A Meeting of the. Selecl and Com
mon Councils
WIJ.Mif lir! '.. .at n o'clock ,in forenoon , /
r.:\ ' ueflav next, at tfie Stf'.hmtfo. 'm th •
city r( PhikdilpoH, for th ; p'irprvfr of t 'cSirg a «-
M \ YO't; and, a* the efefimn c-»n be held or. no * r
other liay, t.ie attendance of a'.l the Members isJur I
f;.-«Air/y rrque'i?d. n \ ' n f Hi
I<T ° r ''" r WlLllA\iH.T < oo, CKrcofthej >W 1
SfleA Otincil. / )'
HOWARD 1 COAI.E, C'erk <jf part (
"the C,«nmon Council. I hereb
O&ober u- . , 1 du£l,
gr The printer# of the city are requeued !to
puh i*V the fi-rct»oin T ill tVir >evfral tf* I',. •
""Philadelphia, OH. I 3'A fa!fe>
THF. fahferiber? Inform their fri' n 's and cu ; tt- *
men io town and tiu"try, that their (lores are
open in the city, and other« are <"ai'y open.ne, and ed ti
that from the present appearance "f the nrevailm* p e &,.
difovder have Yeafon to hope, their friends to th
shortly come (o the city with perfect faf ty. By\
fe*cal latt arrivals, numbers have received frcm
funplies of GOODS. , f f Ca "
Robert Smith V Co. P 'V. GcllauJet »&•
Jebn Davis & Co. Sitj^rea-ves y j frerx.i, Plji'.E
Neil! o Smith, G.orge Dot font
and ,°w'th, Thomas Ryerfon,
s!lix B'jp.and «ml Co. T. R. Hardenberg.
Jacob avd Co. Job" Smith and Co-
Caxn tj 1 J : nr. Janet, Jl'omnsOrr, A
Keppth € Zantzinger, Ml!* *' Darh-r J Co. exerl
Mam Zantzrtger, Tho'vas Armr.t CJ Son. ] lUm ,
John Fries, 7■ MilUr. jmt. and Co. pref{
f <- i kind
The'Health-Office harr:
18 remove J to the City-Hall, and i« kept open the i
r.iirbt and day, where pcrfons having hufn f« may
apply. Wm. ALLEN, Health-Offi<-er. f ..
_ *<*■ *' ■ lcjrc.
No i'i u t: ~ ft ;tu
THE Oftces of the Department of Wsr ar<" ' or Q f p
the pr sent removed near to the Falls of the . cuy 1-
kill, on the Rjdge Road.
Wetrher 4. ZL. the
TENERIFFE WINE. J*
LANDING it Wa'nut-ftreet wliatf, TENE- K
PIFFF WINE, of excellent qual'ty. in pipes and P
half pipe., for sale Vy JAMEfi YARp. ptUi
oa. 10. eoßt - late
~ From Marseilles. ftat<
THE CARGO mer
Of the c v.'ftli(h barque Guftavus AdolphuJ,from qua
Marseilles, co'iJWng of the folljwinp articles, tiati
isriiichirgint: at Mr. latimer's wharf, and for c ip]
sale by the fuhfoihers nev<
BRANDY, well flavored, of a, 3 & 4th proof
Claret, in hogsheads t^e
Ditl.S in cafea ' ,
Frontigfiiac Wine, in eases of 30 bottles P"
Olive Oil, of a superior quality, i* baskets of 6 wb
bottles lu^
Captrs dai
Olive* thet
A i mend 1 tlei
Pry
Writing Paper
Umbrellaj (Sillt) of *B, 30 and 31 inches ty
TafTctles P c-
I>ong ard fbort white Kid Gloves for cmen TV
Silk
Handkerch'els■ 11 imitation or Mlarati COl
Artificial Flowers and Garlands •
Oftricb Feathers
TI ilihois
Perfumery
Scented Hair-Powder *nd Pomatum ful
N'anna in l'orls fe<
Cream Tartar. , ce
BENfAMIN MORGAN & ,
ROBERT ANDREWS. ™
Sqsterober 27. co
: NOTICE.
