The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1797-04-13 00:00:00, page 2

•rvu' to recptcft him to order the attorney of Nsw
ji k in’ rice to fray the proceedings ioftituted in
! .e icimr ol the government : there w*s nothing
done w;;h litem, and Mr. Hirrilon continued hi»
|i ofecurion." It will appear by my letter of Oct.
i i, ‘or to Mr. IHrrifon, that thefe papers were
J. ut t'» i.r.n. and by his anfwer ot Oct. oA, that be
received tbrm. 'That the lull of lale (one of the
papers) w».s produced to the court in be h - If ot the
cliimint of the privateer, hut that the cert ificate of
G.neral L tveaox could nor he confidered as evidence
in the cauie, and it it had been admtfiible, “ thjt
claimant would lie very cautious of producing it,
c/n account of its differing f rom the witnelses.”
6 b. Cafe of the Privateer Le Caffius.
For the full bii’tory of this cafe, I muft alio refer
to the document : and here only prefent you with
a concile ftatement.
The Callus under the name of les Jumeaux, was
fttred and armed tor a vel'srl ot war in the port of
Philadelphia, in violation of a law of the United
States. In December'04, hiving eicaped from the
port to defcend the river, orders v/ere given to the
xnili?ia ot the Irate ot Delaware to interceot her.
The attempt was made and failed-—the crew of les
Jumeaux, whi-h v>as UMXDeetedly found to he very
numerous, rclifted thefifcers who went «n board,
manned th»*ir cannon, and brought them to bear on
the cutter in which the tniliria (about 40 in number)
■were embarked. ' Their force being inadrouate to
the ertterpri/.e they retired, with an inrention to
return the m-xt d.iv with a reinforcement. '1 hey did
jo . bur les Jumeaux bad (ailed and gone to l’ea.
The agent Mr. Guener, by whom les Jumeaux had
been fitted our, was tried in the circuit court at Phi
ladelphia. convicted of t lie offence, and received len
ience ot fine ant! iinprifonment.
Let Jumeaux proceeded to Sr. Domingo, Samuel
B Divis, a citizen of the United States, there took
the command of her, with a commiHion from the
French government. Davis pi obahlv failed from
Philadelphia in lea Jumeax lor the porpole of-final
ly taking the command of her. Her name was now
changed to Le Calfius ; and on a cruil'e the took a
fchooner called the William Lindlay, belonging to
Mists. Yard and Ketland of Philadelphia; Mr.
K 1 land having purcbaled an intereft in her when
fiiiing. The tchooner and her cargo were con
detuned as oris? at St. Domingo. In Aogtift ’55,
Capt. Davis, commanding Le Caflius, came with
Iter to Piiil .delphia, She was immediately known.
Mr. Yard, with a view of obtaining an indemnifica
tion for r.he lols of the Ichooner and her cargo, libel
1- d Le Cnfllus in the diftrict court, and caufed the
captain to be arretted. Soon after, the fupreme
court, being in (Vision, captain Davis's Counfef ap
plied fur and obtained a prohibition to the djitrict
court, to ft op its proceedings; by which the fuits
both againft him and LeCt>nius were defeated. The
prohibition was omntpd <in rhis min. ir.l*. . u,,.
iri .] of prizes taken without the j.irifdiction of the
Unired States, and carried to places within the ju.
riidiction of France, for adjudication by French vef
fe's. and all qieftions incidental to it, belong ex
clufivelv to the French tribunals : And confequently
that its vefsels of war and their officers are not lia
ble to the procefs of our courts, predicated upon tuch
capture and fuhfequent proceeding within the jurif
diction of the French government.
