y ■rtnce of th; Court, to permit his friend, Mr. Er m fkine. to' reati the paper which he had prepared in B his defence. _ m Permission being granttd, Mr. Erfkine was defir- ei ci to tike his station near the President, Lord b< Hove, and read in a diftinft and imprelfive, but m manly and unaffected tone, a paper of which the sol- ar lowing is an outline. In the whole of this paper h: the admiral appears as the firft person ; and for th* ta fake of preeifion, we /hall observe the fame method gi in our report. p< •' lam now called upon, after a long and labori- fit ou& life,-to answer charges brought again ft me from fu a quarter of high authority, which, if well found. i« ed, would go at once to deprive me of the merit of bj that afllduity and zeal, which I trust I have ever to teftified to discharge the dutie* of my profeffion, as and to promote the public service. A charge is in brought again ft me by the board of admiralty, of •that I denied my services at a moment .when they th wre wanted for the public, land called for by those re «rho iisdHputaWy had a tifpii to Command them, m If -this Charge be true,the consequences to me must e> be ferioas indeed. I am, therefore, deeply anxious w that dl the e-reumftaaces, on which this charge is fu should be properly inveftigeted, and the in motiwi which guided my condaA aa the occa- eq fion -thoroughly explained; My anxiety is increa- en fed, -not raerely from personal feelings, but from the ce higher coofideration of the dignity and indepea- n« denee »f the navy, which I cannot but regard as hi implicated in the issue of this cafe. If my honour hi ftould, in the present inftanoe, be deltroyed, the th honor of those refpeftable personages who compofc ac this Court, whose character forms the highest orna- b( Bent, and the b'ifft fetUrity of their country, may th be tarnished by the feme means, Which will then ei have been ftieccftfulty employed against mine. Ear- w lyin February 1 was appointed to the command of in a squadron destined , for Barbadoes. My state of e: health had for some itlne, been so precarious, that ai had I been disposed to (brink from the service, I h might have declined the command without any fear tl of reproach. No diffictfty would have been found 01 to supply the appointment, as it was a Situation of ft honor and emolument Which many are naturally de - t; firous to 'fill. The state of the Weft Indies was p then extremity critical. From the inclemency of n the winter and aatumn, the (hips destined for that » quarter had been prevented from failing for aeon- ft fiderable space of time, and it was rcafonably to be ji concluded, that ministers would be deiirous to take c the firft opportunity to expedite the necessary sup- b plies. The urgency was not pointed out to me, a under which my services were particularly required, n nor was any communication made, that 1 Aiould be c required to take upon me the Chief command. A c superior officer was at that time on the station for v which I was destined. Under those circumfUnces ti I accepted the appointment. I never conceived r that it wa*'intended that I flhould supersede anot!i> ii er. I received no intimation that admiral Sir John ji Laforey Would deliver up his command to me, nor t was I entrusted with any immediate meifage to that I Command. In this Situation I could uot-befenfi t ble Of theurgency which has since been alljdjged of f tay prcfcnce on the station, I conceived myfelf to £ be chiefly employed for the conduct of the convoy, t Their expeditious dlfpatch, and their fafe arrival f were the Br ft objects of my folicjtade and atten- c tion. Such was the impression uader which I iai- t W- Thc'acatdent which beful tii» Royal So»ci- t eign, at an early period, has been already detailed ( in the journal which has been read to the Court.— ; On the jth March the (hip had fuffbred fofeverely s from the consequences of that accident, that she < could neither lie it anchor in security, or keep the I sea with fafety ; it was then, that knowing her to i be totally unfit for foreign service, I formed the de- I termination to return to port. There was then no 1 proper ship near roe, to which I could transfer my i flag. 1 should have thought it criminal to deprive i *iv country of any resource applicable to its service by employing it under cirenmftances, in which it could not possibly be available. Still, however, so ,! much was I impelled with what I conceived to be i the original and chief object of my appointment, 1 that previous to my return, I resolved to carry on ! the convoy beyond the latitude wherein they would be moll exposed to danger. This object beinf ac complifhed, 1 delivered the convoy toCapt. Lewes, of the Minotaur, and returned to port. lam bla med for not fhifting my flag to another ship. In answer to this 1 have to remark, that the squadron ander my ordeTS was parted. The Alfred, the Un daunted, and the Prompte, had been separated from the Royal Sovereign. The ether three,, the Mars, the Minotautv and the Quebec, independently of their inftruftions to accompany me along vtrith the convoy, had other secret orders under whichr they were to aft. So little was it then the intention of the admiralty, that all these (hips should compose my squadron, or be employed for atiy immediate service on the station in Which I waa destined to aft that I had even no communication with them on the fubjeft. 