The New Hampshire gazette (Portsmouth [N.H.]), 1795-09-15 00:00:00

THE New Hampshire Gazette.
Published by JOHN MELCHER, Printer to the State of New-Hampshire, at his Office, corner of Market-Street, Portsmouth.
Vol. xxxix.—Numb. 2025.]
TUESDAY, September 15, 1795.
[9f. pr. Annum.]
A STATEMENT
OF THE Cause of the M c Clary owners, &c.
[Continued from our last.]
IT further appeared from depositions of some of the most respectable characters in Massachusetts, that Elisha Doane, Esq. and his son Mr. Isaiah Doane, were always supposed to be very friendly to the American revolution and had exerted themselves to support it. Respecting Mr. Bourne's friendliness there was no evidence. Capt. Matthew Wood and Mr. Bourne were offered as witnesses by the claimants, (Mr. Bourne to qualify himself having assigned all his interest in the goods which he acknowledged to be his, to Mr. Isaiah Doane) but they were rejected by the court as interested.
Upon this evidence the cause was submitted to the jury who found, "the libel true and nothing for the claimants." It was therefore determined and adjudged by said court, "that the said vessel her cargo and appurtenances are forfeited, and deemed lawful prize, and the same are hereby ordered to be divided and distributed according to law."
From which sentence and decree of said court the said Elisha Doane, Isaiah Doane and James Shepherd prayed an appeal to the American Congress, which is refused them by the court, it being contrary to the laws of said State; whereupon the said claimants by their attorneys as aforesaid, severally pray an appeal to the next Superior Court of Judicature, for said county, on all the property by them severally claimed as aforesaid, which is granted by the court."
The appeal claimed to the American Congress by Doanes and Shepherd, was founded on the idea; that Congress was the supreme power of the United States; had the sole right of peace and war, and in consequence of that, as incident thereto, the right of determining, by themselves or their courts, in the last resort, questions of prize or no prize. That previous to any commissions being granted to privateers, for cruising against the British, they, November 25th 1775, had recommended to the several States, to pass laws, for encouraging the fitting out armed vessels for that purpose; and in their resolves, respecting this subject had said, "That in all cases, an appeal shall be allowed to the Congress, or such person or persons, as they shall appoint for the trial of appeals." That the commission for this privateer was signed by the President of Congress, and bond given by the commander to them.
It was rejected, upon the ground, that the several governments of the different American States had, while they were Provinces, been totally distinct and independent of each other. That their opposition, to the claims of Great-Britain, had been carried on in the same way. That the powers, of legislation and enforcing obedience, had resided in the several provincial governments. That for their convenience in opposing Great-Britain, and that it might be done with greater effect, Congress had been appointed by the several legislatures to consult upon, and advise measures, calculated for the general good. But that the power, of compliance or non-compliance, still rested with the several states. That although Congress claimed the right of appeal, the legislature of this State had refused it; unless in certain cases; and that this was one, in which they had denied it; and that Congress, with full knowledge of this refusal, had granted a commission to this privateer, to cruise under the laws of the State; and that this was a clear waiver of any right, which could be supposed to belong to them. But independent of general principles or arguments from fitness, the State had expressly pointed out the case, in which an appeal should be allowed to Congress; which was only, where "a vessel is taken by any armed vessel, fitted out at the charge of the united colonies." In all other cases "an appeal shall be allowed to the Superior Court of Judicature, which shall next be held in the county." A court therefore, appointed by the State, and acting under its laws, could not but refuse any allowance of appeal. It was accordingly rejected. An appeal was then claimed to the Superior Court of the State, which was granted, it having by its laws the final appellate jurisdiction.
The appeal was entered at the Superior Court, and in September term 1778, the cause came to trial. A variety of additional evidence was here introduced, particularly on the part of Doane and Shepherd. It was sworn by a number of persons, not admitted into the secrets of Doane's business, but neighbors or intimate acquaintance; that in their opinion, at the time of the commencement of the war with Great-Britain, Col. Elisha Doane had a large balance due him, in the hands of Messrs. Lane Son and Fraser in London.
John Grenough deposed, that he lived with Col. Elisha Doane, when he first opened a correspondence with the now house of Lane Son and Fraser, merchants in London; which was
about fourteen or fifteen years ago. That he then wrote for Col. Elisha Doane, and assisted him in business; and so continued for four or five years after; during which space, he knew, that Messrs. Lane Son and Fraser were continually in Col. Doane's debt; and in their annual account current, allowed him interest for large sums of money, which arose from remittances he made them. Since his engaging in business, separate from Col. Doane, and until the year 1775, he has been acquainted in some measure, with his correspondence with Lane Son and Fraser; and with the method of his doing business with them; and was in no doubt, but that annually their debt to Col. Doane increased. That, being in London afterwards in October 1775, Mr. Fraser, one of the house of Lane Son & Fraser, told him, that Col. Doane had a very large interest in their hands, that he asked Mr. Fraser, if a large quantity of whale-bone, which he understood, had been shipped them two or three years before by Col. Doane, was then on hand; he told him it was and not sold, as Col. Doane had limited them to a certain price. And from the whole of the conversation, he at several times had with said Fraser, he concluded, Col. Doane must have then had at least six or seven thousand pounds sterling in their hands, before the arrival of the brigantine Lufanna."
David Stoddard Grenough deposed that at the time of the sailing of the Lufanna, he lived with said Doane, and that the said merchants, Messrs. Lane Son and Fraser, were indebted to said Doane, as appeared by the accounts current sent him from time to time; and as said Doane had shipped them, considerable quantities of whale-bone some short time before the non-exportation to Great Britain took place, he had reason to think, that if said bone was sold, they were indebted to him a very considerable sum, much larger than ever before.
It also appeared, that except a part of the freight of the Lufanna, on her outward bound voyage, belonging to Melatiah Bourne; the whole cargo was put on board her as Doane's, and was on his account.
