The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-01-14 00:00:00, page 2

' 'TO THE PUBLIC.
7 INFORMED my countrymen and 'fellow citizens cn
1 the 7th of December hfi, that Congress had resolved
„ hemme, and that i did not at that time confider my
felf at liberty to address them further.
I hare now to ioLym them, that 1 have been heard by
th.t honorablebody, and have lul betor* them a narra*'
tweof ray tranfßbons, as tneir Agent and Minister m
Europe an I that I artetil their decision on my condua.
Nothing which Air. Payne has pubUhel could have in
duced me to alter my reFfuliou to remain blent, on il
toe diterminttionof Conerefs thould be known, had he
not it his wanton madness for abuse, invective and mifre
p^feurNm, ventured to Rate the adhir of the foppiies,
which were pr xnred by me m France, in a manner total
ly contrary to the truth, and i i^hly in urious to these
States, as well sto the justice, honor and dignity of the
Court of France. He has asserted and labored to prove,
t at t. ole fupphes were not a commercial concern, but a
, /that this pfot was made previous to myar
ri/al in France. I 11^11 content myfelf at present, with
amurim t. e public, that this is a f Ifenood in every part of
it, and that Conrefs have long fin e had the fulleft proofs
laid before them ofwhat I now affect, which proofs fh'll
at a proper tim* be Lid before the public.
, i cannot cond.Cam Ito fdljw this writer into that laby
rinth ofinwebve and fahehoods, into which he endea
vours to Lid the public ulgment; but as his bold affer
tionsaud preteufions to Suite fetrets may impose on per
forms unacquainted with ids character, 1 beg leave to Jay
before the public, the fallowing cut ofthe many falfehoods,
with which ins publications teem.
With a view to h ffen the public opinion of the effects of
my exerti ms in the service of my country, He fays, "that
" ive w?,bt not attribute t)o much to human or auxiliary
6c mJ, so unfortunate ^re tbje fuppUes; that only one
" feip out of the three attired, the Atertuy ahd si«ne Jell
" into the bands of the enemy."
The fad is thus, eight Ihips failed from France, with
those supples, viz. The Amphitrite, the Seine, the Mer
cure, tT hn refe, the Amelia, the Marie Catherine, the
Mere Boobieand the Flammmd. Of these eight vessels
wit:: fuppr.es of artillery, eloathing and warlike Fores, to
the amount of about four million of livres, one only fell
into the h rids of the enemy ; the Seine on account of the
season ofthe yeir went to-Mirtinnoinftead of venturing
on this cos fl, as J had ordered, and after delivering a ca
pital part of her cargo to Mr. Bingham, Agent for Con
gress, was taken by. the enemy with the remainder, on her
pillage from that island to these States
S. DEANE.
N. B. A livre is nearly equal to ten pence half penny
Gerling.
Philadelphia, January it, 1779.
Mr. DUNLA P.
Some late publications having given occasion to difeourfe
concerning likely, the persons liable to punifliment for
them, and theliberty of the press, I have extracted from
the law bouksthe f llowing observations, for the infor
mation of the public. From thence also writers may fee
how far they may lawfully express their sentiments of
men and things ,and in what case they bring themselves
and their printers into danger.
I am Sir, your humble servant,
CAUTUS,
" I BELS in this sense are malicious defama
-1 1 tions of any perf n, and efpeciady a Magifirate,
made public by either printing or writing, signs or pic
tures, in order to provoke him to wrath, or expose him to
public hatred, contempt and ridicule. Thedireß tenden
cy of these libels is the break of the peace, by fti/ring up
the ob efts of them to revenge and perhaps to blcodthcd.
The communication of a libel to any cue, is a publication
in the eye o'theliw." “ With regard to libels in ge
neral, there arc as in many other cases, two remedies ; the
one by inchament, arid another by action. The former
for the »%%/' offence." 1 he other " by action on the
case, which is to repair the party in damages for the in
jury done him, in which case the defend hit may, as for
words froken, jufi'y the truth ofthe fids, and Grew that
the plenthf has received no injury at all."
