The Pennsylvania Gazette from Philadelphia, Pennsylvania • Page 2

Propofition 3 That Lord Carteret, in hit faid two converfations, fptcified, in your Majeftf name, what goods Jhould be deemed contraband. Anfwer. The fact makes this queftion totally immaterial, becaufe no goods condemned as contraband, or which were alledged to be 3 i all the cargoes, mentioned in either lift, were reftored, excepting Anfwer, They muft have been inifunderftood for the law of fifteen, one of which is ftill undetermined. England fays, that all captures at fea, as prize, in time of war, in all the cafes in both lifts, juftice was done, fo entirely muft be judged of in a court of admiralty, according to trie law, or .1 to me conviction or uic private conicicutc uj uic truyian cidujidiiLa, that they have acquiefced under the fentences, without appealing exrcpt in one lingle inftance, where the part cf the fentence complained of was reverfed. Though the Pruffian claimants muft know, that, by the law 6f nations, they ought not to complain to their own fovereign, till mjjftice, in re minime dubid, was finally done them, paft redrefs and though they muft know, that the lule or the law or nations held nations: and particular treaties, where mere are any.

There never exifted a cafe, where a court, judging according to the laws of England only, ever took cognizance of prize, Proposition 5 That your majefty could no more creel tribunals for tryirg thefe mat' ters, than the king of Pruflia. i Ant wtr. Each crown has. no doubt, an equal right fc6 erect ad miralty courts, for the trial of prizes taken by virtue of their re more ftrongiy this occafion, becaufe the property of but neither has a right to try the prizes was given to the captors, and ought, therefore, to be litigated with taken by the other, or to reverie the fentences given by the otner them. The Pruffian, who, by his own acquielcence, iubmits to the captors having the prize, cannot afterwards with juftice make a demand upon the ftate.

If the fentence was wrong, it is owing to the fault of the Prujjian, that it was not redreffed. But, it is not attempted to be fhewrreven now, that thefe fentences wereinjuflr in any part of them; according to the evidence and circumftances appearing before the court of admiralty, and that is the criterion. For as to the Prvjjiin commiflion to examine thefe cafes, ex parte, upon new fuggeftiens it never was attempted in any country of the wcirM before prizes or not prize, muft determined by courts of' admiralty, belonging to the power whofe fubjeets make the capture. qtbly, They draw the following piopofitions, as having the appearance of objections'to what has been laid from what is alledg'd in the Prujjian memorial; and they have annexM to their anfwers, the authorities of the; beft writers of. feveral countries on the law of nations, and quoted many treaties in fdpport of them.

Propofition That by the law. of nations, the goads of an tnemy cannot be taken on board the Jhtp'of a friend and this the Prullian commiffioncrs lay down as tbebajis of all tbey have pretended to do. Anfwer. The contrary is too clear to admit of being difputed. It may be proved, by the authorities of every writer upon the law of nations.

It may be proved by the conftant practice, antient and modernj but the general rule cannot be more ftrongiy proved, than by the exception which particular treaties have made to it. Propopofition 2 It is alledged ibat Lord Carteret, in 1744, by two verbal declarations, gave affurances in your majefty name, that nothing on board a Pruffian jhip Jhould be feized, except contraband confequently that all ejfccls, not contraband, belonging to tbe enemy, Jhould be free, and that thefe affurances were afterwards confirmed tn writing by Lord Chelterneld, tbe ab of anuary 1747 tribunal. The only regular method of rectifying their errors, is, by appeal to the fuperior court Propofition 6. '1 That the fea it free Anfwer. They who maintain that propofition, in its utrrioft extent, don't difputebuti that when.jtwo poweri are JI)war, they may feize the effects of each other, upon the high Teas, and on board the fhips of friends therefore that controvcrfy is not in the leaft applicable upon the prefent occafion Propofition 7.

Great Britain iffued reprisals againjl on account of captures at fea, Anfwer. Thefe captures were not made in time of war with any power. I. I They were not judged of by courts of admiralty, according to the law of nations and treaties, but by rulesj which were themselves complained of in revenue courts The damages were afterwards admitted liquidated at a certain fum, and agreed to be paid by a convention which Was not performed, Therefore reprizals iiTued I but they were general. No debts due here to Spaniards were ftopped no Spanijb effects here were feized.

