The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1779-04-12 00:00:00, page 2

lljusz ofLoRDs, Monday, Dec. 2. , {
%rHE usual bufineL being over, and the
I order of the day being read, the House
refolded into a commute, for the purpefe of
examining the bill, entitled, an act for per
mitting the trial of the Hon. Admiral Keppel
to be held on shore.
The Lord Chancellor said, that he had a
very material objection to the preamble of the
a & In bills intended for general purposes,
the causes on which they are, founded, are
usually enumerated in the c@urfe of the aft.
To remove particular grievances, or to pro
duce such and such effi:ds, is the expressed
motive for such and inch Ratutes. In th.de,
therefore there was no necessity for a minute
and particular recital in the preamble, of
those causes which constituted their foundati
on ; but in particular bills, where particular
purposes are to be answered, it becomes abso
lutely necessary to'tell in she preamble, why
such -particular measures are taken; as -in
bills of this nature, their motives are not ,
necessarily included, in the body of the ad.
In the present inttance, it was averted in the
preamble, that the ill health of Admiral
Keppel Was the calife of his being permitted
to the particular j privilege allowed him,
This then was the very fadt on which the in
dulgence had been granted, and %et of the
exigence of this sass no testimony had been
adduced. He considered it was a thing una
voidably necessary, that proof Ihould be pro
duced towards this point, as it was neither
confident with the good ferife nor dignity of
the House, that they fliould rest their pro=
ceedings on fads, not firmly and properly
authenticated before them.
Lord Coventry said, he did not rife to in
timate any sentiments concerning the present
bill, but only to express his furprize at the
fifft Lord of the Admiralty. His Lordship
1 declared at the beginning of the session,
he wished for an enquiry; that when
h anenquiry Ihould take place, it would
be his heartiest desire that it might be general,
that it might extend to every one capitally
concerned in the management of naval mat
ters, arid to Himfelf among the rest. After
fich, a declaration, he was surprised to fee
tecta partial trial had been set on foot, and
th it the conduct of one person only seemed
in ended for investigation.,
LordtSand&ich said, he had made such a
remark on tne opening of the session, and he
adhered to it firmly at this moment ;
mere was no inconfidency in his conduit in
.j particular ;it was impoflible any invefti
• •:on ihould take place till a positive charge
• made; such a charge had been made,
r..- now the consequences would probably
cyrend to a general enquiry ; he hoped they
would, he was prepared for it, and Ihould
meet it with pleasure, He must acknowledge
e vas sorry that this investigation had taken
; ica a commencement ; it was inconceivable
:. injury that must result to the service from
this unfortunate difference between men of
•heminent characters and services. But in
J, flitting the tryal to take place, he had on
ly u ded officially, as another member of the
Admiralty-board, and was not individually
nor particularly responsible. An opinion had
made its way, that there had been faults in
the conduct of the navy, the Admiralty had a
Specific -approbation of the behaviour of Sir
Hugh Pallifer; & fpecific charge had been
produced by him against his commander, and
justice to both the one and the other was a'
landtion for the consequent measure which had
been taken.
The Duke of Bolton desired to know where
and when Admiral Keppel was to be tried,
having heard the several Admirals who were
applied to, refufed to relide at the trial.
Lord Sandwich in reply said, that the 7th
of January was the day fixed on for trying
Admiral Keppel, and s xat he had applied to
no person whatever to preside at the trial but
Lod Hawke, who had declined accepting the
p chdency- on po other account than because
hewasin A much pain, and his health is so
uncertain; that it would be at the hazard of
his life if he attended the tryal.
The Duke of Bolton enforced the necessity
of there being several flag officers as a part of.
the court; arguing, that the offence alledged
was not a want of discipline, buta want of
generalship, captains in general, much more
loan; captains, were altogether incapable of
determining upon the truth of the allegation,
and the evidence given in its behalf.
