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The GEORGIA JOURNAL: AND Independent Federal Register. Dab. twice a wecli\ Vol. I.] grnp HE falc of the SLAVES, BOAT, &c. X belonging to the estate of John M'ln toih, jun. deceaft.d, advertii'ed for W’ednefday, the IJth inflant, is postponed (on account of the races, and no person attending) to Wed nefdav, the aid inst. when ilie iale will take place, at the Vendue-Houfe, in Savannah, at ten o'clock. DANIEL COURSE, AUC'TIONIER. Jan. 17, 1794- FOR SALE] A PERSON who is defiroils of retiring from the mercantile bulinefs, will dii’pole of his remaining flock in trade, in amount about £.1300, iirfl cost, confiding of ufeful and fea ionable goods, and well laid in.—They will be fold on very advantageous terms, and delivered either here or at Charleston, South Carolina, l or particulars apply to the printer. NOTICE. ALL persons who have demands againfl the late Mr. JAMES INGLESBY, are re queued to deliver them to the fubferibers, pro perly attested ; and those indebted tofaid estate art deiired to make immediate payment. ELIZABETH INGLESBY, adminiflratrix. THOMAS HILLS, adminifirator. Savannah, December 11, 1 79 3* NOTI C E. CONSTANT attendance will be given at the fubferiber’s office, for receiving pay ment of the taxes, until the lirfl day of March next :—All taxes unsettled by that day, will be lev Jed unon. without cllferimination. I ’ ER-ajnulS COCRVOIiir, I.C.C. C. Savannah, “January 14, 1794* Ladies’ Shoes and Gloves, ’THHE fubferiber has just received, per the 1 fioop Lark, captain Austen, from New York, three chests of well-aflbrtcd ladies’ fine and coarse limes. Alio, a box of .habit and long gloves, of the fir ft quality : which will be difpokd of on the low est terms, for cash or nee. HENRY PUTNAM. Savannah, Jan. 18, 179 Two Guineas Reward. RAN-AWAY, on the 16rh December ult. a Guinea-born Negro, called POLLYDORE — ; about five feet two inches high, speaks Eig hth very rapidly and impcrfeiftly; formerly the property of Mr. Abraham de Lyon, of this city.—k is supposed that lie has taken refuge somewhere near Qgechee, where he is (aid to liav£ a svife. —Whoever apprehends laid Ne gro, and lodges him in gaol, of delivers him to the fubferiber, fhaii have two guineas re ward, and all reasonable charges JOHN MOORE. Savannah, Jan. 14, 1794- W A N T E I), From 30 to 50,000 \V HI 1 E OAK STAVES and HEADING. HENRY PUTNAM. Savannah, January It, I7; 4* ‘"ITIE fubferiber takes the liberty to ac- X quaint the planters and the public in ge neral, that he continues to prolecute the FACTORAGE & COMMIS SION BUSINESS only , and hopes, from his affidtious eudeavours, to promote the interest of those who may favour him with their commands—His stores arc as convenient for the reception and security of produce as any in this city. gjp Order's from the country will be punc tually attended to. ROBERT WATTS. Savannah, December 28, 1793- Received, per the Jnvw Minerva t captain Save!, direct from Cork , A SMALL consignment of BLS 1 IRISH LINENS, and for sale by the fubferiber. Who will charter said vctlel lor any pdrt in the Weft Indies, if applied for soon. Sue is strong, and well calculated for lumber, or any •■her cargo. HENRY PUTNAM. . “ WHERE LIBERTY DWELLS, THERE IS MY COUNTRY.” —Franklin. SAFANNAH: PRINTED BY JAMES CARET , ON THE BAY, NEAR THE COFFEE-HOUSE. WEDNESDAY, JANUARY 22, 1794. Mr. JEFFERSON’s LETTER to mr. MORRIS. [Concluded from cur lap ■ ] 3J. Mr. Genet, in his letter of July Qth, re quires that the (hip Jane, which he balls an linglilh privateer, (hall be immediately order ed to depart; and to juftify this, he appeals to the 2zd article of our treaty, which provides that it llial! not he lawful for any foreign pri vateer to lit their ships in our ports, to fell 71 lb at they have t, den, or purchase victuals, Si c. The Hi ip Jane is an English merchant veil'd, which has been many years employed in the commerce between Jamaica and thele states. She brought here a cargo of produce from that island, and was to take away a cargo of flour. Knowing of the war when she leit Jamaica, and that our coast was lined*vith fniall French privateers, (lie armeu for her defence,and took one of those comrr.ilfions ulually called letters of marque. She arrived here iafelv, without having had any rencounter of any tort. Can it be net diary to fay, that a merchant vefiel is not a privateer ? that though flte has arms to defend herleli in time oF war, in the courfeof her regular