Gazette of the United States and daily evening advertiser. (Philadelphia [Pa.]) 1794-1795, July 23, 1794, Image 2
&T £=S=i LAW" OF THE UNITED STATES. An ACT laying Duties on property fold at Auflion. Sec. 1. 13 E it enaSed by the Senate JL) < r »d House of Reprefenta til-: of the United States of America in Congress ajfembled, That from and aft";r the thirtieth of September riextj there shall be levied, colledt?d artd paid, for the life of the United States, upon fell sales by .Way of aifctiori,' as bctciti af ter deferibed, which (hall be nia<le With in the United Stares r the and duties folkrwing, to wit: 3The of rtne fourth part of a dollar for/eteit hundred dolfars of the p(lrchale tfiqnwf ~ arifiug by.sale -?t nnftion, of. finy inter fcit right or eftata in 3ny lands, tene ments or hereditaments, arid ps any u tensils in h.'.(bandy, and farming stock, ships and rreffe!?. and . the furit of one halt of a dollars for every hundred dol lars of the purchnfe money, itrifuig by fa:e at au6tion, of all otlier goods, chat tels, rights and credits whatsoever, and at the fame rate for any greater or lefTer sum, except as herein after excepted : The said respective rates and duties to bepaid oy the auctioneer or person mak ing luch sales at audition; out of the mo nies arising from each and every fach sale. Provided always j That nothing in this ait contained fhali extend to any fale,or sales by auction, of eflates, goods or cfteCts, made purfuifnt to, or iifexe cution of any rije, order, decree, |cn tence or judgment of any court of the United States cr of either of them ; or made in virtue, or by force of anv dis tress for rent, or other cause, for which a diltrels is allowed by law ; or made in confcquence of any bankruptcy, or in fo] vency, pmTuant to any law ioncern -1 ing bankruptcies Or infolvcncies; or fnnde in confeqnencc of any general as signment of property and effects, for the benefit of creditors; or made by or on behalf of executors or adtoiniftratois; or made of the produce of the land upon the land where such produce was railed ; or made of any farming utensils; stock or houfebokl furniture, by persons remov ing from the place of their former resi dence, where the amount of each sale of such farming utealils, llock orhoufe hold furniture shall not exceed two hun dred dollars ; or made pursuant to the directions of any law of the United States, or of either of them touching the collection of any tax or duty ; or diipofal- by auction of public property of the United States or of any Itate ; nor to any sale or sales by auCtion, of ships, their tackle apparel and furnittne, or the Cargoes thereof, which shall be wrecked or (trmided within the United ! States, and fold for the benefit of the insurers or proprietors thereof. Secj 2. And he it further enafled, That no person, after the said thirtieth day of September next, shall exercise the trade or business of an aCtioncer, by the felling of iny estates, goods or i;f feCts whatsoever by anCtion, or anv o *her mode of sale, whereby'the belt or highest bidder is deemed to be the pur chaser, utrtefs' such person shall have a license or otlier special authority, conti nuing in force pursuant to some law of a state, or ifTued pursuant to the direc tions of this aCt, on pain of forfeiting for every such sale at auCtion, the sum of four hundred dollars, together with the fur. 13 or duties payable by this aCt upon the estates, gsods or effeCts so fold : Provided ho wever, That nothing herein contained, shall be construed to require a license for the sale at auCtion of any estate, goods, chattels, or other thing, which by this aCt are exempted from duty. SeCt. 3. And le it further entitled, That every person, who before the said thirtieth day of September next, (hall have a license of special authority, pur suant to any law of any state, for exer ifing the said trade or business of an auctioneer, (hall, before or upon the f.tid day, and'every person, who, after the said day, shall have such special li. eenfe or authority, (hall, within thirty days after the obtaining or receiving of the fame, give notice thereof in wri ting, under his hand, to the office of inspeCtion ncareft to the place, where ' he (hall carry on or intend to carry on ' the said trade or business of an auCtion- 1 ecr, fpecifying in such notice, the date ' or commencement of such license, or ' other special authority, the term for ' which the fame was granted or given, j by whom, and by what law of a state, J J the fame was granted or given ; and shall also give bond tothe'United States, I 1 in a sum of one thousand five hundred I 1 dollars, to