Which leads to one observation more. The king of Pruffia has engaged his royal word to pay the Silefa debt to private men. It is negotiable, and many parts may have been afiigned to the fubjecls of other powers. It will not be eafy to find an inftance where a prince has thought fit to make reprizals, upon a debt, due from himfelf to private men. There is a confidence that this will not be done a private man lends money to a prince, upon the faith of an engagement cf honour, becaufe! a prince cannot be compelled, like other men, in an adverfe way, by a court of juftice.

So fcrupuloufly did England, France, and Spain, adhere to this pub lick laith, that, even during the war, they ftlttered no enquiry to Arfwer. The fail makes this queftion not very be to be made, whether any part of the publick debts was due to fub caufe there arc but four inftances, in the two lifts, where jedlsof the enemy, tho' it is certain, many Englifh had money ii in goods, on board a rrvjjian imp, nave oeen conaemnea ana no latisfattion is pretended to be demanded, for any of thofe four cargoes in the two lifts. However it may be proper to 'hew how croundlcfs this pretence is Lord Carteret's words, even as they are ftated, dont warrant the inferences endeavoured to be drawn from them, as irrporting no new different from the law of nations but ex prefsly profefs to treat the PruJJians upon the fame footing with the fubiefts of Other neutral powers under the like circumftances, i. with whom there was no particular treaty For the reference to other neutral powers, cannot be underftood to communicate the terms of any particular treaty. It is not fo faid.

The treaties with Holland, Sweden, Rufiia, Portugal, Denmark, all differ. Who can fay which was communicated There would be no reciprocity the king of Pruflia don't agree to be bound by the claufes, to which other powers have, by their refpettive treaties, agreed No Prujjian goods, on board an enemy's fhip, have ever been condemned here and yet they ought, if the treaties with Holland were to be the rule between Great'Britain and Pruffia nay, if thefe. treaties were to be the rule, all now contended for, on the part of Pruffia, is clearly wrong. Becaufe, by treaty, the Dutch, in the laft refort, are to apply to the court of appeal here. Lord Carteret is faid twice to have refufed, in which monfieur drie' acquiefces, to give any thing in writing, as not ufuai in England.

Suppofing the converfations to mean no more, than a declaration of courfe, that juftice fhould be done to the Prirffians, in like manner as to any neutral power, with whom there was no treaty, there wag 710 occafion for inftruments in writing, becaufe in England the crown never interferes with the courfe of juftice. Lord Cbejlerfielans letter is explicit and in exprefs terms puts Pruffia upon the foot of other neutral powers, with whom there the French funds, and many French had money in ours. This loan to the late emperor of Germany, Charles the Vlth, in January 1734 5 was not a ftate transaction, but a mere private. contract with the lenders, who advanced their money, upon tns emperor's obliging himfelf, his heirs and pofterity, to repay the principal with intereft, at the rate, in the manner, and at the times in the contrail mentioned, without any delay, demur, deduction, cr abatement whatfietter 5 and, left the words and inftruments made ufe of mould not be ftrong enough, he promilesto fteure the performance of his contract, in and by fucb other inftruments, method, manner, form, and words, as jhould be mojl and valid) to bind tbe faid emperor his heirs, fucceJJ'ors and pofterity, or as the lenders fhould reafonibly defire. As a fpecific real fecurity, he mortgaged! his revenues, arifing from the dutchies of Upper and Loiver Silejia, for payment of principal and intereft and the whole debt, principal and intereft, was to be difchargji in thejreari74j.

If the money could not be paid out of the revenues of Sihjia, the emperor, his heirs and pofterity, ftill rema ned debtors, and were bound to pay. The eviction or deftrudtion of a thing don't extinguish the debt, or difcharge the debtor. Therefore the emprefs queen, without the confent of the lenders, made a condition of her yielding the dutchies of Silejia to his Pruffian majefty, that he fhould be in the place of the late emperor, in refpect of this debt. Alio renewed and confirmed by the fecond article cf the treaty between their faid majefties, figned at Drejden, the 25th of December, .1745. i Irn confideration of the emprefs queen's cefiion, his Prujjian majc has engaged to her, that he will pay this money, felon le contr rand conlequently has bound nimteir to nana in the place or was ho treaty, and points out the proper way of applying for redrefs thee' emperor, in refpect of this money, to all intents and 1 .1 i 1 1 .1 1 1 r.

