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OF

THE

their authority, and consequently an vileges and powers; there are thereact prejudicial to the Allied Powers. fore to declare, that I do no longer re

His Britannic Majesty has too high cognize the said Antoine Charbonet ar opinion of your wisdom, High and Duplaine as Vice Consul of the RepubMighty Lords, poi to believe that you lic f Francc in any part of these United ni colpite the insinuations of the com States, nor permit him to exercise Donecimy of all people, and that you or enjoy any of the functions, powers, wil redouble your zeai and vigilance to or privileges allowed to the Vice Cona avert from your country all thote suls of that Nation; and that I do hereplag:-s which at once overwhelm the hy wholly revoke and annul the said un'appy people of France !-At all Exequatur heretofore given, and dodetimes, and on every occasion, his Ma- clare the same to be abfolutely null and jey wili not cease to give you proofs of void, from this day forward. his friendihip, and to intereft himself In testimony whereof I have caused in the maintenance of the Indepen

these Letters to be made patent, deace, and of the ancient prosperity of and the Seal of the United Siates of Four States, and of those of your America to be hereunto affixed. Alies. (Signed)

Given under my hand this 10th day of ROB. STEPH. FITZGERALD, October, in the year of Our Lord Minifter Plenipotentiary of 1793, and in the Independence of bis Britannic Majesty,

the United States of America the Done at Berne, Nov. 30, 1793.

Eighteenth.

GEO. WASHINGTON. PRCCLAMATION of his Excellency the By the I'rcfident, PRESIDENT of the UNITED STATES THOMAS JEFFERSON. of AMERICA, with the Reply thereto of Citizen GENET, acting as An

New York, 01. 27, 1793, BASSADOR from the assumed Go

Second Year of the French Republic. Perpment of the French Nation.

CITIZEN GENET, MINISTER PLENIGLORGE WASHINGTON, PRESIDENT POTENTIARY

FRENCH CF THE UNITED STATES OF AME REPUBLIC, TO MR. JEFFERSON,

SECRETARY OF STATE. CONCERN.

I HAVE just received, together with THE Sieur Antoine Charbonet your Letter of the 3d inft. the dismil. Duplaine, heretofore having produced son of Citizen Duplaine, Vice Consul to me his Commillion as Vice Consul for at Boston, and I hasten to deciare to tae Rupublic of France, within the you!, that I do not acknowledge its vaStates of New Hampsnire, Massachu- lidity, because the Constitution of the leres, and Rhode- lisand, and having United States has not given the Presitherton received from me an Exequatur, dent the right which he now appears debearing date the 5th day of June 1793, sirous to exercise.-It has empowered recognizing him as such, and declaring him, as First Minister of the American him free to exercise and enjoy such func- People, to admit and to receive the Mitions, powers, and privileges, as nisters of Foreign Nations, fent to the alluwed to Vice Consuls of the French great American Confederation, and their Republic by the Laws, Treaties, and Con!ulary Agents, distributed to the Conventions in that case made and pro- particular States ; but, in confiding to vided; and the said Sieur Duplaine him this official function, it has not given having, under colour of his said office, him the power of discharging them, to committed sundry incroachments and send them away, or to suspend them intractions on the Law of the Land, when once they have been admitted. and particularly having caused a vessel Such an authority cannot be exerted, Sir, to be rescued with an armed force out but by the Sovereign of the sigent, or of the custody of an Officer of Justice, by the one to which he is sent. On the who had arrested the same by process part of their own Sovereign, their re. from his Court, and it being therefore call can only be the object of his parti. no longer fit, por confiftent with the cular will, or a consequence of nego. respect and obedience due to the Laws, ciations begun with him for that ob. ihai thc Sieur Duplaine Thould be per- jeet. On the part of the Sovereign to mitted to continue in the exercise and wh m he is feni, a dismillion can be the enjoyment of the said functions, pri- result only of an act of regular justice,

RICA,

TO

ALL WHOM

IT

MAY

are

or of an arbitrary act. If it is a national manner.-How could, in fat, any room act of juliice, the Sovereign should be for accusation against hiin be found, furnished with every poílivie light upon since he only acted in conformity to the lo important an object, that he may be Treatics, to his instructions, to the deenabled to prove to the Foreign Sore. cisions of the Federal Government, comreign, that his Minister was unworthy municated to all the States, which even of his confidence, and that this ditinil. trust to the care of the French Coniuls fion or fufpenfion was indispensible. If the prizes fuppofcd to be made within it is an act merely arbitrary, it is among the jurisdiction of the United States, the class of acts of aggreffion, and be- and as he prored incontestabiy, that he comes a cause of war; and you know, never had any intention of retifting, by Sir, that in this respect the Constitution force, the orders intimated to hiin by of the United States has reserved to the judicial authority, although they were Representatives of the People the right contrary to the Political rights of the of declaring it. I do not recollect what French Nation. the worm-eaten writings of Grotius,

