Norfolk gazette and publick ledger — Norfolk [Va.], 1810-06-29 00:00:00, page 2

i
**d tWidfornrme 1 hitTorwatt Ha* decoded of Mr,
HxiiWfcif *»« prtltUMMfy steptow^h appeasing
BoWWpatte, tfi# immediate ejection from office of
captain Porter, who commands the j-no ho^«» of
JfePflijlMna, fyr twiddle vxth French pri
Madison has not yet thought
’ When fc-Wti* ptufeeseetto supply the omisrioitt of
ethlif^hMftijBfa t>» partfciilarly cautious how he
■dvfiaeet anyy»/rv/fa of his own. We understand
that gin.^j’tfmau he* made r>i *urh demand, on the
ground of captain Porter's having meddled with
FrAtch priiafttrl—on that'point there has hern no
expression of conipliiinf. It is true that respecting 1
the La Frgnehite the French minister has made e |
torn plaint to one government. This vessel was
ieiioihy mm. Porter,and reclaimed l>y the Frenrh
<Otmtpt New Orleans, on the ground of her bring
• nafhttal Oeaiia! end commanded by a Lieutenant in
the commission of Ms-imperial majesty. Upon these
grounds, the court ordered her tn be released—hut
«A the motion of the United Suter** attorney, granted
*0 appeal* ^When these circumstances were laid
before President of the Uoited StaUs, he
instructed the attorney for the United States
toi'dismtiSSthe Action, and have the vessel re
restored. If we are not mistaken, the Fr*nch con
eplhnt refused to rereive her, end gen. lurteau h.ir
retired the (recall of captain Portsr—comparing
tli*date of the La Franchise with that of the Che*
•apeake^—1The cases it is true ere most strikingly
• diiaumlir. *
*ltS#r*‘i*'« striking difference between ignorance,
and a vyilfttl, IntmtidnaKinstilt—between Porter’s
eaWtareof o iMtiniiil vessel, not knowing it to be
twift-eiind Hnrophries*# avowed attack on an Ame
rican frigate.—There is also a wide distinction be*
#. tween«yrsurrendering the Frenrh vessel, as soon
atethe fuels *fe known to our government ; and the
British rnbinfPs retaining the seamen, that were
forced from the Chesapeake.
Enquirer.
fffr ’tatt•’of Congress.—A letter from Washing
ton, published in the Mercantile Advertiser of this
morning, states, that" no intention of calling Con
gress exists; tilt* on the contrary, there is almost
a certainty, should nothing further occur, that con*
gmawilluot convene hefnrs the constitutional pe
riod*—Notwithstanding the rummus of an imme
diate hull »f congress, and the remarks of s»me of
Opr brother editrirs on th^ probability of such an
•Vent, »e have never bean of opinion that congress
.Would be convened. We stated our doubts on the
•«tt)«ct when the report was first prope gated. The
executive can ha>’e no motive to call congress, in
thnprefeht disposition of the administration. War
wltlj France is not intended. Btfonapar'.e cannot
klckm itiioa war /—And wc have no doubt hut Mr.
