PROCEEDINGS OF THE TRIAL OF THE SHIP TWO FRIENDS, IN THE Court of Vice Admiralty IN BERMUDA.
COPY.
PHILADELPHIA: PRINTED BY ORMROD AND CONRAD AT FRANKLIN'S HEAD, No. 41, CHESNUT-STREET. M.DCCXCV.
PREFACE.
THE intent of publishing this case in a pamphlet, was not merely to multiply copies with facility, to lay before the underwriters, and to transmit to the British court of appeals, and the agent of the United States in London—but, also to shew to the public at large, as well as the members of our government, in particular, an unequivocal instance, of the slight, and groundless pretences, on which American property has been seized and confiscated in Bermuda—Here is a case in which the averments, sta [...]ed against an American ship and cargo in the libel, are these,
PROCEEDINGS, &c.
At his Majesty's Court of Vice-Admiralty, held on Monday the 17th day of August, 1795, for trial of a certain Ship, called the Two Friends, whereof Samuel Williams was master, captured by the private sloop of war the Favorite, Josiah Basden, Commander—
Before the Hon. JOHN GREEN, Esq Judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
THE Court being opened by the usual Proclamations,
His Excellency the Governor's Order for holding a Court, was read, and is as follows, viz.
BERMUDA.
BY his Excellency James Craufurd, Esquire, Governor, Commander in Chief, and Vice Admiral of these Islands.
To the Hon. John Green, Esq Judge of his Majesty's Court of Vice Admiralty in these Islands.Ja. Craufurd.
BY virtue of the power and authority to me given, I do hereby order and direct, that you, the judge aforesaid, call and hold [Page 4] a court of Vice-Admiralty, at the sessions house, in the town of St. George, on Monday the 15th day of Aug. inst. for trial of a certain ship called the Two Friends, whereof one Samuel Williams was late master, captured on the high seas, by the privateer sloop Favorite, Josiah Basden commander, then and there to do, execute and perform, in and concerning the said ship Two Friends and her lading, &c. as fully, amply and effectually as any judge or judges of said court, in any of his majesty's American plantations can or may do, perform, or execute, according to your oath and duty, and the tenor of the commission already granted you, as judge of said court.
Mr. advocate general then moved the court for leave to exhibit a libel in behalf of Josiah Basden commander, and the owners, officers and crew of the private sloop of war the Favorite, which was admitted and filed and is as follows, to wit.
The libel of Josiah Basden commander of the private sloop of war called the Favorite, on behalf of himself and all others interested, against a certain ship called the Two Friends, her cargo and lading,
Humbly Sheweth,
THAT his most sacred majesty, George the Third, king of Great Britain, and so forth, by [Page 5] his commission under the seal of this honourable court, bearing date the twelfth day of March, in the year of our Lord one thousand seven hundred and ninety five, di [...] grant, commission to, licence and authorised the said Josiah Basden to set forth, in a warlike manner, the said sloop under his own command, and by force of arms to apprehend, seize and take by and with the said sloop and the crew of the same, the men of war, ships, goods and effects belonging to France or others inhabiting within their countries, territories or dominions of France, and to bring the same into such port as shall be most convenient, in order to have them legally adjudged in such Admiralty court as should be lawfully authorized within the British dominions, and the same ships, vessels and goods so finally adjudged and condemned in such sort and manner as by the course of the admiralty has been accustomed, to sell and dispose of as by the said commission may more fully appear. And the libellant sheweth, that pursuant to his said commission, the said Josiah Basden in and with the said sloop and the crew of the same, on the high seas and within the jurisdiction of this honorable court, on or about the first day of August, in the year of our Lord one thousand seven hundred and ninety five, in the latitude of thirty eight degrees north, and longitude of sixty three degrees west from the meridian of London, did meet with, seize and take a certain ship, called the Two Friends, of the burthen of three hundred and seventy tons, commanded by one Samuel Williams, and laden with wine, brandy, and sundry other articles of merchandize, and hath brought the same into this port for legal adjudication and condemnation [Page 6] as prize; for that the said ship Two Friends, together with the cargo and lading thereof at the time of capture, did wholly or in part belong to subjects of France, or others inhabiting within their countries, territories or dominions, and that the said ship was bound on a voyage from Nantz, in France, a port in the possession of the French, enemies of our sovereign lord the king, to some port on the continent of the United States of America—And the libellant sheweth, that the cargo of the said ship is of the growth, produce and manufacture of France—And also, that the said ship Two Friends, at the time of her capture, was found without and actually had not all such necessary true and genuine papers and documents as trading vessels are required to be furnished with in time of war, for the more certain substantiating the true and undoubted property of and in the said vessel and cargo, but also, that the papers so found on board are false and colourable:—Whereby and by reason of all and singular the said premises, and by virtue of the said commission so granted as aforesaid to the said Josiah Basden, and of his majesty's instructions accompanying the same, the said ship Two Friends, together with her tackle, apparel, furniture, boats and lading and every thing else on board are became forfeited, and being first adjudged and condemned as lawful prize, are to be disposed of agreeable to the law and powers in the said commission granted the same as if they were the vessel and effects of open enemies. Wherefore the said libellant humbly prays, that by the sentence and decree of this honorable court the said ship Two Friends, with her cargo and lading and every thing else on board at the time [Page 7] of capture, may be adjudged and condemned as lawful prize to the use of the said Josiah Basden and the owners, officers and crew of the said private sloop of war, called the Favorite, according to the laws of nations, the right of arms, and the said commission.
