The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-01-09 00:00:00, page 2

That they apprehend the language of asperity and menace, de
livered in an authoritative stile, is unbecomingly addressed to a
Grand Jury, who, by being regulated in their conduct by their
principles and their oath', ought not to be biaffed by the exercise
of power, or the influence of office, however elevated. They
can readily conceive that precedents of this kind (as were indeed
observed and quoted by the Court) may be found in the slavish
times of the Tudors and the Stuarts; but they are convinced that
no such instances have existed, since Liberty was fixed upon a
permanent basis at the Revolution.
Your Memorialifts are of opinion, that a clear conviction in
their own minds of a bill being " writ true," from the evidence
produced, is a fu fficient reason for not submitting it to the ulte
rior decision of the Petit Jury, which the Chief Justice prescrib
ed to them, as their line of duty.
That they are fully persuaded the requifrion made to the Grand
Jury, individually to" give their reasons to the Court, which in
duced them to return the bills they p-efented '' not true," was
an encroachment upon the sacred rights of Juries, which form
the bulwark of our civil liberties.
'After fir mbit fcrutinizing'filF-Hamin^imj they Feel thern
fe'ves affurri of the puri'v :-nd re&hude of their intentions ;
and do t' terefore, in drfen<e°f their violated rights, and in ti^eir
owp juflifi^ion. request the permiihon of the Court, to clear
themselves from the charges Jle 'ge? a.ai^ them, --and to efta
bh'<h th p propriety and unrightnefs of the r conduct.
That if ay the g should fab from them, which, by a forced
, ohruArn, mgh: apnea d frcfpcA'ul :o the Cour ,---rl ey
slitter 'hr fel^es, --th.< 'he r un^iken ceal for the liberties of
tre ; .r country,--- their fidelity t their trust, —and the relative fi
toiJ 11 thev (land in with rhei- fellow-ciriz-n of the State. --
whir' ate the motives that alone actuate them,---will fully plead
tneir apology.
That they hav been accused of hav : ne examined witneffe-.
or the ab ve-mea ioned idiftments, not previously approved of
bv the C urt :--Y ur Menn iali's have been taught to believe,
t at 11-x'mina n I all witpeffes (la ^r. og under no legal
difctnlifi^tfba) is founded upon law, retfon and practice,---is
, iMv inherent in a Grand jury,—and, in free governments,
Ih oil' he ecured by e^e-- redtaint of the mos trigorous con
frru&io ; - confine r.ly, that the attempt to deprive Grand
A Negro WENC H
To' BE S O L D..
She is about 22 yeasof age, has had the small pox,
and is fit for any knd of h rafe work, and is % good
cook. She must be fold out of this state, a# the law
will not admit of her being fold ink. or flic will be ex
changed for a smart, likely Neg ro Boy or Girl, of a
bout 16 years of age, who is registered agreeable to
law in this ftati. Enquire of th. printer. Jan. 7 .
It was a demand too, that militated in open defiance and vio
lation of their oaths and affirmari-ns, from t'~e obligations of
which, they know no authority on earth that has a difpentin*
power to release them.
That they solemnly pledge themselves, the accufatinn of the
Chief Justice, ftigmvizing the Jury with partiality, in refuting
to examine evidence, is ill fouuded---the Jury having deliberately
and difraffionately searched into the merits of the case, and ha
ving firmed a decision thereupon, before they had a knowledge of
any further teftimeny intended to be offered by the Court.
In order, therefore, that the conduct of (he Court may not,
by our acquiescence under it, pass into precedent, and be quoted
in future cases as an authority,--- Your Memorialists conceive it
an indifpenfible duty they owe to them elves---to their country---
and to posterity---to leve on record a testimonial against it.
To them!elves---to evidence that they merit not the inferences
of perjury, which might be drawn from the language of the Chief
Juftice;---to their country---that Courts, finding that Grand Ju
ries will fopport their own rights, and, with them, the liberties
of the peo le, may not attempt to encroach on them ;---a<d to'
posterity---that no advantage ipay result to their prejudice, by our
Silence.
That these benefits, arising from their salutary interposition,
may not be loft, they pray that this Memorial may be filed
amongst the proceedings of the Court.