The Duke of Manchester supported the
Duke of Bolton, and gave the committee an
account of what had passed relative to the
trial of Admiral Matthews, in 1745, on this
iubjeCt. His Grace produced and read a
paper, being an extract from th# anfwerof the
board of Admiralty (consisting of the Duke of
Bedford, Lord Sandwich, Lord Anson, &c.)
in an answer to a petition, which Admiral
Matthews had presented to the King, com
plaining of the injustice of having his tryal
deferred. From this extraCt it appeared, that
tne Admiralty-board of that day defended
ihemfelves on the ground of its being obvious,
that officers who had themselves commanded
were only the competent judges of a charge
which went to criminate an Admiral, refpeft
jne rhis conduct while commander in chief.
Lord Sandwich observed, that as to what
captains would be on the trial, the Admiralty
could not possibly tell ; they could not know
them. A fignalis thrown outby the Admiral,
who is commander at the port where the com
mission directs the trial to be held. All the
Captains in fight are obliged to obey the fig
oal, and come on bord the Admiral, and the
1 ; senior Captains jhen on board the nomina
ted to be of the court-martial. One, two, or
mere fhtps my comeio fight from 2 voyage
just before the tig.:al is made, and the Cap
tains may be feriiors when they are on board
and chosen; how then could the Admiralty
determine to fyhofe lot it would fall to be on
the trial?.
The Duke of Bolton gorup, and had pro
ceeded thus far in a speech manifeftly deliber
ated for the occasion: “ A charge has been
brought against an Hon. Admiral —a charge,
insidious, deceitful, and revengefull ; —when
he was interrupted by the Lord, Chancellor,
who spoke to order. He said, it was a parti
cular misfortune, a misfortune which be had
often lamented, that parliamentary debates
ihould be so frequently perverted by unnatural
digression, and the attention of their Lord
ships be thereby removed to fubjeds totally
alien to the particular" occasion of their meet
ing. The point propoled for their difeulion,
was to adjult the nature of the preliminary in
an act under their consideration ; and yet,
from this firnple beginning, the noble Duke
was going to introduce a series of extraneous
imputations, and to prejudge what was actu
ally pending in a conftitatibnal trial. Tre
matter in agitation could not, in the fmallelt
degree, "receive illußr'ation from foeh a transi
tion, nor could any Other. collateral advan
tages arise from if to any of the individuals
which were to be fubjeCts of his praise. He
knew femething of Admiral Keppel, and be
lieved, that facttan anticipation of judgement
would not by any means be pleating, to him.
His great character, justly acquired by palt
conduct, was not to be supported for the future
by an evasion of the things produced agaiuft
him. His honour, to stand in the degree of
eminence that has hitherto been annexed to
it, must have impartiality, not prejudice, for
its advocate, Admiral Keppel would not
with to get rid of imputations, but to meet
them, to disprove, not evade ; not to foften
judgement, but to wipe off censure. His
Lord,nip called their attention to the particu
lar fubjeCt before them..
Lord Shelburne very much applauded the
Lord Chancellor, for his very proper interpo
sition on this occaiicn. He said, he would
corroborate the noble and learned-Lord's fen
ments, concerning the Hon. Admiral accused.
He knew, what the noble Lord had Only said,
he believed, viz. that it was the supreme wish,
:which at this moment, occupied the breast of
the Admiral, to come to his tryal, without
- prejudice or partiality, without anv sinister
help, without any other afliftance, but such
as was derived from the justice of his cause,
and justice of his country. He would avoid
incurring the error which a noble Duke had
before him, and would fay little concerning
the characters of the gentlemen interested in
this trial ; but this much he could not avoid
observing, that the charge was a black one,
and seemed to him the dictate of another influ
ence, than the uriaffifted, unprompted judge
ment of the gentleman who broughtit. He
had mentioned the name of Sir H. Pallifer
with great honour in that House; and he Rill,
(this tranfaCtion off his head) believed him to
be a man of great merit in his profeffion. He
wished heartily, that he had adhered to the
Arid line of naval buknefs, and confided in
his actions, rather than on law, for fame.
His frill is his profeffion would have been to
him a fore, though perhaps flow means to ad
vancement; and much more fatisfadory,
than the precipitate honours obtruded upon
him by Court or Ministry.. The noble Lord
at the head of the Admiralty had said, he was
averse t® that tryal—what did it fignify mak
ing that observation now? why did he not
interpose his diferetionary power, when the
charge was originally produced, and there
by have prevented all those ill consequences
to his country,which he himfelf was able to pre
sage. He vainly flattered himfelf, that this
matter did net fall under his particular cogni
zance, and that he was not solely responsible ;
he would find on some future day that he was
mistaken, miserably mistaken in this refpc&.