Mr. Advocate General then moved the court, that proclamation may be made, That if any one can ought say why the ship called Two Friends, her boat, tackle, apparel, furniture and lading, &c. now libelled against should not be forfeited according to the prayer of the libel filed in this court, that they may now come forth and they shall be heard. Proclamation being accordingly made three times, and no claimant appearing, Mr. Advocate General moved the court that the first default may be entered. Ordered and entered accordingly.
Then appeared Thomas Smith, prize-master of the ship Two Friends, and delivered in the court (on oath) the papers found on board of the said ship, which are as follow, to wit:
Thomas Smith, prize-master on board the ship Two Friends, being duly sworn, deposeth and saith, that the papers by him now deposited in the Registry of this honourable court were found on board the said ship Two Friends, taken on the high seas by the private sloop of war called the Favorite, on or about the first day of August instant, and now libelled against in this honorable court: And this deponent saith, that the said papers are deposited as he received them, [Page 8] without any fraud, addition, subduction or embezzlement to his knowledge.
PERMANENT. No. 273. IN pursuance of an act of the Congress of the United States of America, entitled, "An act concerning the registering and recording of ships or vessels." John Swanwick of the city of Philadelphia, merchant, having taken or subscribed the oath required by the said act,JOS. NOURSE, Register. and having sworn that he, said John Swanwick, is the only owner of the ship or vessel called the Two Friends, of Philadelphia, whereof Samuel Williams is at present master, and is a citizen of the United States, as he has sworn, and that the said ship or vessel was built at Philadelphia, in the State of Pennsylvania, in the year one thousand seven hundred and ninety three. Per former register, No. 7, issued at this office, 20th January last, now delivered up to be cancelled;ARCH. ENGLE D. Coll. And Walter Stewart, surveyor of his district, having certified that the said ship or vessel has two decks and three masts, and that her length is one hundred feet nine inches, her breadth twenty nine feet, her depth fourteen feet six inches, and that she [Page 9] measures three hundred seventy and 66-95 tons; that she is a square sterned ship,W. TILTON D. Off. has—and no head; and the said Samuel Williams having agreed to the description and admeasurement above specified, and sufficient security bring given according to the said act, the said ship has been duly registered at the port of Philadelphia.
Given under my hand and seal, at the port of Philadelphia, this seventeenth day of November, in the year one thousand seven hundred and ninety four.
BE it known, that leave and permission are hereby given to Samuel Williams, master or commander of the ship called the Two Friends, of the burthen 370 66-95 tons or thereabouts, lying at present in the port of Philadelphia, bound for Nantz, and laden with tobacco and rice, to depart and proceed with his said ship on his said voyage, such ship having been visited and the said Samuel Williams, having made oath before the proper officer, that the said ship belongs to one or more of the citizens of the United States of America, and to him or them only.
MOST serene, serene, most puissant, puissant, high, illustrious, noble, honourable, venerable, wise and prudent, lords, emperors, kings, republics, princes, dukes, earls, barons, lords, bargoma [...], schepens, counsellors, as also, judges, officers, justiciaries and regents of all the good cities and places, whether ecclesiastical or secular, who shall see these patents or hear them, read—We, Robert Henry Dunkin, Esq notary, make known, that the master of the ship Two Friends appearing before us, has declared upon oath, that the vessel, called the Two Friends, of Philadelphia, of the burthen of about 370 66-95 tons, which he at present navigates, is of the United States of America, and that no subjects of the present belligerent powers have any part or portion therein, directly nor indirectly, so may God Almighty help him—And as we wish to see the said master prosper in his lawful affairs, our prayer is to all the before mentioned and to each of them separately where the said master shall arrive, with his vessel and cargo, that they may please to receive the said master with goodness, and to treat him in a becoming manner, permitting him upon the usual tolls and expences, in [...] and repassing, to pass, navigate, and frequent the ports, passes and territories, to the end to transact his business, where and in what manner he shall judge proper: Whereof we shall be willingly indebted.