Arsnslcgpg has said more to bis imperial majesty
than oof government intended he should ; and tho*
Duane is now bedaubing this minister with praises
fur bia tnanlyr behaviour, he will probably justify
KapoWn s next uttack on our rights, by saying it
eps in retaliation for iVfr, Armstrong’s insolent re
Btypottrenre—Some people wonder at the prompti*
tads of the government in publishing this corres
FIWKhwM^ they say they are in bopej that the olTJ
deceptive system is to beahandoned, and a more ho*
ant, open and candid plan of policy is about to he
substituted. \Ve wish there were foundations for this
Mijfe. Wearchappy toyiveour administration credit
‘j«pen they deserve it—-arid we commend them for
fctfpg iMroficial stf.np to the correspondence at
tbUtime. Iff l«
i never too late to Ho good ; and much
property may be sayed from the fange of t*. de*
Stroy*r, by the publiralion at this late hour. We
•re, however, forced to suspect that it was not the
ififtreelt 'orrtrfWerchann dor oftbe country, which
iridtierd our government to publish the rorrespnn*
'/<d^Bru. %trange and inconsistent as it may appear,
H Wi i continuation of tha old palsying, Jeffersonian
•-Bystem. Mad the dorriments beau suppressed until
the meeting of congress, and been then suffered to
' bfflrst upon this representatives of the people, if con
pen ere even at low and degraded as Duane
represents tbam, there would probably have
been enough of the old American spirit found
t» then to declare war aguinst the tyrant.—
This would have destroyed French influence at once.;
1th*Situation of those who have attempted to
tify the French government, would have been ta
aforuUe. This, wonld have turned the
tof. the aage Jefferson into foolishness.—
i must then be guarded against. The documents
ItMr^iire published at this litiw, when no order
can be taken on itiejn. The people will scowl at
r"nd,,ait »h«* friend Buonaparte, t«>r > !Vw
r^jqHp'fioters here will find excuses for him,
fotrfwe constitution si period for the meeting
f epngress the outrage will be almost forgotten.—
The democratic (heathers of congress will go to the*
V ,rw!“ fi|frd with files of the All*
ror« tbaHtffil^tnd oib-r Fr-nch 'p.;.*is; p'-’P-ncd
to gabl of N.tpideon, and to condemn
ileney, or some other victim who may he
ou* as a sacrifice to atone for the loss of the
l ta»Qi»r. N. Y. P.r. Post.
RjcnMO!M>, June 2$.
y!ng the following interesting case bel'or*
utters, we Cannot forhear expressing our
f the. injury, which has been done to John
-•nJWflSfnws nr c Minus. Since the exi
ts been fully exhibited befor* the court
^Id, prejudices are wearing away ; the
oion basest it* fcis lavour; men who
terty his enemirt, hare now become
*od the idea is fast taking r<jot, th».t
s is an injured man.—RnqMrtr.
on tbs Ev«vibsr.^
•a,
,, . .^present j
tar, and Erana.-.
af tfei common wraHb of
CU^rate, ont^trie*
n thr following rmwrt tf#,
Oferakbirv' Swnsael
iam Carter, Thomas
tm M»Be»f,ft<tbert Dn-.
--j «b»: J«h» Clarke original
. ..ilMflin of (hi imnCuior^ of-arms at
«i*y. At the time of bn bring called to tikis
bbvterts, he was engaged with great reputation end
wry ex tensive scale, in the business of a mill
Wright, hiving in bis employment a body of first
r«ta Workmen, many of whom had been instructed
by himself: attracted by hit genius, the executive
selected him for this important trost; and in the
year 1798 sent him onf to thenorlh to inform him.
self by examining the various institutions of the
kind which were in operation there. On his return,
he entered into a contract with the executive to
bui'd the machinery of the manufactory of arms,
according tn a bill of paatirulars annexed to the
contract for. $ 10,055. “t was in full proof that,
at the time the contract, the model in tiie con
templation of the parties was that of the Springfield
Manufactory in the state of Massachusetts, a sketch
of which, taken by the defendant on the spot and
authenticated by proof, was before the jury: But
as the work progressed, various new improvements
were suggested by the genius of the defendant and
imparted tn the executive, and they consulting the
solid internets and dignity of the atate, adopted
those improvements and permitted the defendant to
depart from the terms of his contract and substi
tute them for the Springfield machinery. The do
velty of the work, the complication of the rnaehi
narv, and the extent of the scele, kept the defend
ant’* workmen employed upon it from November
1799 until February 1807. During the progress of
the work, the friction and conrussion of the heavy
machinery, put.jnto operation from time to time,
as it was finished, had rendered a great quantity of
repairs necessary which were done by the delend
ani’s workmen. They had done elso a variety nf
other work, not comprised in the bill of particulars,
such as aqueducts, forebave. ttr. Ate. all inHi«n*n
sably necessary for tha manufactory, and which
they from their superior skill were best capable of
doing. These alterations, improvements, repairs,
and other work out of the contemplation of the con
tract, raised the defendant's charge against the
commonwealth to § 29,000 for the whole ; he bad
drawn frnm tims to lime, for sums of money, on
aecoont of this work, or his wants pressed ; and he
had drawn 19,000 in the name of his foreman Jo
seph Young : the executive council bad regularly
sanctioned his draffs and directed the auditor to is
sue warrants for their amount. With regard to bis
using the name of Joseph Young, bis foreman, in
drawing for the rxlra work, it was proven by Or.