ALL perfom indebted io the estate of lomn n(
Striker, late of Tinnecum Townibip, _
Buck's County, are rcqneft'd to pay off their
rtfpeflive debts ; and those having any de- ">
mauds agsinft said estate, are desired to bring in #
Uieir arcounts. to
JOSFPIT CHAMBERLAIN, 7 Execu- f e
MALLET P^EVALT, S re
Sept. »8 1 f'
Boston Glass Manufadory.
THE citizens of the United States are hereby
informed, that the manufacture of Window
G'sfs is now commenced at the Glass House in Bm-
""it is rcedl-f* to fay any tiling of the excellent
quality of the Boston Glsfs, as it is so well known "
tkroujhont the United States to be in every rrfpeit -
greatly fup-rior to anv ever importei from Europe.
It will hrfut to any size commonly used ; and
iray be cons antly had hy applying to Cbari.es F.
Korrta, at the Glaf* House. _
Orders from the distant States to be addressed to
Mr. Samuel Gore, Court-street, Boston. f
Boston, Sept 33, 1797 * ° 4~"* w !
Mrffri. Timothy ani Mafia, CUurltJlo* ; M'ffrs
fJoJdi aid Bsyhn, Halifax, N. C. Mejfrs. Wdhtt
an J O'Connor, Ncr/dl ; Mr 1 } BUS, Price, Alexandria ; <
Mept, Tunit and Brown, Baltinrore ; Mr. Hofitms,
Netu-YtH ; and Mefn. Uudftn IS" Goodwin, Hart■ ]
ford; Mr. Seymour, Savannah ; are requejitd to insert
the above once a weei 6 vreekt. The account) to le for- |
ivarded to the Editor.. ■■
At a Meeting of the Board ot
Property, June 6, 1797'
Prefont John Hall, Set'ry. ")
Francis Johnllon, R. G. S ofUndoflice
Dan. jßrodhead, S. G-J
"Nicholas Bett'inger,
Versus r
Samuel Cunningham.) . ,
In this cafe the proof of service of notice be
ins infuffiHent, It isordered that notice be giv
en in one of the Philadelphia and York newfpa
pcrs weekly, for at lead eight weeks to the
heirs or assignees of Samuel Cunningham de
ceafcd, to atttend the board on the firft Monday,
in November next, to lbew caul'e why a patent
fiiould not ifliie to Nicholas Bettingei for the
Und In queflion.
IA true Copy.)
1 JOHN HALL,
Secretary of the Land Office.
Aug. J*. _j_? " wßw -
Just publiflied,
And to be loid at the Bcokftores of H. W P.
Rice, No. fp, Market-street; J. Ormrod,
No. 4J, Ch'efnut-ftreet, and Vv*. Young,
corner of Chefnut and Sec^nd-ftreets,
An accurate System of Surveying;
IN WHICH IS CONTAINFD,
I. Decimal fraaioni, in a plain, concise,
jrnd easy manner.
j. The extraflion of the square root.
i. Plain trigonometry, redangular and ob-
V A i
* 4 . An exaa method to cast «p the contents
•f lands.
5. Field furvrying.
The whole being performed without the uie
of scale 3nd compafiVs, on a table of logarithms.
In which is given some acci unt of the variation
mt the neetlle, and the cause* of its attratfiOß.
By SAMUEL MQCRE.
Aitguft *■' 2awjvr
%%t (Eto&ttt. p
, PHILADELPHIA, Swf
MONDAY EVENING, Octobfr 16. jnmiftr;
f ■ by eve
f " Tree' or
J MR. TF.vno, _ y(iur fl
I Having lived in Dr. Rush's fami'y dur- fiihiog
Jnj; t!i; prevalence of the yellow fever in dpmcs, i
tjhe year 1793' having vitiiriTed every \
I part of ln"s condufk during that time ; Ido From
hereby declare that the account of his con- Par
du£l, as publiflied in your paper of the 6th InVv is
inft. by a member of the college of Phvfi direiti
cians ol Philadelphia, is full of the grossest
falfehoods and misrepresentations. rtffulti
This declaration (bould ijave been hand- thus.a
ed to you at an earlier day, had I not ex- 'ence
pefted that Dr. Rush would have replied .perien
to the above mentioned publicatiem : but T ces o f
have lince learnt, that for the present he.' md c
means to treat it with silence. (Irong
John Redman Coxe. ' no oni
Philadelphia, o£lo. 16. is unr
From the TIME PIECE. true
i* Th
Fools will fe meddling. / . p!
