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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:]
'•
O U S C T I O N .
is urged in behalf of the claimant, that
now i n proof that the money was. adi service ; 6f a political narjient could not by the bffiers o f the treasury, be taken into considoraGause
lound to require po..•Kive proof of the application of thi ,moi ey
lertp credit M. Beaumarchais fot the
c ipenditure."
ANSWER.
W h e n t h e 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,
: ' n i t 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 miters Can be required to disclose the ob< of the service in which it was employed ; because it is a s«Qref which they ought
• to keep, and which M. de Vergennes declared 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 hesiI to strike the balance of Mr. de Beaumarchajsac
ithou-t comprizing in it
the said
aet found himself
.re opinion of his predecess
Ution of hi? powers.
If his opinion should* be in f'Tie affirmative, what risk would the United States
run in paying the Beaumarchais family—
because they wordd be certain of recovering
what they paid.
T o start a doubt, and yet draw from this
doubt a conclusion in your favor, is contrary 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. T h e 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 government that he is accountable. T h e solemn
declaration that the million was a gratuitous
gift to the United States, seems inconsistent with the supposition that it was not applied 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. .
H e has rendered this account.
The
king has approved it, and he has been discharged from it. T h e million was given
for a political secret service. W h y 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 always remain one) can. have no other object
than to favor the views -and to assure advantages t o the United .States, and m a y b e
denominated aid. And subsidy.
T h e present government of France has
made all possible research, in order to enlighten 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 intimateconvictfon, that this sum is due to M . de Beauais, that it has charged "its minister
03JP.CTI0N.
.o declare anew, that the
" K ( T W
inordinary th.it ad-' pJenipo
varc'K made in 1776., in order to enable an
given on tjje 10th jfurie, 1776, £o M,
to furnish warlikesupplies to the
de Btgumarehihj
ioas employed in a secret
United States, should have been considered
b y thf
;bvernrnent as an.expence for service, that an aesennt of it has been rendered to the king, and /improved by him, and that
a score, politic; ;
it V-VS not given en account of supplies furnishANSWER.
, Did the government of France keep it as ed by the said Beaumarchais to the United
secret from the United Stati
had gi- Stales.
ven permission ti
inarchajs to obtain
med)
TURREAU.
caniimi, muskets,,&C. from the king? No.
Washington, jfanuary 14, 1807.
W h j ' , therefore, would it have made a seFaithfully translated,
cret.of t h i s million, if it had been given lor
JACOB WAGNER,
the same article1; ?
Can itbesup,*>osed that the king gave a
Chief clerk, dep. state.
million to pay himself?
It will not be disputed, that at the epoch
MESSAGE.
of the treaty of 17;8, which united the two
Senate and house of Representatives of
powers, there,.remained no longer any secret To the
the United Stintes.
about M. de Beaunlarchais having before this
In execution of an act of the last session
time furnished cannon, muskets, &c. taken
from the magazines of the king. The arms of congress, entitled " A n act to reguof France engraved upon these pieces pub
late the laying out and making a road from
lished the si
Cumberland, in the state of Maryland, to
T h e convention of 1763, openly avowi d, the state of Ohio, IappointedThomas Moore,
that three millions gratuitously given by of Maryland, Joseph Kerr, of Ohio, and
the king, had been given before the treaty
Eli Williams of Maryland, commissioners
of 17 73.
to lay out the said road and to perform the
T h u s the destination of the million
other duties assigned to them by the act.
on the loth of June, 1776, must be 1.
upon as very extraordinary, and as a secret, T h e progress which they made in the execuand it cannot with justice bo debited to M. tion of the work, during the last season will
Beaumarchais, en account of his supplies.
appear in their report now communicated to
congress. O n the,receipt of it I took meaOBJECTION.
sures to obtain consent for making the road,
" I t is further objected, that M. de Beaumarchais, having fairly accounted to his own of the states of Pennsylvania, Maryland,
government, and to their Satisfaction, for and Virginia, through which the comtnis, proposed to lay it out.
I have rei:,e application of that million, must be
considered as discharged from any account- ceived acts of the legislatures of Maryland,
ability tO the United "States."
and Virginia, giving the consent desired :
ANSWER.
that of Pennsylvania has the subject still
Is it correct to say, that an accountabili- under consideration, as is supposed. U n t i l
t y is not due vi a third p;irfy not named in
I receive full consent to a free choice of route
the dffi] < t
in ?
through the whole distance, I have thought
If this pri J
be brought into
doubt, M. de P-eaumarehais, or raider the go- safest neither to accept nor reject finally, the
partial report,of the commissioners. Some
vernment'!' Fnmce says, M".
matters suggested in the report belong exhas received from me a million, forwl
is to account to me ; he has rend-,
clusively to the k-gislasiire.
count to me, I hav« approved it, and I have
TH. JEFFERSON.
git i n him i discharge;
T h e transcript
will demonstrate i
s well as the
REPORT.
justice of what lias ; i
cedi
T h e commissioners acting by appointCojpy of the- Receipt,
ment under the law of congress, intituled
" T have received from Mr. On Vergier,
" A n act to regulate the laying out and
agreeabjy'to the orders which liave bei
making a road from Cumberland, in the
t o him by the count de Vergenness, on the
5th current, the sum of a million, of which state of Maryland, to the state of O h i o , "
1 will render an account 'to my said sieur beg leave to report to the president of the
d e Vergennes.
