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re**mV?r 5. §
SUPREME COURT.
Charles MiteLtll, on be'oa'j"\
of himfclf and others. j Adm ; rahySide>
AGAIN /i' T p ) Iti the Coiivt of Prize.
The American Jhips sinter- |
fr\%e and America,
THIS was a Prize Cause, and came on for
hearing upon the preparatory Examinations pre
scribed by the Pike A£t, which pafied in Ju:>e,
1793 The firit day upon which it was heard,
was the 2d of January, and ten other days between
that day and the ild of January, were employed
in hearing th; Depositions and other Evidence, and
the arguments of the Council for the Captors, and
the claimants in the cause.
The Counsel on the part of the captors, were the
advocate General; Mefirs. Streitell, Shaw, and
Carririgton.
On the part of the claimants, Mr. Dickens.
It appeared in evidence, that thft piomovent
Charles Mitchell, was commodore of a fqundron,
consisting of several (hips of war, fitted out by ; the
Bengal Government, at the latter end of 1793, for
the purpose of cruizing in the East Seas, for the
protection of the British trade, which has been
greatly dilturbedby French privateers.—The com
modore being on a cruize, fell in with and captured
as prize, the Ihips in question. The matter of the
Enterprize was Henry Hubbard, a native of Bof
(on, in America : and the owner and commander
of the (hfp America and cargo, was Adam Bab
cock, who was alio .part owAer of the (hip Eutei-
cargo, and a native also of Bolton, in
Americ£ The other owners of the ship Enter
prizt and cargo, were also all of them natives and
citizens of America.
There was however on board the Enttrprize, 3
bags of sugar, each bag weighing two Ma mads,
belonging to P. A. Beaufort, a native of Fran, c,
bnt who hadten or twelve years since be:n made a
citizen and burgher of Femes, in the Austrian Ne
therlands, and thereby became a naturalized fubjeel
of the Emperor of Germany—and at the llle of
France, before the war between England and France
in 1792, this man had entered into the service of
the American claimant, as a mariner, tor monthly
wages, and it was made a part of the agreement,
that he should have a privilege of 4 tons, in which
he might employ the savings of his wagvs.—And
there was on board of the America, one hundred
and three bags of sugar, each bag weighing two
Maunds, belonging to the fame person.—The vj- <
lue of this fiigar, did not exceed seven hundred or .
eight hundred Rupees—and the value of the (hips
and cargoes, as sworn to in the affidavit of claim,
amounted by eflimationto 4 Lacs and live thoufaiid
current Rupees.
2aw6w.
The general question before the Court, was
Prize or no Prize.
This quellion, as it will hereafter appear, was
sub-divided. And by the coimfel for t!»e capiots
it was admitted—That upon the present evidence
here was no ground to condemn—But it was con
tended there was not ground to acquit.—And
therefore the cafe being a doubtful one, it was pro
per to go on to a full enquiry on a Contejlatie Litis,
as it it technically called or pleadings to be given
in by the parties.—And it was further contended,
that if the court did not tHink any further proceed
ing neceiTary, but decreed to acquit and liberate
upon the piepaiatory examinations, yet they ought
to do so, upon the terms of the claimants paying
colts to the captors. While on the part of the
claimants It wa3 contended by their counsel, that
there never had been any probable cause of seizure,
and therefore, that the ships must he acquitted—
and that the captors mult pay the claimants thsir
full coft3 and damages.
The court in giving sentence, ohferved that the
cafe had been ably argued on both fides, with great
accuiacy and learning as it deferred, that it was a
very important one, not only on account of the
large sum depending, but from its connexion with
the mercantile interells of all countries.—They did
ample juliice t j the character of Cap'ain Babeock>
who appeared to them a fair dealing honelt intelli
gent man,and who from what appeared in evidence
"had no certain, knowledge of the war between
France and England, at the time of his taking
Beaufort's goods on board—And therefore could
not be considered as creating to himfelf an advar
tage which he had no right to enjoy —They la
mented the necessity they thought they were under
of condemning 103 bags of sugar, on board the
Ameiica, which however they thought in ftridlnds
did jullify the capture of the America, as Beaufort
had not proved he was an emigrant, or that he tad
his domicil in another country. They wilhed the
(hip had not been brought into port, but on the
other hand, they saw noreafon to irrpute any unfair
motive to c«mrnodote Mitchell, who for aay thing
that appeared to the contrary, had a&«d merely
from a ienfc of duty.—The 3 bags in theEnter
prize, they did not think fufficient grofind to con
demn her, for dt minimis nan curat Lex.
