Newspapers / The State Gazette of … / Nov. 2, 1797, edition 1 / Page 1
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Slate Gazettes of Nortii-Garoliiia e- E D E NT O N Printed x J A M E S WILL S. ' - - 1 . """ a - ' -Vol. XII. T H U R S D A Y, November2, 1797. . Number 615. . - 4 fiWZSf (Bot) CETINEt. " 'Mt. Rff'stciL, ;, THE.decUion in the following cafe in the Conn of King's. Bench, in England, by Lord KenYon, involves American property to a very great amount ; a great part of the veflela which iave been carried into France, being infurcd in London. It is a mortifying circumftance, that the merchants of the United States, fliould not have recol lected, that in the a $th article of the treaty of Coiutmrce between the United States and France, it is ftipulated, that when either of the contracting parties are at war, the vcflelsof the other ihall be turmfli-d with paflbortj and fea-letters, the oar ti tular form of which is added to the treaty as tlieir neglect is likely to lofe them much property, if 001 involve the tranquility of their country. ' Yours, MERCAl'OIl. . -LA IV INTELLIGENCE. COUrlT of KING'S BENCH, July 34, 1797. Hearfay, &c. vs. Swanon. This was an action upon a policy f Infurance to recover the fubferiptbn on a (hip bound from Lif boii to London, in the courfe of which voyage ilu was captured by the enemy. Mr.Lra Hated the cafe on the part of the Haiti tiflf. Hefaid, that the action was brought ut.i the policy underwritten on the Ihip Comm. tec, winch failed on the 1 4th of March, from L :!;. On the 17th (he was vifued by a French llnp ; her papers being examined, (he was allow.! u proceed ; but (he had uot proceeded longbefoie ihe wis taken a fecond time and carried into l'Oi k ik, and was totally loll to the owner, Ihe being con demned, together with her cargo, as prize titnc enemy. The oulyqueftion would be, whether ilu was or was not an American veflel If (he w: . Hi. was entitled to'all the rights of neutral nations, and as fuch came under the rule of law as a (ab ject of infurauce, and the underwriters were li.ilc lor ly. lof. In order to (hew that (he was an A merican velfel, it wouldsppear before the jury that the Captain had his letter of neutralization on bovd aud a Ivegiiler ot the United Mates ot America, dited In 1 79c He trnderflood it was to be con tended that the RetUler was not renewed within three vears. and that therefore it was void, he fotiad 110 fuch provifion io the laws of Amcri i 1 bcfidrs, this (hip had been io actuation to her Regiller in America. It was so American . d' lei, built of Ameri an materials, and as fully en titled to tbe protection of neotrslity as any v tic I could be. tie really did not know what trie point were on which the Defendants relied their c li lt ihev had anv. it was enouth lor his client in tkis action that the Ihip wss an Amencan (hip, b nit of American materials, and that the ( sptain a American (abject by virtue of naturalizati that he and the ihip were captured by tha enci. and 0a (hip and cargl condemned at prize to aemy. All thele point were lulficicnt to en ,11. the PUinthf (o recover the fuburiptioo mju., which was loci. Mr. ,4nmi Cslliti faid he was commander n the (hi; Commerce, in March lad. That he failed an the 2th of March from Lifboo. That he wji a native of Venice, naturalized in America. 1 hit he had Utters of naturalization, but the Frfih took tlem (rom him when ih (hip wtt csptwtrd. ThrtV documents never wer retorted to him. Tlvat oniS" 1 7th of March, he was taken by tie I'retKh whiJe on his royagefron Lilbon to Lon! n. tie wai .