Star.
London, England, 1803-01-05 00:00:00

AMERICA.

A qnellion has Railed up in America, which
has caufcd much intereft between the Federalißs
and Republicans," Whether the Vice Prefident, in
the abfence of the Prefident, is invelled with full
executive power," which has been decided in fa-
vour of the queßion.
The circumflance of the Spaniards having Riot
the port of New Orleans againfl the Americans,
feems to have given caufe of much difratisfadion
in America, and has produced a great deal of
animadverfion in the provincial Papers of that
country. Amongft others is an account from
an inhabitant of New Orleans, which moil fully
confirms the fad, and further Rates, that that p rt
was now (hut agairal all produce floating down the
NEW YORK, Nov. a 9 a letter from Walls-
ington, information had been received, that on a
certain evening, THOMAS PAINE had arrrived there,
and taken a lodging at Hotel, which was
occupied by a number of perfons, who made loud
complaints to the Landlord for having admitted
him into his houfe. The next morning the Gen-
tlemen
got together, and paired a vote, that
THOMAS PAINE Ihould not be rermitted to break-
fall at the fame table with them, of which he was
duly informed by the Mailer of the Honfe, and
accordingly left the place. He went diredly to
the owner Of the "charming mallion," from whom
he met with a very different reception. Mr. JF F-
VERSON'S Private Secretary, as loon as breakfaft
was over, was difpatched with THOMAS PAINE 10
introduce him to all the heads of the different de-
partments ; and the important ceremony was per-
formed accordingly. THOMAS PAINE dines with
the Prefident three or four times a week. Jar -
r t a sow's Paper announces the publ icationof Pal NE'S
fecond Letter on the following Monday.
PHILADELPHIA, DEC. 2.—Letters from Port
Republican, received here, dated Nov. 1, uniformly
reprefent the lunation of that ifland to be a (cone
of alma unexampled confufion and horror, from
the want of neceffary reinforcements, and from the
fuscefs of the infurgents. The white inhabitants,
who, for fome time pall, have retired into the
towns and ports on the fea coal, for fafety, are
now obliged to reek refuge in the firongly fortified
places, abandoning thole they leave wholly to the
'military.
A barge, on its ;mirage from St. Mark to Port
Republican, loaded with women and children, was
boarded by a party of eighteen Negroes, who,
after taking poffeftion of her, maffacred every per.
fon on board. They were afterwards captured
by a French frigate t fixteen of them were killed,
and the remaining two, on their being brought
to Port Republican, were torn in pieces by the
inhabitants. CHRISTOPHI and DassaLesss had
deferted to the infurgents.
Naw-Yoga, Dec. 4.—The afpetl of affairs at St.
Domingo appears, by every intelligence, to grow
Rill more gloomy. The fovereign contempt in
which the French held the negroes, has led to the
moil fatal confequences. Their fubjugation was
to have been the work of a few weeks, which was
to have reftored the unfortunate planters to the
tranquil poffeffion of their eflates. Many refpeaa-
ble families, who, during the late war, had fought
and found an afylum in the United States, allured
by the flattering accounts of the French opera-
tions, have returned to St. Domingo and Guada•
loupe. Their fate is truly to be commiferated.
The little they had been able to five from the
former wreck of their fortunes is likely to be totally
diffipated, and themfelres and families are expof-
ed to be maffacred by the enraged and unrelent-
ing Blacks. After the fate of Toussatar, thefe
outrageous negroes will never repofe confidence in
any overtures or ftipulations on the part of the
French nation. Nothing &tart of total extirpation
I can re-eftablith the colonies of St. Domingo and
Guadaloupe, a dreadful expedient, which, moll
likely, will defy every effort of the French. The
probability is, that thefe iflands mutt, at left, be
abandoned to the negroes.
Lail Monday arrived at Philadelphia the brig
Jfeph and James, Captain Warsos, from Port
epublicain, which he left the 2d ult. Captain
WATSOII mentions that it was not fo fsckly as it
has been, but notwithftanding which the fever Rill
makes ravages among the European foldiers.
Captain WATSON fays, he underfiood the French
were preparing to evacuate St. Marks, Gonaives,
and Leogane. That the Blacks were in poffeffion
of l'Arcahaye, from whence they fired on the brig
Joleph and James, as the palled that place, but
without ailed. _ _ _

