The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-04-22 00:00:00, page 3

PHILADELPHIA, April 22.
Extras of,a letter from Virginia, April loth, 1779.,
" Indian-Coria has fallen more than one half. Tn Fe
bruary it was fold for twenty-five pounds per barrel, and
lately it fold at vendue at ten pounds.—My correspondent
at Mancheßer .writes me on the nd of'March, that flour
will be cheaper, and that corn w 3 falling very faft : And
my friend at Peferfburgh informs me that it may be had
there at ten pounds. "-
The public may be assured that the above extras of a
letter is written by a gentleman of cenfiderable property,
and knowledge is Virginia, his intelligence may be de
pended on, and we,hope soon to fee it operate here to the
injury of tbofe unfeeling fpe ulators, who, for the fake of
gain, would fee their neighbours perith and their Rate
ruined,
Yefthrday Cornelius Sweyres, Esq ; Deputy Commissary
es Military stores, to the forces of the United States, hav
ing been laR week convicted of fraud and forgery, on three
iadißments in the Supreme Court, flood in the pillory in
this city, according to his Lntence. He is also adjudged
to imprisonment till the next general election, and a large
fine. >
The execution of George Hardy, convinc'd of treafoo,
is fixed for Saturday, the firft of May next,
At a Court of Oyer and Terminer, and General Goal
Delivery, held at New-Castle on the 10th instant, before
the Hon. William Killen, David Finney and John Jones,
Esquires, Justices of the Delaware State, Frederick Vert
was indjded for high treason, and acquitted ; Jacob Stroud
was indicted for passing counterfeit Forty Dollar Bills, of
the emission of April 11, 1778, knowing them to be such,
and acquitted ; anti Joseph Judson wisindicted and found
guilty of high tre don, and sentenced agreeable to the Laws
•f England in caps of high treason.
Saturday last arrived here, a flag of truce from Bermu-
O with four Captains who had bem taken by the Engl sh
2t sea, viz. Captain M'llnce, of the brig Chance, from
St. Eufhtia for this port; Captain. Ebenezer Baker, of
brig Frisndihip, from St. Croix for Connecticut ; Capt.
Sanford Munro, of the sloop Molly, from Maffachuf tts
Co St, Croix; and Capt. Baker of the sloop , from
St. Euftatia to Baltimore: Also five sailors, late taken in
the fed owing vessels viz. schooner Good Intent; from
Providence to Charleftown ; schooner Steady Friends,
Capt. Cooper, from Virginia to Cape Francois.; schooner
Kitty Tayler, Capt. Turner, from St. Eußatia to Virgi
nia ; and schooner Congrefs,Capt. Bartlet, from Charlef
town to Bohen.
J F From a late London Paper.
May hot the promise of the prefect moment fanflify a
teenjefture, That in a few years the rising grandeur of A
merica) will invite every man from this country, who is
not attached to it by landed, or other similar cause. There
is a field opening there for every Ipecies of manufacture,
art and science, trade and commerce: Finely situated for
the encouragement and cultivation of business, every arti
ficer will fly to it, and transplant with him the art he pro
feffes. Secure from tyrannical burdens, he will apply him
felf assiduously in the prbf„ft of reaping what he saved,
and will assist in rearing this new republic, to a pitch bf
grandeur, superior perhaps to any Rate now existing.
In COUNCIL, Philadelphia, April 21st, 1779.
Whereas divers books belonging to the State Library
are miffing, and there is reafen to apprehend, that the
fame are in the hands of perlons who have had recourse to
the Did Library, and who have neglected to return them %
Therefore, Ordered, That public notice be given to all
persons having books belonging to the State, to return the
fame to the Secretary without detyr : othetwife the Coun
cil will be induced to think they are detained from impro
per motives, and to take further measures for the recovery
es them. Extract from the Minutes,
1 T. MATLACK, Secretary.
For the PENNSYLVANIA PACKET.
