The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-12-24

Sdmprfrg H e~stb all fL~ paper, not p-eviony Ia
Ja,fsd in f6e Enquirer. 49,.
(C)
Declaration Of ToSa Ev,i,, maser Of tbeep Elisa, Of
NoytsA, ardsf Cbar!e, Simmont, jim. and Eitrard
Lssprie, Jia~su belonging TO Jaa ySip.
Before me Henry Hill, jun. eonfal of The United
States Of America, for the i1and of Cuba, refdent
at Havana, ON the day Of the date hereof, perfon-
ally came and appeared, John Evans, matter of the
nip Eliza, of Norfolk, and Charles Simmons, Jun. &
Edward Lowrie, feamen be longing to faid fhip, who
heing by everally duly fSorn upon the holy
gchifs of Almighty God, did depofe and FAY, and fra
che faid John Evans.
Tia. he failed from Norfolk, in the iaid nip, on
Or about the l2th day Of Oeuber lan, with cargo
board coniNng Of ffaves and provifons bound for
Kng9on Oamaica) the faid cargo being the fole pro-
perty Of Conway and Fortefcue White, merchants
of Norfolk aud citizens Of the United States that
he arrived in and with faid fhp or about the fifth
day Of November following, when the faid cargo was
told for and on account Of the faid Meflrs Conway
and Fortefcue white.
That from Kinglon he proceeded in and with iaid
ihp to Anotta bay, the north fds iaid ifland Of
jamaica, for the purpofe of loading his fad fp with
Q cargo, where he Actually purchaled and loaded on
board iaid fhip cargo coniling of hundred and
ieventy-nue puneheons of rum, for the whole ac-
count and rifque Of the aforefaid Mera Conway and
Fortefeue Whittlc. t
That he failed from thence in and with faid nip
with faid cargo. on about the 2l q day Of March
following bound to Norfolk aforefaid with all the
neecflary and uual documents on board prove the
faid fhip and cargo bona hde American property be-
longing to citizens Of the United States.
That the twenty Eleventh day of fame month,
while peaeeably and lawfully navigating his faid nip
for the port of Norfolk aforefad, then being in fight
Of the lie Of Pines, the iouth ide Of this land Of
Cuba, he met with, boarded, and unawfuly
captured by prvaseer under French colours, called
the viglant, commanded by one Amado Deian, as he
dnderfood, who forcibly and unlawfully deprived
shis deponent of the poefon of hi, lad hip and
20, * placed prize matter & men ON board the faid
hip, in the privateer, & with force and violence took
CHS deponent Of his fad hp, together with Orei
Damon, fire mate, and Richard Thomas iecond mate
thereof, and fix OF the feamen of his iaid flip, and
landed them the weff end of faid ie of Pines with
only one days proyiiions and without the of
fnitenance. That this deponent with his faid mates
and crew, remained faid part of fad iland which
is entirely uninha5ited, about two weeks and fup-
ported rhemfelves fin which they caught, there
being no other food fnfteaance to be procured; ;
az the expiration of which time, that he, with his
taid mates and crew, took padage in Spanh vefel
which ca!ually touched there, and transported
20 the ea end Of aid and of Pines, where there are
forne inhabitants from whence this deponent, with
his laid mates and crew, after remaining four five
days, took paage in Spaniih vefiel ard proceeded
TO Batabano, in this Hand of Cuba, from whence
they proceeded by land to this city of Havanna.
That after being fome days in This city, this depo-
nent heard his fai hip had been taken into Batabano
and loon after faw the prize mater here who was
PUT board his faid flip, who gave to this deponent
the folawing papers Of faid fhp, declaring at fame
time that he coufidered the faid flip and cargo a.
rercan property, that the captain of ia;d privaseer
lad abtconded and left HIM without fupport and that
he had no idea Of purifying Der lawful prize and
had abandoned her: that the papers which wore
delivered to this dsponent We're the following.
t. The Mediterranean PATS Of fad ihip
8. Clearance from Norfolk. D..
f. Articles Of agreement between mailer and ma
rners of laid lh:p.
6. Certified lii of crew.
6, Bill ofhsath, &c.
9 Ships log book.
That the fsid fhp had resiner and certificates of
properly of cargo, bills of lading, invoices, &C. at
the time OF catture, which taken from, him and
ph'eh were not delivered up with the other papers
and winch this depoaent pnderfood, and has reafon
to beheye, We're unlawfull5 and wautony defiroyed.
Thar this deponent, alter aicertainng that his Gad
nip was in Batabano sforefad and after receiving the
laid papers did OF the feventh day of May lalt pre-
lent toni .xce'ency the marquis Of Someryeos cap
tain general of fad ilaiid of Cuba, a memorial
wherein he Gated the capture Of the faid hip, and
prayed that fhe might be relored to the righfu own
srs, from whom lhe had been unlawfully captured
That not having any reply to bis memorial, he
iaorty alter again memoriazed his excelleney pray
ing that he would order his hip to be refored tina,
not having any reply this his leeond memorial and
underitaptng that part of his crew. who were Cuff
tered 20 remain board the time of capture were
detained prioners board in the fad port of Ba.
tabano and were fnfferinE for the want Of the me-
sedares Of life, and that the frenchnen who renain-
ed on board, and the 'Spaniards from hore, were
daily punderng from his fad hip and cargo: and
whining know the fate thereof and to graft fome
reefto his crew, he proeee led 20 Batabanr withou,
raRport (ths captain general having r,fufed him
cne) with intent TO 60 on board his fad lfhip. That
on his arrival az Batabano &c was reyZned by the
eonlmandant there from going bolsd his faid {hp
and was ordered by him immediately to return to
this city, that ne would end him back priloner
lsnders guard Of folders. Wherefore this deponent
was obliged to return. That on the fourteenth day
Of June he again neoriaIjzed is excellency prefent
Ing Herewith al The papers OF the 7forefaid bp, de-
Bvcred up to him by the prize matter aforefaid Tex
espt the iea letter which was pref.ned with his
hTt nemoraL) In eonfcqoene4 Of which, on the day
following decree was gwen ordering his faid dip
sns cargo to he refored and delivered him, ard a
pah or granted for him to proceed 20 Bstabano and
take po6ef6on thereof
IN 1t for this purpoie he proceeded 10 Ba,abano
and on his arrival there, the 9th June he preep,ed
his pal ,ort and order the connsdtnt there, who