Shipped in good order and well-conditioned, in and upon the good ship called the Two Friends, whereof is master for this present voyage Samuel Williams, and now riding at anchor in the river Delaware, and bound for Nantz, to say, eight hogsheads of tobacco, on account and risque of the shipper master of the vessel, being marked and numbered as in the margin, and are to be delivered in the like good order and well-conditioned, at the aforesaid port of Nantz, (the danger of the seas only excepted) unto or his assigns, he or they paying freight for the said goods.
In witness whereof the master or purser of the said ship hath affirmed to two bills of lading, all of this tenor and date; the one of which bills being accomplished, the other to stand void.
INVOICE of the following Merchandize, shipped by JOHN K. HELMUTH, on board of the American ship TWO FRIENDS. Captain SAMUEL WILLIAMS, on account and risk of JOHN SWANWICK Esq a Citizen of the UNITED STATES of AMERICA, and to him Consigned.
No. 10—5 Trunks, containing, viz. | |||||
56 pieces 60 ells silk loops, of sundry colors, a | 15 | 840 | |||
168 | ditto | No. 60 | 12 | 2016 | |
129 | 36 | ditto | 27 | 3483 | |
55 | ditto | 15 | 8 [...]5 | ||
61 doz. black silk ribbons | 15 | 915 | |||
35¾ dozen thread and silk bat bands | 18 | 643 10 | |||
249 sundry black nar. ribbons, plain & spotted | 4 | 996 | |||
30 pieces of 24 ells silk ribbon, called pacloux | 7 | 210 | |||
5lb. fine red Grenada sewing silk | 200 | 1000 | |||
5lb. sudnry colours | 150 | 750 | |||
3lb. red common Grenada | 150 | 450 | |||
3 doz. silk velvet black ribbons, No. 150, | 70 | 210 | |||
7½ dozen | ditto | 140, | 65 | 487 10 | |
3 | 120, | 60 | 180 | ||
3 | 110, | 55 | 165 | ||
5 | 90, | 50 | 250 | ||
4 | 80, | 45 | 180 | ||
10 | 70, | 40 | 200 | ||
19 | 60 | 35 | 665 | ||
20lb. 6 oz, strong hair ribbon | 150 | 3056 5 | |||
90 doz. black ribbons for hats, containing 24 ells, | No. 11/2 | 8 | 720 | ||
102 | ditto | 1 | 10 | 1020 | |
56 | 11½ | 12 | 672 | ||
114 pieces of 30 ells silk trimming edgings | 8.10 | 969 | |||
62lb. sorted twisted silk for sewing | 120 | 7440 | |||
6lb. 40z. fine rose pink | 140 | 875 | |||
49½ ells blue silk stuff called Prusienne | 21 | 1031 12 6 | |||
16⅝ 69 5-8 silk and thread cloth, shaved 43 close, for widow's mourning | 18 | 1073 5 | |||
1 piece fine pink crape | 150 | 150 | |||
57 5-8 black, pink and blue gauze of Italy | 9 | 518 12 6 | |||
[...] 22 dozen forced salined ribbons, | No. 11s6 | 33 | 4026 | ||
9 | ditto | 9s6 | 30 | 270 | |
1192 | 3 | 7 | [...] | ||
Carried over. | £41831 | 15 | |||
[Page 13] Brought Forward | £44831 | 15 | |||
12 doz, assorted fat ribbons, | No. 5 at | 10. | 120 | ||
24 | fine pink, | 11s6 | 36 | 864 | |
