fftfj I NATIONAL PAPER, PUBLISHED V-.' AND SATURDAYS BY JOHN FENNO, Yo. fig, HIGH-STREET, PHILADELPHIA [No. 87, of Vol. lII.] SECOND CONGRESS OF THE UNITED STATES. AT THE FIRST SESSION, Begun and held at the city of Philadelphia, in the State of Penn sylvania, Monday the twenty-fourth of Otlober, one thouland seven hundred and ninety-one. AN ACT concerning certain FISHERIES of the United States, and for the Regulation and Government of the Filliermen employed therein. BE it enabled by the Senate aud House of Representatives of the United States of America, in Congress afTembled, That the allowance now made upon the exportation of dried fifh of the ftlheries of the United States, in lieu of a drawback of the duties paid on the fait used in preserving the fame, 111 all cease on ail dried fifh exported alter the tenth day of June next; and as a commu tation and equivalent therefor, there Ihall be afterwards paid on the last day ot December annually, to the owner of every veflTel, or his agent, by the colle&or of the diftrift where such vessel may belong, that ihall be qualified agreeably to law, for carrying on the bank and other cod fifheries, and that Ihall actually have been employed therein at sea for the term of four months at the lead, of thefifhing season next preceding, which ft-afon is accounted to be from the last dav of February to the last day of November in every year, for each and every ton of such vefTel's burthen, accord ing to her admeasurement as liccnfcd or enrolled —if of twenty tons and not exceeding thirty tons, one and an half dollar, and if above thirty tons, two and an half dollars; of which allowance atorefaid,three eighth parts (hall accrue and belong to the owner of iuch fifhing vcflVl, and the other five eighths theicof Ihall be divid ed by him, his agent or lawful reprefentauve, to and among the Several fithermen who (hall have beem employed in such veflel during the season aforefaid, or a part thereof, as the cafe may be, in such proportions as the fifh they shall refpeftively have taken may bear to the whole quantity ot fifh taken on board such vessel during such season: Provided, That the allowance aforefaid on any one vcfTtrl for one season, shall not exceed one hundred and ieventy dollars. And be it further etia&ed, That on the last day of December annually, as afotefaid, theic (hall also be paid to the owner of every filhing boat or vessel of more than five tons, and less than twenty tons, or to his agent or lawful representative, by the col ]e£tor of the diflri£l where such boat or vessel may belong, the sum of one dollar upon every ton admeasurement of such boat or vessel ; ■which allowance (hall be accounted for as part of the proceeds ot the fares of Ivd boat or vessel, and shall accordingly be so divided anions all pei lons iiuerefted therein: Piovided however, That this allowance lhall be made only to such boats or vessels as lhall have actually been employed at sea in the cod fifhery, for the terin ol four mouths at the least, of the preceding feafoo: And provided also, That such boat or vessel lhall have landed in the coui-fe of said preceding fcafon, a quantity of filh not less than twelve qumtals for even-ton of her admcafuremcnt; the said quantity of fi(h to be afceitained when dried ar.d cured fit for exportation, and according to the weight thereof, as the lame shall ■weigh at the time ot delivery when aflually fold ; which account of the weight, with the original adjustment and settlement of the tare or fares among the owners and fifhermen, togeiher with a •written account of the length, breadth and depth of said boat or vessel, and the time (he has a&ually been employed in the fifhery in the preceding season, (hall in all cases be produced and sworn or Sffirmed to, before the said colleQor of the diftrift, in older to entitle the owner, his agent or lawful representative, to receive the allowance aforefaid. And if at any time within one year after payment of luch allowance, it (hall appear that any fraud or de ceit has been praSifed in obtaining the fame, the boat ur vessel J uch r al '°™nce shall have been paid, if found within ihe diftrift aforefaid, shall he forfeited: otherwise the owner or owners having praQifrd such fraud or deceit, Shall forfeit and pav one hundred dollars ; to be sued