With respect to Shearjashub Bourne, it was deposed by Nathaniel Freeman, Esq. that he believed, the said Bourne was esteemed by all that knew him, as a friend to the interests of his country, 'till about a year before he signed the address to Governor Hutchinson, or a little more; and that he, Freeman, knew of no particular conduct of Bourne's that was inimical in the interim, except signing the said address; that on the 27th Sept. 1774, when the courts of law, in the county of Barnstable were stopped by the people assembled for that purpose; the said Bourne made and signed a declaration, that as he had signed an address to Governor Hutchinson, which had given great offence to the public; he did freely declare, that he was very sorry he had signed it; that he was sorry soon after he did it; and that if it was to do again, he should refuse it. And asked forgiveness of the offended public, and desired, that this declaration might be published in the Boston newspapers. This recantation was voted by the people assembled, to be satisfactory. It further appeared, that Bourne had pursued the profession of law, had never engaged in the business of merchandise ostensibly. And that it was the general opinion, in that quarter of the country, that he failed in the Lufanna for London, to take care of Doane's interest in England, and of the property freighted in the Lufanna, that he was not considered, as having fled to the enemy for refuge; as no attempt was made by committees, or others, to meddle with his estate, and that in his absence he was taxed as usual in Barnstable.
Matthew Wood, commander of the Lufanna among other circumstances, swears, that when she was seized at Halifax on her outward bound voyage, she was released on the condition; that the said Bourne should take a new register at Halifax, in his own name, and clear out the brig and cargo there, which he did, calling himself of Halifax, and the said Captain of Halifax. The said Captain observes, he would not deliver the old papers to Bourne, as he had nothing to do with the cargo, previous to the vessel's arriving in London; until Bourne had given him a full discharge from all damages. That this was done to cover the property of the vessel and cargo. It also appeared from a variety of depositions, that about that time, there were a number of instances of American Captains, in the British dominions, taking out registers in their own name, and calling themselves of the place, where they obtained their register; or of some other place, in the British dominions, not concerned in the revolution; and without swearing to them. Tho' two Captains swore they never knew a register taken out without its being sworn to. It was also sworn by some Captains, that upon their obtaining registers as aforesaid, they cleared out for some other port in possession of the British, on their voyage put into a port in possession of the Americans: the object being to return to America, without danger from British cruizers. Capt. Matthew Wood further swore, that before the brig was advertised for freight to the Mediterranean; the said Bourne told him, on the Change in London,
that he could have great wages for her, in the transport service; but said he would sink her, rather than the should go. And to the question, whether the said brig was to his (the Captain's) knowledge in the King's service, as a transport, he answered; no. And the Captain further said, that the whole voyages, and all the business respecting them, he expected finally to settle with Doane. And he always supposed the property of the vessel was in him the whole of the time. Tho' the cargo, on the voyage from London to Halifax, was not to his knowledge, nor did he suppose, it was to be delivered to any of the King's army or navy at Halifax, or intended for their use.
It was also deposed by a number of persons; that they were at Halifax, sometime during the war, and were well acquainted with Messrs. Cochrans; to whom a large part of the Lufanna's cargo was consigned, in her voyage, in which she was captured. And that they were not at that time, to their knowledge, agent victuallers for the army of the King or his navy, or in any manner concerned in supplying them; but that other persons, naming them, were—that the Messrs. Cochrans had always treated the American prisoners with kindness; and that they imported provisions, &c. for sale to the inhabitants. Tho' one Captain who was in Halifax, from December 1776 to June 1777, deposed, "that he was well acquainted with Messrs. Thomas and James Cochran, merchants in Halifax; that they supplied the King's troops with provisions, that they had several vessels in the transport service, fetching coals and provisions;" and that they also supplied the inhabitants with provisions. With respect to Capt. James Shepherd, it appeared, that he failed from America, in 1775, in a ship belonging to Mr. William Dennie of Boston, for South Carolina and Russia; that on his return, he put into Halifax, when it does not appear, but prior to May 23d, 1776 (Boston, "and all the New England ports being then shut up," as Dennie in his deposition expresses it) that his vessel was there seized, and condemned by the British; that he appealed to Great Britain, and went there to prosecute his appeal. That he took passage in the Lufanna, in her voyage from London to Halifax; but was at the time of her departure, unable by sickness, to proceed in her; that the articles shipped on board her by him, although he did not go himself, were sent. And that he appeared to be friendly to the cause of America. Upon this evidence, with what had been offered to the court below, the cause was committed to a Jury, who gave a verdict. "That they find the facts as set forth in the libel true, and the goods forfeited to the libellants." The court accordingly rendered judgment, that "it is considered and determined, that the said brigantine Lufanna, with the goods claimed by Elisha Doane, Isaiah Doane and James Shepherd, are forfeited to the libellants; and the same are ordered to be sold, at public vendue, by the sheriff of the county of Rockingham, for their use and benefit, and that the proceeds thereof, after deducting the charges of trial, amounting to the sum of _____ and of sale, be paid to John Penhallow and Jacob Treadwell, agents for the owners of said armed vessel, and to George Wentworth agent for the captors, to be by said agents, paid and distributed, according to the law of this State in that case made and provided."
It may be necessary to observe, that a part of the cargo being consigned to different persons at Halifax, and not claimed at the lower court, was there condemned. And no appeal being taken therefrom, its decision respecting it was final.
After judgment was rendered in the Superior Court, an appeal was again claimed by Doanes and Shepherd, to the American Congress, upon the same ground as below; and rejected. As by the law of the State, the Superior Court had the final appellate jurisdiction, in all maritime causes, except in one instance.
It will here readily occur, that the Judges of the Superior Court, constituted by the laws of the State, under oath bound to adhere to them, whatever their views of the fitness or propriety of Congress, or a court constituted by them, being the final judges in prize causes might be, could not but refuse the appeal claimed by Messrs. Doanes and Shepherd, as the law of the State was clear, that no appeal should be granted. The consequences to the individuals concerned on either side, could not enter into their judgment; whether it foreboded ruin or riches to either party, the law of the State had confined them; and they could not without breach of their oaths suffer the appeal.
On the 9th October 1778, Elisha Doane presented a petition to Congress, "praying that he might be allowed an appeal to Congress;" which was referred to the committee on appeals, who by the resolve appointing them a standing committee, were "to hear and determine upon appeals, brought against sentences passed on libels, in the courts of admiralty in the respective States, agreeable to the resolve of Congress."
