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and confident that he could convince them of their error, went on board the schooner with the fhip's papers, but as foon as he got on board the schooner, which proved to be the Flying Fish, a French republican privateer, which had a few days before failed from Philadelphia, the master's name not made known to this appearer, but a person on board, who declared himself to be owner, was nained Paris, and gave his address to this appearer, as residing at No. 399, in Front-ftreet North, 'in' this city of Philadelphia"; they took his papers, which they kept, and without examining them, declared the ship to be a good prize : that this appearer expostulated with them on the impropriety of such conduct towards American ships and the property of their citi. zens, but all the answer he could obtain in return was, that they had good information from several respectable houses in Philadelphia, one in particular, which they said was one of the first American houses there, that the thip had naval stores on board, and they would not at first be convinced of the contrary ; at Jength he prevailed on them to examine his manifeft, port clearance, and register, and they finding no such naval stores on board, they did not then seem to doubt but that she was loaded, as the actually was, with the articles mentioned in her manifeft, which are coffee,, rum, sugar, staves, fustic, and logwood; the only plea they then made was, that since our treaty with Great Britain they had orders, and were determined, to take every American vessel bound to or from any English port, even on suspicion of their going to them; they forced all ihe passengers, officers, and crew of the ship (except a French cook and Spanish seaman belonging to her, and who appeared to be disposed to remain) from on board the ship into the privateer schooner, which mounts fix nine pounds cannon, with muskets, and seventyfive men ; Paris, the owner, said that he had a list-of-thips that he had information of, and those which had already failed he was deterınined to take; their names were as follow-the said fhip Mount Vernon, the Atlantic, the William Penn, the Philadelphia, the Dominick Terry (the last with flour for Jamaica), and fome others, which he would not mention; that having forced the whole of the passengers and crew (except the Spanish seaman and French cook) out of the ship, without even suffering them to take all their baggage, and having taken full poffefsion of the hip and cargo, the privateer stood into Cape Henlopen Road, and sent them all on board a pilot boat; and this appearer arrived at this port of Philadelphia about noon this day, and now defires to protest, requiring an act of me the said notary, to avail him when and where needful and necessary, reserving to himself to extend this protest more amply, and to support the fame by his officers and crew, on their oaths, as may be requisite.

(Signed in the original) GEO. G. DOMINICK. Vol. V.


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Whereupon I, the said notary, have protested, and, by these presents do folemnly proteft, as well against the faid privateer schooner Flying Filh, her owners, officers, and crew, as against the French Republic, and all whom it shall, doth, or may concern, for the capture and detention of the said ship Mount Vernon and cargo, that all losses, costs, charges, breaches of charter-party, or bills of loading, may be submitted unto, suffered and borne, by those to whom of right it may belong. Thus done and protested.Quod manu et sigillo Notarii attestor,

(L. S.) CLEMENT BIDDLE, Not. Pub, And on the thirteenth day of the fame month of June, 1796, before me the said notary, came Robert Robertfon, chief máte of the tip Mount Vernon, and being duly Sworn according to Jaw, on their folemn oaths depose and say, that the facts herein in the foregoing or. annexed protest set forth are just and true; and the said Robert Robertson, on his oath further deposes and says, that while on board of said schooner privateer Flying Fith,

Paris, the owner of the privateer, endeavoured to perfuade bim to remain on board, and offered to make him prize-master of the first American vessel they should take, and other gratifi. cations were offered him by officers of the said privateer to induce him to remain, which he refused to accept or comply with with contempt.

(Signed in original)


JAMES Cooper.
Sworn as above before me,
(L, S.)


From the LONDON GAZETTE, August 13, 1796,

Downing-street, Aug. 13. A Nexplanatory article to the

treaty of amity, commerce, and navigation, between his Majesty and the United States of America, was concluded and signed at Philadelphia on the 4th day of May last by Phineas Bond, Esq. on the part of his Majesty, and by Timothy Pickering, Efq. on the part of the United States; and the same has been duly marified by the two contracting parties.

Letter from the American Ambassador to the Court of London, Mr. King, to the American Consul, Mr. Johnson.