commerce, this no more makes her a privateer* than a hufbattdman following his plough, in time of war, with a kniic or pistol in his pocket, is thereby made a mldicr ? Ihe occupation of a privateer is attack and plun der; that of a merchant veiled is commerce and , fclf-preftrvation. r l lie article excludes the former from our ports, and from felling •üb.a Joe bit taken , that is, what (lie has acquired by war, to fliew that it did not mean the merchant veil'd and what flic had acquired by commerce. Were the merchant velTels coming lor our pro duce, forbidden to have any arm; lor their de fence, every’ adventurer who has a boat, or money enough to buy one, would make her a privateer; our coasts would swarm with them, foreign velTels mu ft cede to come,oar commerce i” ~ I’ • * *.rti \\ our hands, or at le.ift that great portion oi it which we have not velTels to can y away, our ploughs must be laid abide, and agriculture lufpended, This is a l'acrince no treaty could ever contemplate, and which we are not dil pofed to make out of mere complaifancc to a falfe definition of the term privateer. Finding that the Jane had purchased new carriages to mount two or three additional guns, which flic had brought in her hold, and that flic had opened additional port holes for them, the carriages were ordered to be relanded, the ad ditional port-holes flopped, and her means of defence reduced to be exactly the fame at her departure, as at her arrival. This was done on the general principle of allowing no party to arm within our ports. 4th. The 17th article of our treaty haves arm ed velTels'free to conduit whitherfoever they please, the {hips and goods taken from their enemies, without paying any duty, and to de part and be conducted freely to the places ci prefled in their commillions, which thecaptain ilia!! be obliged to fliew. It is evident that this article does not contemplate a freedom to J*H their prizes here, but on the contrary, a departure to fome other place, always to he expreilcd m their COmmiflion, where their validity is to be finally adjudged. In iuch case it would be as unreasonable to demand duties on the goods they had taken from an enemy, as it would be on the cargo of a merchant veil'd touching in our ports for refrefhment or advices, and against this the article provides. But the armed velTels of France have been also admitted to land and left their prize goods here for con luntption; in which case it is as reafonahlc they fliould pav duties, as the goods of a merchant man landed and fold for consumption. They have, however, demanded, and as a matter of right, to fell them free of duty, a right, they lay, given by this article of the treaty, though the article does not give the right to fell at all. Where the treaty does not give the principal right of felling, the additional one of felling dutv free, cannot lie given : and the laws, in admitting the principal right of felling, may withhold the additional one of felling duty free.—lt must he observed, that our revenues are railed alrnoft wholly on imported goods. Suppose prize goods enough fliould be brought into supply our whole consumption. Accord ing to their construction, we are to lose our whole revenue. I put the extreme case, to evince more extremely, the unreasonableness of the claim. Partial supplies would efFeCt the revenue but partially. They would lefieu the evil, but not the error, of the construction: and 1 believe, we may fav with truth, that neither party had it in contemplation, when penning this article, to abandon any part of its revenue for the encouragement of the fea robhers of the other. sth. Another source of complaint with mr. Genet has been, that the pnglifli take French goods out Os American veftels, which he lavs is again ft the laws of nations, and ought to be prevented by us. On the contrary, we ftippofc it to have been long an eftablitlied principle of the laws of nations, that the goods of friend are free in any enemy’s veflel, and an enemy’s goods lawful prize in the vefi'el of a friend. Ihe inconvenience of this principle, which fubjedla merchant veftels to be flopped at lea, searched, ransacked, and led out of their courfc, has induced levera! nations latterly to ftipulatc against it by treaty, and to lubftitute another in its stead, that free bottoms lhall make free goods, and enemy bottoms, enemy goods; a rule equal to the other in point of loss and gain, but less opprellivc to commerce. As far as it has been introduced, it