-rl-jCrd on the ltd, but taken again nl tarried it 1'Orieat, when li Frmah took from In n ill hit papers. That be had an Americr n f'l brfrr this wbkb be eschangrd for this. 1 he papers beloo-lng to both were 00 board this, and the Krrrfh took them tH, awl nrrrr rrrurnf 1 14m any. That fee wn made ptifoner at I'OrWnt, aisl hat while be iconnrttent perfoa cafe tt him, f7X he was athfit'd by the effker 01 the I'rnt ince to give him a paper, whkh he r-f ded Htmift, hUh ppr containd the feot?we oi coaUwntioi th? thip Cotnrorrc, as ptite to the r'rch Rpblk. Mr. rlf9ate4 ff the Defendaot, who it hit fm it tf, ibJ m ii inttftflrd U the 0t In'K.'Vio t and in th cowrie of tM snarkel of ttofeartklritbertwaiarrrstfloclaatU. pr- taculirlf loilwveof wan wbenaowaWr of veffirls cie hov trlhrr, th ptke of tke market sell. U Ihe iaiervat Wft the cxwiar of tvavot Utrvted xWf ftm from th (mt rtce the ftve m( ih market fell spin. It wia, therefvre, 4 jrreat adrtntsc ih trade to mp( off tar Jt?w fttM loth eer si arrtvaJ of the mips Uer toorof. Ui if sjj petfa wLed to tva over ihip witiatt convoy, the premium was ub- ufually hig and fob S trade would hardly bear, and therefore a great- number cf (lisps were em ployed as neutral, becaufe the underwriters will underwrite them at a lower premium. Such veflels as that which was now in queliion, were picked up by merchants, and they were pretended to be neutral. This Captain, who had Hated himfelf to be a Venetian, ml 'lit as well have lent his veflel to the Doge o Venice to wed the Adriatic as to call upon the Defendant to aniwer in this action. It was Hated that the only queltion would be in this cafe whether the veflel was or was not an A lnerican vellel entitled to the protection of neutral ity ? That certainly was the cjueftion ; in difcuf which it would not be luliicient to ihew that Ihe was built with American timber. It ought to be Ihewn that (he was a veflel entitled to all the bene fits of neutrality, and thatlhe wis free from cap ture by the laws of war. It was not the deliver) of any paper by the allured to t!ie underwriter, that conlututed evidence in fuch a cafe as this. It ought to be made tijaniteft, that the Ihip was not made a lawltil prwe, becaufe it (he was not law pn. he admitted that the underwriter 1 11 1 tully made was liable ; lor the allured 111 iuch a cafe as this could not wurrmt that injultice (houlcl notbedont by a belligerent nutun to the (hipsot neutrai pow ers, iiut inon ihe .uihoriiy ot acute uecuicu b Lord Man tii ta, it was clcur that if the vtfcel was not entitled to ihe benefits of neutrality, the under writer could not be liable forany lofs occaDonea by her capture1, that indeed wjs the ellabtifhed prin ciple of the law. He quoted alio tlif opinion acli- red hj I. nl k;nyn in a recent Cdle, in whicii is Lordlhip hiid'aid it down asa rule, thata (hip 1:1 i tit ne coiifknir.iu. bccaule lhc Had no tuISticni documenif on h. aui to prove her neutrality. Ihe ipullion in this cle wato be goterncil '.cry much by the treit) V-;vucn the tu nations, America and Krance, ami tl:at pait which .related to this 'jucUion, was tin-251I1 article. By this article, it vas required that evidence (huulJ be given of fhe neutrality, tint tl ere ihould be a fea Utter and p.i(Tport, anJ the iuuic of the commander of the .hip, (hewing, tlut really and truly the Ihip was neutral. I i.c Ihip mull have been recalled within a yer, and her