Mefsrs. Yard and Ketland having failed to obtain
an indemniiication in this tnode, procured new
proofs, on the information of Mr. Ketland, to be
ji's.ied from the circuit court, by which Le Caffius
was attached as a vefsei armed and equipped as a
ihip of war in the port of Philadelphia, with an in
tent to cruile and commit hoftilities againft nations
with whom the United States were at oeace ; in vi
olation of the act of Congrefs prohibiting fuch arma
ments. Mr. Adet complained that the procefs was
t.’kcn out of the circuit court becaule,as he alledged,
it had no jurifdiction, and that it would be attend
ed with delay—that court fitting but twice a year;
whereas the dif'met court, in which it was faid the
profecution (if at all permitted) ihould have been
commenced, was always open. I confulted gentle
men legal knowledge on the point of jnrifdicri
on in this cafe, and they were decided in their opi
nion, that t’ne circuit court had jurifdicrion, and
t xrlufive ly of the diftrict court. You will fee alfo,
in Mr. KawU's ftatemeur of this cafe, that his opi
nion was adopted and fupported by two gentlemen
of eminence at the bar. You will further fee in that
ftriteraent, that thegovernmenr of the United States,
had nt) part in originating this profecution ; and
tha-r the diftrict attorney, in behalf of the United
States, took nteafuies at each term of the circuit
courr to prepare the caufe for trial, and on a plea
calculated to defeat the profecution. At length in
October term ’q6, the C2ufe was brought to a hear
In the courfe of the argument the queftion of
jurif diet ion prefented itfelf. '['he court adjourned
till the next day to confider on it, and on the fol
lowing morning di.mi'sed the f'uit. As foon as I
had received notice o-fthis event (on the 19th of Oc
tober la ft) I wrote to Mr. Ader, informing h-m that
Le Cuffing remained in the cuftody of the Marflial,
bur ready to he delivered to his order. To this no
anfwcr was returned ; but he mentions the matter
m the notes fubjoined to his note of the i;ib No
vember, intimating that the United Stares were
anlwerable in this cafe for the violation of treaties
and for the damages the Caflius had fuftained. Here
the affair reft*.
(To be continued.)
vv antedImm EDI ATELY, ~
01 t,lrce Labourers, to be employed in a
J? bn. k Yard. Apply to the Primer.
Ap.il 13.
Continued Glorious Sneerfes oj tie trench
Republican sirmy.
The Ship Chefapeak. Captain Wife, arrived at Nrzv York
the 5 th infant freer. Board-aux % brought papers from
that plai> to February 2 2 and from Paris February 18 ,
the Jollj'vjing important infirm.ation has been extracted.
Fall of Mantua and entering Trent.
PARIS, February 18,
ARMY OF ITALY.
General FLelleftnan, commander in Lombardy, to
the minifter at war, dated Milan, February r.
T Profit by the courier, expedited by general Bu
A orraparte from the P*ornaine, and which announ
ces to the directory the defeat oftbe Popels troops,
to announce alfo the lurrender of Mantua, which I
received laic evening by a courier from Mantua it
felf. It is very ptmble that the general, occupied
in the P.onr.aine, had dgl received this news at the
departure of this ei|fcjp£. -Th<«^0|0ttnn are
loners of war, anti be fent into Germany tone
exchanged.
From a letter cf Buonaparte, dated Faenza, Fe
bruary ?.
“ General Serutier and General Wurmfer, were
to have a conference yefterdav, to fix the duy oi the
capitulation, and agree upon the differences between
the propofed and the accorded articles.
BULLETIN
Of the army of Italy, head quarters at Faenza, Fe
bruary 3.
“ The army is informed, that Mantua fur render
ed yelterday, at 10 o’clock in the evening. 'The
garrifon are prifoners of war r the article* of capi
tulation will be made known, as foon as received
by tire officers.
Signed, > " PASCAL.IS "
The three preceding articles are from the jour
nals of France, of February 13. .
The following is from that of February tc;.
“ The Dire Son/ tr General Serutier.
%t \ ou have obtained, citizen geneial, a orize.
Bartering to your honourable fervices, in receiving
the capitulation of Mantua, and in taking polbcfli
on ol that important fortrefs. The Directory fc
licit aces itieU and you upon this event—an event
the trioft brilliant of any during a war which will
never be forgouen.
The articles of capitulation.do not appear.
February 14.
*r I\o foener bsd the courier arrived with the of
ficial news of the reduction of Mantua, than the
head of the bureaux cf the Directory held a council
upon ihe means of paying them part of the public
gratitude to the brave army of Italy.’*
ABSTRACT.
