The Raleigh Minerva from Raleigh, North Carolina • Page 4

Mississippi, including the island nd tbwn bf New TTT "Britikh croizewr1-' ereochanrl restored snatched fibni: ln -a: th4 vm i itwwih title of the United Stated ta West- Tht 'the United at far Orleans, Spain became possessed of. Louisiana the aamer extent it whenFr ane. posh th rftrrectness arid exbediericV jot ,1 lately jaooptea px-incrrcsiucni the, treaty of ti: Ildejtonisobf the first of Octohef, 1800, beufe'en Frihce 1 and' Spain, the The fTirtTwgnedJigParU' on ihef loth of February bf that yeari vracpricjude -between ihe king 6t Great Britain, the king of France ahl the kine bf SDiin By the 7lh article bf thi treal- i lfrht important and wroemvu wour nea latter cecled to France the cblony bf province of fl the most Christan kibglpf jfrattcf cedes, il V' L. 1.1. tfiat of the British coiidemnation illegalwhich have takefT place duriaSH I As it regards the.

operatibn? tish paval power upon our neutral cornrnetl ate to a large now losers in a much less degree than have been, had the Bish" obeyed orders Hi no case' whatsoever to J5 with In American vessel. On the other i rrench government, ever sinte MaiabcUd andViispassibnate Km fife" irt (ntfmation of; any intention pf the go. -lyefnnt td'take possession of Weitf lorida, was; i itauied in we president's rbesaageV Itbecorhes upor tan y-th at there be an e.u-1 fcnr all we. rhiicsty. th fiver and -'port htjUMtbUf.d the tame extent that it then hid in thbhndsof addthat" it bVd when France possessed it and sucfr as it should pe after the treaties subsequently entered into between Spain and other states "ievery thing1 which he 6'ught tbpbs AW side bf the rive? MMs and second of thesedescribed extents' amount to the same thing;" for, as Spain did ac have proceeded irf one uniform "an.f LAJ 1 siiV except the town of the New Orteansand the Island' in whichit is situated, which shill retrain to By the 30th trtcle of the bii vc' itignt to that part of VVest Flonaf as Jar Perdido bv the: cession by Trance of Lou- tually possess Louisiana, at the date of the treaty of St, Ildefbnso, in the sameextcnt it had isiana in i 803, 5 disposed 1ovMy much a- same treaty hi Catholtc iiamMi majesty cedes and, guarantees, iii full right, to lis Bri tannitk Florida, with fort St.

Aucus- when France possessed it," it follows, of course-, jiZU sequestration, and confi gj of alj the American property coming i'wLkiT' reach, during the wliole of which time, tch thiiiig as restoration, even in' a sojitary case i hardly occurred, and in some instances imperial edicts, for the confiscation 'of'-pwfc? cargoes, have been issued, when it was foundh? that "she retroceded it to France with the saint extent, to wit to the Mobile (eastward) certain. 4 tine and the bay of Pcntbcola, as well as all that "Spain possesses oh the continent of -North Aroe rica, to the east br tfte south-east of river ly, and, disiutqily, from the Mobile to Pcusacola, the dividing line of which disputable part is the Perdido. i We have, then, only to consider what treaties, 1 the expedieicy.vbf njeasurebut i tttrumeht did iiot, vest tn the title to thaVffact territory su rely tfcersobner, the steps, taken by ttjlfiresident are retraced the better-iU, i 1 d'sot reore fJoridV was previous to jthepeacem Wdd; the wet3byv the tattled Spaniard -WhWpfinCiipatVeltUnftftM ln Fensacola. asjtof the Pai'tuRin Line, "Mississippi." 't Thus, it appears that France claimed, with ctr tamiy, a farcJ from the Mississippi as theJib 01 JjJ ral orders for plundering the American, all. that riredato! b-oWrnmenK between Spam and4 other states, entered into be blh i whilstSpain, with equal certainty, claimed as far west towards the Mississippi as the bay of JPentacola botb referring, at the same time timer jjouisima in, inai 4vi seiucniciu We must keep in mind, that this third descrip-j robbed will be suffered tq become a subiectoffo tioh of the extent of the colony or province, was and river, n'y uture negotiation between the negotiation between die stated in a treaty (of St.