1 admitted, that I had the power to have fupeTfeded their secret inftrufttons, and to have em ployed them soY any purpose of the service, if any strong and imperious neeeffity had called for the adoption of such a meafare J might therefore have removed my flag to either of those ship*, and thereby have interfered with the operations of the feeict orders. Usqneftionably I might fj have ac ted, if either neccffity demanded, or expedience flnftioneo' the propriety of fhifting my flag ; but by such a Itep, I should have rendered myfelf liable to a Court Martial, for an inquiry into my conduct ; and it is surely extreme'v hard, that an officer by following his own jlrdgmiftSfj should be fubjeft to the ticry proceeding, which moS fcpvebeen the con sequence. if fee had adopted a °PP°' lite line of 'conduct. Bffides, the v * er s not Sited fur foreign service, nor were they fu^ c '^ r:; 'f provided with (lores arnd provisions. I had, tv.' e l vf months in an official capacity, dated to mill-J ifters, that the Minotaur had defefta in hei bottom, that she Waa boxed ; and I have since learned that flic had been two ot three times a(hore. If, in shitting my flag to another ship, I had merely transferred my person at the rifle of my health, and my life I should not have long hffitated how to aft, nor do 1 flatter myfelf that I should have felt much' rcluftanse to have made a facrifiee, whieh was required by my duty. 1 But aa an officer, it was not my business to throw h; myfelf into another ship, where I was sensible my oi exertions could be of no service. It would have at been unworthy of the honest pride of a Britifli sea- h man to have given up his real duty, for the appear- oi ance of an ostentatious and fruitlefs zeal. It would in have been inconsistent with naval custom, and eer- ®t tainly not beneficial to the public interett, to have C given up officers, wfaofe fidelity, from the long ex- S perience of their trie I worth, had ensured my eon S| fidence, and whose ufefu! services merited my grate- w ful esteem. It surely ceuld not be expected, that fa i« the precarious state of my health, I should em. pi bark in an arduous and-critical service, with officers ed to whom I was entirely a stranger, and without the pi afliltance of those whose character I approved, and b< in whose talents I could fafely repose the execution b< of my orders. On the other hand, to have made si' the regular change of officers and crew, wauld have th retarded the convoy, whose voyage if was of so at much consequence to accelerate, and would have til exposed them to all the dangers of delay. Besides, so was it considered what length of time must be con- ui fumed, and what inconveniences incurred, in mov- re ing stores and provisions, to ships not intended or m equipped'for service. If, during that period, the th enemy had made their appeatance, not only the te convoy wonld have been exposed to the most immi- le nent hazard, but even his majesty's ships would ci have been endangered, and the consequence might ac have been extremely fatal to the naval interelts of th this country. Really in this point of view the plan in adopted must appear to be the best that could have T been pursued for his majesty's service. I entreat to the Court always to hold in remembrance the diffi- >° eulty and embarrafFmcnt which he must experience ci who has to form his decision from the impulse of bi immediate and pressing necessity. If in this predi- P< cament I have not formed the best decision which re an unerring judgment would have adopted, for the m honour and advantage of those who arc placed in tl the fame situation with myfelf. I claim the cxercifc ti of a fair and reafenable discretion. By culiom, oi superior officers are never made refpbnfible for pet- tl ty mistakes, or flight differences of opinion. In the ' s present inttance I have to observe, that the eom- h maad was not prefled upon me by authority, it was f< not'only undertaken voluntarily, bat after o such a series of illness, as- might have fufficiently n juttificd me in declining t. It was pursued at a ti contiderable expence of equipment; it was followed 11 by extreme anxiety and unremitting activity for the tl attainment of that object, with which I conceived 1 myfelf to be chiefly cntrufted. Under those cir- v cumftances, it would be uncharitable to ascribe my h conduct to