Pbihd. Jan. 6, I,s\
They conceive that the doctrine of the Cour 4 ", —of having a
right to confront the evidence they Ihorld examine, on iir'ift
meots brought before them, ts not only 'departing fr m the solid
principles of la-v and liberty, and trusting to the drfcretionary
power of judges,---but would, if introduced into practice, be
fubvprfive of the oaths ot the Jurors, who are bound thereby
ci ligently to enquire into and piefent---ce whale t^utb; which,
d übtlefs, cannot b. afeertained and eftabliflud, with fGs.aa.ory
precision, but from the result of reftimony on both tides. It
would likewise give to Judges the cpp rtunity of suppressing,
fron improper motive, such evidence, as might tend to excul
pate the party accufed.-—lt is deffruaive, too, of the humane
intention of toe law, which benevolently designs that no person
iball be convicted, out on the solemn decision of twenty-four
rerfons, delivered into Court.
Your Mem<ralifts are of opinion, that the suggestion of the
Chief Justice---" that the Grand. Inqneft of the city and coun
" ty were biafled, and Ad away by the spirit of party vi*ws, and
“ that they had been tampered with by the authors of the obnoxi
“ ous publications," involved i ^it a criminal cha-g ,o' a hei
nous and offer.five nature, that exp fed their moral characters to
doubt and rifeuffiu\---was highly insulting to their f-eli gs---and
was an unmerited attack upon their irarity of conduct
Toat it is pufiib e imputa ions, fall ng from such high autho
rity, may make irapreffinns, that will remain 1 ng, and affect
deeply.---and that until they aib cleared from Qh weightv accu
futon, they ate feats! of being virtually incapacitated from serv
ing the'- country in the fame characters. Candor and impartiali
ty are tue efl'ential qualifications of a Gra,d Juryman.— under a
de,r ration of wh; h, the censure o' the Chief Justice tended to
lav them when he accuse! them of delivering into Court--. a
faife return. Matter of such serious confequenre, falling from
the Bench, Ihonld be fopported on the bro. d bads of truth.
urns of Ais iovamahle privilege, is an obPruftion to the citi
zen's claim of right in the present indance-.-and, if acquiesced
it, raaht he drawn out ioto precedent, so as to prove a most certain
f-'^r of t k ?m in fan e, to the great detriment and degradation
of the members of this free Commonwealth.
Signed,
Zebulon Potts, Foreman,
Samuel Caldwell,
William Bingham,
William Turnbull,
Robert Hare,
John Shee,
William Davis,
George Ord,
Reuben Haines,
Jacob Barge,
Jacob Hiltzheimer,
John Harrison,
David M'Cullough,
Samuel Wheeler
Derrick Peterson,
Caleb Emlen.
Various apd contradictory have been the reports dir
cuiated in this town, relative to an engagement of the
London, during her cruize, with a French line of bat
tie (hip, Le Scipion ; the printer of the Kingston Jour
nal is therefore happy in having it in his power to give
the public the particulars of that engagement, he hav
ing been favoured with the following genuine copy of
captain Kempthorne's letter to the admiral :
[C or Y.]
At 12 at night, the enemy right a-head, about a
mile and a half diflant, under all the fail he could
croud; the light airs, during the remainder of the
night and the next morning, enabled him to preserve
his dtflance without the reach of shot, and fleered for
the shore, which we saw at day-light of the 18'h, the
east end of Hispaniola, south four or five leagues ; at
10 it became almost calm, red being so near the fh'ore
where there was no anchorage, and the enemy elofe
in with the break rs, (landing along shore towards
Samana bay. I sent an officer to inform capt. Gi
doin, of i y reason for hauling off., the Torbay con
tinued the chace. At one, P 'M. (poke the Badger,
who sent us two pi! ts, but neither would take charge
of the ship to Band farther into the bay after the ne
my, from the Rate they found her in. Wethen low
ered our fore-yard, to reduce the yard-arm, and fhift
the rigging; bent the main top fail fora forefail, and
(hipped a new tiller. The people employed securing
the lower rigging, backpays, & c . that were (hot a
way. At half pas l 3. the Torbay got up with the ene
my, and began to fire her broadside, when the enemy
put large and ran for the shore. Captain Gidoin can
belt inform you in what Rate he left I er, as we were
at too great a distance to give you a just account, nor
had we an opportunity, to (peak with him since, as
the wind blew f r efh on the shore, and a swell running
into the bay, we made all the fail we could to get out.
The officers and ship s company exerted themselves
tothe utmoftof my wishes, and have a just cirim to
my most graceful acknowledgments. 1 hope their
good conduct will be found to merit the honour cf
your attention.
N E W-V OR K, January 4.