certificate renewed if returned uitl.iua u'ar l hc pallport wls alio to be iigned by ti.el'reliilrnt of the L nitcd tatcs. Nowr we Ihould fee w hes iter the condemnation of this 3iip proceeded upon any collateral poind, or whether ihe was regular prize to the French Republic, ac cording to the la 1 of war and the right of nati ons, a fiihfidir between Amcr'ua ami trance. Ileic he readthefrntence of the Adininhy court t IWicnt, by which it w dated tint the veflel al'.eil tlie Li.i.., Antonio Callizecommamier, a a pretended American vcflicl, t'iat the papers jTalund wert not of the proper form , tlM the Vaptjin bad m-ttlie fen letttr required ; that the 1 a pi mi coofrjtril he h id uihd ithout Ihe lea let- iern lthc p-llimrt ; and the iudenient ol thitiourl .roii'iiKed upon thewh"'e nutter, thtthe Con ni'tcrhadno rc'iit io fltew A met ie in colours, anJ '.iKrclorc fhf watcotideniue.l at a lawful ptize to t)i trench lie public . I'aitne done thta, Mr. ttkint I ....... ..-.1. .1 l. 1. ..I .1 - t. . A,. I.IW, f v a'i I H iM '- u lt fU WWII m 1 v thai the umlcrwrncr mud be releafed troni all Ihe ccnfcjiieiuf of (Ik capture of tbWvrfJfl, and that the rUiniiU had no right (o rrcatrr in this anion. Mr. Utv proved the irlnllalion produced was a correct tr mljtioi of tbe fcatcoce uf the court of Admiralty at l'Orlnt S'.r. Lv on bcbUf if the FtaimLT, fu"f Aed, tMt there was no ev'nlrnce that lhi was the fen tfiurni tbr (o.im at 1 Orirnt. The witne f hd wn'.y fl it wa hrngHt lo him bf a prrfon whofaid he came from uthnrtty $ thrrewaa nnthine to fhrw that this was not an alKi?ned suthoritt." M at I lx fcal "f ihe court inrht tohave hceo pfofd, Kt l.nfd AVi fai4, that at Is proving Ihe (el of thetiiirt, or r4 any corporate Kodr, be wii quite (ire that fach thinr ever done be rercr heard of fticn s thin be 'mat done io his life. A ff al of any co-irt, or of siy Corporaiio, always pro ted iifelf. Aito the other oSfdio. that tHert principle of jullice. Thcfe pointsfhotUd be faved, 10 that Mr. Lav might brine the matter before the court, if he defired it, but his Lordhip thought himfelf bound to take all thcfe proceedings as re gular, and therefore he ordered them to be read. 'The policy of infurance was alio read. Lord Kinynn faid, he was of opinion againft the I'laintiif in this action. The policy itfelf amount ed to a warrant, thattlie veflel was an American veflel, nd that it was within the protection of France. Mr. Law faid, that upon the face of this fentence, theyhad Hated the law of America entirely, nnol not their own law. Lord Kenyan faid, he really did not fee that. They applied law to tha fa&. This was a fentence of the court of Admiralty, deciding on the right of all the parties. There certainly was no anibi , uity here. There were dated certain requifites to cutklc this flilp to the protection of an American veflel They were enumerated. It was ftated that thcfe requifites were not complied with ; that the Captain had not tbe psuTport, .-ami fealetter and that he had no right to (hew American colours and therefore concluded that the fliip was a lawful prize. It was eflcntial to us to pay attention to tt decifienscf tlieir courts of Admiralty, for they always piid attention to ours ; and we had much morc ot tliefe cafes than they had. It was eflcnti al to all the commercial nations of the earth to pay attention to the dicifion of each other's courts of Admiralty. Indeed he neVer heard of any comV plaiuts againll them, except once from tbe King of Prufiis, who