North Carolina Gazette

              " - *"" - *■ ». jl x j a \ i a 1 * "* r » m e-4 r j r i vol 9 saturday auguft i6 9 17 (** 449 cr.ptuin to proceed direcc'y to that that the fcfaooner af r clearing the ' and tteered a courfe for feveral da 3 as died for cnarlefton as the winds and o her cir cumftances would permit ; our : . ::: after wards he m t with very tcaipeftuous wea ther which lafted wicb little or no intcr miffion tor t n days : ad finally f reed her for trie preferratioa o : f the lives of the c ■• r to bear away for new providence ivhers he arrived un me 15th day ai april af ter the evidence was clofed lie caufe was iiienuouiiy argued bj couniel on bo h fides but the courifel on the p rt ok the united states explicitly admitted that th conduct or meflrs bernardus swart*oa and son wa s perfeaiy irreproachable j as thz evidence did not furnioi the leal ground for f u?po . fing that they had riot really intended the voyagtf to charleaon or that they were in nny degree privy to the voyage to new pro vidence xhe counfel having concluded their arguments the judge of the diitridt intimated his perfuafiun of the abfclutc nel cei;r.y which compelled the fchooncr to'^o to new-providence j bur took tirac to a°i vife upon the conftruaiori of the ilatute on which the fuit was fou dcd on saturday the 19th inftant the fudga prccee led o pronounce his drcree jt tht cafe •, alter ftaring the point in coatrov-erfy in a perfpicuous manner and j idicioufly re marking js we'i u:on the fa<=>s as the co 1 flru:rio of theftatute the judge declared it as his op ; n on that the evidence left no roomtodoun that the fchooner went to new provide jce through i ne , itable n of fity and that under all the circu siftjnces of the cafe ; ihe had not proceeded on a fo reign voyage ; wherefore he ordered and decreed that the libel be difiniffcd and her cargo bereilored to the owners but with out cofts with regard to cofts he judge obferved that there w4sfufficient reafon tojuflify the colleaor and attorney for the diflri ft in feizing and libelling the fchooner and her cargo and that they h d do ie nothing more than what the law required of attentive und faithful officers this trial cannot fail to give p'eafurs to our readers whilit on the on : hand ir will refcue the characters of meflrs bernardus swartwout and son nd the captain of the fchoon-r prince and liberty from the ftig ma of having violated riot or the acl c cdngrefs for regulating the co ming trade but aiio the iate embargo ; it will on the 0 thercdnvince the unprejudiccj that our public officers are iigilant and impari.a in the difcharge of their duties 1 he decree above mentioned is in the foj lowing words . at a fpecial diftrict cojrt ci the united states held for the diltri of new york at the city of new-yoik on sa turday the i 9 ih day of july 1794 at ia o'clock a m prefer.t the hon john lau ranee efq judge cf thediftria ihe united states vs the fchooner prince and liberty b^rnar dus swartwout and bernardus swartwout jun claimants his honor the judge having taken time to advife in this caufe until this d:iy doth now order fentence adjudge and decree thai the libel filed in this caufe be difmif fed without coils and that the fcho m er prince and liberty and her cai-^o menti oned in the lid libel be difcharged from ai reft and be reflored ro the claimants b:t nardus swartwout 2::d eernardus swart wout jun a true er/.raa from the minutes r.troup clerk a letter from montreal dated july h to a gentleman in this city fay ' : tor this london may 23 r phi3 mcrniag mr brooks the k"ng 3 x meffsnger arrived with difpatches fromhiarpyal iiighnef the duke of york dated may 2 1 . ' by the fame conveyance we hive letters from our corr?!pondents in the army we find a 3 we ycftcrday flared t;;.i the -'!• j armies under us royal highnefs had met with a check i:i which from five to eight hundred men were killed and wounded and fome pieces of light artillery were loll report faid to the number of thirty general fox's biigaue which was de tac ed from the main io-cc fuffered moit — they were furrounded by the french but alaways drove them who attacked theaa in the front 1 he 43d have li ft 180 men the four teenth and thirty fevenrhjabout co each • bu it is fupoofed that them ft of ■;. tri re taken prisoners brevet m ; v - brown of 1 he 14th who commanded the regimen i,i the abfence of m jr rofs was ihot through the body an lefc in rke lie j captain cock who coiiirianded jic 37th regiment sir c rof leing fick was kil led colonel ludiow as we have flated has lolfc an arm bir william erficinc who comr-nand^d another column was fj-d to have m t with a very fuperior number of t!ie frencli at comines to which he had advanced the helfians who wt;re with him fought moit bravely and the emperor's troops who were to join fome of the columns came up opportunely and obliged