Udefonso) between Spain and France, before the United States became the IH TV L3t VI VilV aujv Tiv the treaty of neae'e between Great Britain, Durchaser of Louisiana: because this fact is ma In this slatef things, arid with diesefjtt-ficialiy before our government, the presid'intV the United States issues a proclaniaUon de'clan'iie that France wholly abstains' from violatme 6u? dated- the lOih; of February, 1763, France ceded to Great TJntajffthe river terial to explain whatis meant by the phrase trea "arul oart ol Mobile by name arid every, thing she to inuennite possessions in yxxw- quancr, which might, or ought to belong to the one orjthe other. The only portion of theterritorynot specifically expressed by the words of the treatyof 1763, is that between Pepsacola aidT Mobile In relation to this, the boundary had nfever been precisely adjusted both France, and Spain claimed portions of it and the French, as incidental facts will prove always considered the Perdido as the least extent of Louisiana eastward i At all events, th Perdido, which is bet-vein both Mobije and Pen-sacola, (the intervening territory being disputable as the precise boundary) is fairly taken by the iicunoi uui uiui sucn is me violence committed upon our tights by Great Britain mi, require an absolute prohibition of all coramcijl possessed, 'or ought to possess, on the left bf east i'of the Mississippi except the town of New Or-leans and the Island on which it is situated; which as reaened to France. T. lu.cisHursc uwpwecu me iwo nations Still thtrtt, i 11 By the'sanie treaty' Spain ceded to Great En- tain by'amcV For St. Agustineand the Bay of are men among us, some oi tuem of talents influence, who have so little regard fcrtruloc decency as to pretend to believe that our govtm peHsacola, as well as which, pain possessed onvthe continent of North America, to the east or mem are acung wun canaour and lmpartislii to inJ soutn-east Qt.ine Mississippi i uy tiiis treaty Great Britain became possessed of all the country containing (now) th? whole pf East and Florida and no other power owned a foot of State of North Carolina.

s- 'fonf iotanrl IChiv Orleans, which was reserved to France. It is said that France about this time, ties entered into between Spain and other states." Now the only treaties that Spain ever made affecting Louisiana (excepting that of Udefonso, by Which she dispossessed herself) were the following: t. That of 1762, by which she acquired West Louisiana 2. That of 1783, with Great Britain, which put her in possession of all the ter ritory that France had possessed as Louisiana and, 3, That of 1795, with the United States, which fixed the southern boundary between the Spanish provinces and the territory of the Union. The two Crst mentioned treatiesnamely, OP1762 and 1763, in relation to Louisiana, ceded territory to Spain, and therefore could not curtail the ex-lent of the colony and as to the treaty pi" 1795, whatever it ceded to the United States remains to them, and with respect to the United States could not diminish Louisiana.

This latter treaty, however, is the one alluded to in the treaty of St. Udefonso and it is very natural that Spain, in ceding to France, should reserve what had been guaranteed in a compact with a third power; particularly as France, when formerly in possession of Louisi. ana, had certain claims in relation to our southern boundary, which, in the treaty of 1 79 Spain bad adjusted. The limit under the, title acquired by France in the treaty of St. Udefonso, being thus clearly nd fairly made out France having in the treaty cf ApriFoOth, 1803, ceded to the Cnited States the same territory, with all its rights and appurtenances, as fully and in the same manner as had acquired it from Spain and the Spanish Igo-verhrntrit by the official letttr of Ceval.los to Mr.

Pinckney of the 10th of February, 1804, having formally 'acquiesced wiih fhe cession of the colony by France to the United States, agreeably to the terms of the treaty of April 30, 1 803 our title is just and indisputable, and any'man may draw' hi swrd in vindication of it with a clear copscience. Franklin County December Sestisnyt Fanny Vincent, widow 8c re-" lict of David Vincent, dec. vs. fPelitionfortfovir, The Heirs of David Vincent, 1 A dec. 3V; THE complainant by her constni came into court, and it appearing to the couit, that Dhiry Vincent, Theophilus.Rpss4 and.

