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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0163 Enlarge and print image (4M) |
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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0163 Enlarge and print image (4M) |
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MESS AGS
' ¦ im the president of the U.S., transmitting
a memorial of.the French minister, on the
ict of.the claim i Eugenie de
Seanmarcl , lYa'fiye
of (he late Ban 11
18p7, read, and o the committee
Of claims.
[COWCI,bBEB:] ' •
OUSCTIOn.
is urged in behalf of the claimant, that
now in proof that the money was. ad-
i service ; 6f a political na-
rjient could not by the bffi-
ers of the treasury, be taken into considora-
Gause lound to require po-
..¦Kive proof of the application of thi ,moi ey
lertp credit M. Beaumarchais fot the
c ipenditure."
ANSWER.
When the treasury debited the account of
M.de Beaurharctwds with the said million, it
h :¦: not the declaration of the government of
ce,.that th^said million had been em-
. yed in a political secret service, and had
not been given on account of Supplies. Kow
"i is circumstance is known, it may balance
wV account. It ran be no more disputed,
: 'nit the king, who gave the nine millions,;
had the power of employing one of them
¦towards the views and to the advantage of
[lie cause which he supported, than his mi-
ters Can be required to disclose the ob-
< of the service in which it was employ-
ed ; because it is a s«Qref which they ought
• to keep, and which M. de Vergennes declar-
ed it inconvenient to Communicate even 10
years afterwards.
The secretary of the treasury is so well
persuaded of it, that he says in his report,
*' it must be observed that the declaration of
¦ .Pre; ch government should be taken in
i*s strictly literal sense."
Alteram opinion thus expressed. & which
Manifests the respect and attention we owe
vS the declarations of a government it is
i;;,' belie1 ed that he would not have hesi-
I to strike the balance of Mr. de Beau-
marchajsac ithou-t comprizing in it
the said aet found himself
.re opinion of his pre-
decess Ution of hi? pow-
ers.
03JP.CTI0N.
"K(tw inordinary th.it ad-'
varc'K made in 1776., in order to enable an
to furnish warlikesupplies to the
United States, should have been considered
by thf ;bvernrnent as an.expence for
a score, politic; ;
ANSWER.
, Did the government of France keep it as
secret from the United Stati had gi-
ven permission ti inarchajs to obtain
caniimi, muskets,,&C. from the king? No.
Whj', therefore, would it have made a se-
cret.of this million, if it had been given lor
the same article1; ?
Can itbesup,*>osed that the king gave a
million to pay himself?
It will not be disputed, that at the epoch
of the treaty of 17;8, which united the two
powers, there,.remained no longer any secret
about M. de Beaunlarchais having before this
time furnished cannon, muskets, &c. taken
from the magazines of the king. The arms
of France engraved upon these pieces pub
lished the si
The convention of 1763, openly avowi d,
that three millions gratuitously given by
the king, had been given before the treaty
of 17 73.
Thus the destination of the million
on the loth of June, 1776, must be 1.
upon as very extraordinary, and as a secret,
and it cannot with justice bo debited to M.
Beaumarchais, en account of his supplies.
OBJECTION.
" It is further objected, that M. de Beau-
marchais, having fairly accounted to his own
government, and to their Satisfaction, for
i:,e application of that million, must be
considered as discharged from any account-
ability tO the United "States."
ANSWER.
Is it correct to say, that an accountabili-
ty is not due vi a third p;irfy not named in
the dffi] < t in ?
If this pri j be brought into
doubt, M. de P-eaumarehais, or raider the go-
vernment'!' Fnmce says, M".
has received from me a million, forwl
is to account to me ; he has rend-,
count to me, I hav« approved it, and I have
git i n him i discharge;
The transcript will demon-
strate i s well as the
justice of what lias ; i cedi
Cojpy of the- Receipt,
" T have received from Mr. On Vergier,
agreeabjy'to the orders which liave bei
to him by the count de Vergenness, on the
5th current, the sum of a million, of which
1 will render an account 'to my said sieur
de Vergennes.
";'.t Paris, the 10th June, 1776.
(Signed)
C a RON DE BEA UKAKCB AIS."
From whom did Mr. de Be umarcbais re-
ceive a million, according to this receipt ?