10 | ditto | 38 | 8 | 832 | |
234 pairs of sorted silk gloves for women | 13 | 3042 | |||
276 stockings for men | 42 | 11592 | |||
133 for women | 36 | 4068 | |||
1512 piec 60 ells sorted silk trimming lace | 36 | 18432 | |||
16 rose pink | 40 | 640 | |||
4 pieces hair ribb. conta. 5 doz. a piece | |||||
1 | No, 3½ at | 65 | 260 | ||
8 | 4½ | 70 | 560 | ||
2 5 | 5 | 75 | 275 | ||
Trunks and packing of the above | 375 | 5 |
I. S. No, 6. One trunk containing as follows: | ||
19 Umbrellas | at 60 | £ 1140 |
20 | 90 | 1800 |
18 | 100 | 1800 |
18 | 70 | 1260 |
24 | 65 | 1560 |
36 | 80 | 2880 |
48 pieces black ribb. | 15 | 720 |
No. 7. 5 | 12 | 60 |
11220 | ||
136 doz. 3-4 fans at 12/10 | 1709 | 7 [...] |
No. 8. One trunk containing viz: | ||
12 dozen fans | at 12/10 | 150 |
6 piec. 94 shawls ea. 7-8 | 45 | 4230 |
13 208 3-4 | 26 | 5408 |
26 Baffeta chintz 260; el.½ | 30 | 7815 |
2 pieces 321/2 | 30 | 975 |
9 printed musl. 1291/4 | 25 | 3231 5 |
3 cambrick 45 ells | 52 | 2340 |
17 white gauze 2247-8 | 10 | [...]2 [...]8 15 |
121 lb. 3/4 silk for sewing | 100 | 2175 |
28573 |
No. 9. One trunk containing viz: | ||||
1 | black mode ⅜ 1463 ¼ el. | at 45 | 3791 | 5 |
2 | [...] | 40 | 2590 | |
3 | 50 | 30 | 1500 | |
4 | 3 doz. gloves 54 | 54 | 163 | |
5 | 4 ditto | 50 | 100 | |
6 | 11/2 ditto | 72 | 108 | |
7 | 100 p, taste narrow rib. | 60 cls. | 3800 | |
8 24 silk shawls 5-4 | 120 | 2880 | ||
3 doz. gloves | 70 | 210 | ||
4 ditto | 60 | 240 | ||
20 p. embroidered black gauze 394 ells | 10 | 3940 | ||
19421 5 | ||||
Carried Forward | £ [...]47665 12 6 |
[Page 14]
No. 9. One trunk containing as follows: | ||
1 piece embroidered bl. sattin 5-8 40 ells | at 33 | 1320 |
2 pieces black mode 1/2 | 51el24 | 1224 |
1 31 | 22 | 462 |
3 5-8 70 5-8 | 27 | 1006 17 6 |
1 30 2- [...] | 28 | 847 |
2 601/2 | 30 | 1995 |
7754 17 6 |
No. 9. One trunk containing as follows: | ||
84 shawls silk | 30 | 2520 |
3 embroi. carakos &c. | 450 | 1350 |
15 p. rib. 60 ells No. 5 4 | [...]0 | 910 |
11 3 21/2 | 66 | 726 |
5506 |
No. 10. 1 trunk containing as follows: | |||
6 umbrellas | No. 2. | 27 | 162 |
41 doz. snuff boxes | 36 | 1476 | |
44 white gloves | 30 | 1320 | |
8 | 60 | 480 | |
8 | 100 | 800 | |
8 | 54 | 432 | |
13 | 72 | 936 | |
3½ | 40 | 140 | |
5746 |
No. 11. One trunk containing viz: | |||
1 ps. dou. camb. | 6 el. | at 40 | 240 |
1 | 31/ [...] | 50 | 275 |
1 | 53/ [...] | 55 | 316 5 |
1 | 51/2 | 60 | 330 |
1 | 6 | 60 | 360 |
20 pieces linen | 46 | 920 | |
12 a pair silk stockings | 34 | 408 | |
12 | 38 | 456 | |
12 | 32 | 384 | |
60 Silk handkerchiefs | 38 | 2280 | |
12 | 60 | 720 | |
24 pair silk stockings | 58 | 1392 | |
5 silk shawls 5-4 | 90 | 450 | |
4 ells of black mode | 23 10 | 141 | |
4 ditto | 30 | 180 | |
