The American herald of liberty — Exeter, N.H., 1795-06-04 00:00:00, page 1

H AVI NG heard, perused, and
attentively considered the
libel oAJchn Nash, commander of
the private ship or vessel of war,
called the Retrieve, in behalf of
himfelf, as well as the officers and
crew of the said sh ip, against a cer
tain vessel or schooner called the
Betsey, and her cargo, and the
Claim of Ebenezer Wheelwright Jate
matter of the said schooner, for the
fame; and having examined the
answers of the said Ebenezer Wheel
wright and others, taken on the
standing interrogatories, and the
federal papers and documents ex
hibited, together with the deposi
tion of said Wheelwright, touching
the free intercourle now alledged ”
to be allowed by commanders of
his majesty’s ffiips, to*mafters tra
ding to and from French ports, in
the island of Hifpaniola—lt hath
appeared, and will appear to me,
until I am poffcffed of better in
formation, that neutral vefleis,
trading as this vessel hath traded,
do come within the vergre of a well
known and long recognized rule
of law.
Thar such trade is illicit and
collusive; that since the conquest
and possession of certain places in
the kte French division of the isl
and of Hispaniola, by his majes
ty’s fleet and army, such trade hath
appeared to me an open violation
of the good faith that ought to be
observed by neutral powers, and
a wide departure from that pure
neutrality which is required of /
them by the laws of nations.-—
Much has beenfaid, and much re
mains to, be said, refpefting the
precise definition of sieges and
blockade: On this fubjeft as well
as on others of the* like nature,
men will adapt opinions as they
are severally affefted, and reason
agreeably to thedifferent Tides they
Os the last Admiralty Decreed in Ber-
take.
Formerly* I think in the year
1777, (fori speak from memory)
the Congress of the United States
of America, relolved, “ That all
vcflcls employed in transporting
stores, &c. to the enemy in New-
York, (hould, if taken, be lawful
prize,” for otherwise, as was ob*
lerved, it would be. easy for
fubjeds of neutral nations to fup
pfy the Briqlh at New-York,with
all things neceflary for canymg
on the war with America, by col-
JuGon. The resolve was wife, and
the inference obvious; yet proba
bly neither the Admiral of rhe
Briiifh fleer, nor the commander
in chief of the troops, both at that
time in New-York, might have
granted that they were neither be
sieged or blockaded.
- The resolve was. notwitnltand
ing, adhered to by Congress, their
[The to « wing, as an (official paper, is in
tided to publication.]
Court of Vice- Amiralty, Bermuda.
Volume IX?]
PRO CLAMAJION
Published twThuifdays, by Samuel Winslow, in Main-Str eel, Exeter, (New-Hampshire) at i Doll. &25 Cents per annum.
American Herald of Liberty.
Official Paper.
muda.
until evidence immediately from,
or authenticated by his majesty’s
officers* commanding in chief at
the aforefaid island of Hispaniola
(hall be obtained, hereby granting
and allowing ninety days from
the date hereof, for procuring
luch official and authenticated in
information in the premises as this
coui t may deem fatisfadory. And
I do, by this my interlocutory or
der, further diced, that the said
schooner, so called the Betfey,wrth
her boats, tackle, apparrel and
furniture, together with aH and
lingular her cargo and lading, be
delivered co the clainhant s he, the
said claimant* firft giving good
and fufficienx security for the said
property, and further abiding the
judgment of this court, and in
case the claimant (ball refufe so
doing, that the said schooner and
her lading, be delivered to the said
libellants, or to their agent , or a
gents, he or they previously en
tering in this court, the like ftipu
ladon.
On the above principles, and
obligatory on me as the Judge of
a B ritifh court, have 1 condemn
ed the property of thole neuters,
who, as 1 conceive, had clearlv
aided his Majesty’s enemies, and
by furnifhing them with articles
the mott essentially neceflary, had
thereby, the better enabled them
to carry on the war against his
Brittanic Majesty, and his ally the
king of Spam.
It is now averred, and with
Tome fc mb la nee of truth, that
neuters trading to French ports in
Hifpaonila, are not at present in
terrupted in such intercourie, and
that the commanders of his majef
tys fhipson that station, (probably
acting under some legal instruc
tion Which has not yet reached
this court) do, at this time, fuffer
neuters so trading to pass unmoles
ted, although to their knowledge
bound to, or coming from the
ports aforefaid. Ido therefore, for
the removal of my present doubts
and to the end that lolid and im
partial justice may be administer.
ed, think it prudent to defer a
final sentence or such as in this
case might have the face of one,
(hips captured neuters under that
rule, and their Admiralty Courts
condemned them. When his
Majesty’s fleet and army, arrived
at Hispaniola, for the express pur
pose of conquest, when many pla
ces of strength were carried by
their arms, on our fide, and on the
forces of our ally, the king of
Spain, seconding Briiiih efforts,
were mutually prefling forward
for the entire reduction of the
French parts of that island : And
when the Frenchiflands, (the fame
formalities perhaps may have been
omitted; were all declared in a
state of blockade, furcly it cannot,
be held a falfe conclusion, to con
sider the French in the island of
Hispaniola, equally besieged or
blockaded atone period, with the
British In New-York, at anoth
er.