When " fcandaious libels are punished by the English
law, four with a greater, others with a less degree of se
verity, the liberty of tue press property u? lerflood, is by
no meins infr nged or violated. The liberty of the press
is indeed effentid to the nature of a free State. This ccn
fifis in laying no pr&rt. us restraints upon publications, and
not in freedom from censure for erim'nal matter, when
published. Every freeman has an undoubted right to lay
what sentiments he pleases before the public : to forbid
th ; s, is to destroy the freedom of the press : but if he pub
lic what is improper, mifehievous or illegal, he muse take
the consequences of his own temerity. To fubje& the press
to the restrictive power of a liceiifer, as was fomerly done,
both, before and Gnce the revolution, is to fubjed all free
dom of fentirnent to the prejudices of one man, and to
rn t ke him the ari i eery ,hd°e of all controverted points
in learning religion and government, But to punish, (as
the law does at present) any dincerops or offenfive wri
tings, whi h when published, ffiall on a fair and impartial
tri 4, be ad.udged of a pernicious tendency, k neceflarv
for the prefervTion of peace and good order, of goverif
roent and religion, the only solid foundations of civil li
berty. Thus the will of individuals is still left free ; the
abuse only oft at free will is theobjed of legal punish
ment. Neither is any restraint hereby layed upon free
dom of thought or enquiry: liberty of private sentiment
is Gill left ; the disseminating or making public of bad
sentiments, deftruftive ofthe en<s of society, is the crime
which society corrects. A man (fays a fine writer) may
be allowed to keep poisons in his closet, but not publicly
to vend them as cordials. And to this we may add, that
the only plausible argument heretofore used for reftraininc
the just liberty of the press, that 0 mas neeffory to pre
oent the daily abuse nJ it. will entirely lose its force, when
it is shewn, -by a feafonabie exertion ofthe laws,) that
the press cannot be abused to any bad purpose, without
incurring a suitable punishment: whereas it can never be
used to any good one, when under the contrast of an In
fpeflor. So true it will be found, that to censure the liccn
cioufneF, is to maintain the liberty of the press."
Judge Blackfire commentaries.
It is certain that not only he who composes a libel, or
procures another to compose it, but he who publishes or
procures another to publilh it are in danger of being pu
nished for it.
And it oath been adjudged, that libels as having a direct
and immediate tenden y to a breach of the peace, are in
diftable before Judices ofthe Peace.
There feemeth to he no doubt but that the offenders
may be condemned to pay such fine, and also to fuffer
such corporal punishment, as to the Court, in their dis
cretion shall seem proper, according to the hehioufnefs of
the crime, and the circumstances of theoffender.
Mr. Sergeant Hawkins.
It has been held that the finding of a libel on a book
teller's fhelf, is a publication of it by a book feller.
Sessions Cases —Hing ana Dodd,
loth of George I.
^ frss # * '3-* ^,fy tk-fy^HfyfyOd,-^^
PHILADELP H I A, January 14.
Extracts of a letter from good authority at the Hague, da
ted the ?th of September lift.
",N Holland the augmentation of the land army is pro
fl posed atthe meeting of every Assembly, and each time
flatly refyfed by the city of Amsterdam. The advice of
this city peremptorily opposed to that of the body of No
bility, has just been profited as its u timatum, to be in
ferred in the a^softhe Republic. It is a master piece of
32 folio paces, which takes up the whole ftite of the, Re
public, and points every part to its true interest. Ameri
ca is therein mentioned.'
" The merchants here are very much diffatisfied, and
complain bitterly that the Republic's squadrons are sent
far from their home, to cruize in a useless manner in the
Mediterranean, and to the westward; so that the Engluh
can plunder and seize at pleasure their merchantmen in the
Channel and in the North Sea. Finding the protection
they have a right to expert from the State so inefficacious,
those of Amsterdam have voluntarily imposed on them
selves double tonnage and poundage: the sum raised by
this imposition is employed in the fitting out of fourteen
or fifteen men of war, whose defiination is to protest the
commerce in tho e fens.
" France has communicated to the Republic the firft
Article of the regulation which you will fee in the Gazette
of Leyden of the 14th of Auguil ; in order that French
goods on board of their Ihips may be refpe&ed by the Eng
liih, that otherways all English goods will be seized. This
is enough to give you a general idea of the fermentation
in which things are here.
" I am informed from the best authority that the Cham
ber of Commerce at Picardy has advised the Republic, by
its Ambassador at Paris, that if they do not ptovide for
the security of their flag, their coasters who fail from one
part of France to the other, can be no more employed.
