Gazette of the United States, & daily advertiser. (Philadelphia [Pa.]) 1800-1801, September 16, 1800, Image 2

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    i
Wiis; - co jn'Try patent
C a n v a s,
No I t" S,
Eorsaleby
Ebenezer Large,
ALSO
2oq boxes fliort pipes
. tav>blc for the Spinifh Market
9 ny 13' th. »8»o «|mw*jjrw
Charles Marfliall
.. AND SON,
No. 46, Cbesnut Street,
HAVE RECEIVED,
Per brig Liberty, capt Henderf n from Anuler
d.im, and other arrivals,
A quantity of the Following article", which they
fell for calh, or the usual credit—
Antimon crui OI Anifi
Arsenic alb Juniper
Sac faturni .Succini
Vitriol alb Rhn Hi
B'-rax Camphor
Opium Occitinclla
Aunetto Gum Benzoin
Merc Rule —— .'.rabie
Pracip rub Myrrh
Corroa sub 1 Kirto
ALS© ON HAND,
Sal G'auber ("Manna flak
R%fl eeetian | I Com
Flo Sulphur (3 1 Liquorice ball
Sweet oil r O "S Cort'Peru slav
Sem aniG 155 ®^ u ' >
Rlieubarb J — L
And a quantity of
Shop furniture, furgeom instrument% patent
medicines, flee.—Medicine chcfts, and or,«rs froir
the courtry, put up on moderate terms.
frptrrnVr 13
Marflial's Sales.
United states >
P nnsylvania District, £
PURSUANT to a writ to me direfled from
th« honorable Richard Peters, Esq. Judge
of the Diftriil Court of the United States for
the Pennsylvania Dirtriil, will be exposed to
public sale, at t fie-Merchants' Coffee House, in
the city of Philadelphia, on Wedne'day the
14th of September, inltant, at ii o'clock at
soon,
3Tjfc*l _
L'AIGLE,
r,Z£ t0 t ' le United States schooner
Ectc-rprize, lieutenant Shaw, commander—With
■fl and lingular her apparel, gun» and appurtenan
ces.
The farae hiving been condemned in the
said court, at sor f eited &e.
JOHN HALL, Marfbal.
MarJhaVs Office. I
September 13, 1800 J 3tawtS.
United States ") _
Pennsylvania District, $
BY virtue of a writ to me direfled from the
Honorable Richard Peters, Esq. Judge of
the Dillridl Court of the UniteJ Swes lor the
Pennsylvania DiftriS, will be exposed to Pub
lic Sale, at the Merchants' C me Himfe, in
the city of Philadelphia, on Wednesday the
34th of September irift.at i» o'clock at noon,
£""ln The armed French vessel cal'ed
CHOUCHOU,
Prize to t e Uiiittd States armed flvp
Philadelphia, Stephen D-catur, commander, witn
all and singular her appartl, g ns and appui
Usances —the fame having ''•en lately condem
ned in the laid rom.r a ft rfeited, &c.
JOHN H iLL, Marjlal.
Mnrjhal's-Office, )
Sept. 13, 1800. 5 3awtS
BY ADJOURNMENT.
UNITED STATES, ? ,
Pennsylvania District.
BY virtue of a writ of Fieri Facias to me di
redled, ifloedcutof the Diftrifl Court of th<
Dnitsd States in and for the Pennsylvania Dif
tiidl, will he fold at Public Vendue at the Mer
chant's Coffee House, on Tuesday th 16th day
ot September inft at 7 o'clock, in the evening,
t»»o third parts of he
Jk A i BKIG, CALLED THE
VENUS,
WI T H the lame proportion nf
htr tji k!e, apparel and appur enincei, &c.
Seir.-d and take. into execution and to be
fold as the property of R.ihert l 1 Bail, drceafed
JOHN HALL, Marshal.
M 'shot's Ofrce, 1
September 13, 1800. J
PROPOSALS
FOR PUBLISHING BT SUBSCRIPTION,
«
' The Works •
OF thki
Hon. James Wilson, Efq- L. L. .D[
Late one of the Associate Just ces of the
Snrtmc C"urt of the Unied Stales and
Professdr at laiv in tie College and
Academy of Philadelphia.
From the original manuscript, in the pofiVfiion of
Bird Wilson, Esq.