At a time when the wife an<V"prndeiit are l .° Ir '
exerting every nerve, and friend to lon 0
human nature is throwing in his mite, to onc
preserve peace and good will among man- 01 an
kind, and present thi» country from being P eo P
harrafled by that scourge of nations, war, er > 011
the interested and the deligning are busy in
blowing up the embers of discord. Thij 1
spirit has at length found its way into col- (
leges and'academie9 of fcieuce, into those in- '
ftitutions which ought to be the repositories
of philosophy ; where youth are, or ought 1N
to be, trained up to become the lights of ,e
the world, and qualify thtofelyes to forward 0
that great principle of humanizing, civiliz- £
ing and harmonizing a race too naturally
prone to discord aßd to render each Other's
(ituation uneasy on this earth. In several
late college exhibitions in the different S P
states, the pupils have spoken their fenti- .
ments (perhaps of their tutors) witn un- tt
i qualified acrimony, against that enlightened c ]
. natiorf, whiqh founding heroifrtxon the prin
' ciples of philosophy, has extended its be-
nevolent idea of government into every
quarter of the world, and thereby opened nani
the way for that great and philanthropic '
political system, without tfie prevalence of j
5 which on this glohp, the whole of nature's
sublunary work is an infolvable riddle, which '
daily prompts the fool to fay in his heart, 1
there is iro God. It is in vain for these gen- S
tlemen to hope, at the present crisis of
things, to set the American tiation at enmi
ty with France. The republican spirit is
peace, harmony, and good will among men.
n The sentiment of America must operate con-
genially with that of France, in order to
confront the demon of monarchy, and drive
hira to his native obfeurity. Ye precep-
tors, ye fathers of colleges, who pofTefs sen
timents unfriendly to the rights of man, in- |
fult not the public mind, wound not the j
feelings of your audiences, by making inno-j
cent youth the organs of your malice, and as
far as lies in your power widening the breach
already too far effe&ed by the arts of design- h;l
ing men, between the American and Gallic
republics. Our chain of unity, although
' N not bright, will not easily be broken ; and
Brit 'tjk property taten hy the French during the
A J. time of -war, under the protection of a neutral
in *flag, without a reciprocal privilege allowed to ! ,
France,'istoo unmeaning exciting
■ u " serious mifuaderftandisg between the two
'* republics. e( j
For tie GAZETTE of tie UNITED STA TES.
. THERE can be no stronger proof that the fpi- ,
" fit of free difcuflion which has lately take« iilace,
"f is fulutary and promotive of the beds interefti of w
r nur country, than this, that it ha< excited th« i'n
t dignation of th« little lacohinic juntoes in various
C " paru of the Union. The spirit of simple democra-
W n cyisthemMl intolerant in the world; and too o|
o ng has our eoontry groaned under its baneful and
>!,e j difgraceful domination It is not lon; lince it wai rc
3 ' F considered hazardous to utter or publish the mod at
9 ' important and salutary truths ; th« charaflers of tt
j tQ men whose lervicet in the cause of liberty and
mankind gave them the highest title to the confi- J
H dence, love and veneration of the wife and good,
'_ w have been affailcd and calumniated for fupportin?
■ in their writings, truths which have stood the test ft
• ' of ages : and thoft who have dare<l to avow fimi- a
' l;ir prireiples, have done if at the hazard of every 0 ,
. dear in life, if rot of life itfelf. Exptrietiee
■ J jr , has at lergthxent the flimfey veil of deception and
'J r eiror, and the press, the pulpit, and our femina- c;
rics of learning are released from the terrors of v>
a mod formid.ible inquifuion. The rays of light (j
Ot have featured the clouds of delusion, and a pure v
spirit of enquiry will finally place our feet on the
firm basis of jutl thinking, and felid conclusions.