It would not be generous nor honest not to
acknowledge to him, that all his proceedings,
all the proceedings of the Board where he pre
sides, were watched with anxious solicitude;
were registered where they would mot be for
got; and would in due, season, be brought
forth as an incontrovertible testimony against
him His Lofdfhip had said, that he wished
for a general enquiry.-when is it to take place ?
not till more accusations be produced--not
till more great and innocent characters be im
peached.—Must Admiral Lord Howe be tried,
firft for saving Rhede-bland, and maintaining
to the utmost, the naval dignity of this coun
try ? must Admiral Barrington be impeached
for having saved the Welt-India iflahds, by
breaking his orders ? How many brave men
were to be attacked before this promised en
quiry Ihould commence ? As to the particular
fubjeft of the debate, he considered it trifling ;
a little matter of form, that had been otten
dispensed with; butif the house infilled on it,
a Doctor was ready to be brought to their bar,
to prove the matter of fad asserted in the
preamble.
The Lord Chancellor reprehended Lord
Shelburne, for having incurred the very fame
defect which he had concurred with him, in
censuring in the noble Duke. His Lordship
himfelf had introduced a great deal of extra
neous matter, and made comments, not much
more liberal, nor applicable, than those ap
prehended to be the confeque^ce of his Grace's
exordium. It the Admiralty, as it was me
naced, were to undergo a trial, where was the
necessity or generosity, in anticipating their
condemnation r Unsupported charges were al
ways improper; but particularly io, when the
imputations insinuated could not be immedi
ately wiped ,cR by a fair enquiry, but were
necessarily furred 'to rest for a timt upon the,
minds of the people, and to ini,ire them with
a contempt for government, and its measures,
replete with dangerous and seditious conse
quences. His Lordship had introduced as an
example, the conduct of Admiral Barrington.
He begged leave to correct his Lordship in the
matter of fad there, and to tell him, that he
had been too precipitately influenced by erro
neous information. Admiral Barrington ^ad
received order's- to defend the Welt-India
inlands; and a&ed, in what he did, in Arid
compliance with those orders. His Lordship
ought therefore to betautious, how he insi
nuated. charges,, cofthruded upon no better
foundation, \
I,ord Sl^ltyrne replied, and amongst other
matters, laid, he always endeavoured to be
pretty accurate in what he Rated to the House ;
but as the noble and [earned Lord seemed to
doubt it, he would advance his authority, and
let him overturn it if he could. His Lofd
fhip then slated, that he had the account of
Lord Barringtons disobeying orders, and fail
ing for the relief of Antigua, from an emi
nent merchant there, who mentions it as com
ing from his Lordship, as a matter of fad to
the Council tline.
The Lord Chancellor did not reply, but re
quested the House to revert to the point in agi
tation, which, in his opinion, was not as the
noble Lord had called it, triffling; for, be
sides the irregularity in form, it Was finely no
trifle for them to give their sacred fenftion to
the exigence of facts of which they knew
nothing.'
Dr. Halifax was now called to the bar, to
give evidence concerning the health of Admi
ral Keppel; but, the Marquis of Rocking
ham, and Lord Gower, speaking from their
personal knowledge to the truth of the Admi
ral's situation in point of health, his tellimo
ny was dispensed with, and the defeat in the
preliminary corrected, by inferring the autho
rity on. which the fact it contained was be
lieved.
The Committee then went upon the clauses
of the bill, when it passed, with the follow
ing amendments, without a division:
The preamble made more full, and more
conformable to the 13th of Charles 11. and zzd
of George 11. An additional clause added, to
enable the Captains, when summoned in the
usual way by a flag, for a Coart-martial, on
board a ship, to adjourn to such place on shore
as may be appointed by the Board of Admi
ralty ; and an alteration in that elaufc, which
refers to the bad Rate of health oQUe Admiral,
for which this aft was made, expressing it on
account of his infirmities.
The bill being thus gone through, the
House was resumed, when the Chairman re
ported the amendments, and the third reading
was appointed to-morrow (this day) to which
time their Lordships adjourned.