laid, " he did not underftand thac four h'wytrslhouljl. decide any cafej that foor can non were much better." HisLordfliipfaidhewas dearly of opinion that the Plaintiff ought not to recover in tiiisiction. If Mr Las thought that opinian w .1.1 vt oirg, he might bring the queftiou be fore the co in upon amotion for a new trial; hit LordUiip Hiided that he wifhed tbe motion to be nude, for he always wifhed that his opinion fliould be rcvi'W' d. 1 1 i'ltr.ti:? was nonfuited. frctn ihe Farmer's Weekly Must cm. -v iv DLSK ok JJLRI IIESDIN. " (.MVK NO MAN ANT THtlfO. fyst'.ic niatj of trade "credit is the life :o.uii.. J lie man ol much iDiendor alio) S . a . . cxciai.ns it u tue lurport ol eletrance. talte and J'ajhxn and if we owe no man ay thing, what will becimieof our elegant buildings 1 ao4 to rh u would belonir our wares and rnerchan- uizef IK him, who earned then by early riling and at the f.vetnf Lis brow. I don't like the text, Hr, and it isnothint left than f oiiioii lo preuh it" whiUles through bit pipes ode, who carries barber's (bop on his bead. ind a pcdlr a wires at bis heels. Poor umplinjr. I ert I cfdn pitiriihcc, and the fpirlt of ciaritr bid 1 l.i.-.i turn from thee and pafs on to bis labours. Kwrt v fiinti art nil trmt la. In nrl tSa farall j ' w w i watt mk living, fav ilieprrail.tr ( Vk4 iided sod Bert I TctJi 1 iU ulc as many ifi si be plfafes) if ha works l tlerolrol l.onellv, rquarcihiiubors br confiirme, uwlfeHut umtt tih Hem. i'atlon My, Ko Ufomrtbingof t wit In look- log orr this pin of my fhuinmlHn obfened. it ti cyiii.dii as turu to icttie accounts witb b. vrn, - vc 0.1 Mli them on earth 1 it will helikO ihcd'druchaniir.rntof Dukitta. ' Ycmroufl koo w. atntle reader, that a bunch of parlfb tax bills lay uniffcnrJ U lore him. ih-i(. In this (hot t fenretKC is fi'ond rt ff rule of bappioefa than in sll tlve ranting of piulefophk namdslls, sod theitfiii midnc f. rte !e a.on 111 base it tlal the - jrcgtinn. in follow irg this snaiim, woold not apj'r r,l lo tthn1stjf. The prtacber be- lifTca h ,t tKy woold lok Iwkc al beavrnly j and that t!-t.ppf gHerks wosild have diCtttnt Vr. llo lrkinfaa ! WUlusMoit wowld witbe it ! .bt. lofe by it. sod vhe veneTablt WskH) of ImmtMrc lefi fuTiptoosiflf-lr.flead ol bes (it flight ad fleas gratis -1 woold be far lb be oe lit of P II and txi Uoip. Tbe re would wi no proof Ibaitheperfow wHobrooeht Ihdwco- I bf no (Valk'nt, in bltoJ allies to rictpa Mon&e'ar ment to the wiinefa, whilt la pfifoo, had soy so I Catchpo'e, am! taoidtbcptyawtt r4 boonl debts. tbof ity, be iHonght be was kwao4 to take thai so- 1 Vrr f0t mnn would drtBrd in flats (aMil, tbotity (tr graoted. If be repaired Wtler pxf I eslf"4mre agrabU tofitft, and jo tmt o4 that fait, be rateht rmairi an inr&bilitt. I fetter R'fp. &fstr would alk fcih rtav Andaito ibt detiforf the Cosirt of Aduiealty 'i I ed Unod1 garS a4 be Uely Uafli of Kltlt France, he aa bood alfo to tab it for jrant'd I wo-ald beau rartare loth tsh eve. Tr that It wl cefTrcl. Courts t4 Admiralty fff4- I f) Wtlhtfn wostld fht f(h"f , t4 tb ed aihothf 'adeUfaofis everv wbert 1 tbev fefts- I petiaf beas flialk behind hi tMrfr. er resirr o dd erery part of tbt iilltd woeld, st lest be I the brtai,n. 0 thloJ and tpfjrM W. J4l9, Xoi IV wifl Uaianlapoa oae gratxsl lUhAXiarUt sras4a J; laWirtf 14 tr it " i . TL I n
The State Gazette of North-Carolina (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 2, 1797, edition 1
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