n- In some late publications otitic an ti-American fac
-1 lce tion there are strong Indications that the demon of
amchy isforely wounded ; iti writhings under the c
lash of satire are evident; the exposition and rep- r
robation of principles which have covered a great .
part of the globe with blood, are stigmatized a* 1
e e " flowing from" fsntiments unfriendly to the Rights <
: ? lv of Man"—as having for their object to excite en- i
'fiia- m ity between France and America. No—your day ]
1 t^ e is pift, ye enemies to all that is goid antl truly
de- great ye advocates of a fyllem that unmakes and
nday. marrs, but red ores and retains nothing. Our Ss
atent minaries of Learning are, thank God, under t v e
r the care of men who love their species—who believe
in a Deity and his providential fuperintsndance of
the affairs < f theuniverfe. Men who love liberty
and truth,but are firm enemies to that modern phi
t. lofophy which confounds, confufes and blends truth
w and falfbood, right and wrong, and leaves nopro
—— teilion for life, liberty and property, but the long
eft 1 sword. '
The institutions of our country areTacred ; thefr
P* ,ye wi(h to destroy. but we will support them; they
nrod, | la ve given us all the blessing? of independence ami
nii n g> fafcty. We will r.ot rclinqnifh them but with our
iiyes. Our children fhal'. be taught to revcr® what
ing* thitir fathers cherilKdi—Onr children (hail imbibe
' fentlhients of attatMient to the constitution and
:p laws r{ their country, and of avcrfion to thof
inci e, (y[^ cm s which,reduceman to automatons,4>r what
is woife, to be idolators of a blind f»nfuality, which
comprizes all its felkity in gratifying the animal
propensities of our mwure.
What ! {hall we fufTer and not complain ? '■ lie
ntents pillage of Europe is the effect of modern philoso
phy—Our exclcmvis hare juflified every atroci
ty—and now th?t our chileien are in danger of be
he use ing beggared by ihe plunderings of tjie property
ithmS. of their fathers on the high leas, forfooth they are
nation to fufftr without a murraur, left innocent youth
ailiOß. {bould be made the organs of their preceptors' ma
lice, and as f:ir as lies in their power widening the
w breach between America and l frince. This will
i-otdo. fuisltDemocrat-It is too ftaJe atrSck. b
I very Mend to the Unif' 1 - ***** dents Ol
peace—orace with the whole familyof pj ow un
It is no: fur th"; iutereft of the Unites Sutcs to .
quarrel with any pewer on < =rth yhis truth ye
knew, irfu'ly jrprechteilbr m the ad- (array, \
miniftra'inn of t:ur jrovi'rnmttnt. It is appreciated [ jddge o
hy every \ublic jo the inion —Our W ai,t a 1
-free'orn ions will not therefore he deterred by aut J, or ;i
your fl in lerii, from thinking. ftea.a.ig and pul>- ■
Wllir>g th-ir op nions with th .t frcedora which be- appiauu
4>mes unfhacldcd Americans. per circ
; . (leighte
From the C-ENIINEL of JJBERTV. jof the
Part of the power neqeffary fi>r executing 1
InW is vetted in, men who are not appointed j J
daftly by the people but by the trult- Court oj
eas of the people, and since no evil thsnce
njfuhs, all executive officers ought to be This
thus in order to prevent vio- furance
knee in competition for "lucrative offices, ex- bound f
perience proving that in pursuit of such offi- of whit
ces only ftrife among the people is railed enemy,
and corruption attempted by bellowing Mr.
llrong drink, and by base flattery. For as theplai
no one ever flatters with felfilh view 3it brough
is universally true that "those who mod flat- (hip C(
ter the people are mod ready to betray their March
true interests. visited
These thoughts are suggested by the riot examin
in Prince George's county at the late ele£t- flie hac
ion of a (heriff, which convinces me (though taken i
I once thought differently) thai the govern- ent, an
or and council, who are the trustees of the K'ing <
people and by their station men ofcharaft- as priz
er, oueht to have the appointment of fheriffs. would
. SIDNEY. ' merica
October 7. j *°
I such c
The CREDIBILITY of GAZETTES, of iafti
A TALE. I ble foi
Itj that remarkable xra, when Charles j wa3 ar
the Fifth was engaged in war with the Prfn- 1 fore U
ces 6i the Smalealdic league, a club of po- j of na.