Public Auflion.
This Day, XII oClock, at the Cofte-
Houje Bridge, will be SOLD, by
HUGHDEA N,
Nine Hand of final! arms, i two plunder,
I three pounder, a forefail and mainsail, a
spare boom and main boom.
WHEREAS it has been represented to me,
that innumerable Riots and Disturban
ces have happened in the Streets of the City,
to the great annoyance and apprehension of
the Inhabitants, by Seamen belonging to his
Majesty's Ship's, Tranfpoits, Victuallers, &c.
Notice is hereby Given,
To the several Captains, Commanders,
and Officers in his Majesty's service, arid in
the employ of Government, that they are not,
on any account whatever, to grant leave, or
permit Seamen belonging to their refpedive
Ships and Veffeis, to be on shore after dark ;
and Ihould any so far trangrefs, as to be
found in the Street, after Gun Fire in the
Evening, they will be taxen up by the Police,
and punifned with the Severity,, which a
breach of Orders merits.
GEORGE COLLIER.
Rainbow, offNew-York,
9th April, 1779.
Theatre Royal.
This Evening will be presented the Trage
, DY OF
Venice Preferv'd,
Or A Plot Discovered.
To which will be added,
A FARC E, called,
The LYING VALET.
Tickets to be bad at Messrs. Rivington's
Gaine's and Robertson's, Printers; at Loosely
and Elias's ; at the Coffee-houfe ; and at Mr.
Petit's, next door to the Theatre.
Boxes and Pit Bs. Gallery 4s. No money
will be taken at the door.
Ladies and Gentlemen are desired to fend
servants to keep their places at half past four
to prevent mißakes.
VIVANT REX & REGINA.
PHILADELPHIA, March 24.
On Friday the 26th ult. was chafed on ihore
on Wollop's Island, near Chingoteauge, the
brigantine Tom, Capt. Paul Huffey, from
Bolton bound to Baltimore; the vessel and
cargo are 1011, but the Captain and hands are
faved.'
CHOCOL .4 TE,
h /MANUFACTURED in the b. ft manner ano
XVX. warranted pu^, fold wholesale and retail
at the lowest rates, bv Moses Gomcz, jun. upper
corner of Ann and Ndlju street), or of Mr.'How
ard at ti.e manuftetury, No. 13, AifLu Sheet,
where the highest price will be given f6r good Cu
doa ; bid Gomez has for tele, lamp and Confers oil
by the barrel or Iris quantity, and Irrik Log dh
marrow-fit peas! for sowing.
'A™"° TRUNKS, one a large hair one, the
A other a small red leather one, put on board a
Tianfpoit by Col. Guy Jolmfon at Halifax, hour d
to New-York, directed to Mis. Hill at New-Yorl.;
the person who brought the Letters, is defied to
call at Mr. Porteus's merchant, in Hanover-Squair,
and any other person that can give information
w lere the said trunks can be found, will receivethank;
'6NEWiWa'REWARd7 °
RUN away from the service of Jacobus Lent, of
New Town, the 3d of April, a mulatto gnl
named ISABELLA, aged about eighteen Years,
She is stout and Itrong made, long black hair; Sit
is remarkable for having a large fear in her fore
head, and another on the left fi^ of her Jaw,
all? the fore finger on her left hand, off near tile
middle joint ; She is 'uppofed to have gone away in
Men's Cloaths. Whomever will take up the said
girl, and secure her so that the Owner may have her
again, fhali have the above reward, and aJLiefon
able charges paid, -by --JOHN DEACON.
FCTctyYHLLLINGS R^^T;
Or FIVE FOUNDS on t,e Prcfecution of the
Harbourer.
RUN-AWAY from the fubfetiber,. a NEGRO
BOV nw^djACK, a short thick, full faced
fellow. He formerly lived with Mr. Cbrifofber
B/unEe, now Port-Matter of New-Yotk.
He had on when he went away (on Monday the
sth inflant), afuflian coat and waistcoat with Reeves,
both have b^en washed, so that they are almo(t white,
thick-® breeches, rather larg% light blue bread
ribbed worked Blockings, a pair of fhces in-grain,
one of which is patched in the fide, gold washed open
worked (hae-buckles, white metah knee buckles,
white fliirt and cambfick flock, marked B. T.
pinchbeck Rock buckle, with tlxee prongs, cocked
hat, foxy coloured, and generally wearing the right
hind cock before, chews T< bacco, Ipeaks very good
Engbffi, is a shrewd fadible Negro.
