Nip :' R : t H-C A R 6 jMfo:r&Mj$$&m
. ... -, ' K- - -, ; ... ; . . -t . i ' . -v '; : .1 ' !
(Vol. p.)
Saturday, Auguft 16, 1704.
(N 449.)
i
NORTH. CAROLINA, '
In General i ftmUy. July i6,l70:.
Relhid, that his excellencyjhe governor
be requeued to take the nibft effectual mea
furesUo obtain a true and accurate ftateraeiit
oi all tlic arms andmilitary llores in this
t , lla:c ai;d by.thc iame befcre tie next gene..
rul j(Temb!y. T
1 A&d whereas it is ablolinejy . tiecefiary;
. .tlutjhc militia of this . ilaicHToUld be ana
ed, ahd equipped according to law in order
" . to dejenn ami protect incur rights and privi
" ledges from tkc attacks of fdreijnl ' enemies.
irjohd, there-tore, that the members of
the prefent General -Aficmbly make inquiry
. iu their relpective cjbunticsol theorportunity
and iprolubility of procuring mechanics,
for the purpole of fabricanng arms in tins
llatej provided the manufadureof that aniclei
fhauld be found expendient to be ellablifhedj
and communicate the relult of their inquiry
10 the next general afiemblyJ
, Refolved, that his Excellency th$ Governor
be requited to forward to the Prefcdent of
v tt ynited States a copy of the foregoing
rclcmttons, and alfo to-caufe a publication
thereof to be made in the gazettes publifhed
.' in the town of Newbern and Halifax m'this
i '.. ftatel ' " ' .
I '" , WILLIAM LENbiR, S: S.
By Order, . : .
f S. Haywood. CYS. " - : .
' :
JOHN LEIGH; S. II, C.
By Order,. '
-I. Hunt, C. Hi C. 1
it known to all whom it may coil-'
V cerri. that the building in thetown,
or Newbern, commonly called the PA-
LACE, together, with its ,out;nou"rs ana
the lots thereto belonging, are for fale : and.
tlmt'thc fubferiberfi, were appointed by the
Grntral AfTembly, in January laft, com
miflioners for receiving prbpolals from any
"perfonor perfons inclineil to purchafe them i
and that in compliance with the directions
of tlje at appointing them, thefaid corri
miHibners will; iit atty-.time , between this
day andtbefirll day of Jahuary next, at
their refpecXive hoaies, reteive propofals iri
vr.tingor otherwife. , . ..
jl WILLIAM NASH, (Hillsborough)
! JOHN ALLEN, (Cai.tail, Craven) ,
WILLI AM E. LOR D, (Brunpwick.)
' ttixvlern, Julj t6. . " , . : . k
NOW IN .i'fri E PRES
' "t n't . :
SRIYATE ACljS
.-..; OF TKE
GEN ERA LASS EM B L IT
N O R T H - G A R OL I N A.
. The fublcription is 4of.from fuch pef
fons as arc known to - the .Printer, or
hare encouraged his former undertakings
by fubferibing either to his Judice, Statutes
or Gazette, he will expect no advance nio
neyi A wilh to provide again ft deception
impbfeson him the nfxefllty of requiring a
fmnll enrncft from all othersj io vH ten
lillings. : V
Any perfon.who will fubferibe and bc
conie accountable for fix copies will be enti
tied to the feventh gratis. . . .
. The expediency of the undertaker know
ingjwhat number of copies will .be wanted,
- iculcrs itneccfTary that application fhould
be nude early. . .
The gentlemen who fupeftntend a prefs
or a Poll Office in this (late are defired to
afford their aid to trie undertaking. .
Application by pofl (pottage paid) or o
thcrwife will be thanfuliy attended to.
As thi3 Collection will contain all . the
Tbavj Atts the commiCioners of the difFcr
en'towasinthis State'arc foiicited to con
fidjr of tKe propriety of procuring copies tor
thuir rcfpectfciyc officer. ;
' - . i; - ' '.