liticians (for there were such clubs even in the I
these early days) were assembled at their 1791.
nightly rendezvous, iu Dresden, to read the tendei
papers. They found in one a fliort para- 1 withu
graph, hinting at an advantage gained by void,
the troops of the Eleftor, the particulars lawsc
of which would be publilhed in the next Ga- I been
zette. On this an antient member of the Amei
club arose, with felf-fufficient face; Gen-jof A 1
tlemen, fays he, wait not for the Gazette, to th
; I have intelligence full as good as any it can could
I afford. I have a letter from ray son Ferdi- the p
nand, written immediately after the aft.on. reflet
f ' The company called aloud for it, and he en*iu,
read as follows : 1 ."P
Honoured Sir, r ' can
1 I Have just time to tell you, that we have Amt
' gained a great viftory. The enemy was that
r polled on almost inacceflible precipices, de- enetr
fended by strong works ; yet, after a hot as p
engagement, we drove him from all. Luc- I were
3 kily there was no shelter for the routed foes cove
so we killed not a few 'A the pursuit. We one
marched at day break, but did not begin the
° action until five in the afternoon. Could we man
e have been up sooner, we might have done last.
' more mifchicf. f 1 on
"I am &c. _ ice »
Ferdinand de Kuntoch. letti
] e After he had read thiswith r omeapp!aufe, thei
J ~ ' anotbdr gentleman got up. Mr. de Knn- Ih<
toch, fays he, lam much afraid that Mi*, him
: Ferdinand, as a young man, has raised mole taki
hills into mountains ; and as to the enemy's | fror
'f having 110 shelter in their retreat, he saw ; on t
' , them where they could not be seen. Mr. j l'O
" de Kuntoch was about to reply with fofne all
. warmth, when the other proceeded to read vefl
aloud a letter he had received from his tie- this
t0 ; v on
phew.
lg Dear Uncle, a 1
SQ AU I can tell you is, that we have gam- wai
ed a viftory. The aftion lasted from morn- wh
ing till night. We scarcely saw any of to
the enemy, as the wood we engaged in was sice
P*" low® swampy, and so thick of brush, that wh
'"of we oould scarcely make our way through it. cot
in- I am, &c. Co
nut Gustavus Meningehode.
:rl " The whole company gazed with wonder wa
[°® on each other ; when a third gentlemen a- in
rose, and without deigning to make use of of
10ft any prelude, but that of casting a contemp- gr<
tuous sneer on each of the two disputants, wl
opened another Wtter, and read as follows : thi
" O J,' My Dear Sir,
inn' This day has been brilliant as to fight and pr<
test fuceefs. The enemy never gave us so open th
mi- a f ro nt. A fine champain country, with- th
out hedge, ditch, or any impediment to to
and obftruft our operations. The march of the ge
ina- cavalry to charge each other, in a plain Bi
1 of where there was no shelter nor advantage to wi
'!?bt b # taken, formed a glorious scene. I ain hi
r ,s , re weary, so mull conclude. • ' an
l , he Yours, &c. cr
"f iC . Frederick Smidstz. te
>n of At the conclusion of this account, of ui
r the eontradidlory to both the others, the elub q'
re P" remained for sometime fileat. and then fell tl
into a violent altercation. The veracity of w
ights all partieswas doubted in turn, and such n
: en- was their animosity, that a society of two d
r(la y hundred years Handing was about to fuffer c.
" n] y final dissolution, when"an old officer, who tl
'had long been looked on as a strange incom- v
:r raunicative man, said, gentleman, I can ea- o
Jieve fily fettle this business. I will prove, that p
ice of eac h „f these letters contains a true date of t
hert ? the faft, to the bed of the writers obferva- 11
truth l ' on * Here is a note from a field officer, v
, pro. who knows as much as any man, yet knows (
long- but little of the matter.