ana tne yercai acciarauuiis 101 laiu 10 uc cunnrm a thereby, cannot have meant more than the letter exprefTes. Till 1746, the Ptujfian documents were, a certificate of the admiralty, upon the oath of the builder, that the fhip was Pruffian built and a certificate of the admiralty, upon the oath of the owner, that the fhip was Pruffian property. From 1746, the PruJJians engaged in the gainful practice of covering the enemy's goods but were at a lofs in what fhape, and upon what pretences, it might beft be done. On board the fhip the 3 Soeurs was found a pafs, bearing date at Stetin the 6th of 1746, under the royal fcal of the Pruffian regency of Pomerarda; allcdging the cargo, which was fhip timber, bound for port Orient, to be Prujjian property, and, in c'onfequence thereof, claiming freedom of tbe Jhip. Claiming freedom to the fhip, from the property of the cargo, being quite nw the propofition was afterwards reverfed t.

and on board a fhip, called the Jumeaux, was found a pafs, bearing date at Stetin the 2.7th of June tjtfi under the royal feal fc. alledg ing the fhip to be Prujjian property. And it ie remarkable, that the oaths, upon which thefe panes yere granted, appeared manifeftly to be falfe and neither the Cargoes, to which they relate, are now fo much as alledged to have been Prujjian property iri the faid lifts. It being mentioned, in the laid expojition des motifs, (Sc. that purpofes.

The late emperor couldnot have feized this money, as or even, in cafe of open war between the two nations, becaufe his faith was engaged to pay it without any delay, demur, deduction, or abatement wbatfoever. Therefore, fuppofing for a moment, that I his Prujjian majefty's complaint was founded in juftice, and the law of nations, and that he had a right to make reprizals in general, he could not, coo fifteht with his engagements to the emprefs queen, feize this money as reprizals. Befides, this whole ace ording to tbe contratl, ought to have been difcharged in 1745. It fhculd, in refpect of the private creditors, in juftice and equity be confidered, as if the contract had been performed; and the Prujjian complaints don't begin till 1746, after the whole debt ought to hate been paid. His majefty's guarantee of thefe treaties is entire, and therefore muft depend upon the fame conditions, upon which the cefiion was made by the emprefs queen.

But this reafoning is, in fome meafure, fuperfluous becaufe, if the making any reprizals upon this occafion, be unjuftifiable, which they apprehend they have fhewn, then it is not difputed, but that the non payment of this mony would be a breach of his Pruffian majefty's engagements, and a renounciation, on his part, of thofe treaties. To this piece is fubjoined, Mr, Peter TrapauaVs declaration of Moflf. Micbell, in September 1747, made verbal reprefehtations to his havinemade fatisfaction to the Prvffiansiot damaee received bv lord Cbefterftld, in refpect to the cargo, taken on board the faid the fhip St. John, contrary to the aflertion in the firft Prujjian lift, fhip called the .3 Soeurs, which was claimed as Pruffian property 5 This fhip was met in the Downei by the. Prince if Orange pri and no mention being made in the lifts, of the faid cargo .5 we di vateer, who fent 6 of his men on board her, and had the pilot and Tectcd the proceedings in that caufe to be laid before os, where it fhip papers brought on board him, to be examin'd.

As fhe lay at appears in the fulleit manner, that the cargo was timber, laden on anchor, a ftorm arofe, upon which the Prujjian captain, with the the account, and at the rifque, of French men, to whom it was confent of the Englijhmen, cut the cable and drove to fea, and got to be delivered, at Port VOrient, they paying freight according to charter afterwards into a port in Holland, where Mr Trapaud paid the capt. party. That the Prujjian claimant was neither freighter, lader, the feveral articles he charged for damages. or confignee and had no other intereft or concern in the matter, 1 than to lend his. name and confeience i for he fwore that the cargo I i St Jobnt, in Antigua, March 30.

was his property, and laden on or before the 6th of OSober 1746 We have Advice by the People of a Schooner, which arrived and yet the fhip was then in ballaft, and the whole of the cargo here laft Sunday, that on Friday, the 16th inftant, as they were in queftion was not laden before May I747. laying it along, 5 Leagues off the Southermoft Part of Guard a Several other Ptujfian claims, had, in like manner, come out fo loupj which bore S. S. E. them, about a a clock in the clearly to be merely colourable, that Monf.

Andri, from a letter Morning, theyefcryM a large Body of Smoke and Flame, mount er may ijune qj 1747, appears 10 nave oeen ainamea or them, ing with great Violence, which they took to be a Vefiel. on Fire. This Appearance continued about 25 Minutes, when Jt diffipated in the Air, like aVeuel blown up. Their Defire. to affift them was vain becaufe they were to Leeward, i 0 April 30, We are informed, that on the 1 3th Inftant, Robert and Ste fo, are fo murh as now fuggefted to have been Pruffian property in oheri Cooke were committed to Goal, in the Countv of Hamoflme: the lifts ana therefore, whether at enemy's property, or contra upon Sufpicion of having, on the nth Inftant, murder'd an Indian, band, they were either way rightly condemned and the bills of not far from the Town of Stockbridge.