be taken by the officer, at j ! whose office the notice aforefaid shall be 1 given, -with condition that he will, on J thefnft day of January, April, July and OCtober in each year, while he shall f' continue to exercise the said trade or, = business, render to tfic person or per- Tons, who, on behalf at the United States, shall be authorized, io receive the fame, a true ind particular account in writing, of th£ monitri or lums, for lj which any estates, goods or effects have been fold, at every sale at auction by' fe him made, and of the several articles, t lots and parcels, which (hall have been ■ m fold, the price of each article, lot or i parte! in every luch sale, by whomj y bougw, that is to fay; firft from the: j date of fueht bo,id, until such of the j | aforefaid days, as (ball accrue next there-/) £ after, and thenceforth from th_- day to' j which an account shall Jiavc been last ; rendered, until such of the Jaid days, j as shall next thereafter ensue, and foonj in fiicceffion, tr«.>hr» one of the fai<] day»| Id another, lo long as he (hdl conti- { r J1 to exercise his said trade or business, e and also (hall pay ail such sums of mo- as (hall be due to the United States, ( upon the said sales, according to the triie intent and meaning of this aCt, j which sumS he is hereby authorized and t directed to retain, out of the proclir.c t of each sale made as aforefaid. And a c j like notice and bond (hall be given' in j; . like manner, as often a? any such license, or special authorities 'hall have expired Q and been renewed. And if any person (hall, after the. said thirtieth day of } Septembernext,by virtue oroolorof any such license, or special authority, as aforefaid make any sale or sales atauCti- on, without having given bond, as a jg j forefaid, within the time for that pur t pose pfefcribed, or without renew ~ ing such bond upon the expiration ~ and renewal of any such license, or )r special authority, he (hall forfeit and j- p'ay, for every such sale by him jriade, j l the sum of four hundred dollars, toge ■ ther with the films or duties payable by i thisaCt, upon the estates, goods or ef fettsfofold. ir Sec. 4. And be it further enaSed, f- That the several fupemfors of the re >r venue ma;», within their respeCtive dif >r j tridis, and upon requelt of any person {or perfon3 defiroiis thereof, (hall grant n j licenses, without fee or reward, for a ; • term not exceeding one year, at one >r time, to exercifc the' trade or bufnre'fs it- ;of an auctioneer ; and such licenses, i- i upon like recjueft, fnay and shall, from le • time to time renew : Provided, That no such license (ball be granted cr re -- newed, until the person or persons re ie qfueftrng the fame, &alt have 1 become d , bound to the Unitfcd States,with onc'oV g more sureties to the fatisfaCtion of the ir supervisor, of vtfhom such license (hall y be requested, in the sum of one thcir ; sand five hundred dollars, with likecun >f. dirian as is herein before prescribed for •, ; persons having licenses by. virtue'of fk-irie e ■ law of a (Tate : And provided further, J s That no fucfi license shall be granted to e carry on the said trade or Business, in any city, town or county of any state, in respeCt to which, provision hath been si made by any law of such state, for the e allowing and regulating of the said trade y and bulincfs therein. Sec. 3. And bi it further enahed, - That every person, wlio shall have a li l" cenle from the supervisor of the reve nue, continuing in force, shall and may J retain, in order to the payment of the, - duties hereby imposed, all such sum ' and sums of money, as (hall be due and • payable upon any eltates, goods or es s seCts by him fold at auction, as afore -1 said, according to the true intent and 1 meaning of this aCt. ( Sec. 6. And be it further encßed, r That the accounts to be rendeied, :wd j | the duties to be, from time to time, paid as aforefaid, by any auctioneer, , (hall be rendered and paid to the in- fpeCtor of the revenue, within whole survey such auctioneer shall exercise his trade or business, or to his deputy duly J appointed under his hand and seal, and I such auctioneer (hall make oath or af firmation, according to the bed of his knowledge and belief, to the truth of every account, which he shall render before the officer or person to whom . such account shall be rendered, and who is hereby authorized to adminilter the said oath or affirmation, in default of which such account (hall not be deemed to be truly rendered, according 1 • to the condition of the bond of such 1 auctioneer. And to the end that such f accounts may be accurately