for, recovered and appropriated in like manner as foifeitures and penalties are to be sued for re covered and appropriated for any breach of an ast, entitled, '< An atl to provide more effectually for the colleffioh of the duties im poted bv law on goods, wares and merchandize imported into the United States, and on the tonnage of (hips or veflels " .And be it further enafled, That the owner or owners of everv fifhing vessel of twenty tons and upwards, his or their agent or lawful representative, shall previous to receiving the allowance which is provided for in this ast, produce to the collcSor who is authorized to pay the fame the original agreement or agreements which may have been made with the filhermcn employed on to h, K h * 'u' " before rc< f llircd ' an<l alf ° « certificate to be by him or them fubfenbed, therein mentioning the particu lar da>, on which such vessel (ailed and returned on the several son ?r.K f m 'y i hilve in the preceding filhing fea co"leftor aforefaid° Wh ' C " ,ha " '»e .on 1» T herer, ' ae ?> That ™ or vessel of twenty a?Mwa„ enrployed as aforefaid, (hall be entitled to the ftaTbfofh y;s Un '; fs lhe dipper or ,„,lUr thereof lnent In t proceeds on any fi(hing voyage, make an aßree , ' """"? ° r 1,1 P" nt - w "h «erv filherm,,, employed ow«r - Z ?l,n L 0n ' y «r r„.,nt of himfelf oi fr ' A' J? n . adduu "' "ofuch terms of Ihipment as may be a nll 'l!!,, 1 " agreement exorefs whether the fame uto forlhe r«f.»n, an>l H» 11 alf„ i proceeds ot such fifhmg voyage or amour,r m " V a PP erl3,n 10 th * fifhermen, lball be divided ZZ rr'', 10 " 10 the quantities o, number of (aid 1 ' " IVe caw S hl : •" h ' ch agreement (hall Mbf. aJem °A C T'." SD C?. V " ,e ow ~' " F fi(hin s vessel. in agent. Arid it any filhertnan having engaged h.mfelffo, a voyage or for, eh l„„o , n d „ v fifting veflel, , J fumed -n agree,n," t therefor as „,, rd , lc! , a ,;., a ' d } * hLf, " "TT "i. 1 T" J ? d t0 b: P» f ormrd, desert or absent himfelf. rorn such vcffrl, wuhom leave of the matter or flupper lb£ »' "gen. such d.-fene, (hall be licble Saturday, February 25> 17^)2. to the fame penalties as deferring Teamen or mariners arc fubjeft to in the merchant's lervice, and may in the like manner, and up on the like complaint and proof, be apprehended and detained ; and all costs of orocefs and commitment, if paid by the mailer or owner, shall be deducted out of the ihare of the fi(h, or proceeds of any fifhsng voyage to which such deserter had or fhall'become entitled. And any fifherman, having engaged htmfelf as afore- Mid, who shall during fueh fifhing voyage, refufe or neglect his proper- duty on board the iilhing veifel, being thereto ordered or required by the matter or flapper thereof, or (hall otherwise re flit his just commands, to the hindrance or detriment of such voyage, beiides being answerable for such damages ajifing there by, shall foileit to the use of the owner of fuchvclTel, his hiare of the allowance, which shall be paid upon such voyage as is herein granted. And be it further ena£fced,That where ao agreement or contrast shall be lo made and figncd, tor a fifhmg voyage or for the (idling 'ea lon,and any Hfti which may have been caught on board such vef frl during the fame, lhall be de livered to the owner or to his agent, lor cure, and lhall be fold by said owner or agent, such velfel (hall lor the term of fix months alter such sale, be liable and an fwenable tor the (kipper's and every other fifherman's (hare of such fifh, and may be proceeded again ft in the fame form, and to the (arwe effett, as any other vessel is by law liable, and mav be proceeded against for the wages of featnen or mariners in the mer chant's service. And upon such proccfs for the value of a share or (hares of the proceeds of fifh delivered and fold as aforefaid, it (hall be incumbent on thcowner or his agent, to produce a just account of the (ales and division of such fifh according to such a greement or contratt, othcrwife ihe laid vessel shall he answera ble upon luch process for what m2y be the high eft value of the share or (hares demanded. But in all cales, the owner of such ves sel or his agent appearing to answer to*fuch process, may offer thereupon his account of general fupphqs made (01 such fifhing voyage, and of other lupplies therefor