This committee issued a notice for the par-
ties to appear before them, they appeared and the counsel for the owners of the M c Clary put in a plea to their jurisdiction, which was argued by the counsel; and on 26th June 1779, this plea was overruled. The court giving their opinion, "that by the resolutions of Congress, of the 25th November 1775, which have since been explained and confirmed, by certain other resolutions of the 6th of March last, they have jurisdiction of this cause: but as the law of New-Hampshire militates with said resolves, and those last mentioned have been transmitted to said State; the court declines any further proceedings in the premises, until they are advised, of the result of the deliberations of said State respecting the resolves aforesaid."
In January 1780, the committee or commissioners of appeals were discharged; and a court of appeals in cases of capture was established, who, by their commission, were "to hear, try and determine all appeals from the courts of admiralty in the States respectively, in cases of capture, which now are, or hereafter may be duly entered and made in any of the said States." And, on the 24th May 1780, Congress resolved, "that all matters respecting appeals, in cases of capture, now depending before Congress, or the commissioners of appeals, consisting of members of Congress, be referred to the newly erected court of appeals, to be there adjudged and determined according to law; and that all papers touching appeals, in cases of capture, lodged in the office of the Secretary of Congress, be delivered to and lodged with the register of the court of appeals" this cause was accordingly brought forward in the court of appeals, and without giving new notice to the parties, in September 1783 was tried. It having rested, from the time of the decision of the committee of appeals in 1779, that they had jurisdiction, to that time. The M c Clary owners did not know of its being intended for trial, until it was too late for them to appear, with instructions to their counsel. Their counsel however, who had been employed before the committee of appeals, again pleaded to the jurisdiction, or insisted again upon the plea, which had originally been given in before the committee; and with the same success. As this new court of appeals determined they had jurisdiction, and proceeded to the trial of the merits; and did finally adjudge and decree; that "the sentences or decrees passed by the Inferior and Superior Courts of Judicature of New-Hampshire, so far as the same respected Elisha Doane, Isaiah Doane and James Shepherd, should be revoked, reversed and annulled; and that the property specified in their claims should be restored."
Thus existed two contradictory final decrees respecting the same subject. The decree of the Superior Court of New-Hampshire, final by their laws, that the M c Clary owners should retain the property of the Lufanna, and the part of the cargo claimed by Doanes and Shepherd. And the decree of the court of appeals, final by the resolves of Congress, that it should be restored. And the question was now almost reduced solely to this: which jurisdiction, in the various chances of revolution of government and constitution, should prevail over the other? New-Hampshire laws had guaranteed it to the owners of the M c Clary. Congressional determinations, or rather their courts, had endeavoured to nullify this guarantee. It was a conflict, dreadful to the individuals, who had to bear the expenditures, necessary to ascertain whether the federal government, or the state governments should finally prevail. And possibly, in this strange changing state of things, of which we see such strong instances in the old world; state jurisdiction may in a shorter term than from 1783 to 1795 be again placed upon a footing, which cannot be altered, without a revolution of a similar course of years.
Immediately upon the determination of the court of appeals, the owners of the M c Clary presented a memorial to the legislature of New-Hampshire; stating the circumstance, that their laws were adjudged and decreed to be of no force, by a court erected by Congress. The legislature in consequence resolved, that a memorial and remonstrance should be presented to Congress on this subject. In this remonstrance they say "that the proceedings and decree of the court of appeals, against the memorialists, is derogatory to the dignity and independence of this State. That by the maritime laws of the State, "no appeal in this case could be allowed to Congress or any court by them appointed, prior to the confederation; which was ratified long after the definitive sentence of our Supreme Judicial Court; by which the property claimed was condemned and distributed: that the legislature were sensible, Congress in 1775 passed a resolve, recommending that appeals in all maritime causes might finally be made to them, or such persons as Congress might appoint for the hearing and decision thereof; and many States in the Union adopted the measure recommended. While this, and some other States, conceiving the rule too general, only adopted it in certain cases, That this State in consequence of a re-

commendation of Congress, early erected maritime courts for the trial of all captures by jury; which mode of decision, in such causes, has been sacredly adhered to since: and no appeal from the definitive sentence of our courts to Congress, has ever been granted, but only in such cases as the laws of this State expressly direct. The States in general, at the early period of the resolve respecting appeals, conceived a compliance with the resolves of Congress to be optional, not having the force of law in any individual State; 'till the same had received the sanction of the legislature of that State. The important applications of Congress, from time to time, to the respective legislatures in the union, prior to the confederation, on the subject of maritime and other affairs, confirmed this opinion. As the permanent laws of the State forbid appeals to Congress, in the case mentioned in the memorial, it must be taken for granted, that no power was ever delegated by the State, to its members in Congress, to repeal the municipal laws thereof. That tho' it is expressly stipulated by the federal union, that the final appellant jurisdiction, in maritime causes, should be vested in the courts by Congress appointed; this only proves that this court might constitutionally exercise such jurisdiction in future; but is no evidence of their right to it, antecedent to that period, but of the contrary; that the confederation guarantees to each State in the union, all the rights of sovereign and independent States, not expressly given to Congress thereby; and that compact does not expressly give the right of final appellant jurisdiction, in the cause, where they arrogated to themselves such a power."
Upon this remonstrance being presented to Congress, a committee was appointed thereon, namely, Mr. Ellery, Mr. Hand, Mr. Spaight, Mr. Jefferson and Mr. Lee; who reported, "that the said capture, having been made by citizens of New-Hampshire, carried into and submitted to the jurisdiction of that State, before the confederation, while appeals to Congress in such cases were absolutely refused by their legislature; neither Congress nor any persons deriving authority from them, had jurisdiction in the said case." On which report, the States of New-Hampshire, Rhode-Island, Connecticut, New-Jersey, Pennsylvania and North Carolina, voted to agree to the resolution reported. Massachusetts and Maryland against it; New-York and Virginia were divided. So the question for agreeing to the resolve reported by the committee was lost.
A private story of Congressional history is here related, that by the accidental indisposition of one of the Virginia delegation, the question was lost. Had he, as he was urgent for agreeing to the report of the committee, and in fact was one of them, been present, the question of jurisdiction would perhaps have ever in future been still; as his vote would have completed seven States in favour of it.
