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DECEMBER, 1805.

Proceedings.

SENATE.

place within the jurisdiction of the United States, a bill, entitled "An act to make provision for perfrom and after the first day of January, 1808. sons that have been disabled by known wounds

received in the actual service of the United States, TUESDAY. December 17.

during the Revolutionary war;" also a bill, enti

iled " An act supplementary to the act, entitled The Senate resumed the motion made yester-An act regulating the grants of land appropriated day, for leave to bring in a bill to prohibit the for the refugees from the British Provinces of importation of slaves into any port or place withCanada and Nova Scotia ;" in which bills they in the jurisdiction of the United States, from and desire the concurrence of the Senate. after the first day of January, 1808; and, after de

The bills last mentioned were read and ordered bate, the previous question was moved for, to wit: to the second reading. Shall the main question be now put? And the yeas and pays being required by one-fifth of the PROCEEDS OF PUBLIC LANDS. Senators present, on th previous question, it

Mr. Tracy, from the committee to whom was passed in the affirmative-yeas 16, nays 11, as referred the examination of the act, entitled " An follows:

act to enable the people of the eastern division Yeas-Messrs. Anderson, Bradley, Condit, Fenner, of the Territory Northwest of the river Ohio, Howland, Kitchel, Logan, Maclay, Mitchill, Plumer, to form a constitution and State government; Smith of Maryland, Smith of Tennessee, Smith of Ver- and for the admission of such Slate into the mont, Stone, Thruston, and Worthington.

Union, on an equal footing with the original Nays—Messrs. Adair, Adams, Baldwin, Gaillard, Gilman, Jackson, Moore, Pickering, Sumter, Tracy; States, and for other purposes ;” and to report the and Wright.

manner, in their opinion, the money appropriated And the yeas and nays being required, on the by said act ought to be applied, made the follow

ing report, which was ordered to lie for considmain question, by one-fifth of the Senators pres

eration : ent, it passed in the affirmative-yeas 18, nays 9, as follows:

That, upon examination of the act aforesaid, they

find the one-twentieth part of five per cent of the net Yeas—Messrs. Anderson, Bradley, Condit, Fenner, proceeds of the lands lying within the State of Ohio, and Gilman, Howland, Kitchel, Logan, Maclay, Mitchill, sold by Congress from and after the 30th day of June, Plumer, Smith of Maryland, Smith of Tennessee, Smith 1802, is appropriated for the laying out and making of Vermont, Stone, Thruston, Worthington, and public roads, leading from the navigable waters empWright.

tying into the Atlantic, to the river Ohio, to said State, NAIS—Messis, Adair, Adams, Baldwin, Gaillard, and through the same: such roads to be laid out under Jackson, Moore, Pickering, Sumter, and Tracy.

the authority of Congress, with the consent of the sev, So leave was given to bring in the bill, and it eral States through which the road shall pass. was read the first time.

They find that, by a subsequent law passed on the

3d day of March, 1803, Congress appropriated three Wednesday, December 18.

per cent of the said five per cent. to laying out and

making roads within the State of Ohio, leaving two per A message from the House of Representatives cent. of the appropriation contained in the first-meninformed the Senate that the House have passed tioned law, unexpended ; which now remains for “ the a bill, entitled "An act for the relief of Theodo- laying out and making roads from the navigable waters rick Armistead," in which they ask the concur- emptying into the Atlantic, to the river Ohio, to said rence of the Senate.

State." The bill was read, and ordered to the second They find that the net proceeds of sales of land in the reading.

State of Ohio, from July 1, 1802, to June 30, 1803, Mr. Logan gave notice that he should to mor both inclusive, was

$124,400 92 row ask leave to bring in a bill to suspend the From 1st July, 1803, to June 30, 1804 176,203 35 commercial intercourse between the United States From 1st July, 1804, to June 30, 1805 266,000 00 of America and the French Island of St. Do- From 1st July, 1805, to September 30, mingo.