....
The force at Port Republicain does not amount
to more than 3000 troops and 2000 white iuhabi•
tants, a force too inadequate to make any great
imprztfioa on the large body of negroes in arms
in drat neighbourhood, between whom frequent
fkirmithes take place, which has little other elfe6t
than the reduaion of both panics.
At St. Mark, the French, growing jealous of
the Black troops in their pay, drew up fix hundred
of them and furrounded them, with an intention
of difarming them, but the negroes refilled to de•
liver up their arms, and fired on the furrounding
troops, which they returned, and every negro was
maffacred on the fpot.
Cruelty Items to be the order of the day at Hit--
paniola. A few days before Captain Waysow
failed, a brig and boat were taken and brought in;
all the brigands except two, were killed.—One of
thole brought in faid, that they had, Come hide
time before, taken a fchooner full of white women,
all of whom they put to death, and that his com-
rade, who then lay wounded near him, had. with
the worm fixed on the ramrod, twilled out the eyes
of fcveral of the white women while alive!
On coming through the Bite of I.cogane, he
Caw a great number of dead negroes and lone feat

whites floating in the fea, and he was told
schooner weekly, and perhaps oftener, at Port P. •
publicaine, took 100 or 150 negroes on board, c.s•
vied them out of the Port, and on the fira o-
fecond night Ilifled them, by burning brinillt,a,,
in the hold, and theh threw the bodies overboard
We have been told fomething of the fame kind was
fuppofcd to be pratlifed fit the Cape. A brig there
frequently took a number of blacks on board, went
to fea, and in a few days returned empty—what
became of them our informant did not pretend
to fay.
Capt. WATSON fan it was reported that CHR IS-
TOTHE and DESSALINES, with a large proportion
of the blacks who were in the fervice of the French,
had revolted ; but this, with any account he
get from Cape Nicola, were tai vague that they
were lcarce worth repeating; every account, how•
ever, teems to predia the total evacuation of that
illand by the French, without a confiderable rein•
forcement, which, from any thing we have fern,
feems rather at a diflance.

Captain WATSON law (even fail of the line, ap•
patently fleeting for Jamaica.
We are informed that the Executive has receiv-
ed advises, that the port of New Orleans has been
doled againft foreign veffels from the Ocean, in-
cluding American, and that the tight of depolitiog
American property there has been prohibited. wit:.
out any other effabliffiment being aligned in lien of
it. The right to export property before depofited,
was excepted from the prohibition. Thefe regula-
ti ms, fo contrary to our Treaty with Spain, were
p iblithed at New Orleans by the Intendant on the
ph of Chnober laft. •
We are told, that tome time ago, information
being given to the Commandant at IliiPaniola,
that a fehooner was fupplying the Blacks with mi-
li,at y Itores, Ste. a French frigate was difpatclied
to fein her, when a chafe of r 5 days took place,
and the fchooner got into St. Thomas before the
frigate, when the Captain ran her tinder the pro-
telion of the fort and two Daniffi frigates lying
there. The Frenchman followed, and immediately
fent his barge with a body of marines, and took
polftflion of the fchooner, notwithflanding being
in a foreign port, under the protalion of its gnn• .
—The Captain of the fchooner having puttied .
Ihore as loon as he came to anchor, the Freud:
Captain demanded him of the Governor, who re•
plied, he could not give up a Burgher, which 'he
Captain of the fchooner was : what farther took
place. our informant did not learn.
Arc runts from Martinique flare, that a great
mortality has prevailed amongft the French troops
which took pnlfetlion of that ifland. They had be..n
obliged to abandon Fort Royal, where sco men
and Officers had died; and the contagion having
fol!owzd them to Fort Bourbon, they were about
'o (hut up that Garrifon alfo, and remove to Grand
Morne. All commercial intercourfe with the Bri-
tifh Colonies is prohibited at Martinique.
The Newburyport Herald, of Toefday lays,
4' Captain Buirtoc, arrived yeaerday, has t. 'd
us the fituation of Guadeloupe in fome meafure,
which is horrid indeed : confuflon, pillage, blood-
(bed, and murder, is the order of the day ; the
infurgents do altually gain ground, and Captain
B. fpeaks of it as his opinion, that if liens troops
do not fhortly arrive, the Blacks will have poffef.
lion of the ifland. To minute the fhocking trans.-
attions that daily occur would be too tedious.—
They have extended their ravages to Point Petro.
but at St. Ann's, a (mall town about 15 mile's
from there, a malfacre of the inhabitants, without
regard to age or fez, took place about the middle
of October ; hanging and (hooting of the IllacLs
has become fo common, that the fpeftator there is
hardly afluated by emotions of aflonifhment at the
fcene-180 of thofe poor wretches were executed
at one time, at Baffeterre, about a week before
Captain Buitriso failed. The fever is fill mak-
ing its ravages, not only among the French troop.,
but on the Americans there. Markets are tolera-
bly good."
By an annual report made to the Governor of
Pennfylvania by the Board of Health of Philadcl.
phia, it appeals, that during the prevalence of the
late malignant fever, s to difeafed perfons were
admitted into the City Hofpital. Of thefe 58 died,
And the remainder were difcharged, cured. Dim-
ing the four months of its prevalence, wiz. Jule,
Austin, September, and OCtober, there died in
the City and Liberties 627 adults, and 469 chil-
dren, forming a total of 1096.
HANANNAN, Nov. 3.—Since my lift the Gover-
nor has refuted to clear out any velTels for the Coat
of Africa, in confequence of an exciufive privilege
granted to the Marquis of Coecnsixt.o, of Spain,
to import 6000 negroes into this ifland, in foreit ti
trails. This privilege will commence to operate
from and after the lea day of December next—
and will difairange the plans of a great number. I
American as well as Englith merchants, who had
laid their accounts to make fortunes her: in that
trade. The number of Negroes required for this
ifland is beyond any calculation yet made, as the
number already imported fince the Peace, cum,
as I am informed, upwards of t 2,000.
The Confolate have drawn up a wrong and fpi-
rited remonfirance againa this privilege, and t.
it forward to the Kiect--and are fupported
planters and all parties. Since the promulgatir
,of the licence or order, Negroes have rifen in pi o
from 2o to 3o dollars per head : and will look i .
towards-the clofe of the year; notwithitanding
Heads of Departments fay that they *hall, act, r
the left day of December, continue to admit v.;r,
with Negroes. until they hear from the Kir.c,
anionr to their Memorial or Remonftrance-61.:
they cannot be depended upon.
There are but few Americans bete now, hut as
flour and lumber are now admitted in Spanifh
fell from the United State', and !tortes in Ain. •
rican veflels, I do fuppofe that there will he a gr... t
number in here, in the courfe of the winter ,
the Government does not, as was fupp.rfed, an.. -
the Spanifh merchants wiffied, h•• tb, qr...
down, and turn them out r
The Marquis is yet ht
cousins on fait, will, I bt
Narceffo, comment'
ladelphia, bound for th,
be in eight or ten ja)