kept and [ rendered, it is hereby made the duty t of very auctioneer, to enter from day 1 1 to day, as often as any sale shall be t made, in a book, or on a paper to be - j kept by him for that purpose, the a- v j mount and particulars' of the respeCtive ' j sales by hirti made } which book or pa- ' | per shall, at all reasonable times, upon f, j requclt made, be fubmittcd for exami- a j nation to rhe officer of infpedtion, with | in whose survey or division such auifti | oneer (hall be, on pain of forfeiting, j for every refufal to comply with such o ■ requdt, the sum of five hundred dol- tl la rs. C Sec. j. And be U further enaclt'l, Test 1 if it (hall appear to the fatisfaftion of the fupcr»ifor, within whose diftrift he shall be, that an auctioneer hath acted agreeably to the condition of the bond which he (hall have given, and to the directions of this aft, during the time to which his said bond relate, the fame I ha-vug expired ; then, and in every ' i such cafe, the said fnpervifor (hall cause ! furh bond to be delivered up; but in ■ I cafe no inch account shall be delivered, : j as herein before mentioned, or if it ihall appear, that any such account ' 1 was not truly made, or that the party i hath acted in any other refpeft, con , ! trary tj the true intent and meaning of s his bond and of this aft, it (hall be the i | duty of such supervisor of the revenue, ■ > to cause fo¥h bond to be prosecuted ac cording to law, and in cafe of a ver dict .or judgment against the defendant, he (hall afterwards, upon every sale by him of anv estate*, goods or effects at auction, be liable to all the penalties, which may be incurred by this aft, for acting as an auctioneer without Kcenfe. Sec. 8- And be it further enacted, That if any sale at auction of any la nds, tenements or hereditaments, shall be, or become void, by reason of defect of ti tle, the fupcrvitor of the revenue, with in whose, diftrift such sale (hall be, is hereby authorized and required, upon due and fufficient proof of such sale being or becoming void, for the reason aforefaid, to cause to be lemitted the duty or duties thereupon otherwise pay able, according to this aft. Sec. 9. And be it further enaSed, That every auctioneer, which he (hall retain and pay, as aforefaid, fliall be al lowed a commission of one per centum, upon the amount thereof, for his trou ble in and about the fame. See. 10. A>id be it further enatHed, That it shall ne lawful for the President of the United-States, and he is hereby empowered to make such allowances for compensations to the officers of inspec tion employed in the collection of the duties aforefaid, and for incidental ex penses, as he shall reafonable,'not exceeding in the whole, two and an half per centum of the total amount of the said duties collected. Sec. 11. And be it further enabled, That if any per Con shall wilfully fvvear qr affirm falfelr, touching any matter herein before required to be verified by oath or affirmation, he shall fuffer the pains and penalties, which by law are prescribed for wilful and corrupt perju ry ; and, if an officer, shall forfeit his office, and be incapable of afterwards' holding any office Under the United States. Sec. 12. And be it further enaßed, That all fines, penalties and forfeitures, which shall be incurred by force of this 'aft, shall and may be sued for and reco vered, in the name of the United States, or of the fnpervifor of the revenue, within whose diftrift any such fine, pe nalty or forfeiture shall have been incur red,- by bill, plaint, or information ; one moiety thereof to the use of the United States', and the other moiety thereof to the use of the person, who, if an officer of infpeftion, shall firlt discover, if other than an officer of infpeftion, shall firft • inform of the cause, matter, or thing, whereby any such fine, penalty or for feiture shall have' been incurred. Aad where the cause of action or complaint fliall arise or accrue more than fifty miles ddtant from the nearest place by law established for the holding of a dif trift-eourt, within the diftrift in which tke fame shall arise or accrue, such suit and recovery may be had, before any court of the ftate.holden within the said diftrift, having jurifdiftion in like ca ses. Sec. 13. And be it further enailed, That this aft fliall continue and be in force, for the term of two years, and from thence, to the end of the next session of Congress, and no longei. Approved—-June tfi-c'ninth 1794. UNITED STATES. RHODE-ISLAND, July u On the 6th ihft. arrived at Newport, the Britifli brig Industry, prize to the French . ship Liberty, Capt. Laurenty, Joseph