The Federal mirror — Concord, N.H., 1795-12-25 00:00:00, page 2

On the 2 th Ma '1 °o
«^ogteh rbfolvqd. That all matter!
^fp^lng fopeas in cartel of capture,
now peoding before Congress, or the
coWiffioncrrof appeal#, copfifting
of member: of Congreh, be referred
to the newly ereded court of appeals,
to be there adjudged and determined
according to law.
w That in the month of September,
1783, the court of appeal#, before
whom appeared the pirtie# by their
advocate#, did, after a full hearing
and solemn argument, finally adjudge
and decree, thit the fentence# or de
crees palled by the inferior and supe
rior court# of judicature of Newhamp
fhire, so far fl the lame receded E
litha Doane, Isaiah Doane, and Jame#
Shepherd, should be revoked, revers
ed, and annulled, and that the prop
erty fortified in their claimi, should
be restored, and that the parties each
pay their own cofti on the. laid ap
peal.
Here the cause rested till the adop
tion of the existing constitution of the
United State# , except an ineffe&ual
struggle before Congress, on the part
Os Newhampfhire, and an unavailing
experiment, at common law, to obtain
redress on the part of the appellants.a
After the organization of the judicia
ry, under the present government, the
representatives of Elitha Doane, who
was one of the appellants, exhibited a
libel in the diftrid court of Newhamp
fhire, which was legally transferred to
the circuit court, against John Pen
hallow, Joshua Wentworth, Am@
R. Cutter, Nathaniel Folfom,£rmuei
Sherburne, Thomas M%Tm Moses
Woodward, Ntel^C George
Turner, Rich^ Champney, Robert
Furcefe, anq George Wentworths
This &| af ter feuiog forth the
proceedings in the different courts,
that the brigantine Lufanna,
,with her tackle, furniture, apparel and
cargo, and also the monies arifiog
from the files thereof, came, after the
capture, to the hands and possession
of Joshua Wentworth, and George
Wentworth, whereby they became
liable for the fame, together with the
captor# and owners. That, after the
death of Elisha Doane, letter# of ad
ministration of the personal estate of
the said Elilha were granted to Anna
Doane, his widow, and Isaiah Doane,
and that the widow afterwards inter
married with David Stoddard Gree
nough, The libellants pray process
against the refpondenti to shew cause,
why the decree of the court of appeal#
should not be carried into execution,
and they also pray, that right and jus
tice may be done in the premises, and
that they may recover such damage#
Qu they have sustained by reafoo of the
taking of the Lufanna, Bcc.
The respondents, prutefting, that
they never were owners of the M'Cla
„, and that they have none of the
effects of the Lufanna, nor her cargo
in their possession, fa, that the Lu
fanna was in the custody of the mar
shal, and, upon the final decree of the
Superior court of Newhamplhire, fold
for the benefit of the owners and mar
iners of the M'Cfary, and distributed
among them according to law § that
the decision of the laid court was fi
nal ; that no other court ever had, or
hath, or ever can have power to re
^ voke, reverie and anhul the said de-
Cree, and,in a subsequent part of the
pleading#;^ that the diftri&tourt of/
/ Newhamplhire hath no authority to
carry the decree of the court of ap.
peals into execution, or to give damri
To ttiil fort of plea and
$ fltithet and yetfeth, fcjibellskrf
«, that the fleets contained in their]
4 iuft true, and that they
1 are ready to verify and prove the
fame ; that the matters and things
alledged by the refpondenti are hlfe
and untrue ; that the court of com
missioners, and court of appeals wete
,duly conflicted, and had juritdi^ion
of the/übjea-matter ; that no other
court hath or can have authority to
draw into queflion the legality of their
decifiong and that the diftrift court
of NeWhampfhire hath jurifdiaion.
I have extracted and consolidated
the material parts of the libel, plea,
answer, replication, rejoinder, fur-re
joinder, &c, if they may be so term
ed, without detailing the allegations
of the parties as they arise in the course
of procedure.
Upon these pleadings, the parties
went to a hearing before the circuit
court of Newhampfhire, which after
full consideration, decreed, that the
respondents should pay to the libel
lants their damages and costs, occa-1
fioned by their not complying with|
the decree of the court of appeals;|
the quantum of which to be afeertain
ed by cummiffioners. This interlocu
tory feotence was pronounced the
24th Out 1793/
, The commissioners reported, that
, the Lufanna, her cargo, &c. were, on
the 2d ba. 1778, being the assumed
time of sale, worth £5,896 14 10.
That they calculated thereon 16
years interest, viz. from the 2d O&.