Viilliam Koushee, then a member of the executive
council, that the defendant had in the beginning
conferred and consulted with him as to his certify
ing the extra work in the name of Young : Doctor
(ousl.ee told him that the council having appointed
nene over him to superintend and certify his work,
and having sanctioned his certificates of his work
done under the contract, he saw no greater impri
ety in his certifying the extra work also ; that if the
work was done and worth the money, it was im
material to the commonwealth whom he should
make, bis receiver; end as to his using the name of
Joseph Young in the certificate for the latter work,
(the extra work) it was not only improper, but
might be tha most convenient, as it would serve to
distinguish the extra from the contract work. ‘Col.
James Monroe, then ibe governor of the common
wealth, also proved that he knew that the defend
ant was the only contractor for the machinery :
that he knew that Youag was his foreman ; that al
though the certificate was given by the defendant
that Young was entitled to the mqgey, be well knew
that the money was for the defendant, and lie con
sidered the name of Young to Le matter of fornr
merely, and not of substance. The evidence of A
lexandria McRae, esq. another member of the then
executive council, was to the same effect. Jt was
proven by several witnesses that tbe work bad all
been done; that it was wijrth the money which
had been charged for it; and that the defendant’s
mill wrigbts, it they had been engaged during the
same length of time in building mills for him, on
private contracts, and at tbe prices which he bar!
been in the habit ot receiving, would have earned
him a much larger aum. Jt was further proven
that the Virginia manufactory of arms was not on
ly the first in the United States, but that it sui pas
sed in contrivance, in exquisite workmanship and
value, any pubhek work of the kind either in Eng
land or France; and that in either of those coun
tries, such a wink could not be built for a much lar
ger sum than this had cost.
t nr Kgiftiaiu/v 01 iwa y, on an imperiert view
of this subject, displaced the defendant, with marks
of great indignation, from his office of superintend*
uni of the manufactory, and directed the institu
tion of this action for the purpose of recovering back
a large sum of money, which they supposed him to
have received through frayd and imposition practis
ed on the executive. The cause came on to be
heard on Thursday, 14th June, and was closed on
last Saturday evening between 5 and 6 o'clock. A
vast mass of evidence, written end parol, was laid
before the jury, and they had every light upon the
subject which the nature of the case afforded.
The witnesses in behalf of the commonwealth
were John Strode ol Culpepper, and Rich'd Voung
ol Richmond, on whose evidence, principally, the
legislature had acted; William jerman or Albe
marle, David Holloway, Win. Rawleigh, Thomas
flume, Robert Ainsworth, Macon Green, Yeariuans
Smith, Wilson Uryan, Geo. Dabney, Hertnan B
Sneed, Isaac Ot<-s, and Thomas H. Wooding; which
two last were among the most active members of
the assembly of 1808, and bad voted for the insti
tution of this suit, and were now the two most ef
fee live of the commonwealth's witnesses. Wm. W.
Henning, gen. James Wood, Joh* Heath, Samuel
M*Cr»w, George W. Smith, Wro. M unford, and
George Hay, esquires, were also examined on the
part ef the commonwealth.
Tha witticsses on the pnrt of the defendant, were
col. James Miiprnt, Dr. Wm. Fmisbce, general J.
Gucrraat, Alexander McRae, Jobs Richards, mer
chant of phis place, Francis Perdue, Matthew
V. oo-lsun, Robert Hide, George Williamson, Jo
i *<*pb -Youafj, Wm. Young, James Meredith,-James
Hnopcr, Mtcejah Crew,.A.Utit McRa*,
i esQ. and Dr. Archer. ejym r,
was tried in the hall of the house of dc
!cgaits, before a very otowded and anxious audi
I «»f?v the foliept examination pf the evidence
and the arguments left hut one senthseot In the
i pablick rated; that tha defendant was perfectly in
pPsaSSPliisii
- A motion was then mud* fey the counsel for th*
common wealth, for anew trial; they stated as
ibeir motive for the mntipn, that the verdict would
be much moit satisfactory to tie public mind, and
the people of the commonwealth at forge, if it were
permitted by the court to stand after this motion ;
with ibis view they assigned as the ground of their
motion, that the verdict was contrary to the evi
dence, but the court unanimously over-iuled the
motion fur a new trial: Concurring in declaring,
that the defendant was fairly entitled to the verdict
which he dad received; that it was such a one as
they themselves would have renderedj bad they been
on the jury, and, therefore, that it was perfect
ly satisfactory to them.'