It appears that the Men lading being falfe, the fhips could not be intitled to freight. had ftole a Couple of Horfes in the Dutch Country, and fearing 4 n. leaft they fhould be detetted, rid in the Night, and came (whether That the Brmih mmtflers have fatd, that thefe queftmt vxre de with Defign or accidentally we can't fay) to a very By place out tided according to the laws of England. earlv thev came to the faid Indian's Wiewam, who haonened net 4 4 be at home, but not long after returned from Hunting, and being informed that acouple of Englilhmen had been there with two very goodHorfes, but neither Saddle nor Bridie and concluding that they had ftole the Horfes, he went after them, and found them not far from his Wigwam. What Provocations the Indian offered we can't fay However an unhappy Quarrel began they difpoffefs'd him of his Gun, with which they fhot him thro' the Body, and with his own Hatchet they chop'd him quite into the Neck Bone, and with two other mortal Wounds onj the Hsad left him, taking his Gun and Powderhorn which they afterwards hid, burying the Gun under Ground.

The Verdict of the Coroner's Jury under Oath was, Tbe faid Indian was wilfully and malicioujly murder by tbe faid Per font. Thus to cover one Sin, more heinous are many Times committed. By Capt. Robbins, who arrived here laft Monday, from New Providence, we are informed, that Governor Tinker arrived two Days before he fail'd. Saturday laft a VefTel arrived here from Fyall, the Matter tf which informs, that juft before he left that Place, a Ship came in from Hamburgh, and brought Advice, that there was a great Pro fpectof a War in a very fhort Time.

NE YlORK, May 7. Extracl of a Letter from Madeira, dated March 23, 17531 Laft Week a Yatcht arrived here from Lifbon, fhe brought no Letters except one to his Excellency upon Receipt of which, Orders' were'given to put up Advertifements in all publick Places, ftrictly forbidding all Vefiels bound to the Brazils, to depart within two Months, nor even then I without his Excellency's Permiffiori The Conjectures on this Affair are various fome impute it toa Difference between the Courts of Spain and Portugal others fup pofeitto be owing to the Failure of the Diamond Merchants of Brazil, that have contracted with the King of Portugal, fuppofing he is determined to feize upon the Effects of thofe Merchants within his Dominions." On Saturday laft arriv'd here Capt. Coffy, in 20 Daysfrom St. Euftatia. He fays, thatjtwo Brigs belonging to Rh.

and bound to Barbados, were oblig'd to put in there a few Da'yjj before he fail'd, one of 'em having loft her Mafts, and both of theni all their Horfes. i ThUrfday laft John Rian was whipped at the Cart's Tail," fof picking a Pocket Book out of a Geatleman's Pocket in this City, as he flood in the Market. Yefterday Capt. Viner Leaycraft afrfved here in 2 Days frorh' Coracoa by whom we learn, that the Spaniards and Coracoers con i tinue to make Reprifals on each other, as if War had actuall)4 been declared between the two Nations and that a few Days before he failed, two Dutch Privateers meeting with a Spanifh Schoon er eaa'd her of a Cargo of Cocoa, and then difmiffed her. Cufiom Hcufe, New York, Inward Entries.

Sloop Brook Haven, J. Moarowfrom Ifland. Sloop Morning Star, J. Bennet, and Sloop Weymouth, S. Concklin from Bo fton.

Sloop Martha and Hannah, I. Sears from N. Scotia. Sloop Mary, T. Brickell from Virginia, Brig William, J.

Walker from N. Carolina. Sloop Charming Sally, H. Law from S. Carolina.

Sloop Free mafon, R. Harris from Tortola. Sloop Bumper, A Hunter from St. Chriftophers. Sloop Sufannah, S.

Hazelite from 'Barbados. Brig William and Mary, Settle from" Liverpool and Barbados. Outwards. Sloop Rofe, J. Clark for Philadelphia Sloop Bumper, A.

Hunter for Iflands. Brig Polly and Fanny J. Ball for Antigua. Sloop Dragon, S. and Sloop Rambler, L.