made, to either of the de mandants, and (hall be allowed to produce evidence thereof in answer to the demands refpeftively, and judgment shall be ren dered upon such process, for the balances, which upon such an enquiry shall ppear : Provided always, That when pi ri ce fs (hall be i(lucd against any vefTel Phble as alorefaid, if the owner thereof or his agent will give Bond to each fitherman in whose favor such process shall be instituted, with fufficient (ecu rity, to the fatisfaftion of two justices cf the peace, one of whom shall be named by such owner or agent, and the other by the filh erman or (ifhermen pursuing such process ; or if either party shall refufe, then the jullice fiift appointed (hall name his alfociate, with condition to answer and pay whatever sum (hall berecovei ed by him or them on such process, there (hail bean immediate di(charge of such vefTel : Provided, that nothing herein contained shall prevent any filherman from having his a&ion at common law, for his (hare or lhares of fifh, or the proceeds theieot as aforefaid. And be it further enacted, That the drawback heietofore al lowed on the exportation of foreign dried and pickled fifh, and other foreign salted provisions, be and the fame is h.-reby re pealed. And be it further enacted, That the monies which (hall remain in consequence of the abolition of the allowance on the exporta tion of the dried fifh of the United States, and of the drawback on foreign dried and pickled fifh, and other foreign lalted proyifions, be and the fame are hereby appropriated to the payment of the allowances granted by this att, and in cafe the monies so appro priated shall be inadequate, the deficiency (hall be supplied out of any monies which from timsto time shall be in the treasury of the United States, and not otherwise appiopriated. And be it further ena&ed, That any ps rTon who (hall declare falfeiy in any oath or affirmation required by this ast, being duly convicted thereof in any court of the United States, having juiif diftion of such offence, shall fuffer the fame penalties as are pro vided for falfe fweariog or affirming, by tjie ast before mentioned, and to be iB like manner sued for, recovered and appropriated. And be it further enacted, That this ast flialJ continue and be in force for the term of (even years, and from thence to the end of the next kflion of Congress, and no longer. JONATHAN TRUMBULI., Speaker of the Houje of Representatives. JOHN ADAMS, Vxce-Prefidtnt of the Unitca State*, and Prcjident of the Senate. APPROVED, FEBRUARY SIXTEENTH, 179-!. \_ln No. 8a oj this Gazette, uiere publifhedfomefketches of the Debate on the petition of Mrs. Catharine Greene—At the clofeof those sketches it was o/ferved, that Gen. Sumpter made sundry remarks on extracts of letters wrote by Gen. Greene during the late war, w/uch extrafls are inferred in Gordon's flijtory of the American Revolution. —It hav ing been observed that the short flatemevt then given, does not contain the particular ideas which were meant tr> be impreJJeU in bringingJor ward those extracts—thr following which is a more full account of what uas delivered, is aferted.] GEN. SUMPTER. observed, that in bringing forward those letters he had 110 desire to criminate or calumniate the character of any per son, neither was he dilpofed on theprefent occa (ion even to recriminate, altho highly jullifiable ; his chief object being that of explaining and de claring the real itaie of fadls, and ihe letters be ing intimately connected with the fubjet r t, oblig ed him to lay them before the committee, who would judge ol their weight and importance. The letters from which he read extrads are of the dates of 28th April, 1 7S1 —id and 4th of May of the fame year, addrefled from General Greene to Le Chevalier de la Lu'zerne. Le Marquis de la Fayette, and Governor Keed of Pennty lvania. On the 28th of April, General Greene writes thus to the Chevalier de la Luzerne— " This diftrefled country, I am sure, cannot struggle much longer, without more effectual fop port : fhey may struggle a little while longer, but they mttft fall ; and 1 fear their fall may lay a train to sap the independence of the rcit of 345 GEORGE WASHINGTON, President of the United States. [Whole No. 295.] America. I have, agreeably to your Excellency's