1805

66,000 00 On motion, the bill to prohibit the importation of slaves into any port or place within the juris

Amounting in the whole, to $632,604 27 diction of the United States, from and after the first day of January, in the year of our Lord 1808, Two per cent. on which sum amounts to $12,652. was read the second time, and the further consid Twelve thousand six hundred and fifty-two dollars eration of the bill was postponed to the first Mon- were, therefore, on the first day of October last, subject day in December next.

to the uses directed by law, as mentioned in this re

port—and it will be discerned that the fund is constantThursday, December 19.

ly accumulating, and will, probably, by the time regu

lar preparations can be made for its expenditure, amount The bill, entitled “An act for the relief of to eighteen or twenty thousand dollars. Theodorick Armistead.” was read the second time,

The committee have examined, as far as their limited and referred to Messrs. Tracy, Baldwin, and time, and the scanty sources of facts within their ANDERSON, to consider and report thereon. reach would permit, the various routes which have

A message from the House of Representatives been contemplated for laying out roads pursuant to the informed the Senate that the House have passed provisions of the act first mentioned in this report.

SENATE.

Proceedings.

DECEMBER, 1805.

They find that the distance from Philadelphia to tions on this or other routes, and an increase of the Pittsburg is three hundred and fourteen miles by the requisite fund, as the discoveries of experience may usual route, and on a straight line about two hundred point out their expediency and necessity. The comand seventy:

mittee being fully convinced that a wise Government From Philadelphia to the nearest point on the river can never lose sight of an object so important as that Ohio, contiguous to the State of Ohio, which is prob- of connecting a numerous and rapidly increasing popably between Steubenville and the mouth of Grave ulation, spread upon a fertile and extensive country, creek, the distance by the usual route is three hundred with the Atlantic States, now separated from them by and sixty miles, and on a straight line, about three hun-mountains, which, by industry and an expense moddred and eight.

erate in comparison with the advantages, can be renFrom Baltimore to the river Ohio, between the same dered passable. points, and by the usual routes, is two hundred and The route from Richmond must necessarily approach seventy-five miles, and on a straight line, two hundred the State of Ohio, in a part thinly inhabited ; and and twenty-four.

which, from the nature of the soil, and other circumFrom this city, (Washington,) to the same points on stances, must remain so, at least for a considerable the river Ohio, the distance is nearly the same as from time; and from the hilly and rough condition of the Baltimore; probably the difference is not a plurality of country, no roads are, or can can be, conveniently made miles.

leading to the principal population of the State of Ohio. From Richmond, in Virginia, to the nearest point on These considerations have induced the committee to the river Ohio, the distance by the usual route is three postpone, for the present, any further consideration of hundred and seventy-seven miles; but new roads are that route. opening which will shorten the distance fifty or sixty The spirit and perseverance of Pennsylvania are miles—two hundred and forty-seven miles of the con- such, in the article of road-making, that no doubt can templated road, from Richmond northwesterly, will be remain but they will, in a little time, complete a road as good as the roads usually are in that country, but from Philadelphia to Pittsburg, as good as the nature the remaining seventy or eighty miles are bad, for the of the ground will permit. They are so particularly present, and probably will remain so for a length of interested to facilitate the intercourse between their time, as there seems to be no existing inducement for trading capital, Philadelphia, not only to Pittsburg, but the State of Virginia to incur the expense of making also to the extensive country, within that State, on the that part of the road passable.

Western waters, that they will of course surmount the From Baltimore to the Monongahela river, where difficulties presented by the Alleghany mountain, Chesthe route from Baltimore to the Ohio river will inter- nut Ridge, and Laurel Hill, the three great and almost sect it, the distance, as usually travelled, is two hun-exclusive impediments, which now exist on that route. dred and eighteen miles, and on a straight line about The State of Maryland, with no less spirit and perone hundred and eighty-four. From this point, which severance, are engaged in making roads from Baltimore, is at or near Brownsville, boats can pass down with and from the western boundary of the District of Cogreat facility to the State of Ohio, during a number of lumbia, through Fredericktown to Williamsport. Were months in every year.

the Government of the United States to direct the exThe above distances are not all stated from actual penditure of the fund in contemplation upon either of mensuration, but it is believed they are sufficiently cor- these routes, for the present, in Pennsylvania or Maryrect for the present purpose.