The fentenee was—That the court did not fee
ground to order a Contejtatio Litis—They libera
ted the ship America and cargo, except 103 bags
of sugar, belonging to Beaufort, which they con
demned.—And they decreed that each party fliould
pay their own costs.
They liberated the (hip Enterprize with costs
and damages to be paid by the captors —The da
mages to be afTefied by the register and afTefTors,
and reserved the mode forihe future determination
of the court.
tn&thsw
HOUSE or REPRESENTATIVES.
Wednesday, January 20.
A bill received from the Senate yellerday, en
titled an a& tn amend the aft to promote the pro
gress of iifefii! arts, &c. was twice read, and re
ferred to the committee of the whole.
The petition of Frederick Guyer, on motion'of
Mr; Giles, was referred to. a felett committee of
three membeYst.
From the AJiatic rior.
CONGRESS
!.i!t f.'fii >n, was called up, n i.l 01 mo'.i-ni c.f Mr
Living!lon, ref.-t red t"o the committee of claims.
The hou'e relumed the consideration of the ap
propriation bill. The motion before the house
was to ilrike out all the items in the jjeneral eili
mate for this mint, excepting the salaries of the of-
ficers,
Mr. Williams observed, that he had made an
estimate of the expences of the mint, and the liinria
coined, which he Uave to (late to the house,
in order to aid the memhers thereof ill their deter-
mmii Kin
Expenditures,
In the yeai 1792,
1793.
»794>
Credit.
Gents and half do. coined
in the year 1793,
1 794»
Appropriations,
In the year 1795,
Defii-ierx-ies
Now called for,
Deduct for the purchase of
lands, buildings, appara
tus, machines, &c. -
From this statement, the sum of 61,531 dollars
and 52 cents hath ''een 'oft Hv the eftahliftimunt—
excepting a small sum w'ni. h ha h arisen from the
the coinings of precious metals. The t»>tal amount
of the iflues of the mint, from its firft eftabliftiment,
is :
Half Eagles.
8707
Eagles.
2 795
Hali Dimes. Cents,
86416 1066033 142534 453541 80 c/J
I This hath cost the United States 61532 dollars
and 52 cents —which is more than 13 per cent for
coinage.
Mr. Rutherford was oppnfed to the motion— :
He considered it as levelled against the institution
altogether. He ohferved that every fovertign go
vernme.it has a mint, and that it was proper for
the United States to have one at To. Much rx pence
it was true, had been incutred, but many of these
rxpences would not ocelli' again.—The iftaMilhment
is y.-t in its infancy—he hoped i r would he tried
one year longer at le ti, that a fair experiment may
be had, and that the great expellees of the iutliiti
tion may not be loft her. He compared
fucTi cohduft rot.' tt of peifon , who, after great
labour and exer on, having entered into the har
bour, should then abandon their oars, and be car
ried at the mercy of the Itrram, frulling to acci
dents to carry them rnfo port.
Mr. Giles wi s. in fivom of (liiking out—He.did
not anticipate an anuilijlaiio'V of the system from
striking out these i'ems—The feleft committee
who have the. whole business before them, will
doubtless report during the session ; when that re
port is received the House will be enabled to judge
what to do, and may continue or not the iuftitu
tion, S3 (hall appear belt.
Mr. Madtfon suggested the propriety of divi
ding the motion foasto strike ou: all that is con
nefled with the Civil Lift, which he considered
as the only proper objetl of the present appropria
tion bill.
Mr. Sedgwick said that he gave credit to the
gentleman from Virginia who had laid he did not
intend to annihilate the Mint eftablilhment. Mr.
Sedgwick added he should conlider filch a mealure
as the greatefl proltration of oui national character.
With refpeft to linking out the items which are
tofurnrfh the means of carrying tin tT>e business, lie
»ery fmlch doubted whether the Director of the
Mint woul.l think himfelf authorized to continue
the bufmefs, employ workmen, &c. if 110 provisi
on is made to pay the expence.