Rachel bis wife, Douglass Caroll and 'Betsey George Ridiards and Lydia his wife, and Ezekiel Vincent are non-residents It is therefore ordered thai publication be made in the Raleigh Mintrit, tiit unless they appear before the justice of our cflprt of pleas and quarter sessions to be held for the county aforesaid, on the second Monday tn March next, and plead, answer or demur, that" com a private treaty which hasv never been made public, to painUhe colony. or province of 1 Xouisjana, as then owned by the former. Great Btitairi after the abbvementioned treaty of 1763, dividtd all the coumry east of New Orleans into Aif governrpents calling them East a-ul West Florida, jnakin the bOQudury between them the jlfialachicota instead of the Pet-dido. In our late revolutionary win viz. in Spain from, Great Britain West Florida, which with East Florida, -was, ceded' by Britain td Spain by the treaty of peace in 1783.

By the treaty of the 20th of April fiance the Louisiana, at it was --ceded by Spiirttos as 'described in the treaty oi'lldejbmo dated 1st October 1800, as fol-'1' ui lows, i SpaliV retrefcecs td' France "six months TT after the full, and ebiire execution 6f the condi- 4 tiansand stipulations herein'relAtivei to his royal highness the Dyske of Parma, the Colony, or Province of LouibianaTwith the same tejot that in the hands of Spaiib and that it had when Franc? fiotseesed it, Cc such as it should be after'the treaties subsequeBtly entered into, and between France- then ceded it United States as the real old dividing line between the French and possessions in Florida And Louisiana. This question must be decided by evidence of settlements Tby the one power or the other but as faras Mobih- is designated as French property, in the treaty of 1763, as quoted. Lit it be well observed, that the Spaniards in ceding to Great Britain'in 1763, use the term Florida only. Nor does -the king of France call the' 'part he cedes JYest Florida Jut designates it by the river and port of tht Mobile, and every thing which he possesses or ought to possess on the left East' side of the river Mississippi, ex cept the town of tie New Orleans, aqd the island in which it is situated." Now, there is no man that denies bwt that lew Orleans is in Louisiana arid as the river and port of the Mobile are mentioned in connection with NewOi.le'ans, asjartof tha same territory, ivithaut any distinction, there cun be no question that Louisiana extended as far east as the Mobile; and as Spain, on her side, named no other place towards the Mississippi, farther than Pensaccla, the territory between those two places was cLimed by both the Frenchand the Spaniards, and is alluded to by both those powers in the treaty of. 763, in the words possesses or ought possess," fee.

Fraijce, is noteious, claimed any ter. ritory by" the denomination of Florida but she did claim the territory nowtlenomiriatcd West. Florida, with certainty, asjar -afthel 'Atobitei How do I prove it? By the treaty bf lT3 for it clear that'FrjBce could i.ot hav la wuilljr ceded what belonged to Spvirt inor wjSuld GreititU tain have accepted from France cession of the territbryVof Spaip, especially Avbten Spain was openly, a party to the same treaty, "fin the treaty bf 1763, Francein the 7th 'article cedes- her part, and Spain, in the -20th part. Would they both have ceded, in presence. of each other, what is now called.

West Florida, if Spain had Uteri the' sole proprietor i The very cession, in separate articles of the same featy, proves they each had yighs, and, what ia more, it proves that Great Britain thought so too or why would sherequireacessiorufroniear.il? What further corroborates thest plainant's petition inrill be taken pro conlesso, ps heard ex parte as to them. i. Teste, 70-3t. G. HILL, State of North-Carolina, GiANVILLK COUNTf Suierior Court of Law, September Ten) Vaughan Sc Original attachment as fullyahd in tbe same manner, as it has been vs.

ed in the hanctsot rJi. John Snencer I Burton. J.Uamilton; Washington City, Jan. 5. acquired by her in Virtue of the said treaty with t'Soain.