land, it would probably so far interfere with the obserThe committee have not examined any routes north- vations of the respective States, as to produce mischief ward of that leading from Philadelphia to the river Ohio, instead of benefit ; especially as the sum to be laid out nor southward of that leading from Richmond, because by the United States is too inconsiderable, alone, to they suppose the roads to be laid out must strike the effect objects of such magnitude. But as the State of river Ohio on some point contiguous to the State of Maryland have no particular interest to extend their Ohio, in order to satisfy the words of the law making road across the mountains; and if they had it, it would the appropriation; the words are, “ leading from the be impracticable, because the State does not extend so navigahle waters emptying into the Atlantic, to the far; the committee have thought it expedient to recomriver Ohio, to the said State, and through the same.” mend the laying out and making a road from Cumber

The mercantile intercourse of the citizens of Ohio, land, on the northerly bank of the Potomac, and within with those of the Atlantic States, is chiefly in Phila- the State of Maryland, to the river Ohio, at the most delphia and Baltimore; not very extensive in the towns convenient place between a point on the easterly bank on the Potomac within the District of Columbia ; and of said river, opposite to Steubenville and the mouth of still less, with Richmond, in Virginia. At present, the Grave creek, which empties into said river Ohio, a lit- greatest portion of their trade is with Philadelphia ; tle below Wheeling, in Virginia. This route will meet but it is believed their trade is rapidly increasing with and accommodate the roads leading from Baltimore Baltimore, owing to the difference of distance in favor and the District of Columbia ; it will cross the Mononof Baltimore, and to the advantage of boating down gahela river, at or near Brownsville, sometimes called the Monongahela river, from the point where the road Redstone, where the advantage of boating can be taken, strikes it, about seventy miles by water, and fifty by and from the point where it will probably intersect the land, above Pittsburg,

river Ohio, there are now roads, or they can easily be The sum appropriated for laying out and making roads made over feasible and proper ground, to and through is so small, that the committee have thought it most the principal population of the State of Ohio. expedient to direct an expenditure to one route only; Cumberland is situated at the eastern foot of the Althey have therefore endeavored to fix on that which, for leghany mountains, about eighiy miles from Williamsthe present, will be most accommodating to the citizens port by the usual route; which is circuitous, owing to a of the State of Ohio, leaving to the future benevolence large bend in the Potomac, on the bank of which the and policy of Congress, an extension of their opera- road now runs; the distance on a straight line is not

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DECEMBER, 1805.

Trade with St. Domingo.

SENATE.

more than fifty or fifty-five miles, over tolerable ground roads; Provided, The State of North Carolina shall for a road, which will probably be opened by the State consent to the appropriation aforesaid. of Maryland, should the route be established over the On motion the House adjourned. mountains as contemplated by this report.

From Cumberland to the western extremity of Laurel Hill, by the route now travelled, the distance is

Friday, December 20. sixty-six miles, and on a straight line about fifty-five; John Smith, from the State of New York, aton this part of the route, the committee suppose the tended. first and very considerable expenditures are specially The bill, entitled "An act making provision for necessary. From Laurel Hill to the Ohio river, by the persons that have been disabled by known wounds usual route is about seventy miles, and on a straight received in the actual service of the United States, line fifty-four or fifty-five; the road is tolerable, though during the Revolutionary war," was read the seccapable of amelioration. To carry into effect the principles arising from the Tracy, and Baldwin, to consider and report

ond time, and referred to Messrs. ANDERSON, foregoing facts, the committee present herewith a bill

thereon. for the consideration of the Senate. They suppose that,

The bill, entitled "An act supplementary to the to take the proper measures for carrying into effect the section of the law respecting a road or roads to the act, entitled 'An act regulating the grants of land State of Ohio, is a duty imposed upon Congress by the appropriated for the refugees from the British law itself, and that a sense of duty will always be suffi- Provinces of Canada and Nova Scotia," was read cient to insure the passage of the bill now offered to the second time, and referred to Messrs. Bradley, the Senate.

Baldwin, and Tracy, to consider and report To enlarge upon the highly important considerations thereon. of cementing the union of our citizens located on the The bill to regulate the laying out and making Western waters with those of the Atlantic States, would a road from Cumberland, in the State of Marybe an indelicacy offered to the understandings of the land, to the State of Ohio, was read the second body to whom this report is addressed, as it might seem, time; and the further consideration of the bill to distrust them. But from the interesting nature of the made the order of the day for Monday next. subject, the committee are induced to ask the indul- A message from the House of Representatives gence of a single observation.