United States, & to premise that the duties
" ; ' . t Paris, the 10th June, 1776.
imposed by the law became a work of greater
(Signed)
magnitude, and a task much more arduous
C A RON D E BEA U K A K C B AIS."
From whom did Mr. de Be umarcbais re- than was conceived before entering upon it,
from which circumstance the (Commissionceive a million, according to this receipt ?
From M. de Vergennes, by the hands of ers did not allow themselves sufficient time
tor the performance of it, before the seveMr. Vergier.
To whom did his own receipt, and the rity of the weather obliged them to retire
will of him who gave him the million, im- from it ; ( ,which was the ease in the first
pose upon him tiie obligation of accountweek of t h e present month December.
ing ?
T h a t not having fully accomplished their
To Mr. de Vergennes.
work, they are unable fully to report a disW h o received this account ?
charge
of the duties enjoined by law, but
M. de Vergennes.
W h o approved of the account, and gave. as the most material and principle part has
been performed, and as a communication of
M. de Beaumarchais a discharge ?
' T h e king himself, who gave the said mil- the progress already made may be useful
lion, and who ordered the destination of it. and proper during, the present, session of
T h e candor and the justice of the secreta- congress and of the legislatures ot those
r y of the treasury equally o p p c e, after
states through which the route passes ; the
t h i s exposition of the suid receipt the dejrtand of an account of the said million commissioners respectfully state, that at
from M. de Beaumarchais ; for if even the a very early period it was conceived that
account had not been rendered to the. go- the maps of the country were not sufficientvernment of France, no power, no person ly accurate to afford a minute knowledge of
(unless he was delegated tfi its rights by a the true courses between the extreme points
special power.) could demand it. ; for M. de on the rivers, by which the researches of
archais, by his billet) is made a debtor
thf commissioners were to be governed.
A
of the government of France ; and if it had
been otherwise, he might as well have been survey for that purpose became indispensit h e debtor of any other power, or of any ble, and considerations of public economy
suggested the propriety oi making this suroth.i :• person, as of the United States.
If M . de Beaumarchais were paid by the vey precede the personal attendance of the
U n i t e d States, docs the secretary of the commissioners.
; i hulk that, possessed of His original
Josias Thompson, (a surveyor of profesi could prosecute him before any
sional merit) was taken into service, and
oi justice, and hope to recover (be
authorised to employ two chain carriers and
amount contained in the said receipt ?
1 a marker, as well a; one van? wan atio!
pack-horse-man and horse, on public acj count ; the latter being indespensiide and
• really beneficial in acceleratin . (Jie woik.
I T h e surveyor's instructions are contained in
i the document N o . 1, accompanying this
report.
Calculating on a reasonable time for the
performance of the instructions to the surveyor, 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, reached that place until the 3d of that month, on
which day they all met.
T h e svrveyor having under his instructions laid down a plat of this work, shewing
the meanders of the Fotownmc and Ohio rivers, 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,whereby 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 preference 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 inhabitants 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 ascertaining the geographical positions of several
points entitled to attention, and the service
Suffering great delay tor want of another surveyor, 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. H e commenced as sutveyor on the 2ad day of September, 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. T h e proceedings of the commissioners are specially detailed in their general journal, compiled from the daily journal
of each commissioner, to which they beg
leave to refer under mark N o . 2.
After a careful "tid critical examination
of all the grounds within the limits prescribed, 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 j o u r n a l ; 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 Cumberland, to examine &. compare their notes
and journals, and determine upon the direction and location of the route.
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. T h e latter was
adopted, being',he shortest, and will be lessexpensive 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, ^ n d a more weighty reason for preferring the route by Gwynn's is
the great accommodation it will afford travellers from Winchester by t h e 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, supposed 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
t h e confluence of the north and sout.hbranches (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'
n o t speak from actual view", but cons
a subject well worthy of future investigation.
Having gained the top of Allegany
mountain, or rather the top of that part called Savage by way of Gwynn's, the general route as it respects the most important
points, was determined as follows, viz.