Doane, or rather the administrators of the estate of Doane, in June 1784, commenced an action of trover, founded on the judgment of the court of appeals for restoration, in the county of Suffolk, Commonwealth of Massachusetts, which was appealed to the Supreme Judicial Court. Where in February 1786, on the trial of the cause, the decree of the court of appeals was offered in evidence to prove the property in the plaintiffs, objection was made to its going in evidence; when the question of jurisdiction was fully and at large discussed; and the court consisting of Judges Cushing, Sergeant, and Sewall, were of opinion; that the court of appeals had no jurisdiction of the cause, and that the sentence of the Superior Court of New-Hampshire was final, and refused to admit it in evidence. In consequence of which the administrators of Doane discontinued the suit.
Defeated in two States, and upheld only by the courts of Congress, who did not possess the power of carrying into execution their decree; the administrators of Doane's estate did not entirely quit the field; but again in March 1786, brought an action against the owners of the M c Clary in Pennsylvania; having found a brigantine there, belonging to one of them, which they attached. In September 1787, the cause was decided against the administrators of Doane's estate; upon the principle, it is said, that a common law court could not carry into effect by way of damages, the decree of a court of admiralty.
Mr. Bourne, the agent for the administrators, from thenceforth determined, no more to apply to State courts to try his cause; they had decided uniformly in favor of State jurisdiction, whenever that was the question before them. As the courts of Congress had as uniformly decreed, that they had jurisdiction. And of all the circumstances we meet with in courts of law, there is none so ludicrous; if such a term is legal when speaking of them, as this, of a court deciding whether they have jurisdiction. They always have, and we trust, they always will determine, that they have. From the disputes between the chancery and the common law courts in Cokes day, to the time of the M c Clary cause, Judges have been astuti , "ampliare jurisdictionem," and it is acting the part of a good Judge."
During the fever, occasioned by the proposal of the new federal constitution, Mr. Bourne kept still: questions of this kind were too unfavorable and too closely connected with its adoption to be then agitated.
After the adoption of the federal constitution, a considerable time elapsed, before courts of law could be organized, and laws passed, so minute, and particular as to include this case. The court of appeals and all its officers were dead. On May 8th, 1792, its records were ordered to be deposited in the office of the clerk of the Supreme Court of the United States; who was thereby authorized and directed, to give
copies of all such records and proceedings, to any person requiring the same, which copies should have like faith and credit, as all other proceedings of the Supreme Court of the United States. And as if this case was always in view, and always an object of effort, it was enacted; where the Judge of a District Court has been in that council for either party, (which was the fact of this cause,) it shall be his duty, to cause the fact to be entered on the minutes of the court; and to certify an authenticated copy of the case to the next Circuit Court for such district; who shall take cognizance thereof, in like manner, as if it had been originally commenced in that court. In pursuance of this law, on the 22d May 1792, fourteen days after it was passed, the administrators of Eliza Doane, exhibited a libel in the District Court for New-Hampshire, which was removed to the Circuit Court. In this libel, they pray process against the respondents, John Penhallow, Joshua Wentworth, Ammi Ruhama Cutter, Nathaniel Folsom, Samuel Sherburne, Thomas Martin, Moses Woodward, Neal M c Intire, George Turner, Richard Champney and Robert Farnes. (Four of the owners are not here enumerated. Daniel Sherburne, Jacob Treadwell, and Thomas Dalling; who were dead. And Keith Spence, who was in a foreign country.) Owners of the M c Clary privateer; and George Wentworth agent for the captors, to shew cause, "why they ought not to make answer to your libellants, according to the resolutions of the honorable the Continental Congress, the laws maritime, and of the United States, and the laws, customs and usages of nations; and that right and justice may be done in the premises, and also shew cause, why the decree of the court of appeals aforesaid should not be carried into execution."
[To be continued.]
Foreign Intelligence.
NATIONAL CONVENTION, 16 MESSIDOR, July 4.
DOUCLET Pontecoulant, informed the Convention, of a letter received from Chiappe, the Representative of the People, with the army in Italy, dated
"Haa-Quarters at Pinhal, 8th Messidor."
WE informed you yesterday, of the victories of the 2d, 4th and 6th; at present we are enabled to communicate to you an account of that of the 7th. Our army yesterday morning had been attacked by 30,000 of the enemy; they had a success which cost them dear. The engagement lasted seven hours, after which our troops repulsed the enemy to a great distance, and killed 3,000 of them; they took three important posts. Our loss was but inconsiderable; we had 70 men killed or wounded. All the reports which we receive, announce that our troops are in the best position possible. The beginning of the month Prairial, has cost the enemy 4,000 men. The Austrians threaten us with a new attack, but we are prepared to receive them in the same manner."
AMSTERDAM, June 18.
Admiral Vanable is fitting out a fleet of twelve sail of the line, and eighteen frigates, to act in concert with the French; but the equipment proceeds with true Dutch tardiness.
LONDON, June 28.
Yesterday during his Majesty's passage to and from the House of Lords, the populace, by hisses and hooting, expressed their disapprobation at the continuance of the war, and the administration of Mr. Pitt—"Turn him out"—"No War"—"No Pitt"—were echoed and reechoed from all quarters; while the gloom of sullen displeasure diffused the brow of his Majesty.
JULY 4. Yesterday Mr. Sylvester, a messenger from Mr. Wickman, his Majesty's Minister at Balle, arrived at the Secretary of State's office, with dispatches. A mail arrived soon after, with letters from that place, of the 24th inst.
No offensive operations have taken place on this side of the Rhine; but the French and Austrian armies are in sight of each other on the opposite banks. The French shew a strong disposition to cross that river. It is said that Gen. Clairfait is preparing to move with the main body of his forces towards the Brisgau, intending to leave Mentz to the sole defence of the army of the empire. We think this movement is extremely probable.
Yesterday detachments from the 7th, 14th 15th and 16th light dragoons embarked at Mr. Perry's Dock, Blackwall, on a secret expedition. They were in all about 600 men. Each detachment had a greater number of horses than men. They are to rendezvous at Sheerness, and there wait for some transports with heavy cavalry which are coming round from the North. It is supposed their destination is for France.
HAGUE, June 15.
The States General have enjoined citizen Van Haesten, their ambassador to the Court of Vienna, to notify to the Austrian Cabinet, the Treaty of Alliance concluded with the French Republic, and to render to the said Cabinet its good offices with that Republic to hasten a peace between the two powers.