From M. de Vergennes, by the hands of
Mr. Vergier.
To whom did his own receipt, and the
will of him who gave him the million, im-
pose upon him tiie obligation of account-
ing ?
To Mr. de Vergennes.
Who received this account ?
M. de Vergennes.
Who approved of the account, and gave.
M. de Beaumarchais a discharge ?
'The king himself, who gave the said mil-
lion, and who ordered the destination of it.
The candor and the justice of the secreta-
ry of the treasury equally oppc e, after
this exposition of the suid receipt the de-
jrtand of an account of the said million
from M. de Beaumarchais ; for if even the
account had not been rendered to the. go-
vernment of France, no power, no person
(unless he was delegated tfi its rights by a
special power.) could demand it. ; for M. de
archais, by his billet) is made a debtor
of the government of France ; and if it had
been otherwise, he might as well have been
the debtor of any other power, or of any
oth.i :¦ person, as of the United States.
If M. de Beaumarchais were paid by the
United States, docs the secretary of the
; i hulk that, possessed of His original
i could prosecute him before any
oi justice, and hope to recover (be
amount contained in the said receipt ?
If his opinion should* be in f'Tie affirma-
tive, what risk would the United States
run in paying the Beaumarchais family—
because they wordd be certain of recovering
what they paid.
To start a doubt, and yet draw from this
doubt a conclusion in your favor, is contra-
ry to justice ; and by removing the doubt,
we remove the consequences.
M. de Beaumarchais, by his obligation,
is accountable only to the government of
prance. The above observations prove it
to a demonstration.
OBJECTION.
" It h evident that if he was rightfully
charged by the United States for that sum,
it is to them and not to the French govern-
ment that he is accountable. The solemn
declaration that the million was a gratuitous
gift to the United States, seems inconsist-
ent with the supposition that it was not ap-
plied as ah aid and subsidy, but given
without their knowledge to an individual,
responsible for its application, not to the
government who had received, but to that
who gave the subsidy."
ANSWER. .
He has rendered this account. The
king has approved it, and he has been dis-
charged from it. The million was given
for a political secret service. Why would
not the set etary of the treasury wish to
look upon the destination given by the king-,
to that one of the nine millions which is
missing, as an aid and subsidy, because this
destination (which is a secret and will al-
ways remain one) can. have no other object
than to favor the views -and to assure ad-
vantages to the United .States, and maybe
denominated aid. And subsidy.
The present government of France has
made all possible research, in order to en-
lighten its equity and its justice in an affair
which interests a family, whose head en>*
I all the' fortune which he ought to
have left it, to the support of the American
cause; and it is after the most intimatecon-
victfon, that this sum is due to M. de Beau-
ais, that it has charged "its minister
pJenipo .o declare anew, that the
given on tjje 10th jfurie, 1776, £o M,
de Btgumarehihj ioas employed in a secret
service, that an aesennt of it has been render-
ed to the king, and /improved by him, and that
it V-VS not given en account of supplies furnish-
ed by the said Beaumarchais to the United
Stales.
med) TURREAU.
Washington, jfanuary 14, 1807.
Faithfully translated,
JACOB WAGNER,
Chief clerk, dep. state.
To the
MESSAGE.
Senate and house of Representatives of
the United Stintes.
In execution of an act of the last session
of congress, entitled " An act to regu-
late the laying out and making a road from
Cumberland, in the state of Maryland, to
the state of Ohio, IappointedThomas Moore,
of Maryland, Joseph Kerr, of Ohio, and
Eli Williams of Maryland, commissioners
to lay out the said road and to perform the
other duties assigned to them by the act.
The progress which they made in the execu-
tion of the work, during the last season will
appear in their report now communicated to
congress. On the,receipt of it I took mea-
sures to obtain consent for making the road,
of the states of Pennsylvania, Maryland,
and Virginia, through which the comtnis-
, proposed to lay it out. I have re-
ceived acts of the legislatures of Maryland,
and Virginia, giving the consent desired :
that of Pennsylvania has the subject still
under consideration, as is supposed. Until
I receive full consent to a free choice of route
through the whole distance, I have thought
safest neither to accept nor reject finally, the
partial report,of the commissioners. Some
matters suggested in the report belong ex-
clusively to the k-gislasiire.