informed the Senate that the House have passed Politicians have generally agreed that rivers unite

a bill, entitled "An act to repeal so much of the the interests and promote the friendship of those who act, entitled 'An act regulating foreign coins, and inhabit their banks; while mountains, on the contrary, for other purposes, as is contained in the second tend to the disunion and estrangement of those who section thereof;" also a bill, entitled "An act supare separated by their intervention. In the present case, plementary to the act making provision for the to make the crooked ways straight, and the rough ways payment of claims of citizens of the United States smooth, will, in effect, remove the intervening mountains, and by facilitating the intercourse of our Western

on the Government of France, the payment of brethren with those on the Atlantic, substantially unite which has been assumed by the United States, them in interest, which, the committee believe, is the by virtue of the convention of the 30th of April, most effectual cement of union applicable to the human 1803, between the United States and the French

Republic;" in which bills they desire the concurMr. Tracy, also, from the committee last men

rence of the Senate. tioned, reported a bill to regulate the laying out

The bills were read, and ordered to the second and making a road from Cumberland, in the State

reading. of Maryland, to the State of Ohio; and the bill

TRADE WITH ST. DOMINGO. was read, and ordered to the second reading.

Agreeably to notice given on the 18th instant, PUBLIC LANDS.

Mr. Logan asked leave to bring in a bill to susMr. Bradley submitted the following resolu- pend the commercial intercourse between the tions; which were read, and ordered to lie for United States of America and the French island consideration :

of St. Domingo. Resolved, That one or more land offices be opened

Mr. L. observed that the attention of Confor the sale of the lands of the United States, on which gress had been called to this subject by the Presithe Indian title shall have been extinguished, in the dent of the United States, at the commencement State of Tennessee.

of the last session of Congress, in the following Resolved, That Commissioners be appointed, with words: ample powers, to settle all disputes relative to the lands “ While noticing the irregularities committed on the ceded by North Carolina to the United States, and to ocean by others, those on our own part should not quiet all claims, agreeable to the conditions of the be omitted, nor left unprovided for. Complaints have cession.

been received, that persons residing within the United Resolved, After satisfying all just claims, and the ex- States have taken on themselves to arm merchant vespenses incident thereto, that one — · part of all the sels, and to force a commerce into certain ports and public lands belonging to the United States, within the countries in defiance of the laws of those countries. limits aforesaid, ought to be appropriated for the use of That individuals should undertake to wage private war, a college or university in said ate, forever; one independd of the authority of their country, cannot part for the use of schools for the instruction of child-be permitted in a well ordered society. Its tendency ren, forever; and five per cent on the net proceeds of to produce aggressions on the laws and rights of other the sales of the public lands, for the purpose of making nations, and to endanger the peace of our own, is so

race.

SENATE.

Trade with St. Domingo.

DECEMBER, 1805.

ance.

obvious, that I doubt not you will adopt measures for suppressing the illegal proceedings complained of on restraining it effectually in future."

the part of those individuals, citizens of the United States, The first complaint alluded to in the Message who shall appear to be concerned in them.” of the President, is a letter addressed to the Sec- In a letter from the Chargé des Affaires of France retary of State, by the Envoy of Great Britain, dated the 7th of May, 1874, and addressed to the dated on the 31st of August, 1804, in which he Secretary of State, he observes: observes:

“ The undersigned is informed, in a manner which “I have received information respecting several ves- leaves him no room to doubt it, that the American mersels which have of late been armed in, and have sailed chants, who pursue this commerce (meaning the comfrom the different ports of the United States, some merce with St. Domingo) publicly arm, in the ports of loaded with articles contraband of war, (gunpowder is the United States, vessels which are intended to supsaid to be the general article,) others with cargoes of port by force a traffic contrary to the law of nations, innocent goods, and others again in ballast. After the and to repel the efforts which the cruisers of the French diligent inquiry which it has been my duty to make on Republic are authorized to make in order to prevent it. so important a subject, I think that I can have the These armaments have also for their object to cover the honor of stating to you with certainty, that several ves- conveyance of munitions to the revolted of that colony. sels of the above description, which are mentioned to The Government of the United States cannot be ignobe schooner rigged, have sailed lately from the port of rant of these facts, which are public; the consequences Baltimore, whilst others of a larger size, even ships of thereof have already been manifested in the West Inconsiderable burden, and completely equipped for war, dies, where the public papers advise that there have have sailed from the port of Philadelphia, bound to the been actions between the French cruisers and Ameripossessions of His Majesty's enemies in the East as well can vessels carrying on this commerce. In considering as West Indies. It is said the object of some of these the matter merely under the view of the law of nations, equipments is to force a trade with the blacks in the it is manifest that American citizens, under the very Island of St. Domingo, in which attempt the public eyes of their Government, carry on a private and piratiprints have stated so circumstantially, as to leave no cal war against a Power with which the United States doubt on the subject, that two American vessels have are at peace. The undersigned would be wanting in been captured by French cruisers, after making resist- his duty if he did not vindicate, under such circum