In case the mediation of Holland should not be accepted, Citizen Van Haesten is charged to declare that, by the Treaty, the Republic of the United Provinces has engaged itself to consider as its own particular enemies, all the enemies of the French Republic; and after having made this declaration, he has orders to quit the Capital of Austria, without taking leave.
NUREMBERG, June 5.
A report which merits great attention, is cir-
culated here, namely that Denmark and Sweden have remitted to the Court of Vienna a note, containing a protest against the conduct of the Empress of Russia towards Poland, and a formal demand, that the Emperor will employ his good offices to preserve to Poland its political existence.
SALISBURY, June 29.
Accounts received yesterday from Madrid mention, that thirty millions of reals had been embarked at Cadiz for London, from whence it was inferred that the Union between the Spanish and British Courts was closer than before. The dread of an immediate attack was so great at Pampeluna, that all the houses, convents, &c. in the suburbs were levelled, to prevent any shelter being afforded to the enemy.
WILMINGTON, (N. C.) August 14.
Accounts from the town and neighbourhood of Newbern, give the most distressing particulars of the late heavy gale of wind—The crops of corn, &c. are almost universally destroyed—the town of Newbern has had upwards of seventy houses blown down or materially injured—a number of vessels were driven on shore, and three which were on the stocks were blown off.
A few days since, some negroes who were digging a landhill on the plantation of Major Walker, about three quarters of a mile from town, discovered a number of bones and two teeth of a most extraordinary size; the teeth measure fifteen inches in circumference—they were found twelve feet below the surface.
Whether or not these are the bones of the Mammoth, mentioned by Mr. Jefferson in his Notes on Virginia, we are yet to learn. All events it is likely to throw additional light on the natural history of this country. It will also remove an erroneous opinion which has for some time prevailed, namely, that bones of such magnitude were not to be found on this continent so near the ocean.
NORFOLK, August 21.
Accounts are received of the Brig Sisters, Capt. Davis from Guernsey, bound to Peterburg, on James River, that on the second of August, at 6 o'clock in the morning, made the land about Curratuck to the southward of Cape Henry, the gale came on blowing very hard, at E. S. E. varying a little to the southward, and thick rainy weather, which prevented us from running in for Cape Henry, and thought it most advisable to try to get from the land, carrying double reef topsails, and courses, until we thought the brig would upset, running a very heavy sea, at last our topsails gave way; which brought us under our fore sail and close reef fore sail, making a great deal of leeway, and a very heavy sea setting in, we lay off N. E. and N. E. to East; at half past 9 o'clock at night, by sounding, we found we were getting near land, and in a short time, the sea broke all over us, as high as the topmast head, at 10 o'clock we struck on the bar, immediately put the helm up in order to get her before the wind, which we did, and in half an hour, we beat her over the bar, and got into deep water, the sea smoother, we let go our anchors, and cut away our mainmast, in order to make the vessel ride easy; the brig making no water, the night very dark; in the morning we found ourselves to be in the mouth of Chincoteague inlet, we have met with no other loss, only of our mainmast, foretopmast, and rigging, no damage done to the hull.
AUGUST 24.
Yesterday arrived in Hampton Road the ship Victory, Capt. Loud, 40 days from Bourdeaux. By Capt. Loud we learn, that the project of a new constitution was presented to the Convention at the sitting of 5th Messidor, 23d June—Capt. L. brought no papers, but says there was nothing new from the armies. Respecting the late engagement he gives the following account: That a small fleet of Merchantmen, loaded with wine, left Bourdeaux bound to Brest. Off Brest they fell in with an English fleet of seven sail of the line and several frigates, who captured several of them, the rest made their escape into L'Orient. On the arrival of the news at Brest, 14 sail of the line put to sea in pursuit of them, the day after the capture of the merchantmen, the English fleet took a Danish vessel bound to Bourdeaux, whom one of the frigates had in tow when the French fleet hove in sight. Finding an engagement unavoidable, they cut loose the Dane, shortly after the action commenced. The Dane arrived at Brest, and gave in his disposition, stating that he saw several of the English ships strike their colours, and that before he lost sight of them entirely—there were no other flags flying but the French.
From a correspondent.
A friend to the citizens of Norfolk begs leave to observe, that the mortality among the inhabitants, & entirely owing to doctors being applied to, who are unacquainted with the human system; would it not be advisable to send (before they are in a dying state) only for the good doctors who lose not a single patient, and in no instance to call in those who arrest the operation of their medicines and kill the people, by bleeding and purgng. By an attention to this advice, every life would be saved, and in a few years the population of our town be immense.
WINCHESTER, August 24.
Last Monday a gentleman passed through this town from Gen. Wayne's Head Quarters. He informs, that deputations from all the tribes of hostile Indians had arrived at Greenville, and that the treaty commenced on the 22d ult.
PITTSBURGH, August 22. Extract of a letter from Presqu'isle, dated August 6, 1795.
"The garrison about to be erected by the United States, will be upon a very commanding spot, just opposite the entrance of the bay. The town commences thirty yards west of the old British fort, leaving a vacancy of 600 yards, which will serve for a military parade and public walk, and add much to the beauty of the place—All hands are now busily employed in cutting out villoes—The troops are also hard at work, cutting picquets, hewing logs for block-houses, and other necessary buildings—The town will extend nearly three miles along the lake, by one mile back—The labor is immense to lay it and so many out lots off."
NEWPORT, Sept. 4.
"Last Tuesday morning, there being a heavy sea out-side the harbor and a thick fog, the Africa ran in and anchored near the Ferry, at Narragansett, which the Captain of the Medusa discovering, he sent on shore immediately for a pilot, and for all hands to come on board; she got under way about 11 o'clock, the wind being S. W. he beat out in the fog; as soon as Capt. Home found it out, he weighed anchor and beat out after her; the Medusa however had two hours the start of her, and was at least 15 miles a-head when the A. passed Brenton's Reef—so there is no danger of her coming up with the Medusa. The Africa left her pursuer behind. Thus ends Captain Home's blockade, during which he has fired at, stopped and searched Captain Bliss' packet-boat, pressed three men from Capt. Tillinghast, wrote an insulting letter to the Governor, &c."