TH. JEFFERSON.
REPORT.
The commissioners acting by appoint-
ment under the law of congress, intituled
" An act to regulate the laying out and
making a road from Cumberland, in the
state of Maryland, to the state of Ohio,"
beg leave to report to the president of the
United States, & to premise that the duties
imposed by the law became a work of greater
magnitude, and a task much more arduous
than was conceived before entering upon it,
from which circumstance the (Commission-
ers did not allow themselves sufficient time
tor the performance of it, before the seve-
rity of the weather obliged them to retire
from it ; (,which was the ease in the first
week of the present month December.
That not having fully accomplished their
work, they are unable fully to report a dis-
charge of the duties enjoined by law, but
as the most material and principle part has
been performed, and as a communication of
the progress already made may be useful
and proper during, the present, session of
congress and of the legislatures ot those
states through which the route passes ; the
commissioners respectfully state, that at
a very early period it was conceived that
the maps of the country were not sufficient-
ly accurate to afford a minute knowledge of
the true courses between the extreme points
on the rivers, by which the researches of
thf commissioners were to be governed. A
survey for that purpose became indispensi-
ble, and considerations of public economy
suggested the propriety oi making this sur-
vey precede the personal attendance of the
commissioners.
Josias Thompson, (a surveyor of profes-
sional merit) was taken into service, and
authorised to employ two chain carriers and
1 a marker, as well a; one van? wan atio!
pack-horse-man and horse, on public ac-
j count ; the latter being indespensiide and
• really beneficial in acceleratin . (Jie woik.
I The surveyor's instructions are contained in
i the document No. 1, accompanying this
report.
Calculating on a reasonable time for the
performance of the instructions to the sur-
veyor, the commissioners by correspondence'
fixed tin the first day of .September last, for
the meeting at Curnbarland, ¦ to proceed in
the work. Neither of them, however, reach-
ed that place until the 3d of that month, on
which day they all met.
The svrveyor having under his instruc-
tions laid down a plat of this work, shewing
the meanders of the Fotownmc and Ohio ri-
vers, within the limits prescribed for the
commissioners, as also the road between
those rivers, which is commonly travelled
from Cumberland to Charlestown, in part
called Braddock's road, and from the same
being produced to the commissioners,where-
by straight lines and their true courses were
shewn between the extreme points on each
river, and the boundaries which limit the
powers of the commissioners being thereby
ascertained, serving as a basis whereon to
proceed in the examination of the grounds
aad face of the country ; the commissioners
thus prepared, commenced the business of
exploring, and in this it was consideredthat
a faithful discharge of the discretionary
powers vested by law, made it necessary to
view the whole, to be able to judge of a pre-
ference due to any part of the grounds ;—
which imposed a task of examining a space
comprehending upwards of 2000 square
miles, a task rendered still more incumbent
bj the solicitude and importunities of the in-
habitants of every part of the district, who
severally conceived their grounds entitled to
a preference. ,
It becoming necessary in the interim to
run various lines of experiment for ascer-
taining the geographical positions of several
points entitled to attention, and the service
Suffering great delay tor want of another sur-
veyor, it was thought consistent with the
public interest to employ in that capacity
Arthur Rider; the vaneman who had ! -en
chosen with qualifications to meet such an
emergency, and whose services as vaneman
could then be dispensed with. He com-
menced as sutveyor on the 2ad day of Sep-
tember, and continued so., at field work,
until the 1st day of December, when he
was retained as a necessary assistant to the
principle surveyor, in copying field notes
and hastening the draft of the work to be
reported. The proceedings of the commis-
sioners are specially detailed in their gene-
ral journal, compiled from the daily journal
of each commissioner, to which they beg
leave to refer under mark No. 2.
After a careful "tid critical examination
of all the grounds within the limits prescrib-
ed, as well as the grounds and ways out
from the Ohio westwardly, at several points,
and examining the shoal parts of the Ohio
river, as detailed in the table of soundings,
stated in their journal; and after gaining
all the information, geographical, general
and special, possible and necessary towards
a judicious discharge of the duties assigned
them, the commissioners repaired to Cum-
berland, to examine &. compare their notes
and journals, and determine upon the di-
rection and location of the route.
