Gazette of the United States. (Philadelphia [Pa.]) 1795-1796, August 28, 1795, Image 3

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    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'-