Authentic,, From Buonaparte's letter., dated at Fa-.
reii7.a, February 3.
From Trent the furious campaign againlt the
Pope commenced—the junction of General Mafsena
and ^ouberrwas effected. On the 1 ft of February
General Victor lodged at Imola, firit town in the
Papal Eltates The Papal forces cut the bridges on
the Sino, which were lined with cannon ; they were
attacked and defeated, with the lols of 14 cannon,
8 pair of colours, 1000 pritoners, having had 4 or
coo killed. The French lolt about-40 men.
The town of Faenza was the next object, whole
inhabitants lounded the toefin and prepared to de
fend themfelves, but a few dilcharges of our cannon
proved (ufiicient.
Sorly is alio taken by General'Victor, and he was
then on his march to Cezenue.
JR-.njeol, 2d February, nine at night.
“ Mantua is ours ; the cap'uulaliort isJigned. 'The gar
rifon are made prjoners till they are exchanged. after 'which
they are to return to /h-Jina. The citadel is to be taken
poJ.>]/ion of by ns this evening. T'wo Generals are to come
hither 'within an four, as foliages.
** Gen. Beaumont."
BREST, Jan 29.
The moft active preparations are making fora
fecond important maritime expedition. All the
relources of France, and Ihe has lufficiently proved
that the does not want relources, when Ihe wilbes
to conquer, will bedilplayed upon our lhores, in or
der to (hew the Engliib what fuperiority a power,
which has warriors, pofseises over one which ha«
only Jailors,
LONDON,
February to. Letters have been received from
Ireland, which represent the internal ftate of the
kingdom to be alarming.
If the French go to war with the Americans, their
(hips of war and privateers will, no doubt, commit
great deprecations upon the American trade j but
this in reality will he little more than prolecuring
rheir holtility againft England ; for molt, if not all,
the American cargoes are mltired in this country.
By letters from Paris, which have been received
in town along wiih the French papers, we learn,
that Mr. Pinckney, the American Minifter, applied
to the Directory for a tpecial protection. To this
rcquelt he received for anfwer, that being confider
cd as a fimpie individual, he could receive no other
protection than that which every other private citi
zen of America, or any other neuTral nation, was
entitled to ; ami this he might enjoy, fo long as he
chofe to make the republican territory the place of
his rtltdence. Upon this anfwer Mr. Pinckney in
timated his intention of quitting France, and of go
inrrtn rc!He at Am!ter<?am, until lie fhrnTtT (,now
th= plealure of his government as touches io.ur.
conduct. 1 e
By accounts received in town froir France we ,r.
informed, that Mr. Pinckney, itic American am! at'
iador at Paris, received orders on Fiiday laft jru
the Directory, to tjuit France immediately. ’
14. Mr.Pinckney, the American minif.
ter at r aris. having received orders to quit the ier.
ritorirS of the French Republic, has actually rah-a
bis departure accordingly. War between thele ttva
powers may t here
fere be confidered as inevitable,
February tc A?epurc was yefterdey in circuit.
depart was vefrerdr.v in
/V* ■ , V J 1 eUfU.
non, that an eft er of Jome rank in the French
fervice, had del'eried to this country, and brought
with him the plan of the intended invaiion of tha
conn try. The particulars of the plan were even li».
ted, and tbefe were faid to be, that a landing
to be attempted tn Ireland in two different place*,
while a defeent fhould be endeavoured in the Sobtfc
..nd North of England, and in Scotland. Thisi*
indeed, a grand defign on the„part or the French^
full of gloMous enierptize > but we have no douht
whatever of the a^not being made, hopHefs as jc
may appear *1 with the^tcioit
force the Frencb’toJipfflgWon^ft us, eirHe^ fc,
or land.
Vv'e are happy to fend that the meft. vigilant and
vigorous preparations are nr,.king by government
10 refill the meditated invrlh.n ol ihe French. Plans
are now forming for encampments on the fea coaP
and meanwhile, tbouid ry ho'cilj attempts h*
made, the comm a tiding efierrs of the di.T.f enr di'
tricts are furnished with ample inkructinns he*
! hey are to act.