Dear Sir, j
these -^r e are T iftorious. The enemy was post- 1
ce'and cd with llis left entrcnchcfl ln the Harfpung 1
th our mountains | his right occupied the wood of 1
I what Glubd ; and his center a fine plain, near the
village of WeidneidftHeighterueiglit. Our
n , right was ordered to defile by IClobleift to
_ take his left in flanK, our left and centre
which attacked his front. The battle was not so
inimal decisive as it might have been, a3 we could
not reach the mountains till five in the e
?..!rh' vening. We know not'how many fell iu
atroci- 'he wood, as the underwood was thick.
■of be We mowed down numbers in the plain. As
to any more particulars, you know enough
he y arf of aftion to {know the of giv
t youth t jj cra w ; t jj truth.
r* ma- o #
ing the Yoors, See.
his will Now, gentlemen, how eafj 1* this recon-
filed, by- supposing your three correfpoa- ned,be
dents on the right, the left, and the centre. On brtai
How unjust is it then to denand from indivi- tion or
j duals an account of the operations of the much l
I array, v.-hich few hot the commander can Amen
( jddge of, and wliofe account, if you will related
wait a little, you will foou fee pubhfhed by By th
authority? Thecompany affected with loud given <
applause to their new oracle, and the bum- be aft
per circulated to the battle of Weidnerdft- the cc
. fleiVhterrieiffht, and a speedy publication really
! of the Gazette. ™
i - ■ ' . aad he
LAW INTELLIGENCE. in a ye
Court of ling's bench, London, 'July 24, 1797- ky
HeARSY, &C. VS. SwAtiSON. NoW <
This was an adtion upon a policy of in- tion oi
furauLT to recover the fubfcunjtioti on a (hip teral j
bound from Lifbou to London, in the courf* prize I
of which voyage (lie was captured by the the lai
enemy. fubfilt
Mr. Law Hated the cafe on the part of
the plaintiff. He said, that the adtion was court
brought upon the policy underwritten on the that t
{hip Commerce, which failed on the 14th of nio C
• March from Lisbon. On the 17th (he was Amer
visited by a French (hip ; her papers being' were r
examined, (he was allowed to proceed ; b'Jt hadnc
• (he had not proceeded long before (he was confe
1 taken a second time' and carried into l'Ori- ter ac
- ent, and was totally loft to the owner, fne that (
; V.'ing condemned, together with her cargo, ter, t
!. as prize to the enemy. The only question (hew
would be, whether (he was or was-not an A- corvh
• merican veflel ? If (he was, (he was entitled re put
Ito all the rights of neutral nations, and as laid,
I such came under the rule of law as a subject to fh
. of insurance, and the underwriters were lia- from
I ble for thelofs. In order to (how that (he thift
g I was an American veflel, it would appear be- right
- } fore the jury that the captain had his letter M
i-l of naturalization on board, and a rcgifter ?if duce
n the United States of America, dated in tenci
[ r I 179 1. Hfc understood it wa6 to be con
e tended that the register was not renewed gefte
1-1 within 3 years, and that therefore it was was
y void. He found no such proyition in the The
rs laws e£ America ; besides, thia (hip had not hira
a- I been in a situation to renew her reglfter in thor
ie j America. It wai an American veflel, built this
n-1 of American materials, and as fully entitled the
e, j to the protection of neutrality as any vessel . prov
in could be. He really did not know what j I
li- I the poihts were on which the defendants . the
n. reftedjtfieir cause ; if they had any, it was , por.