CONDITIONS.
There worfcs fliall be e'efantly printed in two
volumes oflavo, md delivered 'o fubkrib«r« at
five dollart.
They fliall be put to press as foen as the subscrip
tions will juftity the tupence of publication,
Subscriptions will f>e received by
ASBURY DICKINS,
The puhlHher, opp<fite Chrifl Church, Phila
delphia ; and hj the principal bookfellcrs thruogl«
out the United States.
• • A Prufpeilus of the work may be feeti at
the place of
fcpuinber 13
Late
FOREIGN INTELLIGENCE.
LONDON, Augu.fl i.
HIGH COURT OF ADMIRALTY.
Held at the Cock-Pit, Whitehall., the day
of May.
Present, the following mflfl noble and right
iionourrble lords commissions of appeals in
prize caufcs.
Lord Chancellor, Lord Eldon,
Duke of Portland, Chief Baron M'D.
Earl Spencer, Sir Gnty Cooper,
Earl of Liverpool, Sir R; Pepper Arden
Earl of Weftmoreland, Sir W. W. Wynne,
Lord Henley, Sylvester Douglas,
Lord Macartney, R H.W.Windham
Claes Grill. Esq. consul-general of his
tnajefty the king of Sweden, Appellant.
John Lawford, Esq. cwmmander of a
squadron of his majesty's ships, Respon
dent.
On this day came on the appeal cause be
tween the abive parties, refpcfcting the cap
ture of the Maria, one of the Swedish con
vov taken on the 30th of June 1798. by
commtdore Lawford, and carried into Mar
gate Roads
The convoy confiding of several (hips
under the prote&ion of a Swedish frigate,
vvere bound for several ports in the Medi
terranean, and laden with pitth, tar, iron,
deals, &c. of these only one was going
avowedly to an enemies port, Ferrol ; seve
ral were destined for Portugal, and the
Maria for Genoa. After a (hort detention,
the frigate and (hips foi Portugal were dif
chaiged, and the reft detai ed ; and on the
13th off Oftober following, the present
suit was instituted in the adm rahy court,
the even of which mull be decisive of the
right to the whole capture The cause
came on to be heard 01.o 1 . the 20th of Dec
before Sir Witliam Scott, who direfted
further proof; and in compliance with this
order, on the part of the captors, amoDK
other attestations was produced a copy of
the inftru&ions which w re given to the
commander of the Froye Swedish frigate,
which paper it in the French language, and
is thus translated :
' In cafe the lieutenant colonel should
meet with any fhipt of war of other nations,
one or more ot any fleet whatever, then the
lieutenant eolrnel is to treat him with all
possible friendfhip, and nut give any oc
casion of enmity : But if you meet wirh a
foreign armed veffl, which. »n (peaking,
should bedefirous of having (till further as
furance that your frigate belongs to the
kitiir of Sweden, then the lieutenant-colo
nel is hy the Swetlifh flag ar.d salute, to
make known that it is so ; or if they would
make any search among the merchant
ships which are under your convoy, which
ought to be e de voured to be prevented
ac much a» poflible, then the lieutenant co
louel is in cafe such thing should be i fitt
ed upon, and that remonftranccs could not
be amicably made, and that notwithstand
ing your amicable comportment, the mer
chant fh ps should nevtrthelefs be violently
attacked, then violence mult be opposed
aga 11ft violenct."
On the iflof Mav, the cause came on
for futher hearing when Sir William Scott
rejedled the claim for the ship and cargo,
and condemned the fame as a good and law
ful pr ae, as belonging, at the time of the
capture thereof tn the enemies of Great
Britain, and as such liable to fcizure and
confifcation.
To this dec ee an appeal was lodged, which
now came on to be heard before the above
Lords Commissioners when the King's
Advocate and the Solicitor General were
heard for the respondent, and Dr. Lawrence
tor the appellants.
The Court then postponed the further
hearing untill that day week when it wa
re'umed hy a most able argument, by Mr
M'lntofh, on the fame fide with Dr. Law
rence. Thij clof d the argument and the
cafe now stands for judgement, which is
daily expi&ed by the public with great
solicitude.