But I have strong reason to believe, that the stances, the rights and dignity of his Government, destination of others, particularly from the port of Phila- which are openly injured, and if he did not call the delphia, have been with cargoes of contraband articles to attention of Mr. Madison to the disagreeable reflection the enemies' possessions in the East and West Indies. which the French Government would have a right to

“Let their destination, however, be what they may, make, if the silence of the local authorities respecting it cannot, I conceive, but be justly considered, that such acts of this nature should be imitated by the Governarmaments, on the part of the citizens of a neutral ment of the United States." State, must be attended with consequences prejudicial The French Government certainly could not see to a belligerent Power, and may, therefore, be deemed without a profound regret, that after having given to rightly as offensive, for which reason the law of nations the United States the most marked proofs of the desire has stated one of the first obligations of neutrality to be to place the good understanding of the two nations upon that of abstaining from all participation in warlike ex- the most immoveable foundations, by abandoning na, peditions. The armed vessels alluded to, may become tional interests which might have eventually produced the property of the King's enemies either by capture at collisions, individual interest should now be permitted sea, or by purchase in the ports to which they are des- to compromit this good understanding. Its regret tined, and are thus in readiness to be converted imme- would be still much greater, if, when the dignity and diately into instruments of hostility against His Majesty, safety of France are openly injured in the United whilst in another point of view they are calculated to States, by their citizens, the American Government protect the vessels when they are loaded with contra- should preserve, respecting these violations, a silence band articles, against the lawful search and detention which would appear to offer an excuse, and even a of a lawfully commissioned cruiser, when the latter sort of encouragement, to all the excesses which cushall be of inferior force. Indeed, I conceive that it pidity may attempt. Besides, that the peace of the may not be giving too great an extent to the principle | iwo nations cannot but be seriously compromitted by of the law of nations, without attending to the nature the proceedings of the individuals, and by the reprisals of the cargo, to consider the very arms, ammunition, to which they must necessarily lead, this state of things and other implements of war, with which such vessels would infallibly tend to diminish the amicable dispoare furnished as contraband articles, when the vessels sition which the two Governments wish to cultivate.” have been thus equipped without the authority of the

Mr. L. observed that the commerce as carried nation to which they belong. “I understand, sir, that the armanents in question

on by the citizens of the United States is not only have in fact taken place under no commission or

a violation of the law of nations, which the United authority whatever from the Government of the United States as an independent nation is bound to obey, States. I have therefore thought it my duty to have the but is in direct violation of a treaty made in 1806, honor of making you acquainted with the information between the United States and France: a treaty that has reached me on this subject, and if the obser- on the most liberal principles as to the rights of vations which I have taken the liberty to make upon it neutrals, and highly advantageous and honorable should happily be conformable to the sentiments of the to both nations. American Government, I can safely trust to their To remedy the evils complained of, a law was justice, as well as to their jealousy of observing the enacted during the last session of Congress to regumost strict neutrality in the present war, to take such late the clearance of armed merchant vessels; this measures as shall appear to them the most proper for act has operated as a deception, as, since the publi

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DECEMBER, 1805.
Trade with St. Domingo.

