Greene, Smith ; of --Providence : Bctfey, Northam, of New-York. Cap. I-ittlt informs, that June 4th, a Ruffian fleet of 12 fail of the line and 12 fligates, hauled out of tVie Mile of Cronftadt, detained to y«'ji the English. That 12 fail of Swedifli men of Giar, and 8 fail of Danes, lay in Copenhagen road, fri)\- posed delh'ned to dispute the palling of the Rufiian fleet in the Streigbts : and that Captain Clark, of the Ambuscade British fugatej had been imprisoned at Copenhagen for taking drafts of the arfcnal, and other suspicious condutt. WASHINGTON, (Pt-.n.) Augnft 17. INDIAN N£WS, We are informed liv a gentlemen, dire££ from Grcenevi!!e, that the treaty with ihc Indian? is live ly to be soon cos eluded The chiefs of t Tie ho!ii!s tribes had geneialiv come iu, . arrieularly Blue Jac ket with his Shavvanefe, who were I teiy said to be unfriendly to negotiation. Our informant was pi e fent when the pipe of peace *vaa lighted, and the utmost ur.animity prevailed. It ho; been rumoured that no treaty would taki place, as man) Indians after arriving at the G'"tr. d had goneoft precipitately. This rumour mf.y btacV counted for by the following liKlicrouscircumflance, which happened on an evening prior to the celebra tion 0/ the fourth of July :—Splendid preparations were making for the approaching feftiv.il, among the reft some grand fire works were to be exhibited.— Unfortunately the laboratory took fire, the explosi on »f rockets, crackers, &c. &c. ocesfiened a grr. t alarm among the troops, at it was not immediate ly known from when :c it proceeded ; the alarm guns were fired, and the drums beat to arr*e. This of course occafionrd equal conftei nation among t'le Indians, who expected an immediate attack ; the confluence was their initantaneous flight in all dt reAions—fome took to the water, others to <hc woods, and it was not without some difficulty that they could be made sensible of'.he truth, and brought back again to their encampments. PITTSBURGH, AnguH'^i. Extradt of a letter from Prefq'i'iCe, dated August 6, 1795. " The garrison about to be erected by the Unit ed States will be upon a very commanding spot, jult oppofitcthe entrance of the bay. Thetbwn com, mcnces thirty yards weft of the old Butifh fovt laaving a vacancy of 600 yards, which will serve for a military parade and public walk, and ac'd much to the beauty of the place—All hands are now busily employed in cutting out vittoos—-tl»e troops are also hard at wotk cutting pickets, hew ing lags for blockhoitfes, and other necessary hold ings. The town will extend nearly three mil-i" along the lake, by one mile back—the hat bout" is immense to lay it and lo many out lots off." Authentic ac«ounts from Gteenevjlle, fay, t; »t a treaty will slTittedly take place with the Indians.— Most of the Indians have come in, particularly the Shawancfe, who, it was fuppoied, had been en tirely avtrfe to treating. Arrivals at the Port of Philadelphia. Schooner Freeport, Port, Alive, Hillman, Paity, Gladding, jirrivid at tbt Fort. Bark Happeren, B!"tn, Sloop Nancy, Griffin, PafiViinaqtroddy 14 Boftcii 9 RhodeJftaiiu 7 Jerrmi'-