'I have all' the evidence upon this WHEREAS it appears to this qourtibe OuHnforrnation from the Mobile, on pur south fendant in this cause is not an inhabitant State, ordered that publication be. mfle iD Raleigh Minerva for the space of three monll that unless ihejle fendant appear at the next terr of our said couct, on the first' Monday of Marc- ern frontiersjs down to the 1 2th December. KwiipcrLanuhU oiicers have returned to their homes Col. John Caller arid J. Kennedy have been airesteidjand bound over by the civil On the evening of the lOthtiktan attack was made on a small body of KempeWnen, about thirty in number, by the commandant at-Mobile, with about one hundred Spaniards, rnmmandant Siirbrised them L'bout 1 1 o'clock at I jmportant ftnd interesting question which has come i tomy knowledge as fully as I have meant to state tJ What thp.n.are' the undeniable inferences from They are, 'v Jsfc.

That France the time of her cession to '4 Spaini owned and possessed east of the Mississippi, u'v'v only the town of New'Orleans and the Island on I -v which it was situated. 'Zf "2d. That Spain 'having obtained all the country eastofJNew, Ofleans-froniUreat BritainT she-can-not be, said to have retr'p ceded to have ceded back next, replevy pi-operty and plead to issue, ju1 final will be entered against him. Witness, WILLIAM M. htrKtinltwrrthe ctniiiiefa nnewfilieae" the: remark of 4ha -atiUioFsupjJsed-to bewEtM SECOND CLASS troops before he asdiscovtred.

Kemper's parly was completely routed, four or, live kilkd, three 4 mund Burke) of te Hisiory ol t.he. VVar the treaty of 1763 and cesVion of tht: territory' in question, published in the Btflish Annuat Ue. a pfj7 a OTTERY. to France what sheuever obtained from htf. Fnfice by the treaty of Hdefonsb, acquired by the" retrocession ig more th he woundefl, ana seven prisoners, wjrn their little all of miiitary, s'orcs.

The Spaniards lost gister for. the yejr 1762. treaty) gave tftwn-ml island rf New Orleans, and as Fiance. us." sava the ot ter! fiinr rt.en Fear-LUery-wilLcornmciKeony January next, anl continae tot95 tivd im hide ivhy thd treaty of April, 1303, ceded no more to ntory, which the French vsed i the United States, than she obtained from Spain It was leported at Mobiie at the l.k dates, that a number of troops re on their way i'rom -Baton Rouge to Mobile. It was the general opinio there, ha the po- rx' vt T.T.

tier NjVlE'i the conclusion islirresisiible, that the United the name of Page 56, voi. 5. The. 'Florida) were never dii. terms fast and uniil the 7ih juy cf October 1763.

It was then efftctul ty a. proclamation of directors ot inc leep aim f.uiiB mtnt Pi Wer, "i S'aT-by the purchase of Louisiana, acquired only that town and "Utand east of the Mississippi, hrernor would without hesitation, deliver Lottery, flatter themselves that the Jo the British king, inxonnquehce ofcth extent If I am mistaken in any of the facta which I S. hcme is so olain and fair, that tt eT 5 have sta'ed, pr the ir.urente which I have deduc- sive and valuable jn Arati ica, seicur- rlrpfa Will he planation. ntlem 1 I slwU fee myatlf.rjueft ilJigedio ariy.ri!er, ltd to his crown by fnhi ye-. "treaty, of peace' 1 Who is better acquainted wiyi uoject tkam nil hue to any officer ol the U.

Stales, wqo would receive possession' bf P' yr rrc'IfajtiNfcetired a letter from a -gtntltj man of respectabilftty ct Natchez, Mississippi rrritory, fiom whjich, we. extract the following important intelligence of '76. tatting ten i cap rect me. -'The grea intee6ts and probably the the drawing is iu be received in "X- CQjicludcd at4'a'ri3 the lO'It Vhat is to say, the 'iciy by which prance and. Spain ceded the terriiorj- to G.

