The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1781-12-08 00:00:00, page 3

Philadelphia, Dec. 8.
An ORDI NANCE ascertaining what
captures on water shall be lawful-
In pursuance of the powers delegated by the confede
ration in cases of capture on water:
BE it ordained by the united Rates in congress assem
bled, that from and after the firft day of February
next, all resolutions and ordinances of congress re
lating to captures or recaptures on water, and com
ing within the purview of this ordinance, except as
is herein after excepted, thall be null and void: But
queflions of this nature arising before, or which shall
be undetermined at that day fhal be determined at any
time during the war with Great-Britain according to
them, in the fame manner, as if this ordinance had ne
ver been made.
It shall be lawful to capture and to obtain condemna
tion of the property herein after enumerated, if found
below high water mark ; that is to fay,
All ships and other vessels of whatsoever size or de
nomination belonging to an enemy of the united fiates,
with their rigging, tackle, apparel and furniture.
All goods, wares, and merchandizes belonging to
an tnemy, and found on hoard of a ship or other vessel
of such enemy.
All contraband goods, wares and merchandizes to
whatever nation belonging, although found in a neutral
bottom, if deflined for the use of an enemy: but the
good,, wares and merchandizes belonging to an ene
my^contraband goods, and goods defined to a block
aded, invested or besieged port, being always excepted,
found in a vessel belonging to a foreign nation, other
than an enemy, shall in no case be fubjed to condemna
tion.
Provided neverthekfs that from and after the firfl day
of March, in the year one thousand (even hundred and
eighty two, all goods, wares and merchandizes of the
growth, produce "r manufacture of Great-Britain, or
of any territory depending thereon, if found within
three leagues of ■ he coasts and defined to any port er
place of the united Rates, in any ship or vessel belong
ing to the citizens of the said Rates, cr the fubj^s of
any neutral power, shall be liable to capture and con
demnation, unless the fame shall have been previously
captured rom the enemy and condemned, or in cenfe
quence of capture, may be proceeding to some port or
place not in the power of the said enemy, for trial and
condemnation.
All ships or other vessels, goods, wares and merchan
dizes belonging to any power, or the fubjeßs of any
power against which letters of marque or reprisal shall
have iff ed.
Al ships or other vessels, with their rigging, tackle
apparel and furniture, and with their cargoes, to what
soever nation belonging, destined to any port or place
invested, besieged or blockaded, by a fufficient force be
longing to, in the service of, or co operating with the
united slates, so effectually as that one cannot attempt
to enter into such port or place without evident dan
,ger.
All ships or other vessels, with their rigging, tackle,
apparel and furniture, and with their cargoes, found
in the possession of pirates.
The goods, wares and merchandizes to be adjudged
contraband, are the following, that is to fay,
Cannon, mortars, fire-arms, pistols, bombs, grana
does, bullets, balls, fufes, flints, matches, powder, salt
pctre, fulphur, carcases, pikes, (words, belts, pouches,
cartouch boxes, saddles and bridles, in any quantity
beyond what may be necessary for the fliips provision,
and may properly appertain to, and be adjuged neces
sary for every man of the ships crew or for each pas
senger.
If it shall manifeftly appear, that of any entire thing
of which division cannot be made without injury to its
value, a fubjeft of the enemy, and a citizen or a fubjeft
of a foreign power, not being an enemy, are joint-hold
ers, the whole shall be condemned and fold for gold or
River, the proper proportion of the net proceeds of
- which shall be deposited in the trea fury of the Rate in
which the sale shall be, to be paid to the order of such
citizen, or the fubjed of such foreign power.
If such division can be accomplished, but neither the
citizen, nor the fubiea of a foreign power, nor his
agent, shall require fpecific restitution of his property,
there shall be a sale in the fame manner, as if the pro
perty were in^ivifiblf. But if in such case a requisition
be made to this effed, the due proportion shall be fpe
cifically reflored.