A few days since was sent in here by a privateer fehoo
n r the flbop Sally, loaded with boards, bricks and
onions, bound from Nantucket to Philadelphia, com
wooded by captain Huffey
Y herd y arrived the fliip Trooper, in about twenty <
fix d.ys from Jamaica, by whom we havethe following
advices:
KINGS TO N, (Jamaica,) November 2-
On M aid .y arrived at Port-Rlyal, his/rnajefty's (hip
London, James Kempthorne, efq; commander, from
a cruize; and a sloop, prize to his mijefly's ship Tor
bay,'
O N Tuesday, the 17th inflant, his majesty's ship
Torbay, and badger sloop in company, and the ifiand'
of Zacheo bearing S. by E. fix or (even leagues, at nine
in the morning we made the signal for two fail in toe
W. W. and chaf'd per signal ; tney were on the lar
board tack, Handing towards us, and we soon perceiv
ed them to be a line of battle ship and a friga e of the
enemy, who tacked and made all the fail they could
from ub going large with the wind on the (larboard
quarter, and deemed to draw from u in light airs. We
cleared ship f<r of?ion. At 25 minutes past two, P. M-
Che line of battle ship hoifled French colours, and fired
her Bern chaces, whi h he continued to do, as well as
the frigate. Finding their (hot went over us, we bore
up and fired the starboard guns at the line of battle
fllip ;at sor r y minutes pift five repeated it, the enemy
continuing to fire their fierp chaces ; at eight, we were
elofe up with the line of bittie ship; hauled up the
mains il, and took in the fore Rodding fail : fifteen mi
nutes after, a elofe afton cammenced, with a heavy
fire which continued near 40 minutes (the frigate being
on the larboard bow) The line of battle ship attempt
ing to bear up, we put our helm hard a port, in ordr
to cross his bows, or lay him athwart hawfe; but be
ing so closely engaged, we boarded each 0 her bow and
quarter, the enemy's larboard cathead abreast of our
it rboard gang-way, and the action continued as hot
as ever, when the enemy backed clear of our quarter,
our mrin and rhizen top fails aback. We inflaotly at
tempted to wear, to elofe with him on the (larboard
bow, but in t is we were greatly disappointed, the lead
ing block of the weather tiller rope being shot away,
with part of the f^eep, and the ship came with her
head to the wind before we conil g=tthe helm a-wea
ther, by the assistance of the relieving tackles, the ene
my had time to pass to leeward under our flern, and
raked us with his flarboard guns. The ship being wore
as soon as possible, we reviewed the action, leading
down on the enemy's (larboard bow, and t e frigate a
head of him, firing her broad sides till twenty minutes
pas lten, when the line of battle ship ceased her fire, and
her colours down. We concluded she had flruck, as
toe frigate had quitted her and hauled Iris wind up
on the (larboard tack. At 40 minutes pafl ten, the
line of battle fh'p being nearly a head,, we p rceived
her to hear up, and make from us, w. en we hauled up to
bring force of our bowguns to bear, and fired three shot.
Hethen haul-d up his m riafail, and seemed to bring to,
his main-topsail half down, and his top-gallant sheet&, y
i'o The Torbay coming within hail, I informed captain
Gidoin, that I hupp fed the enemy had Bruck, and re
qnePed he would go down to her, as our firuatica pre
ented us from making all the fail we could wish, the star
board fore yard arm being (hot away, all our fails much
cut, with force of our braces, running rigging and tiller
rope, the mizen-maft very mu h wounded, and the m
zen yard and tiller partly (hot through, and all the boats
but one rendered unfer viceable ; that I would follow him
with all the fail that I could possibly make, and get
the ship under command. Captain Gidoin informed
m~, he would instantly go down, and made fail accor
dingly. The enemy was then making off, and setting
all the fail he could; we reeved the tiller rope and
braces, and set all our larboard Budding fils, and
hauled in the flarboard.
London, off the East End of Jamai a,
the 26th Oflober, 1752.
S I R,
A lift of men killed and wounded on board his majes
ty's ship London, on the 27th of October, 1782.
Killed; 9 seamen.
Wounded; lieutenants Burgess, Hankey, and Trig
gl Mr John Mouatt, maker's mate, Mr. Jameg
M'Taggart, clerk, and 70 f amen.
Since dead of their wounds: Mr. John Mouatt,
and 6 teamen.
Nov. 16. Saturday arrived at Port-Royal, the ship
Margaretta, lidem with naval flores and dry goods,
from Bourdeaux, bound to New/Orleans, a prize to
his majesty's frigate Success, taken under imperial
colours.
Tuesday his majesty's (loop of war, Endeavour,
captain Perkins, after a fuccefsful cruize of three
weeks, entered the harbour of Port-Royal. Her
captures confit of three schooners and a snow -
Th"latter failed from the Capes, in company with
ot er iranfports, having troops on board for the
windward islands, but being a dull sailor, the con
voy took out the troops, and ordered her back to
Hispaniola.