This proclamation on the caotinent of America4breew gwernmeivts, -owitl the Government Quebec that, of and that of Wes Florida'. The latter is designated in the following terrns Natc 12th, Dec. 18 1 0. en- rlnllnrs is COOO do-': Rio. to tiur claim, shpuld be thjf jnov.espf the executive, in adopting the mea- ure he has.

But is there not some danger that i i 1 oiir cliirn shguld' finally prove fallacious, what f'fr-'-'' Ibiay aggravate the difficulty in 100 of 50 20 do. of 20 do. We have just received unpleasant intelligence 3 vw is IsfiOO tklls- ii eobo 3f 7200 Df from. Florid a. The people refuse to coma undci- of 10 do.

cf 6 do. do. do. 1v Thirdly, the government of W. Fioi Ula, lound-' 00 1200 the, American govetnment, and it is ed 16 the southward by the Gulphv eluding all island within, six leagues from llu; apprehended will ensue.

The reports that have reached us, are in that governor ClaU borne landed at th mouth of Bayo.u Sara, and 2250 prizes, coast from the nvtr Apilacnicola to lake Ponchar-traiq to the. west ward by. the saic lake, the lake i are unnappuy mvoi veo wiui one or ine bebf ihe. jprViii belligerents" recurring to the correppndencef between our minister fit Paris 'j and the IJrtncri I think jWr. Talleyrand) before (congres at the session of .1 8056 wililbe that the Viiw'eV a question, asked him what would be the consequence if government should take pos- Maurepas," 8c the jl'iVer Mississippi to the northward, a line drawiii due east front that jparl of the river Mississippi whicti lies, in 31degrees, went up to the town of St.

1- rancisville, half a mile he raised lhev American flag1, and "made a speech to the As soon as he ceased speakingi General Thomas replied, and aftr a long harangue, in yhich he Stated that north to the river Apilachicola or Cata: 3750 blanks. 600O Tickets at 5 dollars each The first drawn a 50 blanks Will fcc of the prizes of 6 dollars each. 5 Subject to a deduction oFl.5 per cent. WW: H. Branch jrchihald the protection of the United States had been re.

Wes Flcrida by, he; answered, 1 'tht f. uv. pan wun opaini, nave we any iucai mem uniu wsjs iuuuj iney oia not dieyigTifb tralyriaeletfic proclamation of the president a declaralion.of war. lie closed by saying he would go Jro tbivJPort of Baton Rouge, and before he would sdrrenwHt, evidence that Fi ance has since faltered, her deter-Toinatipn if hasv nor vinks at, and hoqehee and to the eastward by theaaid river." Annual, Wgister for 1763, vol. 6, page 209, Hbnce it appears that west Flondat.was a province of1, British institution, formed out of a por, tion of Louisiana ceded vtb them by the French and put of a part of what the Spaniards ceded; arid what they ha cofttestibly proves thauWest Florida waa trected into a separate governmentindependent of French indeed approvestbiT thetep we have are I aveltev 1 e.

IMOV. i he would bury himself in itsruins. then siire thatGreAtlBritai4.the! present? ally and icbdtq not feel 'herHelf boundbjf ho-ft bf-i9 6h treaty to cuaramee of Spanish limits, is the boundary assigned to it mounted his horse and departed, A day or wo after, governor Claiborne went to Baton Rouge, with a compfany of regular troopsT and talsed the. American flag. nTe people tore it ami raised on the staff the flagof independence.

This jiui yuiy ine ttucKviiyorine leni- Will be given to any place bout, one hundred weightfron i V. iu'ne mointr. country aiso per (' vransnianne dominions Or is it possible" hat the I people tf this cbuntry are willing for war-with Knoxvilli, lepnessee. Ka'JlTC en "ft. 4 2i- by the British king's proclamation, which states Apilachicola or Chatahouchee'' river the eastern limits, Whereas the Spariiards clajracd fop ahcient ortfa anfextent westward tb Pensacola.

i i -r was the state of things three days ago We anx-; iously await the mail' for further, ioielligenceV Great Britain; I "presume the1 unbiassed answer Halcighjjahuary.