From the magnitude of the print in
iffi'-a, and the copiousness of the argument,
embracing the whale poition of the law of
rations refpefling the rights of Neutral
Powers • y sea, it would be impofiible to
compress the merits of the whole cafe with
in the limits of a dai'y paper, without
excluding other important matter. We
therefore mean to detail it in the following
order. We now submit the cafe ;on some
future day, we shall give th: argument of
r Counsel. and then close our repott, with a
foil (tatement of the judgement the day
after it shall be delivered.
Case as stated by the Appellant.
Immediately that the Sweedifh convoy
tame in fight, on the 27th of June. 1798,
the Briti ! ships hoisted their colours and
the ships of the convoy fiiewed theirs ; but
it is rot suggested by the English Commo
dore that tlie Swedish frigate then fh-wed
any indication whatsoever of hostility or
forcible r filtance.
The Romcey. notwithstanding, beat to
quarters, and call off the lower deck guns,
and ran them out, and upon the Romney
ard the Swedish frigate getting within hail,
Comodore Lawford begged leave to fend
an officer on board, which was answered (as
he himfeif admi sj very politely and a Lieu
! tenant was thereupon sent on board the Swe
' di'fh frigate to know the deftinatioa of the
vefTcl under convoy, with their lading.
'1 he answer given without hesitation
that they were ' wedes, from Marftrand,
bound to different ports in nhe Mediter;a
nean, laden with hemp, iron, pitch and tar.
w fa
l
s 1
conrmuKD.
No demand !i asserted to have been made
of the paper 3 of the Swedish (hips ; but as
the detaining of thtm by force was in the
opinion of tht- Commodore Lawfsrd, a cir
cumltance which required some considera
tion, iince it might involve the two nations
in war, he called a council of-the captjuos
of the squadron, and then sent a lieut. to
England, with dtfpatches to the Lords Com
miffioners of the Admiralty, for their iti
it ructions.
In the mean time, the squadron contin
ued in company with the hweJilb frigate
and the convoy ; and, on the 3°'h of June,
the Lieutenant, who had been sent with the
dispatches of Commodore Lawford, return
ed with dispatches from the Lords of the
Admiralty.
The claimant he* takes the liberty of
noticing, that, although ihe captors have ex
hibited, in the manner before dated the in
(tru&ions which h s Swedish Majcfty gave
to his own Officer, they h;:ve not thought
proper to bring forward (a» it is presumed
that they easily might have done, with con
sent of His Majetly's Government) their
own reprefentstion, coming Irom all t eir
Commanders, in public Council, to their
own superiors, nor the inllruftions which
they received in answer from those superi
ors ; documents which are the moll materi
al to (hew the instant and genuine impression
made by the demeanour of the Swedifb fri
gate and coavoy po all the BricifU Comman
ders. and the grounds on which alone the
Lords of the Admiralty authorised the fei
«are and dttention.
Having received that authority (on what
ever motives, and 111 whatever terms, it may
have been given to him,) Commodore Law
ford lent two of the Captains of the fqwadron
on b>.ard the Swedish frigate, to inform the
Commander, that he h.id orders to detain his
convoy, and carry them into the nearest
English Port.
It does not appear that upon this, any
more than on former occ. fions, the Swedish
Commander refuf-d the infpedYion of the
papers of the ships under his convoy, nor in
deed that even at this period any luch in
fpeflion was demanded.
The Swedilh Commander, however, upon
the intimation given by the two Captains,
laid, that he was sorry any difference fliould
arise between' the two nations ; and at the
fame time, (hewed his inflrudtion (a copy of
which he gave,) which were to repel any at
tempt that might be made to board his con
voy by force, although he was firfl to make
ule of conciliatory measures, and endeavor
to prevent it amicably if possible.
This was communicated to Commodore
Lawford, who returned for answer, that he
Ihould immediately proceed to take p-'ffef
fion of the convoy, and the Ployer, Wolve
rene, and Pitatte, part of the squadron, were
ordered to hoard the Swedish vefTels, Com
modore Lawford, at the fame time, making
the lignal to prepare for battle. The fliips
appointed to board the convoy began fulfil
ling their intrusions ; and Doth guns and
mulkets were a&ually fired at the ships
which did not bring to upon being ordered.