SEPTEMBER 7.
"The Africa has returned to her old mooring; when she passed the Light-house the Medusa had 2 hours the start of her; and a thick mist arising, the "toiled all night and caught nothing."
BALTIMORE, August 29.
We have a report here that the English squadron, going into the Mediterranean, consisting of seven ships of the line and some frigates, have met with 12 sail of Republicans, and have fallen mostly into their hands, between Cape Finistere and Ulbant: This report carries the air of truth.
CHARLESTON, August 24.
Capt. Campbell, of the schooner Patuxent, from Gonaives, who arrived on Friday last, has given us the following particulars.
Early in July last, a large Bermudian-built sloop, mounting 14 guns, in the service of the French Republic, called the General Valette, off the south side of Cuba, attacked a Ship belonging to the Spanish navy, mounting 22 guns. After fighting desperately for some time, the French Captain laid his sloop along side of the ship, in order to board her: The Spaniards resisted obstinately for some time, until their Captain, finding, as was supposed, that he should otherwise be taken, ordered his magazine to be fired, which was accordingly done, and the ship blew up; the sloop's bowsprit was between the fore and main masts of the ship, and was blown off. The Spanish crew perished, except twelve, who were brought into Gonaives by the sloop. Two inland towns in Hispaniola, have lately been taken by the French; one of them called Marabelley, under the English government, but garrisoned by French aristocrats, capitulated; the other, the name of which Capt. Campbell does not recollect, belonging to the Spaniards was carried by storm, and 600 men made prisoners.
It was generally believed at Gonaives, that St. Marks would shortly be evacuated by the English; the fever that had prevailed for some time in the West-Indies, had carried off a great number of the inhabitants, and of the garrison; it was called the grave of St. Domingo.
PHILADELPHIA, August 29.
The following letter was sent by the French prisoners at Liverpool, to the Consul of the United States, resident there, accompanied by an ingenious and elegant model of a Man of War carrying 120 guns, under the united colours of the French, Dutch, and American Republics.
"Mr. JAMES MAURY, Consul of the United States of America.
"SIR, "CHOSEN by my countrymen, the French prisoners of war, to express to you our thanks, and also particularly to the American Captains, whose liberality to us, deserves our gratitude, I desire you will be the interpreter of our feelings to them. Remembering that as we shared dangers with the citizens of America, and gloried in fighting for the establishment of their liberty, we could not suppose that they would be indifferent to the unhappy victims of a war, whose sole aim is to establish the liberty of France. Though at present unhappily situated, we are true to our country, and shall yet enjoy a day of liberty. When that day arrives, and we are at our own homes, we will relate what thanks we owe to free Americans. Then shall we express to them every day our gratitude, and use as brethren those who relieved us when unhappy.—We hope you will receive the Man of War which accompanies this, as a pledge of our gratitude.—We hope you will enjoy for a long time that happiness which your virtues and kindness deserves. We shall, in our misfortunes, never be ungrateful, but always be with brotherly affection."
"For the French prisoners of war, H. GASPARD." Prison of Liverpool, 29th Prairial, 3d year of the Republic one and indivisible.

MR. MELCHER,
IT is of importance to the public to be informed of the real causes that occasioned the late tumults in the town of Portsmouth; the proceedings at the town meeting on the subject of the treaty, the inflammatory handbills that preceded it, were events that laid the foundation of the disturbances. Every man of candour must acknowledge, that the appearances were such, just before the late meeting, as to render it unsafe for any one who approved of the doings of the Senate, or relied on the wisdom of our government in such cases, openly to avow his sentiments at the meeting. The paper called the Crisis, was publicly posted up at the corners the day before, informing the people that the "Senate had bargained away their blood bought privileges, requesting them to shut up their shops, and assemble at the sound of the bells." The threats that were given out, the effigies that were preparing, all clearly evinced that the public mind was heated to a high degree by artful designing men; it became therefore an act of prudence in the friends to the constituted authorities, to absent themselves from such a meeting, to wait for a more convenient time, when a cool, calm, rational temper should have taken place of the high toned inflammatory one that then prevailed.
It is not intended to criminate all the inhabitants who attended the meeting, or to reflect on them for condemning a proposed treaty, which it is presumed many of them had never seen or read; but the evil consequences that have resulted, must lay at the door of those designing men, who, as enemies to our worthy President, and to the federal government, have poisoned the minds of well meaning men, with false tales of bribery, and corruption of British agents, and British gold, and with the old hackneyed cant of whig and tory.
As soon as it appeared to be the design of individuals in larger seaport towns, to make their sentiments known by an address to the President, then it was considered to be proper time to bring forward a similar measure in Portsmouth. This was in forwardness before it was known what steps the President had taken with respect to the treaty. Among others it was a strong motive with the friends to the address, to persist in their first design, that they knew misrepresentations had been often made abroad, that the inhabitants of Portsmouth all disapproved of the measures of government, with respect to foreign powers. No letter was ever received from the gentleman who was so illeberally abused in the last Oracle; this wanton attack on a man of the most amiable character, is one among many of the base arts of the disorganizers, to calumniate the most deserving men among us, when it will serve their malevolent and factious purposes.
A large number of signers to an address was never expected, the commerce of the town is on a small scale, the merchants are few. Some well wishers to the address have been intimidated by threats; thirty-nine had signed it when the late riot took place. The open leaders of the mob fixed on their day to execute their villainous purposes, and then with an effrontery not outdone by any satellitie of Robespierre, demanded an address directed to the President of the United States to be delivered up to them; this notwithstanding their threats was not complied with. Their numbers were increased, the drum & fife were sent for and employed; the crier was sent about the town to request the people to collect at sunset, on Mr. Warner's wharf, where two effigies were to be burnt or gibetted. Late in the afternoon a large body of people paraded up and down the streets with the effigies of our late Envoy, and one of the Senators of the State, in a cart, which afterwards they burnt at the time and place fixed on. In the evening they paraded the streets 'till between nine and ten o'clock, stopping at the houses of those who had signed the address—using the most abusive language, and throwing stones into the houses of two or three persons. Many of those who had excited the ferment were not to be found with them in the night, when the mischief was expected to be done.
TRUTH.
PHILADELPHIA, Sept. 2.