Where prope ty shall have been originally captured
on land from a Rate, or a citizen of the united Rates,
and shall be recaptured belew high water mark by ano
ther citizen thereof, restitution shall be made to the for
mer owner upon the payment of a reasonable falvagfy
not exceeding one fourth part of the value, no regard
being had to the time of possession by the enemy.
In all cases of recapture by an armed vessel, fitted
out at the expence of the united Rates, of a vessel or
other effefla belonging to a citizen, the court shall ad
judge the proportion which would be due to the united
hates, to be remitted to such citizen, no regard being
had to the time of possession by the enemy.
On the recapture by a citizen of any Negro, Mulatto,
Indian or other person, from whom labour or service is
lawfully claimed by a Rate or a citizen of a Rate, fpecffic
restitution shall be adjudged to the claimant, whether the
original capture shall have been made on land or water,
and without regard to the time of possession by the ene
my,a reasonable salvage being paid by the claimant to the
recaptor, not exceeding one fourth of the value of such
labour or service, to be eßimated according to the laws
of the Rate under which the claim shall be made.
But if the service of such Negro, Mulatto, Indian or
other person captured below high water mark, shall
not be legally claimed withina year and a day from the
sentence of the court, he shall beset at liberty.
In all other cases of recapture, restitution shall be
made to the owner upon payment of one third part of
the true value for Ravage, if the property shall have
been retaken in I 1 - : # '^vt- : t.
capture. But if ''
'he expiration
restitution so
Befidesf..
tures by .' . ,
of an \n<
T " ''""'^§, luck cernmiflion,
f3fr<,\:,; ,<o ^ .uced that they were made
puruyig; • rr voyage, and repelling a
previous n?ac< frm an enemy.
\^ body or detachment of regular soldiers.
3d i : inhabitants of the country, if made within
<inon shot of the shore.
4th. By an armed vessel failing under a commission
of his most chriflian majesty.
sth. By the crews of British vessels, while captures
of this fort are licensed by the British.
Recaptures shall be made by noother persons than
those authorised to make captures, except the crews of
vessels retaken.
The deftrudion of papers, or the possession of dou
ble papers by any captured vessel, shall be considered
as evidence for condemnation, unless good cause be
shewn to the contrary.
From and after the firft day of February, which shall
be in the year of our lord one thousand (even hundred
and eighty two, any letters of passport or fafe conduct,
granted before the 27th of March last, under the au
thority of congress, to any person whatsoever, for re
movalef property from a place beyond fea,within the do
minions or possessions of the British king, shall be void.
Upon the captureofa vessel commissioned as a man of
war or privateer, by any of the vessels of war of the
united Rates of America, the whole of the property
condemned shall be adjudged to the captors, to be di
vided in the following manner (saving to all ^perfons
who fltali lose a limb in any engagement or shall be
otherwise disabled in the service of the united Rates,
every benefit accruing to them under the resolutions of
congress of the 28th day of November, one thousand
seven hundred and feventy-five) that is to fay,
To the commander in chief of the navy of the uni
ted Rates, shall be allotted one twentieth part of all
prizes taken by an armed vessel or vessels under his or
ders and command'; when there shall be no such com
mander in chief, the one twentieth part allotted to him
shall be paid into the treasury of the united Rates.
To the captain of any single armed vessel two twen
tieth parts, but if more ships or vessels be in company
when a prize is taken, then the two twentieth parts
shall be divided equally among all the captains.
To the captains of marines, lieutenants and maflers,
three twentieth parts of all prizes taken when they are
in company to be divided equally among .them.
To the lieutenants of marines, surgeons, chaplains,
pursers, boatswains, gunners, carpenters, maflers
mates and the secretary of the fleet, two twentieth
parts, and one half of one twentieth part, to be divid
ed equally amonz them.