6 ditto | 27 10 | 165 | |
6 ditto | 33 15 | 142 10 | |
35½ ditto | 30 | 1057 10 | |
57½ ditto | 20 | 1150 | |
11367 | |||
Carried Forward | £178039 14 |
[Page 15] Brought Forward £178039 14
No. 11. One trunk containing as follows: | |||||
48½ ells black mode at | 18 | 879 | |||
25 [...] | 26 | 656 | 10 | ||
50 | 21 | 1050 | |||
87½ | 16 | 440 | |||
33½ | 19 | 631 | 15 | ||
63½ | 18 | 1138 | 10 | ||
48½ | 24 | 1158 | |||
4 pieces cont. 118¼el. s. m. silk | 2 | 236 | 10 | ||
6190 | 5 |
No. 1. 12 | ells black laces at | 39 | £468 | ||||||||
2. 12 | 3. 13 | 25½ ditto | 32 | 10 | 828 | 15 | |||||
5. 14 | ditto | 26 | 12 | 379 | 1 | ||||||
6.14 | 7.13 | 27 ditto | 26 | 702 | |||||||
9.11¼ | ditto | 23 | 8 | 274 | 19 | ||||||
12.14¼ | 10.12 | 14.13 | 15.12 | 11.12½ | 17.13½ | 63¾ ditto | 22 | ½ | 1408 | 17 | 6 |
19.111/2 | 16.12½ | 372/4 ditto | 20 | 16 | 785 | 4 | |||||
23.12 | 22.12 | 20.12 | 24.14 | 50 ½ ditto | 19 | 10 | 984 | 15 | |||
25.23½ | ditto | 16 | 5 | 379 | 3 | 4 | |||||
26.26 [...] | 27.12 | 28.13 [...] | 22¾ ditto | 15 | 12 | 727 | 7 | ||||
30.2 [...] | 29.21 | 49 ditto | 13 | 637 | |||||||
32.14 | ditto | 11 | 14 | 163 | 16 | ||||||
34.33 [...] | ditto | 11 | 1 | 372 | 18 | 9 | |||||
36.10 [...] | 35.12 | 46/8; | 10 | 1 | 228 | 12 | 9 | ||||
37.14 | ditto | 9 | 17 | 137 | 18 | ||||||
43.10 | ditto | 9 | 5 | 92 | 10 | ||||||
42.21 [...] | ditto | 9 | 2 | 197 | 3 | 4 | |||||
42.11 | ditto | 8 | 9 | 92 | 19 | ||||||
40.13 | 45. [...] | 26 1-6 ditto | 6 | 10 | 170 | 1 | 8 | ||||
48.28 | [...]ditto | 4 | 5 | 121 | 16 | 8 | |||||
47.40 | ditto | 5 | 4 | 208 | |||||||
49.10 | [...]ditto | 2 | 15 | 54 | 13 | 1 | |||||
50.33 | ditto | 2 | 12 | 85 | 16 | ||||||
40.13 | 41.30 | 39.231/2 | 67 1-6 ditto | 9 | 15 | 654 | 176 | ||||
10150 | 4 | 7 | |||||||||
Deduct 15 per cent | 1523 | 8 | 7 | 8632 | 16 | ||||||
Carried Forward | £192862 | 15 |
[Page 16] Brought forward, £192862 15
No. 8, 18 | Ells black lace, at | 12 | 216 | |||||
90 | 11¼ | 11 | 123 | 15 | ||||
15, 20 | 14, 23/4 | 8, 12 | 52¾ | 10 | 527 | 10 | ||
5 | 13 | 9 | 10 | 121 | 10 | |||
70 | 22½ | 9 | 202 | 10 | ||||
12 | 37 | 7 | 10 | 277 | 10 | |||
33, 26¾ | 14, 20¾ | 8, 12 | 79¾ | 7 | 558 | 5 | ||
54 | 13¼ | 6 | 15 | 91 | 2 | 6 | ||
14 17½ | 28¼ | 46¼ | 6 | 10 | 300 | 12 | 6 | |
31, 29 | 11 | 11, 36 | 8, 20 | 7, 20½ | 116½ | 6 | 699 | |
12 | 3, 26½ | 2, 25 | 2, 12 | 75½ | 5 | 10 | 415 | 5 |
15 | 45½ | 5 | 227 | 10 | ||||
12, 50 | 13, 52 | 102 | 4 | 10 | 459 | |||
16 | 9½ | 4 | 10 | 42 | 15 | |||
12 | 11½ | 4 | 5 | 48 | 17 | 6 | ||
19, 43½ | 11, 50 | 20, 10⅔ | 11, 25 | 129 1-6 | 4 | 516 | 13 | 4 |
19 | 28½ | 3 | 15 | 106 | 17 | 6 | ||
45 | 10, 25 | 9,25 | 95 | 3 | 10 | 332 | 10 | |
1355, 15½ | 23, 3½ | 22, 7½ | 55½ | 3 | 5 | 179 | 16 | 8 |