,778, so the 2d Oft. 1794, amount
ing t° 5, 6 59 r 7 4
1
,£^1,555 12 2
On this report being affi med, the
circuit court pronounced their defini
tive sentence on the 24th Oft. 1794, I
that the libellants recover against thel
respondents the fumrof 38,518 dol-I
lars and 69 cents, damages, and 154
dollars, and 30 cents, costs. The re-|
fpondenti, conceiving themfelve# ^ I
grieved, have removed the caufel
fore this court for revision,
I have been particular in stating thel
case, and giving an hiftorieal narrative |
of the tranfadion, in order that the
grounds of decision may be fully un-I
derftood. The pleadings conlift of a|
heap of materials, thrown together in
an irregular manner, and if examined I
by the Arid: rules of common law,l
cannot stand the test of legal criti-|
cifm. We are, however, to view the I
proceedings as before a court of ad-I
miralty, which is not governed by thel
rigid principles of common late, Or-I
der and systematic arrangements arel
no small beauties in juridical proceed-I
ings ; and, whatever may be said to |
the contrary, it will, on fair inveftiga-|
tion, appear, that good pleading is
founded on found logic, and good
sense.
In the difeuffion of the cause, feve°|
ral questions have been agitated ;I
some of which, involving conftitu-|
tional points, are of great importance. I
The jurifdiaion of the cbmmiffion-|
era of appeals has been questioned. |
The jurifdiaion of the (ourt of ap-I
peals has been queflioned.|
These jurifdiaions turning on thel
competency of Congefs,n has been|
queftiooed, whether that body hadl
authority to inftitutefuch tribunali.
And Ilftly, the jirifaiaion of thel
diftria court of Newhampfhire has]
been queflioned. 5 In every step we I
take, the point of jurifdiaion meets |
I. The queftiod fitft in order, is,l
whether the com^iffibners of appeals I
had jurifdiaion, or, so other words,l
whether Congress, before the ratifies-I
tion of the article# d confederation, I
had authoritory toimitute such a tri-|
bunal with appellaF jurifdiaion io|
cases of prize?
aMimM^] I
ICONGRESS.1 CONGRESS.
I Ata'ftrfrem a Member oft Cttgrtfi, „th Edit
ors of the Mirror, fo&Pbilad. Dec. 8.
[ " I take the earlitf opportunity to tncloje jeu a
tcopy of/the Preftant's Addreji to botb Hoafa of
I 'Congrefo, delivered this day in Reprefentativu
I chamber, tfyaing ,oa wll publish it in your
I *jefut paper, in order that citizen, of Nrabamp
- IJbire may have, vohat I conceive, the best infer-
I mation refpeaing the present fate of the Union.
I I am, &c.'
PHILADELPHIA, DEC. 8, 179§.
This day, preeijel, at 12 o'clock, the PR£SI-
I DENT of the United Stated met both House; of
I Congrefc in the ball of 'be Referefentatives, and
I addreffid them in the following
SPEECH.
I Fellow Citizen/ of tbe Senate, and
House of Rtprejentativu,
I[TRUST I do not deceive nhyfelf,
I while I indulge the persuasion, that
I have never met you at any period,
I when, more than at the present, the
I fituation of our public affair# has as-
Iforded just cause for mutual congratu
ilation, and fofiinviting you to join
with me in profound gratitude to the
Author of all Good; for the numerous
land extraordinary bluffing# we enjoy.
I The termination of the long,expen-
Ifive and distressing war, in which we
I have been engaged with certain Indi-
I ans north-weft of the Ohio, is placed
I in the option of the United States, by
I a treaty, which the commander of our
larmy has concluded provisionally,
I with the hostile tribe# in that region.
I In the a^juftment of the terms' the
Ifatisfaaion1 fatisfaaion of the Indians was deemed
I an object worthy no less of the policy,
I than of the liberality, of the United
1 States, as the neceffiry befit of dura
ble tranquility.—This objed, it is be-
Ilieved, has been fully attained. The
I articles agreed upon, will immediately
I be laid before the Senate for their
Iconfideratioo.
The Creek and Cherokee Indians,
I who alone of the Southern Tribes had
I annoyed our frontiers, have lately coo-
I firmed their pre-exifting treaties with
us ; and were giving evidence of a
sincere disposition to carry them into
effeft, by the surrender of the prison
ers and property they had taken :—
But we have to lament, that the fair
profpeft in this quarter has been once
more clouded by wanton murders,
which some citizens of Georgia are
represented to have recently perpe
trated on hunting parties of the Creeks
—which have again fubje&ed that
frontier to disquietude and danger ;
which will be productive of further
expense, and may occasion more effu
(ion of blood. Measures are pursuing
to prevent or mitigate the usual con
sequences of such outrages ; and with
I the hope of their succeeding—at least
to avert general hostility,
A letter from the Emperor of Mo
-Irocco, announces to me bis recogni-
Ition of our Treaty, made with his fa
ther, the late Emperor ; and confe
I queotly, the continuation of peace
I with that power.