Salim, June SO.
FROM NAPLES.
Captain Fairfield has favoured us with the follow
mg intelligence.
About the first of April, 1810, Alexander Ham
roett, American consul at Naples, applied to lha
government for mean's of conveyance lor the crews
of lb* American vessels confiscated at Naples, to
the United States ; he received for r.nswer^that the
crews of the American vessels might return to their
respective home* in one of the American vessels,
which vessel must be bcught by themselves ; alter
which he applied for the ships Hercules and Fran
cis, bat had not received an answer at the time of
the departure of the .Mefgaret from Naples. The
general opinion among the Americans at Naples
wa», that the government would only allow them
one ship, notwithstanding application had teen pre
viously mede for two ; and their determination
•as to embark, (as soon as permission tvas grunt
ed) for the United States, as such unprecedented
conduct as bad been pursued towaros the Ameri
cans, led them to fear that delay might cause their
being imprisoned. Probably the ship with the
crew s of ibe American vessels on board, in number
about 250, would depart from Naples about the
middle of May.
Yesterday arrived at Marblehead, brig Mentor,
rapt. Richard Pedrick, from Alicant and 5-t days
fiom Gibraltar. Capt. W'm. Fairfield, bis two
mates, one seaman, and two passengers, late of the
ship Margaret, of this port, wrecked at sea on the
21st of May, came home in this vessel—they were
put on board the Mentor from the brig Poacher,
bound to Boston, who picked up the Margaret's
longboat with 15 men on board, after being from
the wrerk 5 days.
From Capt. Fairfield we hare received the followin'*
DlStRKSSING PARTICULARS.
April 10th. Sailed from Naples in the ship Mar
garet, of Salem, with a crew consisting of 15 in
number, exclusive of 31 passengers, milking 46 men
and boys in all. We passed through the Gut of
Gibraltar the 22d of April; nothing of moment
occurred until Sunday, 20th May, when in lat. 40
N. long. 3p, 30, \\ . having strong breezes of wind
»t S. K. and E. S. E. and rainy weather, at 10 A.
M. took in royals, top-gallant studding-sails, fore
and nvzen top gallant-sails, jibs, staysails, and
mainsail—-at meridian, wind and weather continu
ed es before-mentioned—at 1 P. M. tbe 21st the
fore top mast studding sail haulvards parted, tbe
studding sail fell overboard, filled with water, and
carried away the studding sail boom —we took in
lowerstudding sail, spanker, and mizen topsail, by
which time it became squally, and we immediately
dewed down fore and main topsail, and let fly the
sheets—tbe wind shifted in an instant from E. S.
E. to S. W. and aithough the helm was hard to
weather, we rould not get the ship before the wind,
but was instantly hove on her beam ends. Every
person on board the ship bring at this time on deck,
and held on- We secured an axe, and immediately
cut away the weather lanyards of theshrouds, masts
and long boat, which being don# the ship righted,
being full of water, her batches off, chests, water
casks, &c. drifting amongst the wreck ; the guns,
r-ichors, edmboo9e, and every article on deck, we
hove overboard to lighten (he ship, and endeavour
to dear the wreck of spars, rigging, &c. which ley
beating against her to windward; but our efforts
were in vain, the starboard lanyard* of the sbourds
being deep under water, and fast to the ship, and the
sea making a continual breach over her : during
this time the long boat lay beating among the
wreck of spars, ficc. bottom up, the pinnace being
wrecked entirely to nieres. exceot her keel, and *1
bout three streaks of the boards of her bottom, lav
in the same situation as the long boat, and the
stern boat lading at thesame distance from the ship,
full of water, with her gunwales tore off, butts
started, and stein about halt stove in, it was with
the utmost diffirnlty that we balpd her out, and kepi
her so far fiee as to enable us to get a rope fast to
the long boat, by which we hauled the long boat
alongside the ship, turned her over and found her to
be badly stove, her gunwales and stem broke entire