From a stone at.the comer of lot N o . I ,
in Cumberland, near the confluence of
Will's creek and the north branch' of Potomac river, thence extendino- alonp- the
street westwardly.lo cross the hill lying between Cumberland and Gwynn's, at the
gap where Braddock's road passes i t ; 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 Dunbar's rim to the west foot of that hill at a
point near where Braddock's old road readied it near Guest's old place, now col. Isaac
M e a s o n ' 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.
I n this direction of the route it will lye
about 2 4 1-2 miles in Maryland, 7 5 1-2
miles in Pennsylvania, and i s 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 advantages 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.
I t intersects big Youghiogana at the nearesf point from Cumberland, then lies nearly parallel with that river, for the distance
of twenty miles, and at the west foot of
Laurel hill, days within five miles of Connelsville, 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. T h e improvement of the Youghiogana 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. Theobstructions at the falls, and a rocky rapid near
Turkey-foot, constitute the principal impediments 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.
U n d e r these circumstances the portage may
be thus stated:
BY Till
KEvV-YO
r-.\.
1. 34.
,-: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* "•' furnish much interesting matteri-yviSRt will
be found in this day's Go::eite, ThS'rfi
from t h e seat of war on the continent is nolater ti'an by t h e EmeJine. It wiH ^affkd
our readers much pleasure to bear, t h a t Our
•affairs with Great-i'.iitaiu are in a v^ry favorable state. Mr. Briuie, a passenger, brings
dispatches for government, from our m i n i s ters at London.
HOUSE O F LORDS, Friday, D e c . ' ^ S .
The house met at 3 o'clock, & after h e a r ing prayers, was occupied until 4.0'eIocJk in
swearing in peers ; among whom we n o ticed their royal highnesses the prnice o f
Wales, dukes of York, Clarence, Cumberland and Cambridge, his highness the d u k e
of Gloucester, duke of Portland, earl of
Lauderdale, &c. <feci
At 4 o'clock, a message was seflt t o t h a
common;; by Mr. ftunnue, deputy u s h a r p£
the black rod, requiring their attendance a$
is majesty's speech ,
Tiie speaker soon'after appearedj»tt#nded
h y lord. Ho'vie iv
rjdatr, Mr. Alriifman Shaw, & sever-1 other members, w h e n
the foil twing n | °ech, w h i c h
the lords commissioners (.the archbishop of
' . ncellpr, earls W i n chelsea and Spencer) were Authorized r o d e liver in l-iis majesty's name,, was read-by t h e
lord cha leeJfor.
' " My lords and gentlemen,
"Hi
has commanded us t o assure you, 111 at; in the difficult and arduous
circumstances under which you aie now assembled, it is a great satisfaction to ltitn, t o
recur to the firmness and wisdom o f h i s '
parliament, after so recent an opportunity of
collecting 1
" His majesty has ordered the p a p e r s
have been exchanged in the course of
the late negotiation with France to be laidrbefore y o u .
'- His majesty lias employed every effort
for the restoration of general tranquility o n
terms consistent with die interests and h o nor of his people, and with that inviolable
goodfaith towards ids allies, by which t h e
conduct of this country has always b e e n
distinguished.
'• The ambition and injustice of the e n e m y disappointed these endeavors, and in t h e
same moment kindled a fresh warin E u r o p e ?
the progress of which has been a t t e n d e d
with the most calamitous events.
" After witnessing- the subversion of t h a
ancient constitution of Germany, and t h e
subjugation of a large proportion of its m o s t
considerable states, Prussia found h e r s e l f
still more nearly threatened by that d a n g e r
wli 'eta she had vainly hoped to avert by so
many sacrifices.
She was, therefore, a t
length, compelled to adopt the resolution of
openly resisting this unrerriitted system o f
aggrandizement and conquest. But n e i t h e r
this determination, nor the succeeding m e a sures, were previously concerted with his:
.majesty ; nor had any disposition been!
shewn to offer any adequate satisfaction f o r
those aggressions which.had placed t h e t w o
countries in a state of mutual hostility.
" Yet in this situation his majesty d i d
not hesitate to adopt without*;, delay, s u c h
measures as were best calculated to u n i t e
their councils and interests against the c o m mon enemy..
" T h e rapid course of the calamities;
which ensued, opposed insurmountable difficulties to to the execution of this purpose.
" In the midst of these disastrous e v e n t s ,
and under the most trying circumstances,
the good faith of his majesty's allies has r e mained unshaken.
T h e conduct of t h e
king of Sweden has been distinguished b y
the most honorable firmness. Between h i *
majesty and the emperor of Russia the h n p piest union subsists ; it has been c e m e n t e d
by recifirocal proofs of good faith and c o n fidence ; and his majesty doubts not t h a t
yon will participate in his anxiety to c u l t i vate and confirm an alliance which affords
the best remaining hope of safety for t h e
continent cf F/urope.