a willful abandonment of the service. It a would be abiurd to impute it ot a deliberate purpose r to facrifice the credit acquired by a. long and labo- e rious life. Ido not believe that it is possible to c impute to rae a base and disloyal intention. If my r judgment is pronounced criminal, it will only be on 1 the ground that it has been weak and ignorant. I But I entteat the Court to beware how they coun- 3 tenance the dangerous precedent of allowing the solid claims of tried service to be weighed in the ' fluctuating scale of fpecalation, how they reduce ' the character of a superior officer, inverted with a \ great rcfponfibility, to be tried by nice, (hades of ' opinion. It it one thing to decide on the spur of ! the occasion, it is another to deliberate after the 1 event has actually taken place. The conduct of a 1 superior officer is entitled to be examined by fair 1 and candid rules of interpretation, making every 1 allowance for flight differences of judgment, and even for those accidental errors which are insepara ble from human frailty. On the firft charge I ean aot but remark, that even after my return to Spit head', 1 was continued in my command, even honoured with frsfh marks of confidence. This manifeftly shews, that though my judgment was disapproved, ftili I w'ds not charged with the itripu tation of any neglect of doty. Had 1 complied with the frefti orders, and failed in the Aftrea, 1 should unquestionably not have been brought before this Court aniw#r for my conduct on board the R.oyal Sovereign. An officer, strongly fufpefted of labouring under a charge so atrocioun, would not have been employed in a station so ardu ous and critical, sfrhile so many fkilful and merito rious men could readily; have been found to fill the appointment. My answer to the fecend charg* is so eflentially involved in the firft, that I shall not i, detain the Court further on that head. I now pro. ■ ceed to the third charge, that of difobcdience. In i the cafe of pefitive orders, I certainly had neither , judgment to form, nor discretion to exercise. I f had only to obey. I trust that it forms no part «f r principles, nor has it been the tendency of any ac r tion of my life, tofhake the influence of fubordina f tiort. I solemnly and firmly deny that I have been e guilty of disobedience of order*. When I received t the order to go on board the Aftrea, the object t could no longer be the eonvoy. It must be witn a e Aiew to aft in the Leeward Island station, and such e a commission could not be lightly accepted, under f eircumftances by which 1 was deprived of all the f afliltance cn which I was most accustomed to rely, e If the abridgment of my own convenience, and the e facrifice of my health had been the only evils to be d dreaded, I might have braved the worst. But I e wag in no situation to accept of so serious a refpon :- Ability. The state of my health was such as gave 'e me tio reasonable affurasce, as an honest man, of it being able to discharge my duty properly te the le public. Had I gane out in the Aftrea, I should ; have been a fitter object for an hospital, than for y the management of an important command. In my o answer to Lord Spencer's letter, I mentioned my readiness to go out, as soon. as the Royal Sovereign )- was refitted. 1 did frot'expeft that such an offer >t would have been treated in the light of a mutinous 1 refufal. I mentioned the precarions date of my rt health as the reason why I could not go-aboard the Alt res. But on the tejeftion of my petition, there ■i 11 tJO evidence that I would have refufed to obey a e positive comiJiand. After having Hated the diffi rs ciritics which I found in the way of compliance, my >, cotifcience would ndt have been relieved, and 1 k should have felt less difficulty to obey a repetition T Q f the order, whatever might hare been the refuk. If My letter contained only a proportion ; if that was e (negatived; tf the original order bad been renewed, St 1 ft ill had declised to »bef, the Court would then have only had to consider the iingle point, whether lij or not I was in a capacity to go ? The Noble Lord K at tie head of the Admiralty, mentions in one of tr his litters, the example of a commander wbo went tr out it a frigate to the Weft-India ftat ion, in a former h( tnftarce. The frigate, however, was exprtfaly fitted T ®Ut for the purpose, and the officers fcle£ted by the Coramsnder himfelf. In a fubiequent letter Lord Spencer ordered rae to continue my flag hoisted at ot Spitfceai. It is impofiible therefore to charge me with disobedience to the fiift letter, till the second came in mfwer to my proposition, which put a com* D pleat negative upon the firft. If it had been hint- 1 ed to me that such a conilruftion would have been B put apon my proposition, as I now find to have H been the cafe, an opportunity would then have 1' been afforded me for