Mr. Giles said the gentleman had mifundeiftood
him; hedidnotfay that he was friendly or tin
friendly to the inltitution, he had not made up his
mind 011 the fubjedl, and should reserve himfelf to
vote »n the report of the feledl committee as cir
cumltances should dittate to him to he tight.
Mr. Sedgwick, said that if the law had not al
ready fanftioned the .eitablifhment, his arguments
would have some weight, but as the inftiturion Cx
iils, there is no alternative left but to provide for
its support. t I THE Maps alone may be considered as t new aniva-
Mr. J. Smith' said he considered the qceftion as ! work The intrqduflory obfervat ous by which
having afiumed too much importance-he thought i th fJ ar . e prove the labour care the co, u
.. " 111 , ■ ' ,11 5 ' piler of them, M. Barbie du Bocage, has tiled to render
it immaterial whether the items aie (truck otft or i [ hem morc accurate ,han any thing of the kind that has
retained in fl c present bill. If the institution is to hitherto appeared.
|be continued, provision can and doubtless will be This is efteemedflie befl Hillory of Greece, and one of
made for Lts support during the fefiion. the. moil amuflng and inftru&ing- works extant See
Mr. Page fu-pported the Mint establishment on Mo«,Wy, Crifeal,'AnaJitical, i.u.l EnglA aev.tw. «he
i j • , r 1 last of which speaks of it in the following terms, on con
general principles he urged its utility and laid c i ut ii n g the Account of that Review/or September 1793:
he should be willing te appropriate a much larger « jVc -will not bcftaU to ru kthcTRAVELS ofANACHAM
fum for its support than that dated in the bill. " SIS, in point of Leatimg, Gpiixt, Tnjle, and Conpofititi,
Mr. S. Smith supported the motion for striking "as one ofiLefrflprwußions four time.
, r• 1 1 11 r .1 l " That." lavs G>atiun, " which is to iaft to eternity,
out, he said the other dav some gentlemen who . .. . ' ' , r » i,«w
' , . . r , lhould be an etcrmt) inaccompMhi :g — and g.-mtis, how
now appeared in favor or appropriating so large a eve . fpknd;d) „, u!l| to o ; ltiiil i immortality, be assisted by
sum for the Mint, opposed a bill for granting mo- : jierfevuraSce. " I began the work, (fay M. Barthelemy,
ney for another objeit, on account of the exhaulied lpeakmg of the travels of Auacharlis) "in the year 1*57,
(late of the Treasury, he thought their conduC» aud fiace that time, (1788) liave never intermitted my
1 11 labours to complete it.
was hardly confiltent. ! The Travel." oi .-inarahafis' exhibit a complete view ci
Mr. Sedgwick replied luat the Indian Lill was t^e an tiquities, manners, cutioms, religious cercmoni's
not deferred on account of oppefition to.its prijici- laws, arts, and lit.rature of ancient Greece, at the period
pie, but for the purpose of ascertaining the sum tie- of its grcateit fpleudor.
ceflaty to be granted. the wide field which the work embraces, tfn
-1 ' 1 n*i • .11 eludes almoil every art, unoer the whole circle of ~u< at
The question was here taken on Unking- out all j it . 11
the items excepting that of deficiencies the moti- xra h e chosen is one of the nioft intereilmg.! is
on for linking out was negatived 45 to 40. History of Nationsprcfents :it count the ag; of
The motion then was for ftiiking out the item cles with that ot .lexandar, that ev r memorable •
for deficiencies. This was also negatived. 1 which changed the face of turope a- i ha, and give ai.
. . . .. r .1 iraoulfe to the events ot lucceejme ages J
The next motion was to agree to the vote of the ; Abfc • chofl ,„ J wnte ,/J mtWe of Tra ,, e w<
committee of ihe whole by which the item appro- rather than a Hist ory r becaui'e in fucfi a narrative all[,vj
priating 10000 dollars fpr the purchase of Copper i scenery andadipn; buthe is also an Hiilorian, a Fhi'ofy,.
had been (truck out. ' J?her, and a PohticiAn. Jan. 13+
Do!s. Cts.
7000
1864.8 28
3 2 33
58394 61
Doh. Cts•
1281 79
9593 21
10875
47519 61
24600
18300
429 00
904'9 6'
28887 9
6153' 5 2
Half Dollars,
3 Z 3'4+
n .u.ir S .