GENET. Bitcndorf, and Vattel fay on this fuis.

ject- I thank God I have forgot ivhat The following is mentioned in one of These hired Jurisprudifts have written

the Foreign Gazettes to be an official upon the Rights of Nations, at a period

detail of the Incidents which prewhen they were all enchaine. But the fundamnental points of your Liberty,

coded Mr. DRAKE's Departure from

GENOA, and the Answer of the Reand our own, are engraven in my me

public to that Minister. sory in charucters not to be ctiaced, and the Rights of Man are enclofed in MR. DRAKE had presented several my breast with the fource of life. I Notes urging the Government of Genoa have inceffantly before my eye's your to the coalition against France. Having Constitution, and our own; and it is be received only evative anfiers, but the cause I fully feel the just and wife in- negociation not having been formally tentions of those who founded them, broken off, Mr. Drahe set off on the altat I dem ind of you, Sir, to ask the 10th of November, after having deliPrcfident of the United States to pro. vered on the preceding day a Note, in curs an examination by the Legislature which he stated" that though it had repretenting the Sovereign People of been inferred from his preceding Notes Massachusetts, of the conduct of Citi that he meant to force the Republic to zen Duplaine, in the same manner as I accede to the coalition, that such was have demanded an examination of my not the intention of the King his Master; own in the ensuing Congres.

but that in fact nothing more had been In Governments like ours, political intended than to require satisfaction affairs can only be judged by political for the intule offered by French maribodies, and if the Vice Contul Duplaine ners to an English vesel in the harbour has intrinsed the particular. Laws of of Genoa ; which satisfaction could be Masuchusetts, or the general Laws of granted by no other means than by risc Union, which that Government is sending away the French Minister," bound to fupport, to that State the cognizance of a crime against the Majesty

The Genoefe Government anfivered of the Nation belongs in the first in immediately in substance as follows: ftance, and it is for her oficers to an " That it learnt with the greatest nounce it to the Federal Government, pleafure, that his Britannic Majesty did in or.cr that the Foreign Agent found not mean to force a free and independent to have violated the baws of the Coun- State to renounce a neutrality, which try, may recive punishment from his its interest required that it should obSovercign it beinerits it. I inlist with serve; that as to what related to the sathe more confidence upon this step, Sir, tisfaction demanded of the Republic, as the Attorney for the district ison there could be no pretext for it; as the made three efforts to procure a Bill to velick to which the insult had been be found at the Circuit Court' against otiered carried thi tri-coloured filig, Citizen Duplaine, and three times it pro- the Republic could not know that F.1pular and virtuons Jury threw out his gland had any interest in it: that, on complaint, and this Vice Conful WAS the other hand, a very great insult had finally acquitted in the most hunuarable been offered by the English causing

armed

armed frigates and firefhips to enter the 1975, with regard to Proteftants, shall harbour of Genoa, contrary to all the be observed. rights of an independent State. As to Art. V. The King and Queen of the dimillion of the French Minister, Poland must be Roman Catholics. that requifition could not be complied Should the Queen be of a different perwith, as it would be positively declar, fuafion, and not abjure the same, the ing war again it the French, who had cannot be crowned. army

on the frontiers of the Re Art. VI. The Grand Dutchy of public.

Lithuania shall remain for ever united

with Poland, in which respect the The following is the Substance of the rights of the Union, and other particu

New POLISH CONSTITUTION de- lar rights of that province, Thail be creed by the Diet:

preserved. Article I. THE kingdom of Po«

Art. VII. The incorporation of land, and Grand Dutchy of Lithuania,

Courland with Crown-Poland and the with the remainder of the Dutchies, Grand Dutchy of Lithuania, made in Waywodeships, Countries and Distrićts, 1569, belides all other Conftitutions of which they now confift, being, ac

with regard to that Dukedom, as like. cording to their rights and privileges

, wife of the District of Pilthen, thall be an individual whole, shall constituie preserved in violate. forthwith an indivisible, free and inde

Art. VIII. It shall be permitted to pendent Republic, whose Supreme

no branch of the Public Power, not Power ihall be vested in the Diet. The

even to the Legislative branch, to exlatter, having constantly the King at its change or cede any possession of the Rehead, Iball consist of the Senators and public. Treaties of that kind are not the Representatives of the Nobility; and only declared void, but every one who if thus assembled in this lawful man íball propose them, is to be declared ner, it thall have the fole power of and puniihed as a traitor to his country. making laws, and the nation thall only

N. B. The succeilion to che Throne, be bound to cbey such laws as the Diet according to the New Conftitution, is hath enacted. The Diet alone can im- henceforth to be accomplished by the pose taxes, and support therewith an

choice of the States. army which must be faithful; it can alone declare war, make peace, and The A&t for annulling the Diet of conclude all kinds of treaties, ettablish