23, 28½ | 4, 40 | 638, 25½ | 15, 18 | 4, 50 | 50 | 212 | 3 | 636 |
637 | 18½ | 2 | 15 | 50 | 17 | 6 | ||
24, 24 | 25, 10 | 34 | 2 | 10 | 85 | |||
26 | 14 | 2 | 5 | 31 | 10 | |||
1356, 22¼ | 1357, 22½ | 29 12 | 56¾ | 2 | 113 | 10 | ||
6363 | 17 | 6 | ||||||
Deduct 5 per cent. | 318 | 3 | 6 | |||||
6045 | ||||||||
Carried forward | £198908 | 9 | 0 |
[Page 17] Brought Forward £198908 9
No. 261. | 10⅛ thread lace at | 62 | 8 | 632 | 16 | |||
294 | 4 | 27 | 12 | 110 | 8 | |||
302 9¼ | 304 6½ | 15¾ | 23 | 8 | 368 | 11 | ||
333 | 3½ | 22 | 2 | 77 | 7 | |||
311 3 | 334 3 | 6 | 19 | 10 | 117 | |||
310 6 | 309 12⅞ | 335 12⅜ | 31.12 24 | 18 | 4 | 574 | 1 | 2 |
306 | 6 | 14 | 6 | 85 | 16 | |||
317 | 6 | 13 | 78 | |||||
312 | 6 | 11 | 14 | 70 | 4 | |||
336 | 11½ | 11 | 9 | 131 | 13 | 6 | ||
441 | 3 | 9 | 2 | 27 | 6 | |||
321 | 3 | 7 | 10 | 22 | 10 | |||
340 | 7 | 6 | 10 | 45 | 10 | |||
2340 | 2 | 8 | ||||||
Deduct 15 per cent | 351 | 8 | ||||||
1989 | 2 |
181 | 9 els thread lace at | 29 | 18 | 269 | 2 | |||||
58 | 6 | 39 | 234 | |||||||
2305 | 10 | 38 | 8 | 384 | ||||||
171 111/4 | 39 7 | 18¼ | 33 | 16 | 616 | 17 | ||||
1807 | 7½ | 31 | 4 | 234 | ||||||
2107 | 6 | 39 | 234 | |||||||
1508 3 | 29 6 | 28 | 12 | 257 | 8 | |||||
56 5 | 217 6 | 11 | 27 | 6 | 300 | 6 | ||||
3 3 | 31 9 | 12 | 26 | 312 | ||||||
1310 6⅞ | 1308 7¼ | 44 3 | 1610 6 | 45 6 | 228 7⅞ | 37 | 24 | 14 | 913 | 18 |
1307 | 4⅔ | 24 | 2 | 112 | 9 | 4 | ||||
41 | 12 | 22 | 12 | 271 | 4 | |||||
160 3 | 54 3 | 6 | 20 | 16 | 124 | 16 | ||||
1110 | 55 | 6 | 18 | 17 | 109 | 19 | 2 | |||
33 | 10 | 18 | 4 | 182 | ||||||
1106 | 6 | 17 | 12 | 105 | 12 | |||||
4 [...] 10⅞ | 14⅞ | 320 4 | 16 | 18 | 251 | 7 | 9 | |||
4959 | 15 | 3 | ||||||||
Carried forward | £200897 | 15 |
[Page 18] Brought Forward £200897 11
No. 180 | 7 | ells thread lace | 14 | 9 | 4959 | 15 | 3 | |||||||||
9108 | 5 | 13 | 13 | 68 | 5 | |||||||||||
1480 7 | 178 12 | 850 4½ | 19 | 13 | 247 | |||||||||||
1607 3 | 7150 3 | 1400 6 | 10½ | 12 | 7 | 129 | 13 | 6 | ||||||||
179 13 | 1405 73/4 | 26¾ | 11 | 14 | 312 | 19 | 6 | |||||||||
229 10⅓ | 152 12 | 214 10¼ | 218 10⅛ | 950 3 | 52 6 | 192 7 | 59 11-24 | 10 | 8 | 618 | 17 | 4 | ||||
1108 | 3⅞ | 10 | 15 | 41 | 13 | 1 | ||||||||||
120 4 | 1207 5 | 1302 7½ | 16½ | 10 | 2 | 166 | 13 | |||||||||
127 3 | 138 8½ | 210 3 | 140 12⅛ | 1402 9½ | 98 12¼ | 48⅜ | 11 | 12 | 536 | 19 | 3 | |||||
136 | 5 | 11 | 14 | 58 | 10 | |||||||||||
1109 5 | 212 12 | 1204 3½ | 130 3 | 172 10 | 27 7 | 148 3 | 43½ | 9 | 15 | 424 | 2 | 6 | ||||
1005 4½ | 11503 3½ | 850 5⅞ | 13⅞ | 9 | 9 | 131 | 2 | 4 | ||||||||
196 3 | 213 5/3 [...] | 219 12¼ | 145 7 | 1107 4 ¾ | 86 6 | 38⅜ | 9 | 2 | 349 | 3 | 6 | |||||
1036 | 5¾ | 8 | 15 | 50 | 6 | 3 | ||||||||||