depends oh the treaties stipulating it, and forms exceptions in special cases, to the general operation of the law of nations, Wc have introduced it into our treaties with France, Holland and Prullia ; and French goods found by the two latter na tions in American bottoms, are not made prize of. It is our .xviflx to cftablilli it with other nations. But this requires tiieir confcnt alio; is a work of time ; and ill the mean while they have a right to aeft on the general principle, without giving to us, or to France, cause of complaint. Nor do I fee that France can lose by it on the whole. For, though flic loics her goods when found in our veftels, by the nations with whom we have no treaties, yet the gains our goods, when found in the veftels of the fame, and all other nations : and wc believe the latter mass to be greater than the former. It is to be lamented, indeed, that the genera! principle has operated lb cruelly in the dreadful calamity which has lately hap pened in St. Domingo. The miserable fugitives, who, to lave their lives, had taken af) lum in our veftels, with luch valuable and portable <1 ‘••• as could he nathered in the moment, out o: the allies of their houses, and wrecks oi their fortunes, have been plundered of these remains by the licensed sea-robbers of their enemies. This has 1 welled, on this occasion, the disadvantages of the genera! principle, that “ an enemy’s goods are free prize in the veftels of a friend.” But it is one of those de plorable and unforeseen calamities to which they expose thcmfelves, who enter into a Hate of war,’ furnifiling to us an awful lefton to avoid it by justice and moderation, and not a cause or encouragement to expose our own towns to the fame burnings and butcheries, nor of complaint, because we do not. 6th. In a case like the present, where the mifiionary of one government construes differ ently from that to which he is sent, the treaties and laws which are to form a common rule of action for both, it would be unjust in either to claim an exciufive right of conftruiftion. Each nation has an equal right to expound the meaning of their common*rules; and realbn and usage have eftahlilhed, in luch cases, a con venient and well understood train of proceed ing. It is the right and duty of the foreign millionar■ to urge his own conflructions, to support them with rcafons which may convince, and in terms of decency and reipcet, which may reconcile the government of the coun try to a concurrence. It is the duty of that government to lifteu- to his reasonings with attention and candor, and to yield to them when just. But if it fhaii (fill appear to them that real'on and right are on their fide, it fol lows of neceflity, that txerciiing the sovereign powers of the country, they have a right to proceed on their own conflructions and con clusions as to whatever is to be done within their limits. The minister then refers the case to his own government, asks new inftrmftions, and in the mean time acquiesces in the au thority of the country. His government ex amines his conflructions, abandons them, if wrong, in lifts on them, if right, and the case then becomes a matter of negociation between the two nations. Mr. Genet, however, aflumes anew and a holder line of conduct. After de ciding for himfelf ultimately, and without re fpeift to the authority of the country, he pro ceeds to do, what even his sovereign could not authprize, to put himfelf, within the country, on a line with its government, acl as sovereign of the territory, arms veftels, levies men, gives commiflions of war, independently of tlient, and in direct opposition to their orders and ef forts. When the government forbids their citizens to arm and engage in the war, he un dertakes to arm and engage them. When they forbid veftels to be fitted in their ports for cruizing on nations with whom they are af peace, he commiflions them to fit and cruize. When they forbid an uncedcd jurifdiclion to be excrcifed within their territory by foreign agents, lie undertakes to uphold that exercise, and to avow it openly, The privateers i Citoyen Genet and Sans Culottes, having beert fitted out at Charleston, (though without flic permillion of the government, yet before it was forbidden) the prcftdvnt only required they might leave our ports, and did not mter lerc with their prizes, iiifi&ui, however, of ■ heir quitting our ports, the Sans CulotteVrc mams Hill, ftrengtheuing and equipping, her- Jeii, and the Citoyen Genet went