ly off, her wood ends and garbered streak open, and
large holes in her bottom, so that we found it im
possible to bale her nut, and. we were under the ne
cessity of iipsfting btr again in the sea, with the
hopa of being able to stop a part of the holes in her
bottom, which we in part effected, bydiivino to#
the butts, and by putting canvass, &c. into the
largest holes in her bottom, after which w# turned
her over again, and by continual baling with every
bucket, &e. which we could procure, we were en
abled** keep her from sinking, still keeping under
the lee of the ship. By this time it was about 7
P. M. when the boat being hauled near to the ship
for the purpose of getting canvass and oakum lu
stnp the leak, at many men as could reach the long
boat jumped into her, and finding the boat would
be again sunk if we remained so near the ship, we
were obliged to veer the boat to leeward of the ship
at the distance of 1'3 or 20 fathoms, being twelve in
number in the boat ; we had not laid in this situa
tion but a short time before one roan jumped from j
the ship into the sea and made for the boat; we
took him into the boa}, and finding at the same time
all on board were determined to pursue the same
plan, we were obliged ta veer the boat further from
the ship. We stated to them on board oor situati
on, whir 6 was alia evident to them, as it required
«df our exertions to ||eep the boat from sinking.— /
During the night we^ay with a rope fast from the
ship to the boat, and under her lee, when thapeo
pla on board of the ship Wing exceedingly arinbus
to get into the boat (which bad tffry effected we
should all have been inevitably lost) kept hauling
iSSSfeiii—
■noth**
titod.hg
tbejr were aetermiiKd (• sink the. fcnfFky «.»»
Uit* tort, we werndrlig,*
to them our situation) to fell theu* that pi&idwf
they persisted in getting into the bo|t, we st
obKgfd, though very leluctantl?, tarot the L_
lea ve the in ;' -mitt which they desisted from hat
the boat towards the ship. At this time we were
13 m number in the long boat, besides $ men who
were in the stern boat laying under the lej of the
ship, continually baling' to keep her from sinking,
whirh augmented our number tie more than could *
with any degiee of safely attempt to leave the ship
in the long boat in the sbalteied condition she was
then in.
Monday Morning,"moderate breeses and je* tole- -
ralle smooth; at which time the people on the wreck
were about half of them on the tatirel rail and the
remainder on the bowsprit and winuiass,every other
p*rt,of her being under water, continually, and they
kept entreating us to take them into the boat ; we
then told them our determination was to contoua *
■y the ship while she kept together end that the
boat was not in a situation to leave them unless they
attempted to come into her, but if any of them
once made the attempt we should be under the ne»
sessity of leaving tbetn, notwithstandingour wretch
td situation, having neither compass, quadrant or
ary instrument whatever by which we could direct
our course, nor r single drop of fresh water in the
boat, and two men constantly bailing.; all of whuh
circumstances were known to them,
Aoout this time, Casks of brandy unci sundry o- *
ir.er articlss-nf the cargo were drifting from the »
wreck, amongst which we puked op the ftiiientoD
gallant sail, 2 spars, 5 oar's* i CM$k s,| ml, 1
(drowned) pig and 1 gOat, 1 bag of U-ealj, alld they
hove us a gallon keg of brandy from ihe ship ; we
then fixtd a sail lor the boat from the mizeu top
guilant sail,- it being now about.] 1 a. m. when the
people on the wreck were determined to come into
the boat and begin by jumping into tie sea, at
W.IM... WC vrerpii me a farther cvstance from
the ship mid they again returns) to her, after which
wp rjgam repeated to them our determination to con
tinue by them so long as the ship held together, but
if any other person attempted to mine into the
boat we should that instant leave them nolwith
slandiog oar desperate situation : at this time they
had seron-d on the wreck 3 quadrants, 2 compass
es, 1 hhd. of water, bread, flour, and a plenty of
provisions, as they frequently informed us, hut they