At the fire of each, Commodore Lawford,
as he slates, expected that the Swedish Com
mand r would make tlte proinifed refiftmce,
but nothing Was offered ; only it is Lid,
that the Commander of the Swedish fiigato
ap|iearcd un?afy, by the frequent wearing
of his (hip during the .%jght, the Romney
being, at the fame time, close under her lee,
with lower deck guns run out, and every
man at his quarters.
By day-light, 011 the 31ft of June, the
greatest part of the convoy were iecured ;
but it being observed by Commodore Law
ford, that two larfre (hips, which appeared
to be havering round the frigate, had not
been boarded, he ordered the Plover and Pi
lotte to hoard them, judging, as he also ft.ites,
lhat this lad measure would decide how far
the Swedish Commander meant to dispute
the point. A boat from the Plover was
thereupon sent on board one of the fai<i large
Ihips, when the Swedish frigate bore, and
stood for the Plover with an intention, as
expeding by Commodore Lawtord, of open
ing her fire. The Uomney bore also, and
made the lignal for the Da'phane to tack to
support the Plover j but (till no firing took
place.
The petty officer put on board the large
Swedish veflel by the Plover was taken out
by *n armed boat from the Swedish frigate;
This, as Commodore Lawford was after
wards convinced, and has fairly admitted,
was only done by the Swedish Commander
in the way of retaliation, on account, as it
(lieuld seem, of some of the Swedish crew,
whom it was Capt. duty to pro
te&, haying been taken out of their own
veflel ty the Plaver, and the English petty
officer was immediately after returned, as
Commodore Lawford has also admitted.
At the moment, however, of the tranf
af\ion, the English Commodore being, as lt«
avows, exmtnely exasperated, direfted the
boat to be fired at; but aa that instant the
Daphne came ill a line with the boat, and
prevented the (hot being fired at the boat, as
ordered.
A Swedilh was fhen Tent on board,
the Romney, with the complaints of the
Swedish commander, and wilb an intimation
that' be would go into an pott tuitb
the convey; and an agreement thereupon
tsok place, that the Swedilh Commander
(honld direst the convoy into such port as
Commodore Lawford (hould point put, and
that cotiimodore Lawtoril would withdraw
the Englifli feamenand leturn all the Swedes.
This was done, accordingly ; and commodore j
Lawford made the signal fi<r all captains, J
and acquainted them with the termination of
the business, and of his intention to go in
to Margate Roads. Ihe whole of the {hips
were fhostly after brought to anchor juf{
without Marjjf.te Roads, when an officer
was lent oc board the Swcdifli frigate to
reqtitft that the commander would give com
modore Lawtord a lift of his'ccnvoy, with
an account of their lading ; from What port
thry came ; and whither were dellined,
and with this, as with every other amicable
requell JMfct to him during the whole tranf
edlion, rffreadily complied.
The papers of the "fliips under convoy
were not takcMnto poficfiinn, nor even de
manded for infp-dtion, so far as appears by
the c .ptors, until upwards of six ivccks af
ter tht capture, and in the interval an offer
was made to the (hips bound to Portugal,
that they might proceed on their voyage ;
one {hip (the snow St. Johanr.es, Cilftrom,
mallei) received, by order of the Lords of
the Admiralty, a written discharge, dited
on the 20th of September ; (lie was, how
ever, soon after ordered, by the guard-lhip
at the Nore, to proceed up the river, where
(he remained nearly three weeks, without any
proceedings being had against her, or the pa
pers having ever been infpefted or demanded
by the captors, or any per (on 011 their be
half, till the mailer himfelf, being desirous,
and thinking it his duty to obtain compen
sation for this long detention, voluntarily
carried his papers to the Kioj's Proftor, who
in consequence, brought them before the
Court on the 13th of Oflober, and then,
ana not before, commenced proceeding a
gainfl that veffcl and car^o.
The Judge of the Admiralty, under the
fpecinl fads of that cafe, restored the St. Jo
hannes, together with the cargo ; and, as
the claimant submits, the diftin&ion which
the captors and his majesty's government
made, with regard to that ve(Tcl(a diflir&i
on declared at the time, to be underlined as
extending to all the lliips bound to Portu
gal), evinces in the cleared and moll incon
trovertible manner, that, down to the 13th
of o<£lober, neither His Majesty's Govern
ment nor the captors, confid red the Swe
dish convoy, generally, to have made any
such resistance as would raise thfj present
quetlions ; but, from thf 27th of June down
to that time, a period of nearly four months,
were proceeding again!! particular fliips only,
on the ground of their avowed or fufpedted
defoliations to hostile ports, with cargoes <,f
naval (lores.