he I enough for his client in this action tnat the . iucl
j (hip was an American (hip, built of Ame- 1 of
I rican materials, and that the capt. was an seal
ve 1 American fubjeft by virtue of naturalization; al w
as I that he and the (hip were captured by the je£i
le- I enemy, and the (hip and cargo condemned per
lot las prize to the enemy. All these points wit
jc-1 were fufficient to entitle the plaintiff to re- lie
es, cover the fubfeription money, which was the
Ve one hundred jfotind. P"
;he Mr. Antonio Caftize said he was com- pol
we mander of the (hip Commerce, in March coi
>ne last. That he failed on the Bth of March alf<
from Liflxm. That he was a native of Ven- re<£
I ice, naturalized m America. That he had otl
' I letters of naturalization, but the Frencb took vac
ife, J them from him when the (hip was captured, lea
un- These documents never were returned to up
VTi*. him. That on the 17th of March he was po:
lole taken by the French while'on his voyage mi
iy'B from Li(bon to London- K# was released he
saw on the 2lft, but taken again and carried to hit
Mr. ' l'Orient, when tht French took from him as
>me ' all his papers. That he had an American to
•ead veflel before this which he exchanged for
toe- this. The papers belonging to both were
on board this, and the French took them ag
all, arid never returned him any. 1 hat he pe
ain- was made prifojier at l'Orient, and that th
orn- while he was in confinement a perlon came it
f of to him faying, he was authonfed by the of
was fleers of the' Province to give him a paper, th
that which he produced in court, which paper A
hit. contained the condemnation of the (hip
Commerce, as prize to the French Republic. tl
E. Mr. Efkriue stated for the defendant,who w
nder was his own fruiterer, and who wa6 interfiled d
;n a- in the voyage in question ; and in the course 1
fe of of the market of these articles there was a 1
:mp- great fluctuation, particularly in time of war; tl
mts, when a number of vessels came home toge- c
>ws : thcr, the price of the market fell. In the v
interval, before the coming of convoy, to c
tand protect another fleet from the lame place, p
open the price of the market fell again. It. was, r
,vith- therefore, of great advantage in this trade, f
it to to bring over the cargoes previous to the p
fthe general arrival of the (hips under convoy, t
plain But if any person wished to run over a (hip n
Te to without convoy, the premium was un'ufually c
lam high, and such as trade would hardly bear, t
and therefore a great numher of (hips were c
employed as neutral because the underwri- t
■r. terst will underwrite them at a lower pretrii- <
it,' of um. Such vessels as that which was now in c
elub question, were picked up by merchants, and i
■n fell they pretended to-be neutral. This captain, 1
ityof who had stated himfelf to be a Venetian, 1
such might as well have lent his veflel to the
f two doge of Venice to wed the Adriatic as to
fuffer call upon the,defendant to answer in this ac
who tion.—lt was stated, th,at the only question
ncom- would be. in this cafe whether the veflel was
an ea- or was not an American veflel entitled to the
, that prote&ion of neutrality ? That certainly was
ate of the question ; in difcufling which it would
jferva- not be fufficient to (hew that (lie was built
jfficer, with American timber. It ought to be
knows (hewn that (he was a veflel entitled to all the
benefits of neutrality, and that (he was
from capture by the laws of war. "It was
is post- not the delivery of any paper by the assured
rfpung to the underwriter, that constituted evidence
-ood of in such a cafe as this. It ought to be made
ear the mamfeft, that the (hip was not made a law-
Our ful prize, he admitted that the underwriter
eift to was liable 5 tor the assured in such a cafe as
centre this could not warrant that injustice (hould
not so not be done by a belligerent nation to the
e could (hips of neutral powers. But upoti the au
-1 the e- thority of a cafe decided by lord Mansfield, |
fell iu it was clear.that if the vessel was not entitled
to the benefits of neutrality, the underwriter
iin.'As could not be liable for any loss ocpafioned
enoufh by her capture, that indeed was the eftablifh
0f g|/_ ed principle of the law. He quoted also
13 the opinion delivered by lord Kenyon in a
recent cafe in which' his lord(hip had laid it
6 recon' don-n as a rule that a fliip might be condem-
Ned, bcc&ufe (he had no fufllcicnt docutncnt
Ori board to prove her neutrality.- The quef- '
tioii on this cafe was to be governed very
much by the treaty between the two nations, -
America and France, and that part which
related to this queflion was the 25th article. -
By this article, that evidence, should be
given of their that, there should
be a sea-letter and passport, and thename of
the commander of the ship, (hewing that
really and truly the ship was neutral. The
ship mull have been recalled within a year,
aad her certificate renewed if returned with
in a year. The paflport was also to be figu
ed by the ftrefident of the United States.
Now wc should fee whether the condemna
tion of this ship proceeded upon any colla
teral points, or whether (be was 3 regular
prize to the Fretich republic, according to
the laws of war and the rights of rations, - as
fubfilting between America and France.