THURSDAY, Jf ne 4, 1795.
The substance of the intelligence
brought by the late mails is that
the French have entered West
phalia, in considerable force, and
have borne down all opinion
before them. Their Head Quar
ters are at Benthem, of which
place they took poffeflion on the
izph inst. after two obstinate en
gagements with the Germans on
the 12th and 13th.
A treaty of alliance with the
Empress of Ruflia has just been
signed by our court.
We do not presume to know
the precise nature nor the condi
tions of this alliance, but it is said
that it go^s to engage the Empress
of Ruflia to furnilb 40,000 men,
and 12 fail of the line to ad a
gainst France.
april 3.
Accounts received from Genoa,
mention, that the Dey of Algiers
had declared war against England,
and was determined to aft in the
ftrifteft .union with France, in
confcquence of receiving lome
(hips of war and great sums of
money from that Republic.
The Prussian army, which will
aft in the ensuing campaign, will
consist of between 60 and 70,000
men.
The national debt in Holland
amounts co five hundred millions
of Dutch florins.
Capr. Obamas. of the (hip Jay,
from Curracoa, on the 27th A
pril, off the Weft end of Porto
Rico, tell m with 5 French stone
JOHN GREEN, Judge-,
Promulgated in the court of Vice'
Admiralty, this 25th day of A
prtl 1795.
The French have assembled on
the banks of the Yffel 40,000
men, 18,000 of which are at
Zwoll, and the rest at Deventer
and Zutphen. •
it is said that the French have
received orders to attempt to drive
the Austrians out of the Country
of Munster, across the Wefer, and
to undertake the siege of Wefel,
and that they in consequence there
of would cross the Rhine in three
columns near Spick, Arnheim,
and Doelburg, in the Dutchy of
Cleves. But as the Prussians ar
rive in full force in Westphalia,
and the Allies in general make
dispositions to refill the French ef
ledfually—-we are in full hopes
they will prevent all this.
FRANKFORT, MARCH 10..
IT is expected chat the Imperi
al Army and that of the Empire
will shortly cross th.e Rhine, hav
ing received orders to keep them
selves in readiness, and have even
made a fliew to break it up,
WESTPHALIA, MARCH 10.
Late from Europe.
ENGLAND.
LONDON, APRIL I.
Our accounts dired from France
are as late as March 24—ihofe via
England, are only to the 16th-*-
The former contain the Fntelli*
gence, we have hitherto announ
ced, of the accufetioa of the rom
mitreee of twenty one, against Bar
rere, Collot de Herbois, &c. which
took place on the 2id March.*—
Mr. Fox. in the Britirfi House
of Commons, afterts, that Pruflia
had aftually made Peace with
France^ yet there is no official in
formation on the lubjrft The
death of the Prussian negociator in
Switzerland, may have retarded
such an event.
We have reports that the twelve
millions of dollars, lately affefled
by the King of Spain, oh his cler
gy, is already appropriated to
wards purchasing a Peace with
France. The authority on which
this information is said to be bot
tomed, is that of the Briiilh Con
fui at Cadiz.
ffiips, which mounted from 20
to 24 guns.
Cape. Thomas, could not learn
from whence they came, but fup
poled from what they told him
were bound to fame part of the
United States.
We imagine the above vefleis
are the fame which the British
frigates engaged off Cape Henry.
Some of the paflengers in Capt;
Scott, are of opinion, that a Peace
will be concluded this year. - Ori
what data they found that opini
on, we are not able to state. The
majority in the English Parlia
ment, in favour of the war, is not
diminished—-and the monied and
landed interests appear firm in its
support. The moist aftive prepa*
rarions forequipping a formidable
navy,were prosecuting; and ftockS
had not fallen any confiderabiy
for some months. On the other
hand, though Peace on honorable
terms, appears to be the wish of
the French Convention, they are
nevertheless recruiting their nume
rous armies, equipping navies and
fending squadrons on remote ex
peditions. The Germanic Pow
ers, also, are augmenting their for
ces.
On the 9th of Feb. Citizen
Adams, Mmifler of the United
States, having informed the states
that several Captains of American
vefiels were unwilling to submit
to the infpe&ion required in the
ports of Holland, the Assembly
resolved to enjoin upon the Port
Officers to inlped at difcrecion alk
vefleis, and to afreft all persons
found without paflports, and or
dered that a copy of this procla
mation should be given to citizen
Adams, and all the ministers of the
neutral powers.
From AMSTERDAM, March i.
Os BARR ERE,«nd Co.
From SPAINi
OF PEACE.
[Number 50.