King for St. Kitts, Sloop Rachel, T. Phenix for Madeira. Snow Albany, P. Corne for Hamburgh, in Geared, Sloop Nightingale, P.

Van Denburgh to R. Ifland. Schooner Relief, J. Seymour, and Sloop Black Joke, T. Tucker to S.

Carolina. Sloop William and Mary. J. Sawyer to Sioop John, B. Bethel to Jamaica.

PHILADELPHIA, May 10. By Letters from Virginia, dated the 10th of April, we have the following Advice, viz. That an armed Company of Indians, confifting of Ottowawas, and Connywagas, headed by one ot the Six Nations, and a white Man, me: with fome Penrfylvania Traders, at a Place called Kentucky, about 150 Miles from 'the Sbaw nefe on this Side AiHgher.y River, and took eight Pfifo ncrs, five belonging to Mr. Croghan, the otner three to Mr.Xow ry, and with Goods to the Value of. upwards of, Three Hundred Pounds.

Three of John Finley's Men wee killed by the Little Pick Townj and no Account ot himfelf Michael Tattet People were robbed near the Lakes, by Indians, with one Frenchman in Company three Hund red Ottowawas were expected at the Lower Town, and another Party of French and Indians were coming down the River j. the Indians are in fuch. Confufien, that there is knowing who to truft to, and it is thought will all go oyer to French, as they expect no Affiftance from the Ehglijh. And by Way of New York, there is this further Intelligence, fl viz. That an Army of French and Indians, to the Number of 1200, befides the Battoe men, were feen by fome cf the Six' Nation Indians', the Middle of April laft, in their well equipped for to Cadaracqui, a French Fort (and the nfual lace or rendezvous htuate near the ait tnd 01 iaice (Jntario, among whom were a great many Officers, and young Gentlemen This Information was fent by the Chiefs at who gave it at the fame time, as their Opinion, that if this Armament paffed peaceably by their Caftlcs, it was certainly, defined againft the Obit Indians, Twigbtwees." j.

We bear that the Schooner Argo, Capt. Swaine, who was fitted out from this Port by a Number of Merchants of this and the neighbouring Provinces, and failed hence on the fourth I of i March laft for Hudfon't Bay, on the Difcovery of the Nortb lVefi I tUuc, uaviuf vuuvia ti, uic tii anna ucr iac ucu, auu Portsmouth, in New England, to.taico in her Compliment or and loroe particular NecelTaries, took her Departure from the flatter Place on the 15th of all well on. board, and in high Spirjtsi From Maryland thero is Advice that about three Weeks ago. trie Negroes in bonurjet County a Dcugn ot riling, under the Direction cf a free Mulatto tir Scheme was to have robb'd and murder'ti feveral confidejabie Gentlemen in the Neighbourhood 5 to have feized the County Arms; and to have deftrojed all that opppfei. them But their plot was happily discovered, two Daya before it was to have been put in Execution, by a NegrCe'thzi had been a iked to join 1 them, and whofe matter was one of thofr defigned.

for. Deftructiont Upon, which the Mulattoe, and about 20 of the Negroes, were up, and confined and he (the Mulattoe) and one of the 'Negroes, are to be tried tor their Lives j. the others have received c.orpoiral Junifhment. the 26th ult. at a Ccurt of.

Oyer and Terminer held at York, one John 3 wait was indicted, and found gui.ty, of the Murder of 'John Retly, and received' Sentence of Death. And 01 the Monday following Catherine Reynolds was tried at Lan caftcr, for the Murder of her Ballard Child which being cicaxly prov'd 'againft her, fhe likewife received Sentence of Deatn. And' lVefion Rakes, and Boyd, were indicted Yor the Murder c. Catherine Shreiner when Boyd was acquitted, and Rakes touodY guilty frr which he was burnt in the Tuefday laft Capt. WiUiam Uafeiion arrived here from Jamaica in his PafTage he took, up," and brought in with him, Part of the Crew of the Ship Two Capt.

Coates, of London, who caft away (homewatd bound) in the Gulph of Florida, on tfee 27 trv of laft Month the ief of the Peopl were taker. Up by Capt. Bellamy, defign cd tot London. I At a Meeting of the Contributors the Pennfyivania Htfpitd at the Court houfe on Alonday the following Perfons were chofen Managers and Treafurer fgr the enfuing Year, viz. jfcjbua Crcfby, Benjamin Franklin Ifrael Pembencn, junior, "John Ssnitb Urn liTil ctt a IFTTTfTITfiril iffirrt 1 TT7T77TT 11.