The cities who in the Provincial Assembly of Holland, ac
ceed to the votes of Amsterdam, or.who are nearly in sen
timents with them, are the following, Harlem, Dort,
Drift, Gouda.
" I felicitate, with al! my foul, Pennsylvania and the
Jerseys on their happy deliverance; and I pray to God
that New-York and Rhode-Inland may speedily en,oy the
fame felicity."
The following is tranGated from The Leyden Gazette.
P A R I S, August 7.
^'^H E King having ordered a representation to.be made
/ to him of the ancient Regulations concerning the
navigation of neutral vessels during a war, His Maefty has
judged proper to renew their difpofitipns, and to add to
them those which have appeared to him themoft proper to
preserve the rights of neutral powers, and the interests of
their fubjeas, without nevertheless authorizing any abuse
which might be made with their flag. Apd in conference
His Majesty hath ordered, and does order, what. f. Hows,
viz.
Article 1. His Majesty forbids ali armed vessels to flop
or conduct into the ports of this his kingdom, ihips belong
ing to neutral powers, even when they may h ve failed
from or be bound to an enemy's ports, excepted however
those who carry fucccurs to places blackaded, invested or
besieged. In regard to neutral Grips, loaded with contra
band goods defined for he enemy, they may be flopped,
and the laid goods seized and confifeated, but the vessels
and the overplus of their cargo shall be released unless the
said contraband goods should amount to three fourths of
the v lue of the cargo, in which case the whole value of
the ship and cargo shall be confifeated. His Majesty how
ever reserves to himfelf to revoke the liberty granted by
the present article, if ti.e powers at enmity do not grant
the fame within the space of fix months from the day of the
publication of these presents.
Article w The makers of neutral vessels shall be held to
juftify at sea their neutral property by passports, bills of
lading, invoices and other ship papers, one of which at
least shall prove the neutral property, vr contain a precise
enumeration of it. And as to charter parties and other
papers which should not hippen to be signed, His Majefiy
ordains, that they be regarded as null and of no effect
Article 3. All vessels taken, of whatsoever nation they
be, neutral orallies, if it shall be proved they have thrown
any papers over-board, or otherways suppressed or made
away with them, they and their cargoes shall be declared
good prizes, on the Angle proof of papers having been
thrown overboard, without any need of examining what
those papers were, by whom they were thrown away, or
whether or no a fufficiency remains on board to juftify that
the fllip and cargo belonged to friends or allies.
Article 4. A passport or permit shall serve only for one
voyage, and shall be reputed null, if it be proved that the
veffrl for which it was granted was not at the very time of
its delivery in any of the ports of the Prince who granted
it.
Articles. No regard shall be paid to the passports of
neutral powers, if those who have obtained them have in
fringed them, or if the passports express a name of a ship
different from that mentioned in the other fliip papers, un
less a proof of the change of the name and of the identity
of the vessel should be amongst those said papers, received
by the public officers of the place from whence they filed,
and recorded by the principal public officer ofthe said port.
Article 6. Neither shall any regard be paid to passports
granted by neutral or allied powers either to owners or
masters of vessels, fubjecls to the States of his Majeffy's
enemies, if they have not been naturalized, or if they have
not transfered their residence into the States 3f the fail
powers three months before the firft of September, of the
present year. Nor shall the said owners or masters of
vessels, fubjeds of the States in enmity, who may have
obtained the said letters of naturalization, enjoy their ef
fed, if, since they have obtained them, they have return
ed to the States in enmity with his Majesty, to continue
their trade.
Article 7. The vessels built by the enemy, or which
fliall have had an enemy as an owner, shall not be reputed
neutral, or allied, unless some authentic paper is found on
board, puffed by public officers, which may afeertain the
date, and juftify the sale or cession of it, made to some
one of the fubjeßs of the allied er neutral powers, before
the commencement of hofiilities, or if the said a& of tranf
fer of property from the enemy to the neutral or allied
fubjed has not been duly recorded by the principal officer
of the port of departure, and signed by the proprietor or
his attorney.
Article 8. In regard to vessels of the enemy's contrac
tion, which shall have been taken by his Majesty's Clips,
those of his allies, or of his fubeds, during the war, which
tball afterwards be fold to the fubjefts of allied or neutral
States, they shall not be regarded as good prizes, if there
are found on board a&s in good form puffed, by the pub
lic officers proposed for that purpose, ;uftifymg their hav
ing been taken, and afterwards fold and ad,udged to the
fubjeas *of allied or neutral States, either in France or in
the ports wf the allied States ; for want of which juftifying
papers, proving the prize and the sale, thof& vessels ihall
be good prize.