Lr O N I) O N May23;
?HIS mcrning Mr. Brooks, the King's
jiuensnger, arnvea wiui aiipatcnes
T
from hisKoyal Highriefs, the Duke of York. ; wards fiie met with very tempeftuous wta-
Captain, to proceed directly to that pdrtj
that the, fchooner after clearing the ; land
(leered a courfe forj feveral das as direct
for Cnarlellon as the winds and bihti ciri
cumllances would permtt ; but that after1-
datcd May 2
. By the fame conveyance be have letters
from oiir correlpondents'in the army. We
find-as wc ycRcrday ftatedi flla: the allied
armies under Ids Royal Highnefs had met
with a check, in which from five to eight
hundred men were killed and wounded,
and fome pieces of light artillery were loft;
report faid to the number of thirty, j
General Fox's brigade, which was de
tached from the, rriaiu force, fufFere J mbft.
They were furrqunded by the French, but
alaways drove them , who attacked thcai
the tront.
ther, which Iafted with little, or no intery
mifiion for ten days, and finally forced hef,'
! for the preferv.ition of the livcs df the ere ir
i to bedr away for Nev7-Jrcvideuce, wherb
fhe arrived vn tne 15th day at April; A(-,
ter the evidence Avas clofsd, die caUfe was
ftrenuoufly argued by counfel on bo h fides,
, but the xourifel on the -part of the 'United
btatcs explicitly admitted that tha conduct
of Me firs. Bernard us Swartwout arid. Son.
perfectly irreproachable ; asthe eviden
did not fiirriifti the kateround fdr fiinn
nng, uiac incy.naanot reaiJy intended t
voyage 16 Charlefton, or that; they were
' 1 he Aid have" loft 183 menthe four- any degree privy to the voyage to New PiJo
teeiith and thirty- feyenrhiabout ico each ; vidence. . lhe counlel , having concluded
re their argu-penrs, tne lUdfre.ot the diltria:
0f intirriatedjhis perfuafiun of the abTclutehe
fa cefiity which compelied the ichooricr to go
111
wag
b.-
btit it is fuppofed that the! m aft of them
taken prifoners. BrevetlMajor Brown
me 14m wno commanuei tne regnneny ia ljuy r .. vvvrTVr- . "c.cuuoncr to go
the .abfence" of Mior Rots,' was foot t0 ew-rroviaenre 5 out; tooK time, to id-
was
through the body and Iefc, in ; the Held.
Captain Cook who commanded tfie. th
regiment, Sir C. Rofs king fick, was !kil
'led. Colonel Ludlow, as' wc have ftatcd
Has loft an arni. - ;
Sir Wil'iamErficinq; hd comrhahded
another column, was fi:d to have met with
a very fujjerior number', of the French at
Comines, to vvhich heiiad advanced, j- The
Heifians who ere with him, fought moft
. bravely, and the Emperor's troop's, who
were to join fome of the columns came up
opportunely, and obliged trie Carmagnoles
to retreat.. ... y,C, . . f .
The above checks by no means fd ' cori
ii derablc, - as it wa at firft rcprclentcdj has
hot h3d much effect upon the fpirits of the
Britifti army. On the 20th, his, Royal
mgnneis gave ic out in general craers,
" That he thanked the trpeps for their bravery .
vile upon the conftfutibhpf the ilatute
which the fuit was founded.
On Saturday the iptfi inftant, the Jud
proceeded ;tcr prdrieUrice his decree in t
on
go.
the-
cafe ; after ftating the point in controvrerfv
in a perfpicuous manner, arid jadicioiifly re
marking as rell upon the.facl:s as the cca
ftruction of the ftatute, j the Judge declared
it as his opm:on, that thej evidence left no;
room to doubt, that the fchooner went to
Ne w-Providence, jthrougli inevitable' nedef-
j fity, and that under all the circuurftance of
i the cafe ; fhe had not proceeded on a !fp-
reign 'voyage ; wnererore :ne ordered and
decreed that the libel be difmified,' arid her
cargo be reftdrd to rhe owners but with
out CoftS. :. . : .. . ' -;: '! '
With regard td cofts, the Judge 'dbferved
that there W4s iufci6nt reaipri to jufiify the
Colletorand Attorriey for thd diftricV, in-
lcimg anw uwiuii uic ituuorier, and ner
rA rrnnrl rnnflll in tfi )at Prt(T-irrf rrfrt
with the enemy, who, "Swing to their great cargo, and that they h.id done nothing niorc
fuperiority of numbers, and the gr9und on ulji"fw"d,a;luc.iavv AC4 attentive and-
had obtained' fome , JdV"iW4 WUV"'V! ;; -l :.A.