Mr DOnlap,
AS LOOP named the A3ioe, of which John Under
wood was the Master, bound for New York, with
a cygo of rum, &c. owned and laden in the Bland of Ja
maica, was in the month of last met, near the coast
of New-Jersey, by Captain Houston, in the brigantine
Convention, an armed veffelbelonging to the slate of Penn
fyivania Four cf her mariners, natives and inhabitants
es New-England, who had fallen into the enemy's power
in the Weft Indies, were tak A n, on board this vessel for
the purpose of navigating her to New-York, had risen
feme time before oh the Master, and shut him, bis mate
and passengers, faft in the cabbin, by heaping a cable and
other incumbrances over the stair-way between the deck
and the cabbin. This produced a controversy truly hos
tile, the prisoners below, who possessed the flock of vic
tuals, water and ammunition, firing pistols through such
openings as they were able; and the infur^ents upon deck,
directing two three pound cannon, for which they had a
few cartridges, towards the cabbin; but with little effect
©n either part. Mean while, Capt. Underwood, highly
incensed at their attempt to take his vessel from him, en
tertained the desperate idea of blowing up the quarter
deck with gunpowder, from which, by the prudence and
persuasions of his passengers, he was retrained, till a
propofol bf a less dangerous nature should be erfayed. This
was the wedging of the rudder. Under this embarraf
ment, the sloop was disabled, arid could not be fleered,
Whereupon, a truce took place between the contending
parties, and an agreement was made, that the rudder
should be loomed, till the men upon deck, who dreaded
firther imprisonment in New- York, might cohdhd th'e
vessel towards the land, and when near enough, go off in
the boat, leaving the rest of the people on board in poffef
ion of her. This accommodation being accordingly ad
justed, had been so far proceeded on, that the land being
near, Captain Underwood was expecting ^is enemy
on deck immediately to quit the vessel, when Captain
Mouflon approached, and put an end to the war on board,
by seizing the A&ive arid fending her for Philadelphia^
A libel was soon after exhibited in the Court of Admi
ralty by Capt. Houston, praying that the sloop and cargo
might be adjudged to him, his officers, feameri, and the
slate, as their lawful prize. Against this, Gideon Ump
fted and the three other insurgents, opposed their claim,
Suing for the prize, as having been subdued and overcome
by them. To determine the controversy, a struck jury,
•n the motion of the claimants, was directed, and the falls
Wied in the faireft manner ; the result of which was a ver
dia, by which three-quarters of the prize was given so
the Convention and the Gerard privateer, her contort, and
in fight at the time of seizure, and one-quarter to the
claimants; who, diffatisfied with the decree of the Judge,
in concurrence with the yerdid, appealed. The Com
mittee of Congress, who fit upon these appeals, on consi
dering the evidence and hearing the advocates of the par
ties, not only reversed the sentence of the Court below,
but made a new adjudication, awarding the whole to Gi
deon Umpfted, &c. the claimants, and directed the Judge
of Admiralty to order their decree to be executed. This
hedeclined to do, alledging that the aft of Assembly of
this slate, hinder which he proceeded, had forbid all re
examination or appeal from faffs found by a jury, and the
verdid, of course, Handing in full force, he could not
execute a judgment contradictory to it., I,a
To underhand this, it is proper to take notice, that on
the 25th of November, 1775, Congress recommended to
the several colonies in union, now Rates, to ered
courts for determining concerning captures at sea ; and for
this purpefe " to provide that ail trial in such cases be had
by a jury." Accordingly the Legißature of Pennfylvani*
adopted the mode of proceeding thus sketched out, so that
the facts, as at common law, should be heard and efta,
blifhed by a jury, bht allowed of am appeal on matter of
law; in perfect Coincidence with the nature of a jury tri,
al, and firidly agreeing with the resolve of Congress of
November, 1775, the only one, upon the fubjed, madii
by Congress. Now, if any legal controversy was ever
suitable for the difeuffion of twelve men, surely it was this
of the flopp ACtive ; a mere question of fad ; and the ver
did is accordingly eonfined so- faft RriCtly. If Judge
Blackflone's opinion is looked for, he, upon trial by jury;
fays, " that there is no method of reversing an error in the
d termination of fads, but by an attaint; or a new trial;
ts correct the miflakes of a former verdiß." 3d Vol. 406.
Vet, because the Court of Appeals, inattentive to our aft
of Assembly, the foie ground of their jurifdifbon, have
exceeded their proper limits, and judged in a matter which
lay not before them, Pennsylvania is urged as a transgres
sor, to open a way to the operation of this unauthorifed
decree, and at the fame time fatisfy the lawful demands of
the libellants. But the slate, being not in fault, can not;
confidently with just ice to herfelf, submit to this unfound
ed demand. Especially, whilst the states of Massachusetts
and New Hampshire, have laws for judging of maritime
captures in full force, which permit no^ppeal to Congress,
except for prizes taken by the fliips belonging to the Unit
ed States. These Rites have, in,this inftap.ee, considered
the resolve of Congress in it) true light, as advisory, and
done as they saw best.
But we are told, that it is proper that Congress should
have an appeal on those matters both in law and fad.
Perhaps it may be so. It is likely the civilized world
would be better fatisfied with such a course of proceeding ;
but then the trial of the original capture Riould be by wit
nesses and not by jury, which admits of the full appeal de
sired. Theclaims of our own people, however, for (hares'
or distribution, concern not foreigners, and may continue
a§ heretofore ; and such is the case of the sloop Aflive.