In this consultation the governing objects
were,
1st. Shortness of distance between navigable 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 capable of combining certainty of navigation
with road accommodation, embracing in.
this estimate remote.points westwardly, as
well as present and probable population on
" GENTLEMEN OF THE HOTJS* OF C O M M O N S ,
the north and south.
4th. Best mode of diffusing benefits with
" His majesty looks with confidence t o
least distance of road.
your assistance in those exertions which t h e
In contemplating these objects due attenhonor and independence of your countrytion was paid as well to the comparative
demand. T h e necessity of adding to t h e
merits of towns, establishments and settlepublic burthens will be painful to y o u r
Miles.
ments already made, as to the capacity of
feelings, and is deeply distressing to h i s
the country, with the present and probable F r o m Cumberland to Monongahela 66 1-2 majesty. I n considering the estimates for
F r o m Cumberland to a point in
population.
the various branches of the public service,,
measure with Connelsville on the
I n the course of arrangement, and in its
yap will best consult his majesty's wishes
Youghiogana river
5 1 1-2 by combining all practicable economy w i t h ,
order, t h e first point located for tiie route
was determined and fixed at Cumberland, a From Cumberland to a point in
those efforts which it is necessary to m a k e
decision founded on propriety and in some
measure with the lower end of
against the formidable and increasing p o w e r
measure on necessity, for the circumstance
the falls of Youghiogana, which
of the enemy.
of a high and difficult mountain, called Nobwill lie two miles north of the
" M Y LORDS A;JD GENTLEMFN,
ley laying and confining the east margin of
public road
43
the Potomac, so as to render it impossible of
" The long series of misfortune \ v h i c h
access, on that side without immense ex- F r o m Cumberland to the intersechas
afflicted the continent of Europe, coaldf
pence, a t any point between Cumberland
tion of the route with the Youghnot fail to affect, in some degree, m a n y and where t h e road from Winchester to
iogana river
34
important interests of this country.
G w y n n ' s crosses ; and even there the NobN o t h i n g is here said of the little Youghiley mountain is crossed with much difficul" But under every successive difficulty,
t y and hazard, and this tipper point was ogana, which lies near Cumberland ; the his majesty has had t h e satisfaction of w i t stream
being
unusually
crooked,
its
navigataxed w i t h another formidable objection ; it
nessing an increasing energy and firmness
wa* found that a high range of mountains tion can only become a work of redundant
on the part of his peopk?, whose uniform
called Dans, stretching across from Gwynn's population.
and determined resistance has been no l e s s
to Potomac above this point, precluded the
[To be continued.']
advantageous than honorable to themselves,
opportunity of extending a route from this
point in a proper direction, and left n o aland has exhibited the most striking e x a m p l e
ternative but passing by Gwynn's. The
to the surrounding nations. T h e u n c o n September term, 1806.
distance from Cumberland tc Gwynn's bequerable valor and discipline of his majesty's
R U L E D by the court, that all suits transing upwards of a mile Jess than from the
fleets
and armies continue to be displayed
upper point, which lies ten miles by water mitted from the general court to this court,
above Cumberland, the commissioners were under the act of assembly, entitled an act to with undiminished lustre; the great soui'#'..'>>
not permitted to hesitate in preferring a" provide for the organization and regulation of ot our prosperity and strength are uninipair-,
point which shortens the portage as well as 1 the courts of common law in this state, and for ed ; nor has the British nation been at anyI the administration of justice, and continued .hist time more united in sentiment and a c the Potomac navigation.
J court, under the rule to employ new counsel,
T h e point on the Potomac being viewed shall not continue longer than to the end of tion, or more determined to maintain i n v i as a great repository of produce which a the next cowt, under the said rule, and the olate the independence of the empire a n d
good road will bring from the west of Eaa- suitors interested therein,-are hereby required the dignity of the national character.
re] Hill, and t h e advantages which Cumber- to appear to the same in person or by counsel,
*' With these advantages, and with a n
land as a town has in that respect over an on or before the second day of next term, or
unimproved place, are additional considera- the same will be tried or discontinued, as the fnjmble reliance on the protection of t h e
Divine Providence, his majesty is prepared
tions operating- forcibly in favor of the j case m a y b e , during the said term.
Ordered by the court, that the said rule be to meet the' exigencies of this great crisis ;
place preferred.
I n extending the route from Cumberland, ' published in the Maryland Gazette, of Anna- assured of receiving the fullest support from
a triple range of mountains stretching polis, and the Federal Gazette of t h e city of the wisdom of your deliberations, and from
across from Jening's run in measure with Baltimore, once a fortnight for six months. '
the tried affection, loyalty and public spirit;
I}]i order,
G w y n n ' s , left only the alternative of layof his brave people,"
I
H
I
C
H
O
L
A
S
H
A
R
W
O
'
O
D
,
Clerk.
ing the road up Will's creek for three /rules,
October W.
<*2W13
Anne-Arundel County Court.