The gazette. [volume] (Portland, Me.) 1798-1799, 1798-07-02


nrrI tr f-u..a. b.t NJ.
an rI ar at.ch n. ASCEND ra.et tr rrra.
ard al1 ,o che P.a- iu-l. IA ae-.l .alilu.
happen thar a ZIP of war rot driven u bv
hreis of weather, or the danger si the ga.
would win to continue III port longer han thc
time would uHavojably De colImed ~ sicsr
taiuing The fat Of her having made prize !;
but it NUT often happen that PtiTc now *
cluded from the ports Of The United States,
would find ihelter in then If the literal coaRruc-
sion Of the treaty ihould be adopted.
This expedition given BY The United States to
this article was made known IN 1893. France
has never 6gnihed with thar the literal con
fructicn throughout hould be purfued. This
Rrengthens the opinion entertained blythe under
figned, that the rule on this fube6, 10 early
eRabl1hed by the American government, is
confidered by theRePublic as more favorable to
its interclls, than rule conforming entirely to
the letter of that article.
3dly. The government Of the United States
has ordered the srrea Of " National Corvette
anchored at the port Of Philadelphia, and the
a-reRation has been extended to the CAPITA
Commandant."
The undersigned beg leave to fate the cafe
~hich IS the foundation Of this compl2int. In
the Placement ifet they truf viii be found
complete publication Of the conduit Of The Uni
Ted States.
The CaIius, under the name Of /" les Tu-
meau1" was fitted and armed for a vehel Of
war in the port Of Philadelphia, in violation of
the law of the United States. In December,
1794, having efcaped from the port to de-
icend the river, orders were given 10 the militia
Of the fate Of Delaware TO intercept her. The
attempt was made and failed the crew Of les
Tumeaux, which was Unexpectedly found 70
be very numerous reihed the officers who went
on board, manned their cannon and brought
them TO bear on the Gutter in which the militia
about forty in number, were embarked. Their
force being inadequate to the enterprze, they re-
tired with an intention to return the next day
meaux had failed & gone to iea. 'fhe agent,
Mr.. Guenent, by whom les Jumcaux had been
ffted out, was tried at the Circuit Court, in
Philadelphia convi4ed Of the offence, and receiv-
cd fen. ence Of fine and imprisonment.
Les Jumeaux proceeded TO St. Domingo,
Samuel Davis citizen of the United States,
there took the command Of her, with com
million from the French government Davis
probably failed from PhiIadel phia in les u
meaux for the PurPofe Of finally taking the com.
maEd Of her. Her name was now changed
to "le CalHus" and on a cruize ihe took a
fchooner called the William Lindlay, belonging
70 MeGrs. Yark and Ketland Of PHILADELPHIA.
Mr.. Ketland having Purchaled al interelt in
her after her falling. The fchooner and her
cargo were condemned as prize at ST. Domingo
In Auguf, 1888 captain Davies, commanding
the CaGius, came with her 70 Philadelphia. She
was Immediately known. Mr.. Yard, with a
view Of obtaining an Naturalization for the
lois of the fhooner and her cargo, Ii
belled the Cailius in the diltr6t court, and
caufed the capt. to be arrefed. Soon after the
fupreme court being in felton, capt. DAVIES
council applied for and obtained a prohibition
10 the diRrid court, to fop its proceedings, BY
which the luits both aganf him and le CaGius,
were defeated. The prohibition was granted
on this principle, that the trial Of prizes taken
without the juriidiaion Of the United States,
and carried to places within the jurifdiaon Of
France for adjudication, BY French vedcls, and
all queaions incidental to il, belong excluGvely
to the French tribunals; and consequently that
its veGeIs ofwar and their officers are not liable
20 PrOcefs Of our courts, predicated upon fucb
capture and fubfequent proceeding within the
juridiaion Of the French government.
Mefrs. Yard and Ketland having failed to
obtain indsmnifcalion in this mode, procured
new procels, on the information of Mr.. Kstland,
to be iGued from the circuit court, by which le