To the following petty warrant officers, viz. m'd
fhipmen, (allowing for each ship fix, for each brig four,
and for each fidop two) captains clerks, surgeons mates,
Rewards, fail makers, coopers, armorers, (allowing
for each vessel one of each only) boatswains mates,
gunners mates, carpenters mates (allowing for each
vessel two of each) cooks, cockfwains (allowing for
each vessel one of each) ferjeants of marines (allowing
two for each ship and one for each brig and sloop) three
twentieth parts to be divided equally among tnem; and
when a prize is taken by any vessel, on board or in com
pany of which the commander in chief is, then the
commander in chief's cook or cockfwain shall be added
to the said petty warrant officers, and share equally
with them..
The remaining eight twentieth parts, and half of the
one twentieth part shall be divided among the rest of
the vessels company or companies as it may happen,
share and share alike.
No officer nor man shall have any share, but such
as are actually on board their several vessels when any
prize or prizes shall be tiken, excepting only such as
may have been ordered on board any other prizes, be
fore taken, or (ent away by his or their commanding
officers.
Upon the capture of any other vessel, if made by a
vessel of war, belonging ,to the united flares, one half
of the property condemned shall be decreed to the
united Rates, and the oher half to the captors, to be
divided as aforefaid : i' by a private vessel not hating
a commission, the whole fha'l be decreed to the captors :
if by any body or detachment of regular or other
troops in the service of the united Rates, the whoe
shall be adjudged to the captors, to be divided in pro
portion to the pay in the line of the army : if by inha
bitants of the country, being in arms, the whole thall
be adjudged to the captors, to be divided equally a
mono them ; provided, that if any such inhabitant
shall be wounded in making the capture, he shall be
entitled to two (hares, and if killed, his legal reprefen
tative shall be entitled to four shares. If by the crews
of British vessels, the whole shall be adjudged to the
captors, to be divided at the diferetion of the court.
On recapture by an armed vessel belonging to the
united Rates, of a vessel under the protection of a ves
sel belonging to the enemy, commifficned as a man of
war or privateer, or where the vessel retaken is equip
ped in a warlike manner, the proportion to be with
drawn from the original owner, shall be divided as in
the case of a capture of an enemy's vessel commissioned
as a man of war or privateer.
On recapture by an armed vessel belonging to the
united Rates, of a vessel under the protection of an
hofble vessel not commissioned as a man of war or pri
vateer • ,and where the vessel retaken is not equipped
in a warlike manner, the proportion to be withdrawn
from the original owner fhal 1 be divided, as in the case
of an hostile vessel not commissioned, as a man of war
or privateer.
of decked A in the several courts ffihlf be,
- zed ordinances of the united Rates i&
Ambled, public treaties, when declared ta
^ oy ~n aft of Congress, and the law of nations, ac
\ocdmg to the general usages of Europe. Public trea
ties Ehl; have the pre-eminence in all trials.
This Ordinance shall commence in force on the firft
day of February, which will be in the year of ouc
Lord one thousand seven hundred and eighty two.
Done by the United States in Congress affemblM,
the fourth day of December, in the year of one
Lord one thousand seven hundred and eight,
one, and in the sixth year of our independence^
JOHN HANSON, President.
Attest. Chaeles Thomson, Secretary.
The ACT referred to in the foregoing Ordinance if
, as follows.
IN case the commander, for the time being, lose *
limb in an engagement, or be otherwise disabled, so
as to be rendered incapable afterwards of getting *
livelihood to subsist upon, he shall receive out of the
neat profits of such prize or prizes, or prize goods (as
are, taken during the cruize) if so much arise, before
dividend or difiribution be declared, the sum of four
hundred dollars; or if he lose his life, his widow or
children (if any) shall receive the said bounty of four
hundred dollars, together with all prize money to hirn
belonging at the time of his decease. And if the cap
tain of the marines, or any other commission and war
rant officer lose a limb, or be otherwise disabled, so a#
to be rendered incapable afterwards of getting a fub
fiflen^, he or they so disabled shall receive a bounty
of three hundred dollars, if so much arise from the net
profits as aforefaid ; and in case of death, the widow
or children (if any) is, dre and shall be entitled to tha
fame, together with their share of prize money due at
the time of their decease. And if an inferior officer,
seaman or marine lose a limb, or bq otherwise disabled
so as to be rendered incapable afterwards of getting a
fubfiftance, he er they shall receive a bounty of two
hundred dollars, to be deducted as aforefaid: and in
case of death, his widow or children (if any) is, are,
and shall be intitled to the fame, together with his
share of prize money due at the time of his decease.