Baker-street, Sept. 10. DEAR SIR, 1 I HAVE just received a letter from Mr. Monroe, dated Paris,

Aug. 28, in which he informs me, that in consequence of the publication in the gazettes, of the letter from the minister of foreign affairs to M. Barthelemi, the ambassador at Balle, he had applied for information, whether orders were issued for the feizure of neutral vessels, and had been informed " that no « such order was issued ;" and further, “ that none fuch would be “ iffued, in case the British government did not authorise the · seizure of our vessels."

Supposing that this information might be useful to those con« cerned in our commerce, I have not delayed coinmunicating it to you, and wish you to be so obliging as to let it be known to such of our countrymen concerned in commerce as you may meet with.


Rufus KING. Yoshua Johnson, Esq. Conful to the U.S.A.

am, &c.



Friends and Fellow Citizens, THE period for a new election of a citizen to administer the

executive government of the United Sta:es being not far diftant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more diftinct expression of the public voice, that I should now apprise you of the resolution I have formed to de. cline being considered among the number of thofe out of whom a choice is to be made.

I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken without a strict regard to all the confiderations appertaining to the relation which binds a dutiful citizen to his country, and that, in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no diminution of zeal for your future intereft ; no

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deficiency of grateful respect for your past kindness; but am supe ported by a full convi&tion that the step is compatible with both.

The acceptance of, and continuance hitherto in the office to which your fuffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I conitantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last ele&tion, had even led to the preparation of an address to declare it to you; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea.

I rejoice that the state of your concerns, external as well as infernal, no longer senders the pursuit of inclination incompatible with the sentiment of duty or propriety; and am persuaded, whatever partiality may be retained for my services, that in the present circumstances of our country, you will not disapprove my determination to retire.

The impreslions with which I first undertook the arduous trust were explained on the proper occasion. In the discharge of this truit I will only say, that I have, with good intentions, contributed towards the organization and administration of the government, the best exertions of which a very fallible judgment was capable. Noi unconscious in the outset of the inferiority of my qualifications, experience in my own eyes, ..perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increafing weight of years admonishes me inore and more that the "hade of retirement is as necetrary to me as it will be welcome. Satisfied that if any cireumllantes have given" peculiar my services, they were temporary ; I have the confola ion to believe, that while choice and prudėsce invite me to quit the political scene, , patriotison does not forbid it

In looking forward to the moment, which is intended to terminate the career of my public lite, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my beloved country, for the many honours it has conferred upon mne: still more for the stedfast confidence with which it has supported me; and for the opportunities I have

thence enjoyed of manifesting my inviolable attachment, by fer: yices faithful and persevering, though in usefulness unequal to my

zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals, that under circumstances in which the pussions, agitated in every direction, were liable to millead, amidit


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appearances sometimes dubious, vicissitudes of fortune often dife couraging, in situations in which not unfrequently want of success has countenanced the spirit of criticisın, the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effe&ted, Profoundly. penetrated with this idea, I:fäll

' carry it with me të, my grave, as a strong incitement to unceasing vows, that heaven may continue to you the choicest tokens of its beneficence, that your union and brotherly . affection may be perpetualq that the free constitution, which is the work of your hands, may be sacredly maintained; that its administration in every department may be ftamped with wisdom and virtue; that, in fine, the happiness of the people of these itates, under the auspices of liberty, may be made complete, by fo careful a preservation and fo prudent a use of this blessing, as will acquire to them the glory of recommending to the applause, the affection, and adoption of every nation which is yet a stranger to it.

Here, perhaps, I ought to stop. But folicitude for your wel. fare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me, on an occasion like, the present, to offer to your solemn contemplation, and to recompend to your frequent review, some sentiments, which are the result of much reflection, of no inconsiderable observation, and ? which appear to me all important to the permanency of your felicity as a people. These will be offered to you with the more freedom, as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsel. Nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a former and not diffimilar occasion.

Interwoven as is the love of liberty with every ligament of your heart, no recommendation of mine is necessary to fortify of confirm the attachment.

The unity of government, which constitutes you one people, is also now dear to you. It is justly fo; for it is a main pillar in the edifice of your real independence, the support of your trapquillity at home, your peace abroad; of your safety of your prosperity; of that very liberty which you so highly prize. "But as it is easy to foresee, that from different causes, and from diffe. pent quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you thould cherish a cordial, habitual, and immoveable attach,

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