207 71-6 | 80 6 | 15 6 | 201 8 | 119 81/4 | 118 6 | 108 6 | 13 13 | 209 6 | 102 12 | 99 5 | 83 8-12 | 8 | 9 | 704 | 17 | 5 |
Carried forward | 8904 | 10 | 11 | |||||||||||||
Carried Forward | £200897 | 11 |
[Page 19] Brought Forward £200897 11 8904 10 11
No. 32. | 6 | ells thread lace at | 7 | 16 | 46 | 16 | |||
126. | 3½ | 7 | 9 | 26 | 1 | 6 | |||
907. | 9 | 7 | 3 | 64 | 7 | ||||
820. 5 | 11. 10 | 15 | 5 | 17 | 87 | 15 | |||
139. 3 1-6 | 587. 8 | 11 1-6 | 5 | 4 | 58 | 1 | 4 | ||
9187 | 11 | 9 | |||||||
Deduct 5 per Cent | 459 | 7 | 9 | 8728 | 4 | ||||
1037. 5ells | 1007. 7 | 1057. 5 | 9O6. 10½ | 27½ laces | 8 | 3 | 224 | 2 | 6 |
Deduct 5 per Cent | 11 | 3 | 6 | ||||||
I. S. | 212 | 19 | 212 | 19 |
No. 1. Hogshead containing | 2809. 25ells | 2797. 24½ | 2793. 22¾ | 2789. 24 | 2797. 24 | 2808. 24½ | 2794. 22¼ | 2791. 23 | 190 Silesia cloth at | 29 | 5510 | ||||
2747. 23 | 2921. 263/4 | 2926. 26 | 2923. 26½ | 102 | 26 | 2658 | 10 |
S. No. 1 30 maps West. Ocean at | 3 | 10 | 105 | |
30 gulph Gascogne | 3 | 90 | ||
12 in 2 sheets | 12 | 144 | ||
99 globes of the chan coast of Eng. | 3 | 297 | ||
11 downs, &c. | 30 | 16 | 10 | |
60 coasts of Brittany, &c. | 3 | 180 | ||
6 river Bourdeaux | 10 | 60 | ||
118 straits Gib. &c. | 3 | 354 | ||
5 inlet of Ferrol | 5 | 30 | ||
12 the flags | 6 | 72 | ||
Packing | 18 | |||
1366 | 10 | |||
Carried Over | 219373 | 14 |
[Page 20]
Brought Forward | 219373 | 14 | ||
No. 2. One Bale containing viz: | ||||
84 maps the azores, the coast of Africa from Gib. to Cape G. Hope | 3 | 252 | ||
36 the Canaries &c. 131 the gulph of Mexico. | 4 | 10 | 162 | |
St. Domingo, &c. | 3 | 393 | ||
8 the French Guyane | 1 | 10 | 12 | |
6 gulph of Mexico [...] sheets | 10 | 60 | ||
30 Newfoundland | 3 | 90 | ||
72 New-England | 5 | 360 | ||
34 Directories of India | 3 | 102 | ||
6 by Dapers | 5 | 30 | ||
Packing | 18 | |||
1479 |
No. 3. One Bale containing viz: | ||
60 pieces rain green paper | 50 | 3000 |
32 borders | 35 | 1120 |
Packing | 2O | |
4140 |
No. 4. One Bag containing as follows viz: | ||
50 pieces plain yellow paper | 50 | 3000 |
32 borders | 35 | 1120 |
20 blue | 50 | 1000 |
12 borders | 35 | 420 |
Packing | 20 | |
5560 |
For the following goods bartered against 35 Tierces of Rice: | ||
200 bbls. of raisins at | 250 | 50000 |
280 velts Malaga wine in 5 casks | 80 | 22400 |
3 bbls. of prunes as follows: | 72400 | |
No. 24 | 232lb. | 22 tare |
25 | 236 | 25 |
26 | 223 | 24 |
691 | 72 | |
72 | ||
619 lbs. at 2 per lb. | 1238 |
4 small boxes containing viz: | ||
20 silver watches at | 230 | 4600 |
19 gold ditto | 650 | 12350 |
16950 | ||
Carried Forward | 321140 | 14 |
[Page 21] I. S. Amount brought Forward 321140 14
No. 11. A trunk containing as follows: | ||||