4*4 -The sale of the Public Lots of this City, advar
tifed to be held on Thursday the 13th inflant, is poft=
poned till Monday the 17th December, instant.
(W&W^w^^^WGA^>93
Poi t of Philadelphia, Pennsylvania, ff.
To ALL whom it may concern.
NOTICE is hereby given, That a Court of Admiral,
" will be he'd, before the honourable Francis Hi pkin
fop, esquire, judge of the said court, fcr this R?te,
at his Chambers in the city of Philadelphia, on Fri
day the fourteenth of December, instant, at nine o'clock
in the Forenoon, for the Trial of theNegrcea l ZES ^R,
SAMSON and BOSTON, taken out of the brigantine
Lord NORTH at sea, and brought into tl is porr ad
libelled ?gat# as prize, by PACT I allemai t, (qrit<m,
&c.) Tethe end that all perfoot concerned may appear
and fhe^ cause, if zcy there be, wherefore a Decree
fhculd not pass, pur (want to the prayer of the Lihe, &c.
By ord^r of the Judge,
JAMES READ, R^i^r.
Thirty five H E AD of
Fine Store Gattle,
To be SOLD, on WEDN^SD^Y rhe r-th io4i,
a th- continents; la,d, n<ar Mr Hi tzheimv L.
Th^ Sa e niil begin at 10 o'cho in'thl frr^no >n. The
Cash to be ptid befcre th, Cattle are taken away.
npHE Subferibers to the City Affably
I will p'erf, to nke NOTICE, That nex 1 hurf
day, he,eg Thanksgiving Day. the ASSEMBLY will
b? on FRIDAY Ev^ni^, hs 14 b ir&m. The
Room£ will ?e open, at 6 o'clock ; no Tickets will b^ de
li rred. ttc r,wm% lu to officer# 0: tbe Allied Ar
m es; .1! S^xresm^ p ly to cn< of the M nage a.
Bird y re 8 h Dci&mbtr 1783.
L me. Makefida, Bu krC^nn, s h of the 12th month
1781
To be Sold by Public Vendue,
On the „,, 0 this instant, at 2 o'clock in the afternoon,
on th e premifea,
6 '""''"' PLANT AT ON, situate in Lower M:L<.
fitid a'ortukid, late h. p-opertv of Jofrph White
deceofeu, containing 136 acr % about ino cleared
cr ix 0! which are m-adow, the reli wood !-~d and
nearly the whole in < 0 cd with .tolerable good fence
Tieri is on said pr mi s a goad stone dwelling h^rfv
two stories high, t^o ?ocms on the lcw?r ft or, with 4
fire place in each, and three on the second floor, and r, -,
fire place ; a good ether and garret; aho a ffore kit R
an adjoining the home, a well of good water near the
door and stone milk hul a good f ame Barn wi s h a
leinto on one fide. Three o' 'he fidd, are furpiyed
wi h conftaat water. There * iiKew?e,on the prenffeg
a tolerable good orch: d, in ft', grafted fruit, cent in
ing up vaids of one hundred t ees, likewise ? .number
of pea r h, plumb and c^ y tr^s. The ccn icions of
sale will be made k 0 n it the time and place of ( 4
by HANNAH ' WHITE, Executrix. ''
BARNARD FAYLOR,\,
and TIMOTHY TAYL^K,) Executors.
The highest Price is given for
Clean Linen and Cotton Rags,
By the Ponur of t^b Pfr,