Here he read the sentence of the adm ralty
court of I'Orient, by which it was Hated
that the vessel called the Commerce, Anto
nio Caiftze, commander, was a pretended
American vessel, that the papers
of the proper form; that the captain
hadnot thefea-letter required; that the capt„
confefled he had failed without the. sea-let- .
ter and the paflport ; and the judgrr.ept of
that court pronounced upon.the whole mat
ter, that the Commerce had no right to
(hew American colors, and therefore she was
corylemned as a lawful prize to the Fren~h
republic. Having done t\M, Mr.. Erfkine _
said, he apprehendej he had done enough
to (hew, that the undewriter must be released
from all the consequences of the capture of
: this veflel, and that the plaintiff had no
right to recover in this adtion.
r Mr. Bowman proved the translation pro
f duced was a correct tranflatios of the fen
i tence of the court of admiralty iit I'Orient.
Mr. Law, on behalf of the plaintiff, fug- .
i gefted, that there was rro evidence that this ■
s was the fenter.ci of the court at I'Orient. ,
e The witness had only said it wa» brought to
t him by a person who said he came from an- .
n thority ; there was- nothing to (hew that
It this was not an assumed authority. That
d the fcal of the court ouglit to have been
el proved, &c.
at i Lard Kenyon said, that as to proving
ts ! the ftal of the court, or of ar.y other cor
as i porate body, he was quite sure that no
le 1 such thing was ever done ; he never heard
,e- Sos such a thing being done in hisiife. A
an seal of any court, or of any corporation,
n; always proved As to the other ob
he je£tian, that there was no proof that the
ed person who brought the document to the'
its witness, while in prison, had any authority,
re- he thought he was bound to take that au
ras thority for granted. If he required better
proof of that fa£l, he might require an im
m- pofTibility. And as to the decision of the
•ch court of admir Ity in France, he was bound
•ch also to take it for granted that it was cor
;n- reft. Courts of admiralty regarded .each
lad other's decifious every where ; they per
ok vaded every part of the civilized world, at
ed. least he hoped 10, for they were founded
to upon one geijeral principle of jufhee. Thefc
i/as points should be saved, so that Mr. Law
ige might bring the matter before the court, if
fed he choose it, but his lprdfhip thought
to himfelf bound to take all theft- proceedings
lim as regular, and therefore he ordered them
c?n to be read.
for The policy of insurance was also read,
■ere Lord Kenyon said, he was of opinio*
rem the plaintiff in this aftion. The
he policy itleif amounted to a warrant, that
hat the vessel was an American vessel, and that
ame it was within the proteftion of France.
of- }Ar. Law said, that upon the fase. of
oer, this sentence, they had Rated the law of
[per America entirely, and not. their own law.
(hip Lord Kenyon said, he really did not fee
)lic. that. They ajfpred law to the faft. This
who was a sentence of the court of admiralty,
lied deciding on the rights of all the parties,
urfe There certainly was 110 ambiguity here,
ras a There were dated certain requisites to enti
war; tie this ship to the proteftion of an Ameri
oge- can veflel. They were enumerated. ,It
1 the was dated that these requisites were not
, to complied with'; that the captain had no
lace, passport anil fen-letter, eyd th3t he had no
was, right to (hew American colours, and there
•adc, fore concluded that the ship was a lawful
the prize. It was efTential to us to pay :*ten
voy. tion to the decisions of their eouits of ad
fhip miralty, for they always paid attention to
irally ours; and we had much moreof.tbefe cases
bear, than they had. It was efTential to all the
were commercial nations of the earth to pr*y at
rwri- tention to the decisions of each other's
retrii- courts of
jw in of any complaints against them, except one
, and from the king of Pruflia, who said, "he
itain, did not undcrlland that your lawyers should
;tian, decide any cafe ; , that four cannon were
0 the much better." His lordship said he was
as to early of opinion that the plaintiff ought
is ac- not to recover in thisa&ion. If Mr. Law
eftion thought that opinion was wrong, he might
el was bring the qneftion before the court upon a
to the motion for a new trial ; his lordfliip added,
|y was that he wiflied the. motion ta be made, for
would he always wished that his opinion should be
1 built reviewed.
to be The plaintiff was nOn-fuittJ
all the ■ . —■ —- _ _
as f<ee Public Notice is.hereby given,
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