Sir Hector Monroe, commanding a dihrief i?j
Scotland, has received orders tc repair io his com.
mand without delay.
In confequence of circular letters lent by the Duke
of Portland to different towns in'See*land, defiring
t t know how many forces could be accommodated
«n each town, a great alarr.; of danger has (pread
through that country 5 and the litters from tfcenra
are as full of apprtbenfioi.s as if the French were
actually on the coalt.
Copy of a letter written at Paris, hy )]y> reprefentatraje nf
the Profit <!fr'wrd Degtavi, to ha brother a*. Calais,
dated 2 1 Pltwiofe, Feb. q.
“ / announce tb'yau -my d-ar friend the Crzpr.:rcMax.
tua ; it has been communicated id by a gr-„r number nf
v:y colleagues, arid wejhciH immediately receive a txejsage
> rfpr \ in v it.
“ J bis important flare the bulwark of Italy, will
hops y facilitate the frognj's of the »ryj. atio/n if
Be rna rdde-Qt ewe
fet
u N IT E D S r AT E S.
_ N E WiY O R K, April 6
Captain Vvy»ef eft he Ihip Chelapeak, ofBaVimnr*,
in 58 days from 3ourcleaox. very police!) favour
td os with thefollowing information :
Mawrua furreiuleted to the French ;>n the. 14th
February, at loo’eloik at n.’gb:-*-the entire-gar rile a
nude prifoners of war. The aimy d‘*d not repute
tt Tyrol, bur purlued the enemy as far as St. Mi
chael, and made goo prifoners.
Cue coluinn entered the dominions of rbe Pope,
W’th unparalleled intrepidity, opened the baitenr*
with ba> oners charged, made upwards of tooo p'i
foners, behdes {tores, artillery, and immenie baj*
gage—killed 500, among which were many officer*
of rank.
Thus we find the army of France in Italy tobe
(o unprecedented in valour and fortune, as. in the
courle of hxf months, to have made :oo 000 prilcn
ers, the fineit and belt equipped of the emperor's
troops, taken 4.00 pieces of cannon, independent of
arms, ammunition, provifioos, and wealth to an irn
menfe amount.
The Pope, by his non-compliance with the ar
milt<ce conriuded the cd Meffidor, by Buonaparte,
the fame was considered in conlequence by the go
vernment ot France of no effect.
C.ipiain Wyie failed in company with the (hip
Federal George, Capt. Coleman, of Bolton, bound
to Spain ; and Cleopatra, of Philadelphia, Capr.
Smith, bound to Litbon, which left Bourdeaux in
great hurry, under great apprehenfions of an embar
go with himfelf. The velgels were arming rapidly
under a luppoled apprehcolion of a rupture wiiti
the United States. Mr. Pinckney, our late ambal
lidor, had been tammnned by the Directory to quit
the Republic; that he went on receipt thereof for
Holland ; that the American character was treated
in Paris w'nbperional dilrefpect.
Previous to the failing of the Chebpeake, Capt.
Wyle was iolicited for the pabage of iVlr. M >nroe,
who was to have left Paris about five days after Ids
departure, for Bourdeaux; butthe critical and very
prefling firuation of affiirs between the American
and French governments, would admit of no delay
on the part of Capt. Wyle.
-—
ALEXANDRIA, April 6.
Extract of a Letter dated at London, Februarv 9,
to a merchaur in this town.
“ Trade is itill very bad ; 1 think every day woHe
and wori'e—nor can I forefee anv amendment, till
peace is reltored. We are ferioufly afraid oi a vifit
from the French ; they have, as you probably know,
made an attempt on Ireland, whicn would have
been attended with mifehief, had not the expediti
on been fruitrated by ftormy weather. They now
threaten, and I fancy are preparing for an invaiiora
of England irielf, which I fincerelv hope may be
equally unlucceisfui, for they would be molt unwel
come vifiiors.**