Article 9. All foreign vessels, on board of which there
shall be a super-cargo, mer.h nt, clerk, or officer of 2
country in enmity with his Majesty, or of which the Clip's
company shall be composed of more than one third of sea
men, fubje&ts of the States at enmity with his Majefry, or
who shall not have on board a portage bill, attested by the
public officers of the neutral ports from whence they fail
ed, shall be good prizes.
Article 10. His Majesty does not mean to comprehend
in ffi e dispositions of the preceding article, such Clips
whose captains or makers can mil fy, by ads found on
board, that they were obliged to take officers or fuilors in
the ports where they put in, to replace those of neutral
countries, who died in the course of the voyage.
Article 11. His Majesty wills, that no papers which
may be produced after the capture of the vessels, may be
worthy of any faith, nor in any way ufeful, eithr to the
owners of said vessels, or to the goods therein Clipped, as
his Majesty requires that, on all oecafions, credit be given
only to the papers found on board.
Article 12. All Clips belonging to neutral powers, Fil
ing from the ports of this kingdom, having on board no
other goods or merchandize, except those which have been
there whipped, and which fiiall have passports from the
Admiral of France, shall not be flopped by the French
cruizers, nor brought back into the ports of this kingdom
on any pretext whatever.
Article 13. In case of treffpafs on the part of the French
cruizers against the dispositions of the present regulation,
seizure shall be made of their Clips and the goods which
compose their cargoes, befidcs those fubje& to cunnfeation;
and they shall be condemned in all damages and interest
which may appertain.
Article 14. His Majesty ordains, that the dispositions
of the prefect re ulations fliall take place in regard to Clips
which shall run ashore on the coasts of his dependence.
Article 15. Furthermore, His Majesty wills, that the
article concerning prizes, in the Ordnance of Murine of
the month of August 1681, be executed according to its
form and tenor in all that hath not been derogated from
by the present regulation, which ffiall be read, publi^ed,
and recorded in all the Courts of Admiralty, His Majesty
orders and commands the Luke de Penthievre, Admiral
of France, to give full obedience to it.
DONE at Versailles, the 26th of July, 1778.
Signed, L OU I S.
And under,
De Sartine.
^^d^*^ ^±ct^^^^ ^ &±^
A FEW Firkins of excellent IRISH BUT
TER, to be fold by MARACHIE and TILLYER
at the corner of Arch and Second-streets. Also by SA
MUEL TAYLOR, on the upper fide of Market- street,
between Front and Second-Greets, Philadelphia.
Philadelphia, 'January 9, 1779.
TWENTY DOLLARS REWARD.
OROLEN last night from the late Pennsylvania Gun
' Factory, a light CAR T, with a new bottom to the
body and pieces across the fhafts, one fhaft split and spliced
as far up as the tughole. Whoever takes up said Cart and
Thief, and delivers them to the fubferiber, shall receive
the above reward, or Eight Dollars for the Cart only, paid
by
PETER DEHAVEN.
Philadelphia, Jan. 11, 1779.
I’d be SOLD by Public Sale,
At the Coffee boufe, on Wedr.e day the twentieth irft.
at Fiv,e o'clock in the evening,
A CERTAIN lot of ground, lying and being
pleasantly situated in Willis town township, Ches
ter county, within tweny two miles of this city, lying
cn the main road leading from Newtown Square to
Downing's- town, adjoining the laud of George Smend
ley and the plantation where the Rising Sun Tavern was
lately kept: Slid lot contains ten acres of good land
under good fence, a good frame dwelling-house and log
liable, twenty good bearing apple-trees, a good garden
part pailed and part post and rail fence : There is a small
stream of water runs through said lot ; now in tenure of
Thomas Wiggins. Attendance will he given by
WILLIAM ROBINSON.
A L L pei sons indebted to the estate of Ed
mund Bach, Stave Merchant, late of this city,
dtceafed, are requested to pay the fame to the fubferi
bers: And those whohave any demands against the said
estate are desired to bring in their accounts, properly
proved, in order that they may be adjusted.
JOHN MORRIS,
EDMUND BEACH, ] Executors.