All Matters of transports, privateers, and other
vefleb, are hereby forewarned, by this public notice,
not to harbour or employ said Negro, as they may
depend on the utmost ftverity of the Law being put
in execution against them, by
ROBERT THOMPSON,
9 >g, Water-street.
Io be fold Gil Monday the z6tb of A,ri'., at Public
Auction, at to o'clock, A. M. or upon an, da, be
fore at private fate,
^%^~ HE real estate of Gilbert Bogart, late of Bufh
£ /wick, deceased, by estimation confining of ico
acres, as near as can be judged, commodiously situ
ated about 1 mile f,om Mr.. Schenck's mills, and
but a frtiall diftante from New-York either by land
or water, as also about 5 or 6 acres of fait meadow
appertaining to the said premises, and about 14 acres
of wood-land, a good, new dwelling house, two
Rories high, a new barn, very fine young orchard,
a good finished, well, all in good repair for the in
dustrious hufyandman; Also, a house and garden
near tile main road, to be diTpoGd of; likewise, a
young negro wench',about 8 years of age, to be fold
at public or private file, A good and indisputable
title or titles will be given for all and each part.-- --
For particulars, enquire of us jointly or fepaiately.
MOHERIi LOTTq
.. , JACOB SUYDAM, (Executors.
PETER RAPELIE,S
John ^ Augustus Nicoll,
No. 49, New-Doci, tear the Ferry-Stairs, Jell,
JAMAICA spirits, at 13,. per gallon,
J Welt-India rum, 11/. ditto,
Sherry wine, 3 V- ditto,
Teneriffe, i f. ditto,
Lisbon, gtf per dozen,
Geneva, (very heft) fy per gallor,
Ditto, % 87. ditto,
Loaf lugtr, if. 7./. pet pound,
Coftee, gd. ditto,
Portmahtuas, 32/. each,
Broad cloths, 26/ per yard,
Steel and enamell'J buttons, (very cheap)
April 12, 177,.
This Day near the Coffee-houfe,
Will be fold, 2 Pair of light four pounders,
bored out of the solid, with a quantity of shot,
6 Pair of Swivels, &c. &c.
Oliver Templeton.
'ITN~\VOTOD-
Attorney at Law, and Conveyancer,
INFORMS his Friends and the Publick, That for
the Conveniency of buying and felling Lands,
Negroes, &c. to Advantage, by private Contra&, he
Hill continues keeping his Regiller's Office at No. 129
at the u per End of Q^een-ibe t, where Gentlemen
who with to dispose of their Property, or to purchase,
to lease, or to hire, may have their Bufintfs tranfa&ed
with Secrecy, on reasonable Terms, and every Thing
that is regiflered, will be properly attended to.
And that he constantly attends to execute the
general Business of hisOffice,with the mod immediate
Difphtch, and gives that candid (and he hopes) fatis
fiftory Advice as well in all Cases of Law, as on
Deeds, Wills, and other Writings, which the Publick
bath for fix Months experienced.
Sea-Faring Men, and other Strangers, who
often meet with Difficulty in Matters not altogether
relative t, the Law, will be particularly assisted.
Executors, and Administrator's will be
intruded in the regular Execution of their Office,
whereby to avoid that Trouble and Expence which
frequently happens from the Want of Knowledge
therein.
Deeds, Wills, Seamen's Powers, and all
other Writings, drawn effectually to answer the Pur
p Fes intended,' Office Hours from Sun Rife till
9 o'Clock in the Evening.
FROM the WORSLEY Armed Cißualier, Johx
Meadly, Commander, on Thursday the Btfy
of Apr l Instant, a certain William Gibbbs alias foim
Smith, of a middle size, fiefh complexion, with his
own hair, and had on a blue Jacket. Whoever
takes up the Aid Gibs, alias Smith, full receive
TWO GUINEAS, Reward, Irani the said Cap^
tain on board the Vessel, lying at the Crare-
Wharf,