Senate. cation of the law, the trade with St. Domiogo has in this House that in consequence of that very been carried on to as great if not greater extent passage in the President's Message of last year, and than formerly. The only merit of the arming of those very complaints of those foreign Ministers, law, is, that in a national view it removes the res- a bill did actually pass both Houses of Congress, ponsibility from the individual who may be en- after a long and ample discussion of the subject; gaged in the trade, to the Government by which which bill was intended to remove those causes of it is authorized.

complaint, and is now in force. This bill I have Whilst we are anxious to have our own na- understood was satisfactory on all hands, and it tional rights respected, is it honorable to violate has been within a very few days declared by a the rights of a friendly Power with whom we are member of this body, io his place, to have given at peace? or is it sound policy to cherish the satisfaction to the French Government in partic. black population of St. Domingo whilst we have ular, nor has that information been contradicted. a similar population in our Southern States, in This conclusion indeed may be inferred from the which should an insurrection take place, the Gov- tenor of the President's communication to Congress ernment of the United States is bound to render at the commencement of the present session. If effectual aid to our fellow-citizens in that part of any intimation of complaints from foreign Powthe Union ? Mr. L. concluded by observing that ers relative to this subject, is contained in this in bringing forward the bill under consideration, message, it has escaped my attention, and I can he was not influenced by views of friendship to- indeed safely affirm there is none. And is not this wards England or France, but to preserve the im- silence itself, a strong, an irresistible proof that no mediate honor and future peace of the United such complaints have been made, but that the States.

measures adopted by Congress at the last session Mr. ADAMS.-Mr. President: Had the gentle have been satisfactory? Believing it as I do, and man who asks leave to introduce this bill, assigned that no needless interference of the Government any new reasons as the foundation of his motion, with the regular course of commercial transactions whatever my opinion might have been upon their ought ever to be countenanced, I hope the genilemerits, I should not think it proper to combat them man from Pennsylvania (Mr. Logan) will not at this time; but the object of the bill is so simple, have leave to bring in this bill. that its details are immaterial. Its purpose is to Mr. Jackson seconded Mr. Logan's motion, and tally to prohibit a branch of our commerce, which in reply to Mr. Adams said, that he wished Mr. at the last session of the Legislature was proved Logan to make it an annual motion, as Mr. Sawto be of great importance to the country. Unless, bridge had, in the Parliament of England, to reduce therefore, a majority of the Senate should be of septennial Parliaments, but with more effect, until opinion that the bill ought to pass, it appears to the trade so highly dishonorable to national charme that the present is the stage at which it ought acter was annihilated. As to Mr. Adams's obserto be arrested: since the mere discussion of the vations that the bill was not allowed to be brought question, and pendency of the measure before Con- in last session, and that he had heard no new argress, may have an unfavorable effect upon the guments, he would answer the gentleman by asking commercial interest, or at least injuriously affect what new arguments had been advanced on the individual merchants, in the course of their affairs. bill to prohibit the importation of slaves, when

It is well known to every member upon this leave was given two days since to bring in the bill, floor, and to the public in general, ibat the same and the same arguments had been rung in our ears gentleman who now wishes to introduce this bill, by Quakers and others, ever since the Constitution at the last session of Congress made a motion had been in operation, and not a new one had been for leave to bring it in at that time, which was re-produced. He said that the day would come when jected; and I expected that on its renewal at this ihis dishonorable traffic would be rued by the Unitime he would have alleged some new grounds ted States; that day must arrive when a general for the measure; but in this expectation I have peace would take place, when the present hostilbeen disappointed. He tells us, indeed, that unless | ities must cease ; that it must and would then bewe do probibit this commerce it will inevitably come the interest of every nation of Europe, having lead us into a war with the French Republic. I colonies in the West Indies, to extirpate ihis horde have certainly, no more disposition than any gen- or ship them off to some other place. That the tleman here to be at war with the French Repub- United States, by affording them succor, arms, amlic; but, excepting that gentleman's assertion, (to munition, and provisions, must be considered by which I am willing to give all the credit which it them as their allies—their supporters and their procan be entitled to,) what particle of evidence have lectors. That he believed the United States would we that the St. Domingo trade will expose us to be viewed in this light by the French Governany such danger? What evidence has the gentle- ment and by themselves, and that they would deman himself alleged in support of his assertion ? mand and expect us to grant them an asylum as Why, sir, he has read to us a part of the President's allies and protectors, and send them to our coast. Message, at the opening of the last session of Con- This was no novelty, and he had received inforgress; and a correspondence between the British mation from a late celebrated French General, and French Ministers, and the Secretary of State, given in a public company at the city of Washsix or nine months previous to that time, and com- ton where he boarded, and the General was one plaining that some of our merebant vessels were who dined there ; that arrangements had been armed. It is surely needless for me to mention made, if General Le Clerc had been victorious, to

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