out only to cruize oil our coast, and to brave the authority <ft the country, by returning into port again with her prizes. Though in the letter of jiuie .ytlx, the final determination of theprefi dcut was communicated, that no future arma ments in our port fnould he permitted, the V ainqucur de In Baflile was afierwards equip ped and comniillioned in Charleston, the Anti- George in Savannah, the Carmagnole in Dc lawai.', a schooner and a Hoop in Boston, and Uu: 1 oily, or Republican, was attempted to be equipped in New-York, and was'the iuljccft of reclamation by mr; Genet, in a rtyle whieix certainly did not look like 1 clinquithing the practice. The l ittle Sarah, or Little Demo crat, was armed, equipped and manned, in the port of Philadelphia, under the very eye of the government, and as if meant to inlult ft. Hav ing fallen down the river, and being evidently on toe point of departure for a cruize, mr. Genet was desired, in my letter of July 12th, on the part of the president, to detain her till ome enqmry and determination on the case fnould he had. Yet within three or four days alter fiie was sent out by orders from mr. Ge net lnndelf, and is at this time cruizing on our coasts, as appears by the protest of the master of one of our vessels maltreated by her. 1 he government, thus insulted and set at defiance by mr. Genet, committed in its duties"’ and engagements to others, determined still to lee mthefe proceedings but the character of the individual ; and not to believe, and it dots not ici.cvc, that they are by inftnnfti .ms frt .1 ids employers. They had allured the Britilh ini ‘.i .. line, that the veftels already armed in tne-ir ports ihould be obliged to leave them, and that no more Ihould be armed in them. \ct more had been armed, and those before aimed, had either not gone away, or gone only to return with new prizes. They now inform ed him that the order for departure Ihould be enforced, and the prizes made contrary to it fmnud be rtflored or compensated. The fame thing was notified to mr. Genet, in my letter of Augu 7th, and, that he might not conclude the pronofe of compcnfation to he of no con cern to hmi, and go on in his courses, lie was lemindcd that it would be a fair article of ac count against his nation. Mi. Genet, not content with ufintr otir orce, whether we wii) or not, in the military me, against nations with whom we are at peace undertakes alio to direct the civil government’ and particularly, for the executive and lemf -1 tuie bodies, to pronounce what powers inav, or may not, he excrcifed by the one, or tlie other I bus in iiis letter of June Bth, he promises to refpeeft the political opinions of he president till the reprefeniatives Jhall have con i'ejeSed them: as if the president had undertaken to decide what belonged tothede c 1 lion of congrcfs. I n his letter of June the ‘ 14 belays more openly, that the president ought not to have taken on himfelf to decide on the iubjeift of the letter, but that it was of importance enough to have consulted eongrefs t itreon : and in that of June 22ii lie tells the pi efidcnt, in direct terms, that congrcfs ought already to have been occupied on certain ques tions which he had been too hafly in deciding : thus making himfelf, and not the president, the judge of the powers aferibed by tlie constitu tion to the executive, and dictating to him the occasion when he ihould exercise the power of convening congrcfs at an earlier day than their own a est hid preferibed. On the following expressions, no commentary ihall be made. {lp the original the/e paffaget are quoted in French , and the transitions giv, n in notes ; me here sub- Jtitute the tfanfiatioi.t , as anf-.vering every pur pose to our readers, and at the fame time favini room for something more important .J J u h 9- ‘ ‘fhi philosophical principles proclaimed by the prefident.’ June 22. ‘ The opinions private tr public of the 1 president, and this eg is not appearing to you fuffscienif June 22. ‘ The federal government has been ear, r, urged by I know not mbit influence.’ June 22. ‘ I cannot aferthe meafares of this na tui e, but to extraneous imprefjions, over which tin. e and truth will triumph.’ June 25. ‘ They putfue with 0 ige the French privateers, by the orders of the prejub ni.’ sane la, * This refufal tends to accompli fl ‘ ’ ‘ • fernal fyfletn of the king of England, and ,„e oil. .r 1 I Ungs, his accomplices, to flftioy, Iv jaUine, French freemen and freedom.’ [6 ana. [No. 15.