Several Frenchmen are arrived in town from France, via Baltimore.—We learn that they left Bourdeaux the 15th July, and have brought Dispatches to the French Minister, dated at Paris the 10th. All was quiet in France at the time of their departure.
NEW-YORK, Sept. 3.
Extract of a letter from a gentleman in Tobago, dated the 19th July, to his Correspondent in Baltimore.
"About the 1st inst. a large fleet of West Indianmen, were met by some French Frigates about 100 leagues to the Eastward of Barbadoes; 15 sail of them were captured with about 500 troops on board and carried to Guadaloupe, which gave the French a fine supply of provisions. The British had nearly overcome the insurgents (as they call them) in St. Vincent's, but the French landed on the 6th inst. 250 men from St. Lucia, which has put the colony in as great confusion as ever; with the loss of a great number of the inhabitants.
"St. Lucia is entirely evacuated by the British troops and the French in complete possession. They took the fort with much fewer numbers than were in the inside, but took few prisoners, as most of them made their escape in boats to the English men of war. About 2500 troops are arrived at Martinique, who were destined for St. Domingo, but they will most likely remain to the windward. Such boys were never seen before in the West Indies, numbers of
their Capt's are not above 16 years of age. Grenada remains in the same situation.
SEPTEMBER 4.
The Governor of Pennsylvania has issued his proclamation, prohibiting all intercourse by land or water, with New-York and Norfolk, for the space of one month, or until the order shall be revoked, under the penalty of 300 dollars.
The prohibition of intercourse between this city and Philadelphia is a proceeding very singular and deserves severe animadversion. It is a measure, that, to say the least, wears the aspect of a most unfriendly disposition; as it naturally tends to create unnecessary fears abroad, which may occasion an order for our vessels to perform quarantine in foreign ports, to the great injury of our trade.
It seems the board of health in Philadelphia, reported to the Gov. the existence of a contagious disease in this city, on the authority of private letters, without ever writing to our health committee for a state of facts. This is a most extraordinary proceeding, when the reports of our committee, have repeatedly informed the public, that the epidemic now prevailing exhibits no decisive evidence of a specific contagion. Scarcely in an instance, has an attendant on the sick taken the disease. This fact was known to the board of health, and the Gov. of Pennsylvania, and yet the world is to be alarmed for the safety of Philadelphia, when the disease has not proved contagious enough to occasion any general alarm in New-York.
Extract of a letter from Newburn, (N. C.) to a merchant in this city, dated August 4, 1795.
A most tremendous gale came on from the north-east on Saturday night, and about south-east on Sunday morning, which lasted until 2 o'clock, P. M. during which time, all the vessels were entirely cast away or upset and sunk; you have heard of a severe gale in Carolina, in the year 1769, but this was worse. Your brig Adventure lies in the woods a mile from the water; the snow Betsey lies in the marshes, these two with a brig from Boston, and a sloop of Capt. Butler's, will be lost—about 12 sail will be able to get off. All the wharves in the harbour are torn up and ruined. All the lumber is dispersed to 3 miles in the country. Edward Tinker's, Stephen Tinker's, Eclis Derraur's, and Wilson Blunt's ware-houses, and all the ware-houses of the estate of Singleton are gone:—The damage on this occasion is supposed to be more than that of all the three fires together. All the houses of the country wharf on Stewart's side, and all the others until Coles's are gone. M. Kinlay is the greatest sufferer.—Your store and ware-house is standing.
The largest trees are torn up by the roots. The worst is, that all the corn in the country, and all the hogs have been destroyed. Your snow lies in Brigan's corn field opposite his house. The water has been above 15 feet perpendicular of the low water mark.
The country looses all its crop—there will not be sufficient corn for its consumption—all the fruit trees, or at least the fruit is blown down by the wind.
BOSTON, Sept. 4.
Extract of a letter from Capt. Curtis, of the sloop Sukey, of this place, dated Wilmington, N. C. August 5.
"I crossed over Lookout Shoals, July 31, with a fine breeze of wind at E. S. E. in company with a sloop belonging to Rochester, from New-York, bound to Wilmington; and then intending for Boston. The Captain being acquainted with the New Inlet, we ran for that. At 11 o'clock at night I judged myself about 10 miles from land; and hove too until 4 o'clock in the morning when the wind was at E. and blowing very hard with thick weather. I made sail and endeavored to weather the shoals; at 10 o'clock, A. M. wore ship to the Northward—the gale still increasing. Being in a light set of ballast, I shifted it twice. At half past 6, I was completely upset; my sails lying flat in the water—then about two miles from the land. Thro' God's blessing we again righted and got before the wind—and finding it impossible to keep off, thought it was best to run on shore to save our lives, which we did. The sloop, however, will be got off, with some expence. The other sloop being in a good set of ballast, weathered the shoals and arrived safe—though with the loss of her masts, sails, and rigging."
SEPTEMBER 10.
Extract of a letter from a gentleman belonging to this town, to his friends here, dated Paris, 25th June.
"I know not how the present capture of all our ships from America by the English, will be relished with you, we who are here, think that a rupture with that haughty nation will be the immediate consequence. It is expected that the new constitution of this country will soon take place."
Extract of a letter from a gentleman in New-York to his friend in this place, dated 7th inst.
"You will hear much of the mortality which is said to prevail in this City; and you will no doubt see the Proclamation of the Governor of Pennsylvania, interdicting all intercourse between the city of Philadelphia and this. All these circumstances may, and must alarm people at a distance for our safety; but do not be concerned; for I pledge myself to you, that this City was never in a more healthy state than it now is and has been all summer, except some cases of a putrid and bilious fever, which to be sure, has been mortal in many instances; but I believe that the whole number which have died of this disease does not amount to 60
persons in six weeks, out of a City containing near sixty thousand inhabitants."
Extract of a letter from Cow-Ford, St. John's River, dated July 12, 1795.
"I have but just time to inform you, that on Thursday night, the 9th instant, the French in Florida, crossed St. John's river, a little below the Cow-Ford. The night was far advanced in crossing the men, 50 in number, under the command of Capt. Richard Lang. On their arrival on this side, they took three Spanish militia officers prisoners, of the following rank and names, viz. Capt. Holansworth, lieutenant Summerlin, and ensign Hogan together with a small militia guard.