However, if any new regulations are needed, before the
Consideration ihall be enforced by the accession of the slate
of Maryland,.the only hesitating state in union, let them
be devised and recommenced to the several communities.
These cannot, in the nature of things, look backward, or
take in cases, for which thelaws in being have provided.
Again, it is alledged for this jurisdiction in Congress,
that perlons from different states may have controversies
upon these points, and that an impartial body, like Con
gress, will be necessary to decide between them. But this
would equally prove the necessity bfa Court of Appeals in
debt, real actions, and all other civil suits; hay, in crimi
nal too, to secure justice to the people of one state, who
may have debates about property, or may be charged
with offences in another ; an idea not entertained, as yet,
as I have heard,
Lastly, it is tuppofed, that this claim is supported by
the law of nations. Not to mention, that when the re
fob/eg of November, 1775, were made, no pretehfionsto
national character were yet set up;' it is observable, that
the band of national union, the Confederation, is not yet
agreed to by all, nor binding on any. Besides, a General
Court of Appeals in the hands of the Supreme Power of
the nation, is not, perhaps, a dictate of the Jaw of nations,
but rather the creature of treaties between the Maritime
Powers of Europe. At Jeaft Blackstone, and Lee in
his Treatise upon Captures, fay, that the Privy Council
in Britain decide ultimately in prize causes, in pursuance
of treaties.
After stating this controversy, I (hall add, that it is
now proposed, in order to support the honour of Congress
in this business, that the 'Preafurer of the United States be
authorized to pay the appealants a fam equal to the pro
duct of the sloop ABive and 1 her cargo, to be charged to
the Rate of Pennsylvania, unless cause be fliewn, &c.
Against this Pennsylvania will protest ; nor will the dif
ficulty end here. Should it be dpne, the like reimburse
ment will be due to Capt. Hu^h M'Culloch of this Rate,
late of this city, for k ship and cargo of sugar, condemned
at Boflon, the appeal to Congress, which he earnestly
fought here and in New-England, being denied him.;
Others too, in like cases, will ask like recompence; partis
cirivly, thole whole vessels may hereafter be brought into
Philadelphia under seizure, as the offenfive aft of Affeir
bly eoßtinues in force.
It may be asked, whether this extreme nicety of charac
ter is either proper or fafe, »hen assumed by Congress,
for the Body, but much more for a Committee. The se
veral Rates will doubtless have, from time to time, debates
with the General Council of the nation : Now, it will.be a
very dangerous idea, that , when Congress contend mistak
ingly tor any point,"that for the fake of the dignity of that
SupremeAffembly, the state affe&ed rtluft recede from her
right.l have hoped that these extravagant potions,which
suit admirably well with the superstitious and Rayifh rever
chce paid toPrinces, would be left with theEuropeans.l call
for no formal acknowledgments of error; but I fliould
think it no derogation from Congress to forbear proceed
ing in a wrong path, when convinced of mistake. In the
reign of George the First of England, an interested suitor
carried an appeal from Ireland to Weftmiqßer. The
British House of Lords catched at the opportunity of en
larging their authority, and voted that the decree of the
Irish Lords, in this safe, was void, as made without ju
rifdidioß. Suppose the Commons of Ireland, as they
ought, had impeached the Barehs of their Exchequer for
taking notice of and executing the judgment cf a foreign
jurifdiriion ; and that these Judges fixed in ,remunire,
,had been subdued, and the decree of the Irish Peers exe
cuted, what would have become of British dignity? This
ought to have been done. But the corrupt Commons of
Ireland were managed, and the national rights facrificed
to the ambition and character of the Nobles of Britain.
The Delegates of New-York must recollect the noble
Rand made by the Judges of the Supreme Court in the late
province, in thecafe of Forfey and 'Cuningham, when a
designing Governor, in a Court of Appeal, attempted to
examine the verdict of a jury ; a parallel case with the
present; and the event of it, to wit, that his raafters in
England, who doubtfefs wished that he might succeed,
Earned of the futile claim, ordered it to be dropped.