POLAND assembled in 1788, as alí. and direct colleges or offices of State,

the Law's which it had palied, emafix their duration, chuse their Mem

wating from the last Confederated bers, send Ambassadors, &c. &c. In

Diet, was drawn up in the following fbort, no ordinances fall be exccited in the territories of the Republic, which NOT to leave to posterity any traces have not been derived from the States in of the Ordinary Diet opened in 1985, Diet aflenibled. The Legislative lower and afterwards converiod into a kovoball for ever remain separated from the lutionary Diet on the 3d of May 1791, Executive Power. The Diet can there. we declare, by the unanimous content fore accomplisha the execution of all its of the Republican States affumbled, this decrees by the Magistrates only. No Diet as not having exited, and its Depart of the Executive Power shall order crees of no effect. The Conftitution, any thing, or act beyond what has been the Laws, and all the Decrees made in ordained by the laws.

the course of this Dier, having been Art. 11. The property of the Feudal the cause of every kind of calamity', Right shall never bo annihilated, and and the lofs of those immeuse provincis the Sovereignty of the Republic over which the Republic has suffered, he the Fcoffee, thall constantly continue. annul and decrec, that they shall not be

Art. III. The Roman Catholic Rc interted in our code of Laws: and as ligion of both rituals shall be the constant this Dict, among other things, reverka predominant one in Poland.

the law which forbace the choice of a Art. IV. The fecellion from the fucceffor during our life, and the ni:Roman Catholic Religion to some other mination of any one whatever to fuccecah Religion, thall cver be a crime in Po to the Crown of Poland, and demandland; and he that thall be convicted ing us to agree to that change, while thereof, is to be banished the kingdom; we, remembering the Paita Convento at the same time the Conttitution of perlifted in it by energetic representa

manner:

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BERNSTORFF.

tions; but not being able to resist the Grouvelle their Minister Plenipoten. repeated demands of the Diet then af tiary in Denmark, it was equally so, Tembled, who had dispensed us, in the that he had not been reccived or ac. name of the whole nation, from the knowledged in that quality; and such sworn article in the Pacta Conventa, acknowledgment, which by its nature with regard to the succeffion to the must be a public act, could not be conThronc, we obeyed faithfully their de cealed from the general knowledge.” elared will. We are persuaded that His Majesty, always faithful to his such a step, which had not in view our declarations, cannot nor ought not to personal advantage, or that of our fa- be suspected of being willing to fail mily, cannot be imputed to us as a fault ; fulfilling them. I ought allo to add but as the illusory aspects of the same this remark, that there does not exift Diet, instead of the welfare, has brought any truth more evident, or more unathe greatest disasters on the Republic, nimously received, than this, that no on that account we promise, with the one is responsible for the actions of consent of the States now assembled, another, and, above all, when the that from this time, it shall not be law question is concerning a step unforeseen, ful either for us our or succeffors, with unknown, and in which it was imout the consent of the Republic, to vio. possible to take the least part. late or weaken this fundamental law of

(Signed) the Polish Nation.

Department of Foreign Affairs,

Copenbagen, Dec. 18, 1793. Copy of an official Note from the

MINISTERS of the ALLIED COURTS Copy of the Reply of the BRITISH to N. Count DE BERNSTORFF, MINISTER to the ANSWER of M. Secretary of State for Foreign Affairs DE BERNSTORFF. to the KING of DENMARK.

THE Note of the Count de BernTHE undersigned Ministers of the storff, in ansiver to that of the Ministers Powers now at war with France, re of the Powers at war with France refiding at the Court of his Danish Ma. fiding at the Court of his Danish Ma. jesty, having seen a Paper printed and jesty, while it assures the Envoy Extraaddressed to the “ Commerce of the ordinary of his Britannic Majesty in. North," bearing the signature of Grou- dividually, on the subject of the joint velle, who stiles himself Minister Ple Note, and which only includes a simple nipotentiary of the soi-disant French question, relative to che real or fup. Republic, do themselves the honour of posed existence of a fact, implies, by the fending enclosed a copy to his Excel choice of terms made use of, an ex. lency the Count de Bernstorff, deliring culpation, against which he must, for him to inform them if this Paper be au- his own part, proteft, leaving it to those thentic and authorized; and if the said with whom he has co-operated, to make Grouvelle be effectually acknowledged their representations, either by word in this character by his Danish Majesty, of mouth, or by writing, with an earas this public act gives reason to pre- neftness proportionable to his conception sume. (Signed)

of how ill-founded it is.
J. FAGEL, D. HAILES, GOLTZ, If it were pollible to believe for an