explanation. But no such in- W finuatjon was given me tils I 'eceived the notiee of A this I,do no* at all llandin the situ- A ation of lit) officer juflifying djfubediencf. The in- A timate connexion in which I Hand to a Noble Per- A fon*high in office, and the principles which I have T uniformly fupportcd, will prevent me from being A readily considered in such a ligiit. I did not set up T my precarious f\atc of health as an ultimate bar to M the service on which I was ordered ; I only submit- A ted to my fuperiar officers, as a reason why I was F' less qualified to undertake it in the particular cir cumitances in which I was placed. If any rule be adopted to render this conduit criminal, I shall be E the firft victim ; an! the present will afford the firft to instance in which such a rule h-ig been adopted. th The whole system of British law is calculated, not "" to entrap men in snares, not to entangle them with insidious sophistry, but to afford to all a system of T candid interpretation Mid liberal protection. It is -*■ built on the eternal principles of jultice ; it istem- pered by the mild spirit of humanity. Having now refuted the charge of disobedience, I must just re- E: mark upon the ccnfttu&ion put upon my letter by the firft Lord of the Admiralty—a conftruftion en- 10 tirejy foreign to my intention, and, I trust, not - obvioullytobe deduced from the exprefiions in which the letter is couched. If, in thufe expressions theie is any thing faulty, 1 (hould have been happy to T have 'affitded an explanation. Those in our pro- ' session surely, least of all others, in the mode of exprefion they may adopt, to be fubje&ed to nicety ofcriticifm, or puzzled by subtlety of dif tin&ions. The noble lord imputes to me, not only my returi, but insinuates that I was ever averse to the fervig'. If a superior officer, in the exercifeof that difcrttion with which he is ftippnfed to be in vested, ista be exposed to such insinuations, the higher hit rank the more painful is the talk imposed apon hin. The duty of a captain is compa ratively rafy ; he has only to obey a few simple and explicit nders. Those in a higher rank, who re ceive grater latitude of inftru&ion, arf& have a more anple field of discretion, have to encounter - the evil of ambiguity, of innocent mistake and im puted legleft.. With refped to the cotpmand of , an expedition there are many different judgments. The fitiation of an <.ffi er is peculiarly critical.*— He is allied to a painful duty» to dangerous emi nence. His character fufTers from queltion as well 1 as cotdemnation. Yet the service brings along with it man; aiduous toils, many fcrere facrifices; nor are thdw wounds which assail hiseharafter the leaH of tbofi ovils which he is -exposed to ftiffer. On this futjeft I feel much—more than I can express, and you vhom I new address will feel along with me. My ■ |. COMMtN ICJttlOtfi. n The translations from French papers, which abuse d the Government of tho United States, ought to be & read with extreme caufcan by our Citizens ; they a are entitled to no credit or influence. It is well h known that Paris is the grand centre of attraction ;r to a number of persons calling themselves Ameri ie cans, who hale civil liberty, law, and government, f. as much as every regenerated son of France adores re tbetn. As all real Americans, who are friends to >e the freedom and independence of the Uaited States, I rcjoice in the independence and freedom of France, 11. s O , all true Frenchmen who love their country, re re joice in our peace and prosperity. Frenchmen Df therefore can never b« fiippofed to be the authors ie of ealumny on the character of our government and Id the political Savior of.iis country, Washington. 9r No—the Independence of the United States is affail iy ed thro' the medium of the Paris papers, by renega iy does ; men who really have oo country ; but who rn like crows, " the carcase is, there are er (key gathered together." Men who have proclaim us ed eternal'Waf with justice, honor and faith ; to iy whom laws and government are a terrible scourge, ie and who therefore will never be at peace till they re get beyond their reach. I . THEATRE. iy The bill of fare for To-morrow Evening's En -1 teTtainment confiftsof a rich variety. )n The performers, for whose benefit the night is lt. : assigned, have in their refpeftive lines that merit as which will; it is hop?d, attract the aitcntieo of the St patroas of the Theatre. The little any Cillefple, who has so often Ae lighted the audience, appears for thf. last Tims, Her connections whieh are/ refpeftable, mean to transplant her budding Genius to a feene where we trust flte will make improvements that will capacitate •*"*" - her to aft her "part on as ufctful, if not so public a Theatre. An occasional address spoken by Miss Solomon on the Night of her Benefit in the Chara&er of little