In this consultation the governing objects
were,
1st. Shortness of distance between na-
vigable points on the eastern and western
waters.
at}. A point on the Monongahela, beat
calculated to equalize advantages of this
portage in the country within reach of it.
3d. A point on the Ohio river most ca-
pable of combining certainty of navigation
with road accommodation, embracing in.
this estimate remote.points westwardly, as
well as present and probable population on
the north and south.
4th. Best mode of diffusing benefits with
least distance of road.
In contemplating these objects due atten-
tion was paid as well to the comparative
merits of towns, establishments and settle-
ments already made, as to the capacity of
the country, with the present and probable
population.
In the course of arrangement, and in its
order, the first point located for tiie route
was determined and fixed at Cumberland, a
decision founded on propriety and in some
measure on necessity, for the circumstance
of a high and difficult mountain, called Nob-
ley laying and confining the east margin of
the Potomac, so as to render it impossible of
access, on that side without immense ex-
pence, at any point between Cumberland
and where the road from Winchester to
Gwynn's crosses ; and even there the Nob-
ley mountain is crossed with much difficul-
ty and hazard, and this tipper point was
taxed with another formidable objection ; it
wa* found that a high range of mountains
called Dans, stretching across from Gwynn's
to Potomac above this point, precluded the
opportunity of extending a route from this
point in a proper direction, and left no al-
ternative but passing by Gwynn's. The
distance from Cumberland tc Gwynn's be-
ing upwards of a mile Jess than from the
upper point, which lies ten miles by water
above Cumberland, the commissioners were
not permitted to hesitate in preferring a"
point which shortens the portage as well as
the Potomac navigation.
The point on the Potomac being viewed
as a great repository of produce which a
good road will bring from the west of Eaa-
re] Hill, and the advantages which Cumber-
land as a town has in that respect over an
unimproved place, are additional considera-
tions operating- forcibly in favor of the
place preferred.
In extending the route from Cumberland,
a triple range of mountains stretching
across from Jening's run in measure with
Gwynn's, left only the alternative of lay-
ing the road up Will's creek for three /rules,
nearly at right r.ngl:-'' w:th the trite course,
and then by way od
tending if over a break in tin smallest moun-.
tain, on a better course by Gwynn's to the.
top of Savage mountain. The latter was
adopted, being',he shortest, and will be less-
expensive in bill-side digging, over a sloped
route than the former, requiring one bridge
over Will's creek, and several over Jening's
run, both very wide and considerable stream";
in high water, ^nd a more weighty rea-
son for preferring the route by Gwynn's is
the great accommodation it will afford tra-
vellers from Winchester by the upper point,
who could not reach the route by Jening's
short of the top of Savage, which would
withhold from them the benefit of an easy
way up the mountain. It is, however, sup-
posed that those who travel from Winchester
by way of the upper point, to Gwynn's, are
in that respect, more the dupes of common
prejudice, than judges of their own ease, as
it is believed the way will be as short and on
much better ground to cross Potomac below
the confluence of the north and sout.hbranch-
es (thereby crossing these two as well as
Patterson's creek in one si ream, equaby
fordable in the same season) than to pa^s
through Cumberland to Gwynn's. Of these
grounds, however, the commission'
not speak from actual view", but cons
a subject well worthy of future investiga-
tion.
Having gained the top of Allegany
mountain, or rather the top of that part cal-
led Savage by way of Gwynn's, the gene-
ral route as it respects the most important
points, was determined as follows, viz.
From a stone at.the comer of lot No. I,
in Cumberland, near the confluence of
Will's creek and the north branch' of Po-
tomac river, thence extendino- alonp- the
street westwardly.lo cross the hill lying be-
tween Cumberland and Gwynn's, at the
gap where Braddock's road passes it; thence
near Gwynn's and Jesse Tomlinson's to
cross'the big Youghiogana near the mouth
of Roger's run between the crossing of
Braddock's road and the confluence of the
streams which form the Turkey toot, thence
to cross Laurel lull near the forks of Dun-
bar's rim to the west foot of that hill at a
point near where Braddock's old road readi-
ed it near Guest's old place, now col. Isaac
Meason's; thence through Brownsville and
Bridgeport, to cross the Monohgahela river
below Josias Crawford's ferry, and thence
on as straight a course as the country will
admit to the Ohio,^at a point between the
mouth of Wheelen creek and the lower
point of Wheelen Island.