BREUNIER, KRUDENER, instant that his Danish Majesty could
MUSQUIZ,

forget his declarations, the novelty of Copenhagen, Dec. 13, 1793.

the fact, such as the usurpation of a

public and active character unpunished Answer of the DANISH MINISTER, by the Government, must be allowed COUNT DE BERNSTORFF.

a very just and natural motive. The

aforesaid undersigned Minister is ready HAVING shewn to the King, my to acknowledge, that it was equally unMafter, the joint Note remitted to ine likely to suppose that it was possible on the 13th instant, by the Ministers of that the King of Denmark would re. the Powers at war with France, his ceive as Plenipotentiary, near his sacred Majcfty has ordered to reply, and august perfon, a man who had been « That it is with pain he sees in this charged with the task of reading to his Note a proof of diitruft, for which he unfortunate and innocent Sovereign the is conscious of having given no occa sentence which brought him to the fion : that if it was notorious that the scaffold. Nacional Convention had named M.

(Signed)

me

D. HAILES.

FOREIGN

[ 63

[FROM THE LONDON GAZETTE.] WHITEHALL, DEC. 3. Mr. Stephens, dated the 28th of LETTER, of which the following November, mentions, that the thips

is an extract, was yesterday re under his command had, on the preteived from Sir James Murray, Adju. ceding day, captured near Ulhant the tant General of the forces under the National Corvette La Blonde, mount. command of his Royal Highness the ing 28 guns, manned with 210 men, Duke of York, dated Tournai, Nov. and commanded by Citizen Gueria. 23, 1793, by the Right Hon. Henry And Sir Edward Pellew, Captain of Dindas, his Majesty's Principal Secre. his Majesty's ship La Nymphe, in his tary of State for the Home Department. letter of the 3d instant, gives an ac

The army remained in a state of count of his having, in company with tranquillity until yesterday, about two the Circe, taken on the 30th ult. beo'clock in the afternoon, when the ene tween Brest and Ulhant, the National my attacked Nechin and Leers, two floop of war L'Efpiegle, pierced for 16 advanced posts, occupied each by about guns, manned with ioo men, and com100 men. They advanced in consider. manded by Monf. Pierre Biller, Enseign able force, particularly against Nechin, de Vaisseau. and made their attack' with great rapidity. The detachment pofted there,

WHITEHALL, DEC. 9. which was a picquet from the grenadier Copy of a Letter from Major.General bartalion of ihe troops of Helle Darm Williamson, dated Jamaica, 08. 8,1793. Stadt, and half a company of the impe SIR, rial free corps of O'Donnell, defended I HAD the honour to inform you, in my the post for some time with great gal. Letter of the 8th of September, that lantry, but being obliged to yield to the the next day the 13th regiment, the two Taporiority of number, they retreated fank companies of the 49th, and a detowards Bailleul, whilst the detachment tachment of Artillery, were to fail, to which occupied Leers, to avoid being take possession of Jeremnie, the Proposurrounded, fell back to Eftainbourg. fitions of Capitulation having been acMajor-General During however, who cepted. had repaired upon the first alarm to the Commodore Ford, in whose praise I point of attack, having brought up the cannot say too much, failed with the Exlight infantry Battalion of Hesse Darm- pedition. The greatest part of the troops stadt from Éfairbourg and Peck, and were embarked on board his Majesty's a party of the Hanoverian cavalry, un- ships. Transports were necessary for the der the command of Colonel Linlingen, provisions and stores. having advanced from Templauve, the The whole arrived at Jeremie the 19th enemy were driven back in their turn, in the evening; and a Deputation was fent and the posts re-occupied:

from the Council, requesting the Englim The Darmstadt troops had two men Colours, that they might be immediately killed ; Captain Von Shonberg and hoisted, but it was judged beft to land feren men wounded; and Captain Von early the next morning, when the whole Becker, who was likewise wounded, disembarked, and the Colours were hoisted and four men taken. The corps of at both Forts, with two salutes of twentyO'Donnell had fix men wounded and one guns, and answered by the Commotwo taken. The Hanoverian cavalry, dore and his squadron. The troops were one man wounded. The loss of the received with the loudelt acclamations enemy was greater : several were found from all ranks.--Mons. Carles, of the dead about the village of Nechin, and Etat Major of the Mole, was on board leven or eight taken.

of the Commodore..

The Commodore only remained a few ADMIRALTY-OFFICE, DÉC. 10: hours at Jereinie after the troops were CAPTAIN PASLEY, of his Ma- landed, and sailed for the Mole, where he jefty's faip Belietophon, in his letter to arrived the zid, and sent Monf. Carles on

Major Carles is a French officer belonging to the Mole of Cape St. Nicholas, who had been captured and carried into Nassau by a Providence privateer, and afterwards sent by Lord Duomore to Jamaica, where he arrived the day before tke Squadron failed. VOL. XXY к

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