Gazette Of The United States, & Philadelphia Daily Advertiser

BOSTON, September 21.

For the Centinel.

The public have before been informed of the capture of the brig Friendship, captain Smith, from Aux Cayes, for Baltimore. The following is the decree of the vice admiralty court at Halifax; and though apparently fair, is pronounced by captain Smith, to contain as much vice as could issue from any vice court in Bermuda.

WE Richard Bulkeley, Esq. Judge and (L. S.) commissary of his majesty's court of vice-admiralty, for the province of Nova Scotia aforesaid, and the maritime parts thereof, Having maturely considered the merits of a certain libel, exhibited to this court by Sampson Salter Blowers, Esq. his majesty's attorney general and advocate in the said court, who prosecutes for and in behalf as well as of his majesty, as the honourable Alexander Forrester Cochran, captain and commander of his majesty's ship of war Thetis, and the other officers and crew of the said ship, and Henry Wemys, Esq. captain and commander of his majesty's ship of war Prevoyante, and the other officers and crews of the said ships, respectively :— Wherein the said attorney-general, among other matters, alleges and sets forth :— That the said Henry Wemys and Alexander Forrester Cochran, being cruising in concert and together, in and with his majesty's said ships of war, under their respective commands aforesaid, being part of the squadron under the command of vice-admiral Murray, on the fourteenth day of July last on the high seas, about three leagues to the eastward of Cape Henry, on the coast of North-America, they fell in with and seized as prize, a certain brigantine called the Friendship, of the burthen of one hundred and fifty-five tons, under the command of one Thomas Smith, and being loaded with a cargo on board, consisting of sugars, coffee, cotton, molasses and other merchandizes, and having sent the same brigantine and cargo into the harbour of Halifax aforesaid, for adjudication.— And further stating, that the said brigantine Friendship, and all and singular the goods and merchandise, her cargo on board at the time of her seizure aforesaid, belonged to France, or to some person or persons being subjects of France, or inhabiting within some of the territories of France. And all the papers and writings found on board said ship, at the time of capture, having been read and considered, together with the claims filed in this cause, and the examinations taken in preparatory, under the standing interrogatories, and every other matter and thing requisite and necessary for a fair and impartial hearing and trial of the premises, having duly attended to, We do pronounce this our definitive sentence and decree thereon, as follows :— We do order, adjudge and decree, all and singular, that part of the cargo on board said brigantine Shipped by Edward Hall, and Denton, or either of them, as also the goods stated to be the property of Peter Borton, to be lawful prize to his majesty; and we do hereby condemn the same as such accordingly : and we do further adjudge and decree, That all and singular, that part of the cargo, claimed in behalf of Pettingill and Smith, together with that that Part of the cargo Claimed by Thomas Smith, as his private adventure, and also the private adventure of the mate, and one of the other crew's adventure, and also that part of the cargo claimed in behalf of Seth Sanger, together with the said brigantine Friendship, her boats, oars, tackle, apparel, and furniture, to be restored, and delivered up to the claimants, they paying such costs in the premises, as may be taxed and allowed by this court. And we do order and decree, That all and singular the remainder of the cargo on board, be unloaded, from the said brigantine, and deposited in some safe and convenient warehouse, under the joint custody of the marshal of this court, or his deputy, and the collector and comptroller of his majesty's customs, and under the inspection of the agent for the captors and claimants, subject to our further order and decree thereon, or further proof of the property be produced, either on the part of the captors or claimants, or otherwise as the court may decree right and just on the premises. Given under our hand, and the seal of the said court at Halifax, the 20th day of August, 1796, and in the 36th year of his Majesty's reign.

RICHARD BULKELEY.

C. Morris, jun. D. Register.

A true copy.

On the above truly formal, and as it would appear from this caption, sacred State-Paper (which the aboriginals of our country very pointedly call Pawwaws) the following observations may be made: —That that part of the cargo shipped by Hall and Denton, was bona fide the property of Stewart and Son, of Baltimore; and the following extracts from intercepted letters of Capt. Cochran to his agents Foreman and Gratie, will shew on what grounds it has been condemned—

" On board his Majesty's ship Thetis, at sea, Augu 6, 1796.

"On the 14th of last month, being in company with his Majesty's ship Prevoyante, we detained and sent into Halifax, the brig Friendship, of Newburyport, from Aux-Cayes, bound to Baltimore, laden with sugar, coffee, &c. &c. all of which is on freight, and the greatest part said to belong to Stewart and Sons, of Baltimore, who from being British subjects and trading, with the enemies of Great-Britain, make their property liable to confiscation ; this doctrine has been confirmed by the Lords of Appeal, in the case of the schooner Robert, condemned at Bermuda, taken on her passage from Guadaloupe, and belonging to Messrs. Patterson, of Baltimore.

. " I suspect that the remainder of the cargo is French property, covered or belonging to British subjects resident at Aux Cayes, which would equally make it attachable.

" The bearer will give you every particular information which should be lodged in the Court of Admiralty, and a copy of that or any other you may procure, you will oblige me by forwarding to Bermuda."

Capt. Cochran then refers to certificates and informations enclosed in his letters, which are necessary to be communicated to the persons concerned only, and concludes—

" I beg you will communicate this, and the enclosed to Messrs. * Blowers and Uniacke. I hope soon to send you some certificates of consequence, and am, &c.

Extract from the information.

Denton and Hall, of Aux Cayes, the former English; Stewart and Sons, of Baltimore, are Scotch.

" The certificates to be produced in evidence, and the bearer to be most pointedly interrogated."

* One is Attorney-General, the other Solicitor-General.

Mr. Sanger, of Baltimore, who has favored us with the above, had on board the Friendship a considerable quantity of coffee proceeds of a copper bottom schooner and cargo sold at Aux-Cayes. His property would have been condemned, he supposes, had he not arrived at Halifax, very opportunely, on the day of trial; the informers have given Capt. Cochran a false statement, on which the Solicitor-General did not fail to vociferate in a declamation of two hours and an half. Mr. Sanger is a native of Boston, and committed no other misdemeanor, than to have parted with his schooner for a price with which he was pleased.