Bai tard, lieatenant of the ship, p-riztmaftcr of the brig. She was from St. Vincents ! bound to Londorf. Her cargo confilts of 182 hogsheads of sugar, &c. Capt. Lauren [ty left Baltimore the 19th May, and has taken fix prizes, 5 Englifli nnd one Spanish On the 28th ult. a number of prisoners j who were kept oiTboard the prize, attemp ted to take her, but were much disappoin ted. Among the prisoners ware two Ame ricans whp had been pressed into the British iervice, and'who joined the others in the attempt.' NEW-YORK, July 21. On Monday, the 14th instant, at r 1 o'clock, at the City-Hall in this- city, thefuite lately instituted in the Diftrift Court for this diftrift in behalf of die United States, against the fchconer Prince and Liberty, and her pargo, owned by Messrs. Bernadus Swartwout and Son ; was brought to trial. The libel charged, that the schooner being enrolled and licensed for carrying on the coasting trade, had proceeded on a fo reign voyage, (from this city to New- Providence, one of the Bahama islands) without firft giving up her enrollment! and license to the collector. The own eis in their answer to the liber denied, that the schooner had proc eded 01; a | foreign voyage, and rnlifted, that she fail ed on the 29th day of March last, from this-city on a voyage to Charlelton, in the flare of South-Carolina ; b.it was currijX'lleii by stress of weather to put into New-ProTidencc. Upon the trial, a number of wi'.' -lies were ffiammfd on the part of the owners, who proved' nioft fatisfaftorily,that the schooner ob tained a clearance, from this city to Charleston; that the owners inftrufted the Captain, to proceed directly to that ■ port ; that the schooner after clearing the land fleered a course for feveval days as direst for Charleston as the winds and i other circumstances would permit ; but that afterwards (he met with very tern . pelluous weather, which latled with lit tle or no intermission for ten days, and finally forced her, for the preservation of the lives of the crew to bear away for New-Providence, where she arrived on the 15th day of April. Afterth* evi dence was closed, the cause was strenu ously argued by counsel on both fides, but the counsel on the part of the Unit ed States explicitly admitted that the conduct of Messrs. Bernardus Swartwdut and Son, was perfectly irreproachable ; as the evidence did not furnifh the least ground for supposing, that they had not really intended the voyage to Charles ton, or that they were in any degree privy to the voyage to New-Providence. The counsel having concluded their ar guments, the judge of the diftrift, in-' timated his persuasion of the absolute necessity which compelled the schooner to go to New-Providence; but took time to adviie upon the conttruftion of the statute on which the suit was foun ded. On Saturday the 19th instant, the , Judge proceeded to pronounce his de cree in the cafe J after stating the point in controveriy, in a perspicuoUs manner, and judiciously remarking as-well upon the facts as the conftruttion of the'fta tute, the Judge decked it as his opini on, that the evidence left 110 room to doubt, that the schooner went to New- Providence, through inevitable necessity, and that under all the circumstances of the cafe ; she had not proceeded on a foreign voyage •, wherefore he ordered and decreed that the libel he difmi&d, and that the schooner and her cargo be reliored to the owners, but without costs. With tegard to costs, the Judge ob served that there was fufficient reason to juftify the Collector and Attorney for the diftrift, in seizing and libelling the schooner, and her cargo, arid that they had done nothing more than what the law required of attentive and faithful of ficers. This trial cannot fail to give pleasure to our readers, whilst on the one hand it willrefcue the characters of Messrs Ber nardus Swartwout and Son, and the Captain of the fehoonei Prince and Li- I berty, from the stigma of having violat ! Ed not only the aft of Congress for re gulating the # cpafting trade, but also the laie embargo ; it will on the other con vince the unprejudiced, that our public officers are vigilant anil impartial in the discharge of their duties. The decree above mentioned is in the following words : At a special diftrift court of the Unit ed States, held for the dillrift of New-York, at the city of New-York, 011 Saturday the 19th day of July, 1794, at x.l o'clock, A. M. Prefcnt Fhe Hon. John Lawrance, Esq. Judge of the diftrift. The United States, V9v The schooner Prince and Liberty, Ber nardus Swartwout and Bernardus Swartwout, jun. Claimants. HIS Honor the