REASONS assigned by APPELLANT.
1. Bcaufe the velLl and cargo being the
undoubted property of Swedes, as claimed,
the cargo conlilling wholly of Swedilh pro
duce, and both documented accordingly to
treaty, were engaged in a fair, open, and le
gal trade.
2. Becanfe, whatever may he the legal
confrquence, if forcible refinance be made
by a merchant fliip to prevent visitation, no
such refinance was made, 01 attempted to be
made, by the velTel in queoi6n.
3. Brcaufe the right of visitation was not
carried or attempted to be carried
tioH, by the cap r , in a manner confident
either with the lqtter orfpirit of the treaties
between Great-Britain and Sweden, or the
duties ot that right itfelt.
4. Because the fliip's papers were immedi- I
ately delivered on the firft den and, which,'
however, not take place until the fix
weeks after the capture.
5. Because the principles and authorities
which fubjedt private merchant fliips to
search, do not, by any just analogy in law,
apply to the situation of a fleet under convoy
of a (hip ot war, specially .appointed by the
fovercign, and pledging the public faith of
the (lute to which they belong.
6. Because, although there are many in
stances of veflels failing under convoy, forne
even of an enemy, and others which have
been taken after con&Jerable reliflance, and
a formal engagement with the convoying
(hips, yet no precedent has been adduced, or
can be adduced, of any veflel having been
condemned on that account : and many hive
been afhially restored.
6 Because, from the date of the trea
ty of 1656, down to the present time, Swe
den has been in the occasional praftice of
fending convoys, when (he had been at
peace and Great Britain at war, and nei
ther has any qaeftion in ceofequence be«n
ever raised in any Britiffi court of jnftice,
nor any remonstrance, so far as appears,
been ever made by the British government;
on the other hand, when Sweden hubeenat
war and Great Britain at peace, public in
ftru&ions have been iffu«d to the Swedish
cruizers to refpeft the words of every Bri
tish officer, having the merchant (hips of
this country under his convoy.
I 8- Because, in this instance, the convoy
j ' n £ f r, g at e was not appointed with any ori
ginal purpose adverse to Great Britain, and
did not make any aflual refiftanee, though
the commander seems to have been reyeat
edly provoked so to do.
9. Because, by the agreement of the
British and Swedilh commanders, the ques
tion whatever it was, between the two coun
tries, was referred entirely to the two
courts.
I 10. Because the captors, and his majef
! ty's government, by their conduft towards
the Swedish frigate, and the veffeli under
his convoy, bound to Portugal, have clear
ly admitted that the Swedish fleet was not
seized and detained on account of any forci
ble refiftanee. of any refufal to fabmit to
vifitatien and search but solely on grounds
arising out of the nature of the cargoes and
destination. which grounds have been aban
doned in fa£t,andcaunotbe maintained inlaw.
PARIS July 29.
ACTS OF GOVERNMENT.
Decree of the 24th of July.
The Consuls oftbe Ref.vb ic to the Minister
of Murir.i
The Consuls have no: seen without pain
Citizen Minister, that several Chips of the
Brest squadron have been disarmed, and that
ata moment,\\h;n it was more elfential than
ever to complete the organization ot our
squadron, it fliould be iuffcred to be difcou
raged .by the fir ft difficulties which present
themf-lves. It is at the moment when the
Continental war absorbs the principal re
fouices of the nation, and the principal at
tentionof Government, thit thr Mmifterof
Marine, the Admiral?, the Directors, flioold
redouble their courage and {iirintfunt all ob
llacles. Gaufe inquiry to be made into the
conduft of the D.redors or Officers who
have ordertd the difaiming of four (hips,
which have left the road and entered into the
port, and of those who have authorized
leave of absence to the' sailors. These ope*
rations could not be jultifiable without a
special order of Goyernmeut, Take mea«
fares that there may be at once a raiting of
all people on the coast ; and that our (lnps
be provided with every thing. neceffaey for
their failing. The French wish fora marine
they willi it much. They will make ,ti! t.ie
ncceflary facnfices to accoinpljlh their wish,
Krep an inipaitial but ftritt eye upon your
Officers and the different branches of the
Adminiflration. It is tihie there should be
an end to dilapidations. Send bach those
individuals who have been a lon£ time but
too much marked ky public opinions as par
ticipators in fraudulent meafure#; As rhc
law cannot reach them, let them at le<-ft be
put in a state of impotence to injure
more.