advice, imj.reHed the itares all in my power with a icnfe ot their danger, but they have not the means to make the neceflary exertions. We S ' s ec beaten, rife and fight again : and the wnole counti'y is one continued scene of blood and slaughter." On the ill of May he wrote to the Marquis de la Fayette— " You may depend upon it, that nothing eim equal the fufferings of our little army, but their merit. Let >iot the love of fame get the better of your prudence, and plunge you into a misfor tune in too eager a pursuit after glory. This is\ the voice of a friend, and not the caution of* General." On the 4th of the fame month he wrote to Go vernor Ileed of Penniy 1 vania " Those whose true iniereft it wss to haveln formed Congress and the people to the north ward with the real ftaie of things, have joined in (he deception, and magnified the strength and resources of this country infinitely above their ability.—Many of those who adhere to our par ty, are so fond of pleasure that they cannot think of making the nece(fary facrifices to support.the revolution. There are many good and virtuous people to the southward ; but they cannot aiii mme the inhabitants in general, as you can to the northward. When ruin appears to approach any state, they are alarmed and begin to think of exerting themselves ; but its approach no sooner receives a check, than they fink back ipfo a careless inaction. Virginia has exerted her/blf in giving a temporary support to the army ; but her pleasure and her policy prevent her' giving us such permanent aid as her strength and re sources are capable of affording Maryland has done nothing, nor can I hear of. any exertiop» there equal to the emergencies of the war. De laware has nqt anfvreredjny tetters. These Hates have few men here/ jp#"tmT«T Have are daily discharged. "North-Carolina has got next to no regulars in the field, and few militia, and these the worst in the world ; for they have neither pride nor principle to bind them to any p-rt_y, or to a discharge of their duty. Generals Marion and Sumpter have a few people who ad here to them, perhaps more from a desire and opportunity of plundering, than fro'in any incli nation to promote the independence of the Unit ed States. 1 have been playing the most hazard ous game to keep up appearances in this quar ter, until more effectual support could be afford ed. But our number is reduced to a mere fltfa dow. Tlie war to the northward is nothing :it is a plain business. Here the war rages like a fire ; and the enterprize and a&ivity of the ene my almost exceed belief. 1 have run every rilk and hazard, and find the difficulties thicken up on me daily ; and you know I am not of a de sponding spirit or temper. If our good friends the French cannot lend a helping hand to save these finking Hates, they must and will fall. Here we are contending with more than five times our number, and among a people much more in the enemy's interest than our's." After having finished reading, General Sutnp ter proceeded. Mr. Chairman, what could have induced Ge neral Greene to have made such communications as these at the time, is to me altogether ir.com prehenfible, unless the misfortune of his defeat at Cambden, previous thereto, had alarmed him and afFetled his opinions in too great a degree. However this maj be, I conceive it was altoge ther unjuftifiable and foreign from the real Itare of things, to advance the sentiments ex]«efled in those letters, beeaufe they mull: have tended to mislead the public mind and give an improper direction to the meafnres of government. Here, Mr. Chairman, ! would observe, that theprofpecft of our country was at that moment bright, inso much as to warrant a well founded hope of a speedy podeflion of it ; tltis is a circuinftance within the knowledge of several otlicers of dil- tiniflion In one of the letters of the 4th of May, to Go vernor Reef!, there is a complaint, " that thofc whose tiue interelt it was to have informed Con gress and the people to the northward of the re al itaie of things, have joined in the deception, and magnified the strength and refjurces of the country infinitely above rheir ability." As a proof that this allertion was unfounded I will oblerve, that picviuus to his return to Soutli-Ca
Significant historical Pennsylvania newspapers