204791
Total tn Dots
//«//' Cents
of i':e w!V:>!
He gave i 1 >r. >■ rr,itiyn to the house of a recent
improvement in comm.; which whs i:t pofT-'fii ■i»-r
the director of the mint, hv wh'c': all .rnld ill
ver'and copper that can probably be carried.to the
mint from all parts of the Unite:- S:-.!.;s wi be
coined in one year, and at a much less i-jcpifictrThtm
has attended the tile of the mtch'ue lierct >i.<re
used.
M". Hilllioufe referred to the report of theh'.e
director (Mr. De SajfTure) fnom which, it appear
ed that the future operations of the mint would be*
carried on with greater facility, advantage arid with
less expence than formerly. Mr. Hiilhouic hid
been oppoled to the institution in the firit mllmice,
but he thould coOfider it as highly disgraceful to
the government to deltri.y it in this cariv ilage of
its exilteiice. Great ate neceifarily con
nected with originating an etlaMirtiment of this
nature; and he saw ho propriety in considering
that expence at this time as a reason for difcontitv
uing the eftablifiiment. It wcuid have been a3
jull to ct.argeit'to the firit cent that was ever
coined.
Mr. Williams fttpported the vote of the Com
mittee of the whole, he was for waiting till the fe
left Committee (hould report.
The motion fjr agreeing to the vote of the
Committee of the whole was disagreed to 44 to 38.
The bill was then ordered to boengroffed tor a
third reading to-raorrow.
A statement was read from the war department
relativeto the fortifications of the'ports and
hois. Ordered that the usual number of copics be
printed
A petition was read from a number of persons,
shipowners in Sandwich, Bartiliable and in MaiTa
chufetts ; referred to the secretary of the trcafiuy.
A report wag read fiom the Committee of
Claims on sundry petitions. Laid on the tabic.
On motion of Mr. Fi idley the petition of Geo.
Lucas was referred to the Committee of Claims.
The report of the of Eltdlions on
the election of John Clopton was read.
On the question to agiee to this report, which
is in favor of Mr. Clopton, it palled in the a farm H-
tivc
Two petitions presented by Mr. Gregg were
read and referred to the Committee of Clainie.
Mr. Cooper presented the memorial of iundry
citizens of Albany. Captains and owners of flap
ping, complaining of the eperatiou of a law palled
lad fcflion relative to the trade between Albany
and N-.-W York, and praying that Albany may be
made a port of entry and delivery ; read and re
ferred to the Committee of Commerce and Manu-
fa&ures,
Adjourned,
PENNSYLVANIA LEGISLATURE.
HOUSE OF REPRESENTATIVES,
Jamiaiy 20
A resolution from the Senate for thcrifing 'of
the Legi/lature on the firlk of March was preferr
ed by the Clerk.
The Houlc refoWed itfelf into a commit tee of.
the wh'ile on the bill for establishing frhools thro'-
out this Commonwealth, and after confideiabie de
bate a question was put upon the firlt fedion and
agreed to. The Committee rose, reported progress
and atked leave to fit again, which vvas granted.
Portraits,
ANY Ladies and Gentlemen, who are desirous of hav
ing their iikeneffes taken, may done by
applying to the Painter, at No. i il, cornet- of Union anJ
Fourth streets, where they can be referred to specimens.
October 29. cod
French Language
TAUGHT in the Univerftcy, north Faurth-llreee, and in
private Families, by LEJVIS C. VALLON, from Paris.
Apply to him in Cherry-Alley, No. 18, or in the Uni
versity. January 14
ANACHARSIS' TRAVELS.
JUST PUBLISHED,
[Price Ten Dollars, and Fifty Cents]
By H. & P. Ricc, No. 50, Market-Jlreet,
TRAVELS,
Of A N ACH A RS IS, the Younger, in <J}reece,
By the Abbe Ba-rthel*my,
Trarfjlated from toe French. In Jive volumes.
The fifth contains Maps, Plans, Views, and Co.ns, ilkiftra
tive of the Geography & Antiquities of anticnt Greece. ■>
TO WHICH ARE *PDED,
Tables of Epoch as of the Hillory of Greece;
A Chronological Arrangement of the Names wf Illullrious
Men; and
A General Index to the Work.
! it Se to
*iaw4w