In the courle of Aupufl, should circum*
(lances permit, the First Consul will go to
visit th- Brest fleet. See that he shall havfc
nothing then to bellow but eulogies upon
the Mmifler, and the prinfipal Agents ot
Government. The Consuls will make,
known to the French people the officers and
Aduiniflrators who (hall have ,served with
zeal, and will point ont to public opinion
those who hive (li<*wn themfclves unworthy
of it by a culpable apaihy.
Reward will be bellowed upon the (hip
which (lull be v in the bed Rate, and the crew,
of which (hill be heft disciplined.
Order the Commander in chief of the
squadron of Brefl, as also the Generals and
Captains of (hips, to remain constantly on
board, to lay on bo«rd, at night, and to
ex rcife the crew? with new aftivity.
Eftab'idi by a regulation premiums for the
young sailors, who (hall fliew the
attivity ; and for the gunners, whb (hall
difliugmlh themfeves by their precision ir»
firincr. A single day mufl not pall without
each fliip exercising with ball, firing alter
nately at marks placed on the coast ; and
others placed iu the road.
(Signed) *
BUONAPARTE.
(True copy.)
H. B. MARET, Sec'ry.
PARIS- July 19.
The firft Tclurne of the documents ref
pe&ing the Englilh committee is printing bv
order of Government. The Police has mad*
a difcovi ry of new agents and new intrigue?.
The documents were buried fix feet under
ground in the garden of the farm of Crenelle.
ARMY OF ITALY,
Materia, General in chief, to the inhabitants
of Piedmont. :
Head qff>rt«r», MjJlft, Jaly |£'
I am informed that in fume provinces of
Piedmont there is a mmiteftation of infur
re&ional moveme its ; that there even ex
ists some armed collective bodi-s. What
can be the objeft of such moyements ? they
threaten the pubic tra quility and '.he
fafety of the army Is this the price which
the French government ought to receive for
the generous ondutt which it has observ
ed towards Piedmont ? And (hall agitata
tors deceive themselves with refp & to the
moderate nfe which it m kes of its strength
and ita vi&ories ! Piedmontefe people, ani
mated with the fame spirit of peace and
juftic* that a&uates my government I wi(h
only for your happiness and tranquility,
but not treat as an illusion the baneful con
sequences of the rebellion to which these
proceedings lead. You will bring down
death upon your heads desolation among
your families, and the devaftatiou of your
properties. It is then, in the name of your
existence, of that of your wives, of your
children, and in the names of your dearefl
intercfts, that I summon you to return to
order. Do not shut your ears to my voice
when it speaks to you the words of peace !
Do not compel me to make preparation of
force. The moment when you (hall oblige
me to march the French columns agiinlt
you, will be that of exemplary punilbment.
: Enjoy, inhabitants of the town and coun
try, enjoy the bosom of your families, the
powerful proteftion of the French army as.
fures yon, and fear to turn against you the
army made for your defence, and to pro
voke the heroes who bring fiiendlhip to the
people of all nations, but who have never
been insulted or assassinated without figi»al
vengeni.ce. This proclamation (hall be ad
dressed to the provisional government of
I Piedmont, and to the general commandii g
there, that they may each in their proper
place give it the greatest publicity. It
(hall be pHnted in the two languages, pub
lished, and potted throughout all Piedmont,
(Signed) MASSENA.
HAGUE, July 8.
We learn that the army which Gen.
Angcreau is to command on the Rhine will ,
confix of 50,000 men, pa tly French and
Batavians, and will join the corps of Gencrali
Sc. ; uiinriaeand Cartaux. Gen. An ereau
■8 cxpeded here from the Camp of Frnd
howen.
VIENNA, July i.
After a lo: g cnnference, at which the
principal Muiiftcr affilted, i t was resolved not
in accept the Convention concluded in italv
with Bor.aparte. In consequence of 'his
determination, recruiting has been Commen-
<( *