Nov. 23. His majesty's sloop Jamaica, returned
from St. Loci', with dispatches for his excellency the
governor, and admiral Rowley. Before her d parture
fr^m that island, information had been received of the
arrival of his majesty's Ihips Bristol and Proserpine,
with a fleet of iranfports, store-ships and victuallers,
and a few merchantmen, which failed from Ports
mouth at the fame time with lord Howe. W. Lam
be t, efq ; lately appointed commissioner of the 'na
vy for Jamaica, is a paffepger on board the Proser
pine, waich, with the few ship; destined for this island
my be daily expected.
Advices by the Jamaica mention, the capture of two
very large French store-ships, each of them pierced
for 60 guns, and armed en flute, one of them by bis
majesty's thip Argo of 44 guns, and conducted to
St. Lucia, the other by a private ship of war belong
ing to Barbadoes, and carried into that island; they
were deeply laden with ammunition, and military
(lores of every denomination, with near 300 troops on
board : and had, by force means or other, been sepa
rated from fix oth< r veffcls with similar cargoes, which,
with a few merchantmen, were bound to Martinique
from Old France, escorted by two Blips of the line and
three frigates. —The troops they had on board, about
1200, were merely intended to reinforce the garrisons
of Martinique and St. Christopher.
The following intelligence, refpeftiog the slate of the
French naval force at Martinique, &c. brought by
tue Jamaica, we were favoured with just as this paper
was going to press, viz.
Ships, Proteaeur, Alcide, Jason and Zele, of 74
guns each; Solitaire and Triton, of 64: the latter
convoyed the regiment d'Auvergne from France; Am
phion, Nympheand Experiment, of 50; the laflmen
tioned much out of order. Frigates, Concorde of 42,
a very fwift sailor, which arrived with the marquis de
Bouille : Fee and Amphitrite of 36 : Fripponne, Fortu
nee and Junon, of 32; Barbuda of 24, and Stormont
sloop; with the so lowing, the names of which are un
known, viz. two of 40 guns, two of 36, two of 32,
two ihips armed en flute, carrying 3,2 guns each ; and
federal smaller vessels under twnty guns.
A number of (hips with flor s got into Martinique
during toe hurricane months, and a fleet with reinforce
mems is daily expelled from Toulon.
We have rifo been favoured with an account of part
of rhe cargo of the French prize carried into St. Lu
cia ; tie articles of which are, 11,352 common and
double-headed (hot, chiefly 36, 24, 18 and 12 pound
ers ; 3000 bars of iron ; 24 ground mails, 21 of which
are for 74'gun ships, 150 logs of timber for the navy ;
12 pieces of cannon, 36 pounders; gooolb of cordage;
with a quantity of hoops, canvas, linen, &c. The re
maining part of the cargo was estimated at full one
third more-
I have th- honour to be,
SIR,
Your most obedient,
and very humble servant.
JAS. KEMPTHORNE.
Joshua Rowley, Esq;
Rear Admiral of the Red, &c.
All the flops of war at Port-Royal, are moored a
cross the channel.
Le Scipion which engaged the London, was left
bx the Torbay, in Samana bay, with her bows
hove in.
There is certain information received of 15,000
troops beine en; amped^t the Mole.
TO BE SOL D,
That excellent HORSE
p OTOWMAC K.
^ Full blooded STATION, a bright bay with a
4 1 while face, 16 hanos li.h and 8 year# old; got
0 toe ccl'orat+d 'mpo teJ English h< re Wil 'air, be-
I m^mg to colon . I S m s, of H^nov^r county, Virginia,
who gavA 2000 gbiue g for Wild air.—Also, A fine
Bixek MART. ab # ut <5 han't high and nine years
°'.'° f""h M r particulars enquire cf Mr. JACOB
IIIIL I ZHEIMER, who w;|i rarkekhown the terms-
MONTEGO.BA Y, Nov. 23.
1 he following authentic intelligence has been re
ceived : that 0;: the 9th instant, a general embargo
took pla<e throughout the island cf St. Domingo,
and orders were issued for all French and neutral
v'ffels, that were loade I or in port, to be cleared and
unloaded, supposed for tie purpose of transports.
The Torbay fell in with the Fox frigate, the day
before (he flood for Jamaica, and sent her to look into
the Cape. The Fox went as far as five fathom water,
and saw a large fleet of merchantmen, and two or
thre- frigates laying a tim Cape. The Torbay took
her prize off the Mole, in fight of a Spanish 84, in the
harbour.
Inclosed I fend you a lift of the killed and wound
ed.