Judge having taken time to advise in this cause until this day doth now order,'fententence, adjudge and decree, that the libel filed in this cause, be dismissed without costs, and that the schooner Prince and Liberty, 1 and her cargo mentioned in the said libel, he discharged from ar.reft, and be res tored to the claimants Bernardus Swart wont and Bernardus Swartwout, jun. A true extract from the minutes. R. TROUP, Clerk. PHILADELPHIA, JULY 23. Mr. Fenho, MANY of your readers, among who» I mult beg to be Included, wilh very mii , to have a particular detail of the cauvov that lateiy failed from the Delaware. Hou many Americans there were among them and how many, either French or Ameri cans are returned to port; and what are t he probable con&quences of the rencoun er. I hope I fhali beexcufed for request ng a repetition, if it mult be a repetition •'of what has been already printed ; for wc have been amul'ed with upwards of forty or fifty different accounts of the Duke of York's defeat. What partes in Flanders, certainly does not concern us so nwrly, as what pafies upon our coast, particularly when many of our owa citizens are con cerned. I am. Sir, Your moll Obedient Servant, A Correspondent, The judgment of the military commif nori, established at Point a Petre, in the islands of Guadeloupe, for the Windward Islands which condemns to death, the persons named Grand- Fond, Camhon, and Letftercier. In the name of the French Republic, to all who shall fee these presents, Greeting. The military commission established ft Point a Petre, for the Windward Iflan « by an arret of the commissioners del - gated by the National Assembly, have given the following judgment Having cauftd to appear bifore us, on the 2 1 ft. and 22d day of the month prairial N. Grand Fond, aged about 25 years born at in the illand of Guadeloupe, Cambon, aged 22 years, born atPuy L'eveque, in the department of Lot - r and Louis- Charles-Alexandre Lenwrcier Riehmoi.fc formerly a noble and native of St. Fran- ' cois, in the iflandof Guadaloupe. It appears from their interrogatories,- declarations and acknowledgments, that on the day when the troops of the Re public carried the fort of Fleur d'Epeey they were there with the Englifti in or der to defend it, and that they were taken there, with arms in their hands. The commifficm condemns to' the pain of death- the fatd Grandlond, Cambon, and Lemerciet Richmont, conformable to the fourth article of the firft fedion of the firft chapter of the second part of the Penal Code, of the 10th September, 1791, which has been read to them, and is as follows, " Eevry aft, and all in telligence with the enemies of France, tending either to facilitate their entry t into the dependencies of the Frehch i Empire, or to deliverup. to them towns, fortrefTes, poits, veffe]s, magazines, or arftnals belonging to France or ta r.fiill them with foldi*-i'9, money provisions or amunition, or to favor iu any manner whatloever the progress of their arms, upoij the French Territories, or agair.lt our forces by sea or land, or to corrupt the fidelity of officeis, foldicrs or other citizens towards the French nation dial? be punilhed with death." Declares their property ccwfifcatect for the benefit of the Republic' con formably to the eleventh article of the second chapter of the law of the 10th of Mai eh kill, which ha» also been read to them, and is as follows-: " The property of those who (hall belong to the Republic,' and the fubfiftance of the widows and children shall be provided for, if they have no property ellwhcre. Orders that the present judgment shall be immediately executed in -the place of liberty of this community, and that it (hall be printed, read, published and fixed up in every part of the colony. Done at Point a Petre, and public ly pronounced, where the commiflioo hold its fitting, when'were present. ROUYER, Preiident. NARUISSE, FREMONT, DF.SRGUHES, CASSQU, , In the name of the French Republic, we order the commandants of the arirt ed force, to alfrft in the execution of this present judgment. (Signed) ROUYER, Preiident. Examined and compared Fraud, Secre ta'ry of the Coromiiflon. ( A PR OCLAMATIO N. To all tlu Inhabitants of ike Iflaud of Guadaloupe. OU have heard the Proclamation of the Coiamifiior.ers of the Convent! 011. They invite you tto Join thcr • they prcKfife yott proteflion and btß'- ficenee ; we fl)all only reply to it by making tin' following observations : They offer you piotedlion and bene licence at the veiy moment when they are burning and pillaging your habita tions ; and delivering you into the hand* of those, whom yon know to be yot"