With peculiar fatisfa&ion I add,
ithat information has been received
1 from an agent deputed on our part to
lAlgiers, importing that the terms of
Ithe treaty with the Dey and Regency
of that country, had been adjusted in
such a manner, as to authorize the
lexpedationlexpedation of a speedy peace, and
Ithe restoration of our unfortunate fel
low citizens from a grievous captivi-
The latest ad vices from oar Envoy
at the court of Madrid, give, moreo
ver, the plesfing information, that he
had received affutancei of a speedy
and fatisfaaory conclusion of bis ne
gotiation. While the event, depend
ing upon unadjusted particulars, can
not be regarded as ifeertained, it is ~
I greeable to cherish the expectation of
lan issue which, securing amicably very
leffendal intereft# of the United States,
wilt at rhe fame rime, lay the feuo- :
dacron of lifting harmony with a pow
er, whose friendfliip we have uniform
ly and ficcerely dtfired to cultivate,
Though not before officially dis
clofcd to the Houle of Represents. ,
tives, you, gentlemen, are all appriz
ed, that a Treaty of Amity, Com
merce and Navigation, has been nego
tiated with Greatbritain ; and that the
Senate have advised and consented to
its ratification, upon a condition which
except# part of one article. Agreea
bly thereto, and to the best judgment
I was able to form of the public in
terest, after full and mature delibera
tion, I have added my fanaio^ The
result on the part of hi# Britannic Maj
esty, is unknown : When received,
the fobjed will, without delay be pla
ced before Coogrefs.
This interesting summary of our
affairs, with regard to the foreign pow
ers, between whom and the United
Stales Coptroverfies have subsisted;
and with regard also to thole of our •
Indian neighbors with whom we have
been in a ftaie of enmity or miiun
derftaoding—opens a wide field for
consoling and gratifying re flections.—
If by prudence and moderation on ev
er, fide, the extinguishment of all the ।
Causes of external difeord, which have
heretofore menaced our tranquility,
on terms compatible with our nation
al rights and honor,' shall be the hap
py result—how firm and how pre
cious a foundation will have been laid
for accelerating, maturing and eflab
lifting the prosperity of our country !
Contemplating the internal situation. as
well as the external relations, of the United
States, we difeover equal cause for content-4
ment and fatisfadion While many of the
nations of Europe, with their American de-)
pendencies, have been involved in a conteff
unusually bloody, exhausting, and calami
tous ; in which the evils of foreign war have
been aggravated by domestic convulsion and )
infurreaton;.in which many of the arts mpft &
uferal to society have been expo fed to difeou
ragement and decay ; in which Scarcity of
subsistence has embittered other bufferings: & 1
While even the anticipations of a return of 'J
the blessings of peace and repefe, are alloyed
by the sense of heavy and accumulating bur
thens, which press upon all the departments
of industry, and threaten to clog the future
Springs of government : Our favored coun- 1
try, happy in a striking contrast, has enjoyed ,
general tranquility—a tranquility the more' 1
fatisfadory, because maintained at the ex-'
penfe of no duty.—Faithful to ourselves, we
have violated no obligation 10 others. Our
agriculture, commerce and manufactures
prosper beyond former example ; the moles
tations of our trade (to prevent a continu
ance of which, however, very pointed remon
strances have been made) being overbalanc
ed by the aggregate benefits which it derives
from a neutral position. Our population
advances with a celerity which, exceeding
the most sanguine calculations, proportional
ly augments our strength and resources, and
guarantees our future Security. Every part
of the Union displays, indications of rapid
and various improvement, and with burthens/
so light as fearedy to be perceived ; with re
sources fully adequate to our present exigen
cies ; with governments founded on the gen
uine principles of rational liberty, and with
mild and wholesome laws ; is it too much to
fay, that oar country exhibits a fpedacle
of national happiness never surpassed, if ever
before equalled ?'
Placed in a situation every way so auspi
cious, Motives of commanding force impel
os, with sincere acknowledgement to heaven,
and pure love to our country; to unite our
efforts to pfeferve, prolong and improve, our \
immense advantages. To co-operate with
youin this detirable work, is a fervent and
favorite with of my heart,
It is a valuable ingredient, in the general
estimate of bur welfare, that the part of our
country, which was lately the feene of disor
der and infurreftion, how enjoy the blessings
of quiet and order. The milled haveabau
doped their errors, and pay the refpe& to our
conftitu ion and laws which is due from good
citizens to the public authorities of the soci
ety. These circumstances have induced me
to pardon, generally, the offenders here re
ferred to ; and to extend forgiveness to those
who had ten adjudged to capital punish
ment.—For though 1 shall always thirik it a
sacred duty, to exercise with firmnefs and /
energy the conftitutianal powers witE^mfc?, ^
I am rested ; yet it appears to me no left ;
confident with the public good, than it istl
with my personal feelings, to minglein thel
operations of government every degrees riA
1