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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