had
that
which they enaragedi 1
mfling advantage, in their having; beeri
obliged to abajidon to them' fome of their
artillery ; our ne cruuca mac men a c;rcum-
ftance would not difptric th. army he
the honor to cdmmand,r and he hoped
in. a flicrt time, .cy 'would repay with in-
tereft, any lofs they had faftained. I
. Colddel Craig, Adjutant-General of the
Tiritifh armv in FlanderS; arrived in town
.
this morning. -."' . ;H
N E W - t 6 It j July . 2 1
This trial carindt laii to Vive pieafur to
our readers, whilft on the one hand it will
refcue the characters of Meffrs.. Bernard us
Swartwout a nd Son , and the Captain or) the
fchdoner Prince and Liberty, from the ftig .;
ma of having violated riot only the acl of j
Cdngi-efs for ; regulating the. coaftincr trade; J
but jalfo the late embargo ; ic .will on theb-
ther convince the unprejudiced, that out
public officers are tlgilant and impartial in
fol-
On Mnndav. th'e.iitli inftant. at i I o-
cinckat the Citv:Hall iri this citYi ' the
fait lately inftituted in the diftrii: Court
""for this diftricl -iri bclialf of. the, United
Statesjagaintl the fchooner Prince arid Li
berty, -dnd her cargo, owned by Meflrs.
Bernard us Swartwout arid Son; wasbrought
to trial. The libeltharged,hattne7chob
ner being enrolled and licenfed for carrying
on the caafting trade, had proceeded pn a
. foreign voyage, (from this ihy to New
Providence, one of the Bahama illands)
.without firlt giving up her . enrollment
and licenfe to the collector. ; The owners
,in tKeir anfwer.to' the libel deriied,V that the '
ichconcr had proceeded oft a foreign . voy- ,
age, and infilled that file failed on the 29th "
day'cf March laft, from this city on ja voy-
age to Chaflefton, in the ftate of South-Carolina
: bdt'was cdmpelled by ftfefs of wea
ther to put in to Ne w-Providenee. tTporf
the trial, a number of witnefles were fxa
; mined on the part of the ownefs, who pro- ,
red moft fatisfactorily, ; that the fchooner
obramed a clearance; from this (to city
Charlcfton j that the owners inftruacd the .
the difcharce of their d uties,
The decree above mentioned is in the
! " lowin? words .
I At a fpecial diftricl court of the United
; States, held. for', the "diftricV of New-
I ' York,, at the city of New-Yoik, onj Sa-'
turaay me 19111 aay oi jU'j yy4 at 12
o'clock, A. M.
Prefect The Hon. John Lawrancc, Efq.
. . - . Judge of the diitnct
The United States
VS.
time
doth
The fchooner Prince.arid Liberty; Bcrnar
dus SwartwoutandBernardus Swartwout
. jun. Claimants. .
I HIS Honor the Judge haying taken
to advife in this caufe Until this day
now order, feritence. adjudge arid decree,
that the libel filed in this caufe; bc difuiif-
frd without cofts. and that the fchooner r
tririce and Liberty, and her cargo . rnentrl .
bned in the faid libel, be difcharged frim
arreft,- and be refibred to the claimants Ber
riardus" Swartwout arid Berriardus Swart
wout, jun. t
A tf ue extral,from the minutes. i
' - R. TROUP, Clerk.
A letter from Montreal dated July Cth,
fd a gentleman in this city fays, For this
X