me carmagnoles to retreat the above check by no means fo con bderablc is it was at firft rcprcientcd has not hid much effect upon the fpirits of ihe britifli army on the 20th his royal highnefs gave it out in general r rders " that he thanked the troepi for their bravery and good conduct in the late engagement with the enemy who owing to their great fuperiority of numbers and the ground on which they engaged had obtained fome trifling advantage in their having been obliged to abandon to them fome of their artillery : but he trufted that fuch a circutn ftance would not difptritthe tiny he had the honor to command am he hoped that iu a fherttime t ey would repay with in tereit any bfs they had faftained colcnel craig adjutant general of the brifi'ii army in flanders arrived in town this morning new.yore july 21 on monday the 14th infiant at no clock at the city hall in this city the fait lately inftituted in the diftricl court for this diftri£l in behalf of the united btatesj againtl the febooner prince and li berty and her cargo owned by meffrs bernardusswartwoutand son was brought to trial the libel charged thatuie fchoo ner being enrolled and licenfed for carrying on the coafling trade had proceeded on a fore'.gn voyage from this city to new providence one of the bahama iflands without firlt giving up her enrollment a'.id licenfe to the cclleclcr the owners in their anfwer to the libel denied that the fchcoher had proceeded on a foreign voy age r.tici infiftcd that ihe fiiiled on the 29th day of march lad from th s city on a voy age to charlefton in the late of south ca rolina : bur wws compelled by rtrels of wea ther to pur in to xew-providenee upon the trial a number of witneffes were exa mined ontlie part of the owners who fro ted moft fatisfaciorily that the fchooner obtai«ed a clearance from this to city charlefton ; that he owners inftructed he north c a rolina in general afftmhly july 6 i 794 . rcf'avsd that his excellency the governor be requeiied to mice the inoft effectual nsea lures to obtain a true and accurate ltatemenc oi all the arms and military ilores in this fiatc and fay the fame before the next gene ral afiembly and whereas it is abialutejy nectflary tlxat t'ic ni!i;i,i of thidflaie ihoiild be arm ed aiid equipped accdrding to law in crcler to defend and protect their fights r.nd privi led^es frorii the attacks jf ibrei«.m enemies itrfolved therefore that ihe members of the prefeht general aflembiy make inquiry in uieir feipective counties oi cheopportunity and probability of procuring mechanics for the purpole of fabfiearmg arms in this ftatej provided the manufacture of that article fliauld be found expendiect to be eftablilhedj and cofririiunicate the refuk of their inquiry to he next general aflembiy ; refohed that his excellency th governor be requefted to forward to the prefident of the united states a copy of tiie foregoing resolutions and alfo to caufe a publication thereof to be : ulc in the gazettes pubiiihed i:i the towiii of newbern and halifax n this ft ate william lenoir s s , by order s iiavwood c s john leigh s h c by order j hunt c h c be it known to all whom it xv.zy con cern that the building in the town oi newbern common'y called the pa l ce together with its out hou'es md the lots thereto belonging are for fale : and tliat the fubferiberc were irpo nfed by tlic general aflembiy in january laft com miirioners for receiving prbpolals from any perfonor perons inclined to pur chafe them : and that iu compliance with the ireci:ion3 of the a£l appointing them the faid com miflioners will at any time between this day and the h'rir day of january next at their refpecllve houfes receive propofala in wr.ting or btherwife william nash hiusbon ugl john allen 1 , cat-tail craven william e lord brunpwick jfeivber/t july 16 now in the press private acts of the general assembly of north-carol1na the fubicription is 40c — from f.ich per fons as are known to the printer or have encouraged his former undertakings by fabferibing either to his judice statutes or gazette he will expe£t no advance mo usy a wiih to provide again ft deception impofeson him the npceflity of requiring a fmall earneft from all others to wit j ten shillings any perfon who will fubferibe and be come accounable for fix copies will be enti tled to the feventh gratis the expediency of the undertaker know ing what number of copies will.be warned te'iv!cr3 it neceltary that application houid be rrv.de early the gentlemen who fuperintend a prefs cr a poll c'ffice in this ltate are defiredto afford their rud to the undertaking application by po'l poftage paii or o therwife will be rhanfully attended to as this collection will contain all the town afts the commiltioners of the differ en towr^sinthis state are fuiicited to con f r of the propriety of procuring copies tor their refpe&ive offices