"The day approaching very fast, they with all possible speed marched for the battery of St. Nicholas, alias Cow-Ford, containing two eighteen pounders; and, without hesitation, proceeded to storm it. The conflict was short; the Spaniards had two men killed, and one wounded, who has since died of his wounds; twenty-eight taken prisoners, together with commandant Ignacio Lopez, and about one hundred stand of arms, and a plenty of provisions and stores.
"The subsequent morning, they attacked the king's launch, and after an engagement of half an hour she struck; they took prisoners on board, Capt. Don Manuel, and seventeen seamen—her Prow contained a twenty-four pounder, a number of swivels, plenty of ammunition, a quantity of rum, pork, beef, bread, &c.
"Saturday a party of twenty men was ordered to go and attack Noleses battery; however on their approach, the Spaniards discovered them and before our men could get over, the Pittsburg ferry, that intercepted their march, the Spaniards spiked their cannon and fled, leaving their arms and every thing behind them.
"There is lying in this port a British 20 gun frigate, a small schooner of 10 guns, and a Spanish galley; and the republicans were apprehensive of being attacked by them should they discover their numbers. The Spanish Inhabitants are joining them hourly—but they are much in want of men to man the battery and galley, and are quite inexperienced in gunnery. The Militia officers have generally given themselves up and received paroles. The express is just going off to General Clarke, by whom I send this."
We learn from good authority, That Mr. Randolph was at Newport, and conversed with Mr. Fauchet. He spent with that gentleman, the whole of the evening previous to his sailing for France, and was to have had an interview with him the next day, but the wind being unexpectedly favourable to the departure of the Medusa, prevented it: He however sent a verbal message to Mr. Randolph, apologizing for the impossibility of his seeing him that day; but informing him, that he had inclosed to Citizen Adet, his answers to the several questions asked by Mr. R. What these questions and answers are answers are, time will develope; but we cannot at present conjecture.
SEPTEMBER 14.
NEW ORDERS.
IN a late Chronicle we stated, as our opinion, that the renewal of the orders for taking neutral vessels, was in consequence of the Treaty: for although that instrument does not allow them to take the Danes and Swedes, as well as the Americans, yet there would be the less reason to use them with ceremony, since the Americans have consented that their vessels should be taken.
Taking away the Americans from the other neutral powers, and arming Russia against Sweden and Denmark—the British have no neutral nation to obstruct their views.
No doubt the Treaty with America will be offered to the Northern Courts, as Mr. Pitt's apology for his late depredations.
The renewal of those Orders, was issued in May last,—and 120 neutral vessels have already been stopped and carried in—33 of which are Americans. Their cargoes are sold at vendue—the money is lodged in the treasury,—and the property is to be paid for, when it is proved not to be French. It is said that 10 per cent. upon the invoices, is to be allowed, and the freight is promised.
The above highly important intelligence may be relied on, it comes from a gentleman of veracity, recently arrived from London, whose name any gentleman may know by inquiring at the Chronicle-Office.
By the arrival of brig Mary, Capt. Homans, 56 days from Bourdeaux, we have
been favoured with French papers to the date of July 9—They contain little information besides some debates in the Convention on the proposed new Constitution.
Left at Bordeaux, upwards of 100 sail of American Ships, &c. &c.
It appears that the French fleet is blocked up in the port of Brest by the English. The communication between that city and Rochefort is entirely stopped.
Dulcet has read in the Convention a letter from the commander in chief of the armies of the coasts of Cherbourg, giving an account of an important victory gained over the Chouans. In several other cantons the Republicans triumph.
At present all is tranquil at Paris. The Convention is daily occupied in discussing the Constitution.
The History of the alarming and riotous proceedings of the three last evenings, shall be exhibited as soon as completed. (Centinel.)
ENTRIES at the CUSTOM-HOUSE, District of Portsmouth, N. H. Sloop Fame, Kennard, Guadaloupe. Brig Rebecca, Shackford, Jamaica. Schooner Deborah, Marble, Tobago. CLEARED FOR Sch'r Nancies, Haliburton, West Indies.
THIS DAY
WILL BE SOLD At Public Auction,
At 10 o'clock,
And to continue 'till the whole is sold,
THE genuine and neat Household FURNITURE, CHINA, GLASS, BOOKS, and other valuable effects of the late Madame Elizabeth Wentworth, deceased, on the premises in Daniel Street, Portsmouth.
The Furniture comprises
a variety of Mahogany Chairs, Tables, Glasses, China, and Kitchen utensils, in Copper and Pewter.
—ALSO—
Two Chariots & a Coach, and sets of Harness. The above articles to be viewed on Monday the 14th.
JACOB WALDEN, Auctioneer. Portsmouth, Sept. 4, 1795.
TO BE LET,
THE Store of the late
Mr. Alcock.—Also, to be sold, and removed, two small buildings, on the wharf; for further particulars apply to Mrs. ANN ALLCOCK.
Sept. 14, 1795.
FOR SALE,
A lot of Land in Portsmouth,
NOT far from the Court-House, with a large house thereon, formerly the Mansion of Capt. Zachariah Foss, deceased, and improved by him as a public inn; having ten rooms and chambers with fire places, and two without, two kitchens, and two ovens, and may be contrived to accommodate three distinct families; or if any person from the country would wish to live in town for the accommodation of his friends, it might be fitted for that purpose. It is now improved by respectable families, and yields a large interest for the sum for which it will be sold. The terms will be made easy, for which inquire of the Printer.
Sept. 14, 1795.
Sales by Auction,
For the benefit of Underwriters;
To-morrow morning,
At 11 o'clock, at the store of Mr. John Turnbull, in Daniel-Street, will be sold
At Public Auction,
PURSUANT to an Order of the hon. John Pickering, Esq. Judge of the District Court; three bales of damaged goods, consisting of Broad Cloths, narrow Cloths, Kerseys, Ratteens, Shaloons, Wildbores, and Calimancoes. Portsmouth, Sept. 15, 1795.
For Sale, Freight or Charter.
A NEW Ship, burthened 230 tons, now lying at Patridge's wharf; for further particulars apply to THOMAS MANNING, Port.
For Philadelphia
THE
Fame
Ketch
wharf; for further particulars apply to the master.