In this direction of the route it will lye
about 24 1-2 miles in Maryland, 75 1-2
miles in Pennsylvania, and is miles in
Virginia, distances which will be in a small
degree increased by meanders w filch the bed
of the road must necessarily make betweea
the points mentioned in the location ; and
this route it is believed, comprehends more
important advantages than could be afforded
in any other, inasmuch as it has a capacity
at least equal to any other in extending ad-
vantages of a highway, and at the same
time establishes the shortest portage between
the poiri,ts already navigated, and on the
way accommodates other a-nd nearer points
to which navigation may be extended and
still shorten the portage.
It intersects big Youghiogana at the near-
esf point from Cumberland, then lies near-
ly parallel with that river, for the distance
of twenty miles, and at the west foot of
Laurel hill, days within five miles of Con-
nelsville, from which the Youghiogana is
navigated ; and in the same direction the
route intersects at Brownsville, the nearest
point on the Monongahela river, within the
district. The improvement of the Youg-
hiogana navigation, is a subject of too much
importance to remain long neglected ; and
the capacity of that river as high up as the
falls (twelve miles above Connesville) is said
to be equal, with a small expense, with the
parts already navigated below. Theobstruc-
tions at the falls, and a rocky rapid near
Turkey-foot, constitute the principal impe-
diments in that river, to the intersections of
the route, & as much higher as the stream
has a capacity for navigation, and these
difficulties will doubtless be removed, when
the intercourse shall warrant the measure.
Under these circumstances the portage may
be thus stated:
Miles.
From Cumberland to Monongahela 66 1-2
From Cumberland to a point in
measure with Connelsville on the
Youghiogana river 51 1-2
From Cumberland to a point in
measure with the lower end of
the falls of Youghiogana, which
will lie two miles north of the
public road 43
From Cumberland to the intersec-
tion of the route with the Yough-
iogana river 34
Nothing is here said of the little Youghi-
ogana, which lies near Cumberland ; the
stream being unusually crooked, its naviga-
tion can only become a work of redundant
population.
[To be continued.']
Anne-Arundel County Court.
September term, 1806.
RULED by the court, that all suits trans-
mitted from the general court to this court,
under the act of assembly, entitled an act to
provide for the organization and regulation of
1 the courts of common law in this state, and for
I the administration of justice, and continued .hist
J court, under the rule to employ new counsel,
shall not continue longer than to the end of
the next cowt, under the said rule, and the
suitors interested therein,-are hereby required
to appear to the same in person or by counsel,
on or before the second day of next term, or
the same will be tried or discontinued, as the
j case maybe, during the said term.
Ordered by the court, that the said rule be
' published in the Maryland Gazette, of Anna-
polis, and the Federal Gazette of the city of
Baltimore, once a fortnight for six months. '
I}]i order,
I HICHOLAS HARWO'OD, Clerk.
October W. <*2W13
BY Till
KEvV-YO 1. 34.
r-.\. ,-:n.
To the' politer.ess of captain Lt.sli-T, and
the passengers in ::'
-editors of the JN'ev.-York Gazette ,
paj era and Llin
to. th« 30th December, inclusive. ;*r* "•' fur-
nish much interesting matteri-yviSRt will
be found in this day's Go::eite, ThS'rfi
from the seat of war on the continent is no-
later ti'an by the EmeJine. It wiH ^affkd
our readers much pleasure to bear, that Our
?affairs with Great-i'.iitaiu are in a v^ry favor-
able state. Mr. Briuie, a passenger, brings
dispatches for government, from our minis-
ters at London.
HOUSE OF LORDS, Friday, Dec.'^S.
The house met at 3 o'clock, & after hear-
ing prayers, was occupied until 4.0'eIocJk in
swearing in peers ; among whom we no-
ticed their royal highnesses the prnice of
Wales, dukes of York, Clarence, Cumber-
land and Cambridge, his highness the duke
of Gloucester, duke of Portland, earl of
Lauderdale, &c. |