Pickle. IVrillen by Mrs. Raiufon. DEAR me what ffiall 1 do I'm in a fright, 1 fear I've play'd a foolifh trick to night ; But pray now don't be angry, pray expufe me i 'Twonld break my little heart should ymi wrfiife rrte. I'm a fporl'd child. Mamma who dearly loves me; Whate'er I do kisses me ;md approves me, And you my generous i:iend» when I appear And ftiive with all my pow'rs to pleafecyou here i Are so indulgent to my want of merit, And by your plaudits 10/ late my spirit*— ' That I forgot you hax! been, used to fee 1 A better Little Pickle far than me : ; ' 4 Then do for once at lea ll forgive ray errors, Make some allowance for my childish terrors ; And tho* at all times candid and impartial, Forget for this on* night the Charming Mrs. Mar shall. marriei).] — Last evening bv the Rev. Do (ft. Ewing, Mr. MILLER of Georgia; to Mrs. CATHARINE GREENE, widow of the late Gen. GREENE. OEORQE^HYDr;,- HAS removed to No. 149 Chefnnt street, between 4th an«l jth streets, where he is prepared to continue the, bulinefs of P»ookbindine, Extenfivcly in all it» various branches. ACCOUNT BOOKS, of all kinds, Ruled and Borvo to any pattern, in thebeft ami moil|xpproved methods. June 1A ■ § teol Wm. HOLDbRN KSSh, No. 76 High Street, HAS received, by the latest arrivals from Europe and the East Indiesf a well felefted aflbrtment of Silfc Mercery, Linen Drapery and Geods; which he wi'l fell, Wholcfale and Retail, on the lowest terms ; AMONGST WHICH ARB, Some fine India muslins embroidered with gold and silver Superfine Book, Ja'cnudt, and Mulmul ditto Do Jo dft "do Handkerchiefs Some extra black taffetics,luteftringsand colored Pctfians Baodano Handkerchiefs Long atid fltort Nankccni Engiifh Mantuas of the fir A quality Damalk table'incn'and napkins, very fine Silk Hofitry, an elegant aflbrtment Thead and cotton do Umbrellas—green, fill'., oil'd do. and do tlptll French cambrics, vefy fine Iri(h Linens, do. &c. &c. June 14 5 New Theatre. Mr. BLISSETT, Mrs. £>E MARQUE, and Mrs. BATES's NIGHT. ON WEDNESDAY EVENING, I*, , r Will be prefentcd (never performed here) an inter* efting DRAMA, in foura&s, raljed t The School for Soldiers. Major Bellamy, - Mr. Green. Bellamy, - Mr. Moreton. Colonel Valentine* - Mr. Beete. Captain Valentine, - Mr. Warrell,-jun. Mr. Heflor, - Mt. Francis. Frederick, - Mailer Warrell. Mrs. Mildmay, - Mrs. Harvey. Clara, - - Mrs. Marshall. Preceding the Play, a humorous PROLOGUE, in the character of a COUNTRY BOY, by Bliffett. End of the Play, (for that night only) A Peep behind the Curtain ; Or, Whimsical Strictures on Acting. As taken from Collmg's Brush—By Mr. Bates. Prefaced by an introductory SONG, —The Striking A6l or, or a Story of jack Slv and John Bull, —Spout- ers and Spouting Clubs displayed,—An Anecdote of Mr. Garrick and a Tragedy Tailor—An Audience ta -1 ken by Surprize, or the Prince Of Denmark and a I Scotch Pedlar—A Butcher of .Blank Verse cutting up . King Lear—Monotonizing and Lisping, displayed by . Bajazet and Tamerlane—And a humorous Vocal Pa -1 rody on Shakeipeare's Seven Ages. „ After which, a PASTORAL DANCE, (compofcd. bv Mr. Francis) called f LES DEUX SOEURS s Or, The Lover Metamorphosed. 1 By Mr. Francis, Miss Gillefpie, and Mrs. De Marque. . To which will be added, a MUSICAL DRAMA, ia one sA, called THE PURSE; Or, Benevolent Tar. The Music composed by Mr. Reeve.—The Accom paniments and new Airs by Mr. Reinagle. "e Baron, - Mr. Green. « Theodore, * - Mr. Moreton. y Edmund, - Mr. Darley,jun. |j Will Steady, ffirft time) Mr. Bates. The Page (firft time, and being her last appearance on any Stage) Miss Gillefpie. Sally, - - Mrs. Oidmixon. '» Tickets to be had of Mr. Bliffett, No. it» Appie rs Tree Alley; Mrs. Demarque, No. jt, rf. Eigbth -0 street, and of Mrs. Bates, the earner of Seventh and . Chefaut-ftreets. v* ■ , ■ - ■ ■ - ■ - e, ALL perlons indebted to, the Eitate e- jTx. of Robert Stethnson, deceased, or to the cn late partnership of Robert and Cornelius Stevenson* rs arc requested to make immediate payment, and thffe j having any demands against the fame, will bring thsm. in for settlement. CORNELIUS STEVENSON, Administrator, and surviving Partner, No. r»4, . Spruce-street. a * June 14- 3*wtf 1,0 UMHED STATES, V " • 'e Pennsylvania Diftriil, 5 n " '* hereby given, that in pursuance of a. to IN writ to roe diredted, .by the honorable Richard r e , Paters, Esquire, Judge of the Dlfirifl Court of the \J ' nited States, in and for the Pennsylvania Dlftritf, wall Ibe exposed to public sale, at Jeffe and Robert. V\ a! a '» ' wharf, on Saturday the 18th day of June inft. at *% ' ' o'clock at noon, Sundry Cafka.of Wine, and ,n * Article* ot Tackle and Furniture. • The fame having been Caved from the hri»antin* . Caffader. hbellert against, pro&cnted and condemned for salvage rn the laid Court. ;bt , WILLIAM NICHOLS, Marshal. Marlhal • Office, thaiath day of Jtir.e, 179 ft. §