I

w

'ilted, hunt the ttran',;.r.
nu of the country. '
owe., and as tlse winter
believe, take pelage ;ft
'tied by Mr. ?AO). . t !v.v. .
1J: place, asi'vbick w!il••
./
.•••, •
•

v. '!

LAT 111"TELt,IGENCE.

COURT OF KING's BENCH, DEC.

SF AL V. WARD.

This wa; an :talon of damages againfi the de-
fend.mt, .t Captain of a Berwick Trader, for run.
fling down a fdhing fmack in the Ricer.
'The jet of the aCtion was, that the damage arofe
from the unskilful management of the plaintiff's
teffel, by carrying her anchor a cock bill, (the lea-
man's phrale for that pofition of an anchor when
it hangs over the bow of a Chip, with the flukes Jo (1
above water). The plaintiff's witneffes fwore,
that it was horn a aroke of the defendant's an-
chor, that the tithing fmack was funk ; that the
thfendant had confeffed it himfelf, and that if the
anchor had been properly carried, although per-
haps it was impoffible to avoid the two eettels
fit iking, (as the night was very (r.... 2) yet that the
fmack, in all probability, would not have funk.
The crew of the Berwick Trader attended as
witneffes for the defendant, and fwore that it was
impoaible for them to avoid firiking againfk the
fmack, not merely from the darknefs of the night,
but becaufe the crew of the fmack had nnfkilfoily
managed their veffel, its fuddenly dropping anchor,
without fira furling their fails ; they alfo fwore
t' at their.anchor was not a cock bill, but properly
ihowed on deck, and that the anchor did not (hike
the fmack under water, but only hit the taffrel, or
upper gallery of the (tern of the knack.
Lord E,.LENIIOROOOI4 (having ptevionily de-
cided as a point of law, that it was. neceffary to
prove that the damage arofe from the unfkilful
management of the veffel, or the improper manner
of carrying her anchor) told the Jary, that the
only quellion for their confederation was, whether,
in fait, tlur anchor had (truck the (mark's bottom,
below water, as the plaintiff's witneffes (wore,
or whether it only (truck the top of the (tern, as
the defendant's witneffes (wore ? their dechion of
this queflion malt entirely depend on the degree
of credit they lhould give to the witneffes, on one
fide or the other.
The Jury inftantly found a verdia for the plain-
tiff.—The damages were agreed to be referred.

