The Potowmac guardian, and Berkeley advertiser. [volume] (Shepherdstown, Va. [W. Va.]) 1790-1798, 1797-04-13

oh. Cafe Of the Privateer lie Cafius.
For the full hiitory Of this cafe n,oft allo refer
60 the documents and here only preient you with
couciie ltatement.
The Caiias under the name Of les Iumeaux, was
fitted and arm I'd for vessl of in the port of
Philadelphia, in violation of law of the United
States. In December GA having eicaped from the
port defend the river, orders given to the
militia of the itate of Delaware intercept her.
The attempt made and failed--the crew of les
Jumeacx, which as Unexpectedly found to be very
numerous, refited the Sf.cers who went on board,
manned their canncn and brought them to bear on
The in which the militia about 10 in number)
were embarked. Their force being INADEQUATE to
the enterprise they retired, with intention to
return she day with reinforcement. They did
80 bur les ilneanx had failed and gone TO iea.
The agent MIR. Cnener, by whom les Iumeaux had
been hted our, risd in the circuit court at Fiji
ladelpha convicted of the offence, and received len
tence OF line and imprisonment.
Les Jumeaux proceeded TO ST.. Domingo, Samuel
B Davis, citizen Of the United States there took
the command of her, with commit from the
french government. Davis probably failed from,
Philadelphia n les Iuulesx for the purpole of final
ly taking the command of her. Her nsme.vas now
changed to LIE Catiins; and a cruiie The took
fchooner called the William Lndlay be!onq;ng to
MAsrs Yard and Ketland Of Philade phia !; Mr.
Kstland having purchaied an interett in her when
filling. The tchooner and her cargo were con
-
Capt, Davis, commanding LIE Ca1lus, came with
her TO Philadelphia. She Immediately known.
Mr. Yard, with view of obtaining an indemnifca
tion for the lois of the chooner and her Cargo libel
led lie Caaus in the dlirict court, and csu9ed the
captain to be arreted. Soon after the iupreme
court, being in FELTON,, captain Davis's Council ap
piled for and obtained prohibition TO the tsiitrict
ccorr, to flop its proceedings by which the iuits
both againir him and Le CstIus were defeated The
prohibition was granted on this principle, that the
rid ofpczes taken without the jarifdicion Of the
United States, and carried places within the 10.
riidicton of France for Adjudication by French veC
fe|s. and all qleitions incidental to it, belong es-
clnhyey to the French tribunals And conieaueptly
that its vessels of and their officers are not la
BILE TO the proces of our courts predcated upon uch
capture and uhfequent proceeding within the uril-
dlctIon OF the French government.
Mesrs Yard and Ketland having failed to obtain
an indemnhcation in this mode, procured new
proofs on the information of Mr.. Ketland, TO be
1'sned IRON the circuit court by which lie Cafius
was attached as velse armed and equipped as a
thiP OF war in the port of Philadelphia with an in
tent TO eruie and commit hoitties againft nations
with whom the United States peace in vi
oaton of the act of Congreis prohibiting uch rn,a.
nents. Mr.. Adet complained THAT the procefs was
taken ont OF the circuit court hecaule he aeaeed
Ut had no Juri'dcton, and that it would be attend
ed with delay-that court fitting but twice a wear.
whereas the dittrict court, in which it was fad the
prosecution lh at all Permittcd) ihould have been
commenced was always op en-. l confulted gentle
men = legal knowledge the point of iurildicti.
on IN This cafe, and they decided in their OPT.
Mon, that sine circuit had iuriIdction, and
exonively of the ditrict court. You will fee ALTO,
IN Mr Rawle's itatemesr of this cafe, that his OPT
MON was adopted and iuppor,ed by two gentlemen
OF emnence the bar. You will further fee in that
Statement, that the government of the United States
had no part in originating this profecuton ; and
than the d''tr'ct attorney, in behalf of the United
otates, took meaiures at each term of the circuit
eours 80 prepare the caufe for trial. and on plea
calculated to defeat the proecuton. AT length in
October term 'e6, the caufe brought to hear
ing In the courie of the argument the queition of
jarildicton prefented itfelf The court adjourned
til the next day to conEder on it, and on the fol.
lowing morning diimifsed the uit. As foon as I
had received notice ofthis ION the 10th of Oc.
tober a'') wrote TO MIR. Adet. Informing him that
lie Galilos remained in the cufto4y of the Martial
but ready to be delivered TO his order. To this no
aniwer was returned bot he mentions the mstter
IN the notes inbjoined to his of the I7tb No.
vember intimating that the United States we're
an'werabe in this cafe for the violation of treaties
and tor the damages the CafEus had fuf,aned. Here
she affair refts
/J,S.