would not spare us any ul those articles unless «e
consentedto come along side of the ship with the
boat, which had we have done we should have been
sunk in an instant as they were prepared to jump,
having oars, chests, &r. ready for tne purpose on
the tatlrel rail.—Notwithstanding they knew our
determination and the impossibility of our taking
them into the boat, they still persisted in getting in
to her, and one of than jumped into the sea end made
lor the small bout which lay veered to the leeward
ot the ship, which boat he readied and ftodiny we
Miuld not take him into the long boat, he r. turned
to the ship with the small boat^whid, tunc see
ing they wsre sll determined to pursue the same
plan as this lest man, we were under the puinlul ne
cessity of cutting the rope ! y which we were fast
to the ship, and row and sad from them for the pre
servation of our lives, being in hopes of tall n . in
with a vessel to relieve us, which was afu.ostdhe
only hope we had left, being about 400 miles dis
tance from the nearest land, and in the desperate
situation before stated. At this time it was at,out
meridian, with moderate wind from the southward
and westward, we m de our course as nearly east as
possible, for the island o! turvn or FI ,res, and the
last we so waif the ship she was laying n the same
situation as w hen we parted Iroiu her ; it WrtS now
about J.p. y. the 22d May. we continued our course
for the eastward, having the winds variable from
S. b. E. to N. V\ . anu two nr-u constantly bailing,
steering in tbs night by the aters, when t,. he »een,
and whetr-dark, rloudy weather, be tne heaving of
the sea, and in the day time by judging irom the
bearing of the sun, when to be seen^ and when not,
hv the best cf our judgment. We continued in this
situation wiiUuut seeing-tty vessel until Saturday,
2o'lh ot May, at 1 p. m. when to oiir great joy we
espyed a sail which proved to be the brig Poacher
of Boston, capt. James Dunn, from Aluant: who
took us or. board end treated us with every attention
and civility while on board his vessel, lor which we
return him eur most grateful acknowdgemcnt, and
also to capt. Richard Pedrick, who very generously
afterwards took 6" of us on board his vessel, and
brought us into Marblehead, and treated us with
me greatest politeness.
William Fairfield,
JoJma SajTurd,
Ltiuit Barmy,
■Altx r Ihomxon,
Zernb'l Kemp,
John \1. Fecit,
William Graves,
.A’ahum Warren,
Bubert Peeie,
Edw. llichmdiun.
Lift of the officers, crew and passengers of the ship
Margaret, of Salem, Win. Fairfield, master,
wrecked on theSlst of May, 1810, in l*i. 40, N.
long. SR, 30, W . on her passrge from Naples to
wn! ds Salem—Viz.
Wm. Fdf field, master, Robert Peeie, made, Ed
ward Richardson, 2d mate, and John II lyman,sea
man, all of the ship Margaret; Alexander Thom
son, l.-.te master of the sek’r Kite of Baltimore*
Nahum Warren, do. do. Hound ol do; Wm. G raves,
4o. do. Peace, ol Newbu.yport; J.Jh M. Peck,
do. do. Urania of New York ; Louis Barney, late
supercargo of brig CWinibo of Bnliminre; Zeruba
fcle Kernp, late mats of ship Francis, of Salem ; Jo
shu4 Salford, do, do. of brig Hemp, ol do j Julia
I vler, Rufus Wilkins, Jacob Schultz and Alejtandi r
M'Krnzy, seamen—[All the above were picked up
in the long boat.]
Left on I he wreck as follows:
llunry Larroni,.latemuster oi thesch’r Mary,of
Beverly ; John Junvrm, do. do. of sch'r Syran, of
Ntwburyport ; Wm. Burrell, ssaman, and ItAaft^
Chont, cook of said ech’r Syren ; Henry Tucker,
supercHigo of ship Francis of' Salem; Georg* E. A.
Carpenter, clerk of ship Hercules, <>f fto; George
Prince, clerk of brig Romp, m do ; Jdhn C. Very,
i^d mole and Green Perry, cook of said brig Romp;
Ernest A. Ervin, 24 mate, Benjamin Peeie and Jep
. tber Laylh, seaman of brig Vklory, of Salem; J.
Sinclair, 2d mate, Mabnry Orion, apprentice, and
c John Jones, seaman, of »rb*i Kile, of Baltimore;
Henry Gill, 24 urit? und Jofu Bear kW,apprentice,
of ach’r Urania of New York ■, Sami. Craft, mat«s '
and Nt tM. Sheffield, Seafnat, of srb'r Ousrtonack,
of Derby j Jacob Fowler, Seam** ad brig Two
BeUeya of Btvtrly; Edmond Wingate and John