COURT OF COMMON PLEAS, DEC. r.
GOOCH V. PILOWLITT AND SHARP.
This action was brought by the plaintiff, Sir
Thomas Gooch, againft the defendants, who ate
the proprietors of Buttorf Wharf, for the fum
forty-five pounds Rating, being the value of a
calk of wine, which had been damaged, and flit
while in the cuftody of the above mentioned De.
fendants.
Serjeant BEST, for the plaintiff, Rated, that this
was a calk of wine commitlioned from Bremen,
and (hipped on board the Triton merchant (hip,
Captain Spilcher. This calk of Fine had arrived
in fafcty in the river Thames, and had been depo-
fited on the defendant's wharf perfealy found and
free from damage. As the lots had therefore been
fuftained in confequence of the careleffnefs and
negligence of the defendants or their fervants, it
was agreeable to the diaates of law and jullice,
that they ffiould be made liable for the value.—
The witneffes for the plaintiff were then called to
prove that the calk had been delivered to the de.
fendants in a condition completely found and free
from damage. Zacharias Spilcher ftated, that he
was the commander of the Triton merchant (hip
which arrived from Bremen in the Thames, in
October, 18or. He had (hipped a calk of wine
for Meffrs. Plumber and Barry, wine merchants,
who rated as agents for the plaintiff. After the
arrival of the Triton in the River, he had teen the
above mentioned calk, which he recolleCted to'
have been marked G. F.. lying on deck, along
with other goods. It appeared to him that at
that time no damage whatever had been done to
the calk.
John Sheldon was next called, and Rated, that
he was an Excite officer, that in the courfe of his
duty he had gone on board the Triton, where he
found the calk •in queftion. In looking for the
mark he rolled the calk on the deck, when it ap-
peared to him to have been as full as wine calks
generally are. The thark being blotted out, it
became neceffary to drive out the end of the outer
cafe, which was accordingly done by one of the
crew, he believed it might be the (hip carpen-
ter, when the mark was found on the inner cafe.
The calk did not appear to him to have fultained
any material damage.
John Leadman, another Excite officer, Rated,
that he had landed the above calk on Buttorf
Wharf, and it then appeared to him to be in a
condition fufficiently fafe.
George Dewey, clerk to Mefrrs Plumber and
Barry, Rated, that is Oanber, 18ot, hearing of
the arrival of the Triton, he went and paid the
prime entry for the wine at the Cullom-houfe. In
about a week or ten days afterwards, he went to
the wharf and demanded the wine to be delivered
to him, when he was told that it had been pillaged,
and, upon examination, aClually found that it was
empty.
John Crotchet, faper intend ant of Bound Wharf,
declared, that this was a free wharf; that the pro
prietors never took charge of, or confidered them-
fares as anfwerable for any goods that might be
ft ft or &imaged without a contract and compen.
cation for that purpofe. That they were only paid
fivpence for every calk of wime of whatever value,
:old it could never be fuppofed that for loch a con-
fideratinn any charge could be taken of thefe calks.
The Counfel for the defendants (laced, that- the
defendants' wharf was a free one, in contradiainc-
lion to Sufferance Wharfs, where the goods are,
by law, contid;:i ed es under the care or the pro-
prietors. The cafe was di:l.:tent s:ith regard to
the Free W:iarfs, where the °it :.er . kept nn fer-
yaws of their own, nor tack any ci':ir n si•;th the
Wind's tranfaaed on the wharf, faither than to
thtir dt e:. ft.r allawing the 1,00.1 s to re-
main on their properiy. Tie very :14c.iire of the
compel:cation, sshich proprietor; Free IVharli
7:Ceired, W.UN pt n()f that t'rzy cciiid not be con-
-1...kre.51 in the li;;Lt ofi:,lat.rs, ar.d accordingly
tLy were never accurtem•A to pay for any da-
ria,;e that might ha to goods lying on their

The Learned Judge fummcd or the evidence
with great ability, and remarked, that the impref-
!ion upon hi: mind, at firtt, was, that the defen-
dants were liable for the value of the wine, as, in
various cafes that had been tried before him, the
Wharfingers had been obliged to pay for damages
done to goods lying on their wharfs. Thefe, how-
ever, had been Sufferance Whurfingcrs. The cir-
cumftanee of this being a Free Whart, rendered
the afpeel of the prefent cafe materially different
him thole which he had mentioned.
The Jury, alter confulting for a few minutes re-
tained a verdict for thc defendants.