Douglas tells us, that after the King and .Council of Bri
tain, determined in Mr. Winthorp's, case, who appealed,
when no appeal lay, that the judgment from England,
declaring against the law of Connecticut for dividing in
heritances, was disregarded in America, and the appeal
to his Majeßy full denied., . t 0
: I (hall leave the fubjeft with mentioning the fatal con
sequence ,of the conduct of the Britilh Legislature, in de
claring, by aft,, their power over North-America in all
cases whatever;, consequently in, taxing, passed, to save
their honour, on repealing the Stamp-aft. What has be^
fomeof violated dignity in this case? The people abroad
fufyea, that all this ado is not, however,, made to repair
/the supposed contempt, nor,yet to do^jußjee to Gideon
Umpfted and his fellows, but for. t^e benefit- of the ma
nagers of the puppets. 1 It is thought too much for the
fame men to sustain the characters of Advocates, Judges,
and perhaps —in this business,
An AMERICAN,
^jb^^^^^d^^^^
To be 'SOLI) 'by .Public Vendue,
On Monday next, the 26th inftaht (April) at ten o'clock
.. . in ite forenoon,,
'J HE SLOOP LILLE Y, .burthen about thirty
tons, with all her rigging, furniture and apparel, if
not fold before by private sale. .For particulars enquire of
Thomas Bryan, Joiner, in Front- street, between Rac^
dad Vine-streets, on the Bank.
ONE HUNDRED POUNDS REWARD.
ABSCONDED from his bail, on Tuefd,v the
toih instant, (April) John Shelman, Afliftant
Commiffaty at Reading: He was ird&ed for forgery at
the Supreme Court held at Philadelphia April the 20th,
Said John Shelman is about nve feet seven or eight
inches high, thin long vifiged, fair complexion, dark
long hair tied behind, a remarkable long nefe, Render,
built, talks remarkably quick and fluent; he wore wheri
seen at Philadelphia, a fhott bearskin coatee, a hat cut
in the fafhion, and rode a grey horse, or mare, when
crossing the ferry into New-Jersey. Whoever appre
hends Did John Sheimun ond lodges him in any gaol on
the Continent, so that he he ?nd appear at Philadelphia
to traverse the aforefaid indi&ment atthe next Supreme
CoGrt held at Philadelphia aforefaid, shall be entitled to
the above reward and reasonable charges, paid by
JAMES FORREST.
TOBIAS RUDOLPH.
JOHN YOUN G, Junior,
At his Book-here adjoining Messrs. Hall and Sellers'^
Printing Office,
HA S just opened, in addition to his former collec
tion, several hundred volumes of new (ani(Lon
don edition) Modern, Military and French BOOKS,
and a choice colle&ion of MUSIC.
Catalogues to be ha^ gratis at said store.
A PHOTON and HARNESS com
'a.pleat, to be fold at Mr. Quarrier's, in Rourth^
Rreet, next to the Indian Queen.
To BE SOLD BY
JOHN SPARHA WK,
In Second-street, five doors below the Friends Meeting,
A PARCEL of dry goods, &c. confining of linens,
corderoy, calimahcoes, tatrimiee, calicoes; cam
bricks, German serge, silk and linen handkerchiefs, a
parcel of flockings fitting for soldiers, beaver gloves)win z
dow-glafs, 7by 9, sby 10, , by 11, race ginger, tan
ner's oil, cases of iweet-oil, copper scales and weights of
Various sizes,
Books, &c. timong which are force late magazines,
Boyer's French and English diHionary, Moore's practi
cal navigator, much approved, pocket bibles, large fa
mily bibles, royal do. for churches,-Lord Littleton's his
tory of England, in letters to his son, Hume's hiftnry of
England, Goldfmith' sdo. Entic's late war, Van Swie
ten's commentaries.
, A great variety of paper hangings, the belt large pa
pers, marbled do. blank books, parchment, Rates,
backgammon tables, surveying instruments, quadrants,
fpeaacles, the best lancets, ivory syringes, &c.
Drugs and Medicines, viz. opium, camphor, quick
silver, catomel, peruvian bark, fait petre, phials,— *
Keyfer's pills, Jesuits drops, Turlington's balsam, Har
lem oil, Daffy's elixir, S ots pills, Bateman's drops,
Hooper's female pills, &c. &c.
May be had at the fame place a handfeme iron fign\
post, and a quantity of beeswax.
. Fbi&efobic, April 21, 1779.
BY virtue of a writ of Venditioni Exponas,
*0 me ci e&ed; will be exposed to fdle by public
vendue, at the house of John Reading, the fig, of the
Blue Bell, the corner of Front and Almcnd # ftreets, in
Southwark, at fix o'clock jn the afrerroon, one moiety
or had part es sundry ground rents, amounting in the
v hole to the sum of Twenty-eight Founds and Sixteen
Shillings, chargeable and ifbiing out of fix several lots
of ground, lituate in the diftriftof Southwark aforesaid,
subject to the dower of the widew of Mr. John Riely,
the elder, deceased, Seized and taken in execution as
the estate of John Riely. pt the suit of Charles Meredith,
b y JAMES CLAYPOCtE, Sheriff.