6 pice. of Pekin mea. 61 [...] ells a | 85 | 4248 | 15 | |
2 green sattin 19 5-6 | 35 | 694 3 4 | 3 | 4 |
2 ditto 23½ | 48 | 1128 | ||
1 silk guuze 21½ | 60 | 1385 | ||
2 silk Gronde Tour 19 [...] | 36 | 706 | 10 | |
7 218 [...] | 36 | 8273 | ||
1 call. Eternal 21 | 38 | 778 | ||
2 striped 40 [...] | 40 | 1630 | ||
1 for silk br [...]eehes 18 | 50 | 1600 | ||
2 silk d [...]b. papeline 56 [...] | 40 | 2265 | ||
1 silk for women shoes 51 [...] | [...] | [...]45 | ||
1 silk cloth 64¾ | [...] | [...] | 10 | |
4 sattin ⅜ 58 1- [...] | [...] | [...]68 | 15 | 8 |
I. S. | 31838 | 14 | ||
98 a 137. 40 casks or to tons of Bordeaux red wine, at | 2700 per ton | 27000 |
CHARGES.
Duties paid formerly in Paimboenf for the wine shipped in the Iris | £-46 | 17 | 6 |
Carriage of 5 chests from Tours | 400 | ||
Six trunks | 1400 | ||
Canvass oil cloth, ropes, &c. | 400 | ||
Cartage and drayage | 200 | ||
Carriage of sundry goods, petty charges, and postage of letters | 200 | ||
Cooperage &c. on 200 kegs of rais. | 600 | ||
Rolling 5 casks Malaga wine | 40 | ||
Paid the visitor of the Custom house | 50 | ||
Cooperage of 10 tons wine at 100 | 1000 | ||
Drayage 15 | 150 | ||
Labourers 15 | 150 | ||
Lighterage 15 | 150 | ||
My commis. 384115 8 at 5 p. c. | 19240 | 24026 | 15 |
Assignats | £404040 | 3 |
Errors Excepted
INVOICE of the following Goods shipped by JOHN K. HELMUTH, on board of the American ship TWO FRIENDS, Capt. Samuel Williams, bound to PHILADELPHIA, on Account and Risk of the Underwriters of the Cargo of said vessel and Consigned to JOHN SWANWICK, Esq of PHILADELPHIA.
I. S. 276 Hogsheads or 69 Tons of red Bourdeaux wine, as follows: | |
No. 1 to 35. 35hhds, at 2500 p. ton of 4 casks | £21875 |
36 to 97. 62 ditto 2700 do. | 41850 |
1 cask emptied & employed in filling up | 700 |
138 a 217: 80 casks 2600 per ton | 5200 |
218 a 316. 99 do. [others 1 employed in filling up at 2800 | 70000 |
276 casks of wine | |
16 casks of currants weighing neat 197891b. at 2 per lb. | 39578 |
£226003 |
CHARGES.
Cooperage on 69 tons wine at 100 | 6900 | ||
D [...]ayage 15 | 1030 | ||
Labourers 15 | 1035 | ||
Lighterage 15 | 1035 | ||
Paid Melerau lighterman 15 specie at 20 for one | 300 | ||
Coiron for storage of 18casks | 13 | 10 | |
Agaisie for do. 100 do. | 25 | ||
Weighing of the currants on receiv. | 500 | ||
Paid for 3 empty hhds at 80 | 240 | ||
4 do. 75 | 300 | ||
9 do. 70 | 630 | ||
Cooperage of the hhds 12 | 192 | ||
Carriage of currants | 420 | ||
For putting the currants into hhds. | 120 | ||
Storage during 2 mo. for the currants | 200 | ||
12945 | 10 | ||
238948 | 10 | ||
Commission 5 per cent | 11947 | 8 | |
Errors Excepted. Nantz 16th June, 1795. | £250895 | 18 |
I, PETER FREDERICK DOBREE, Vice Consul of the United States of America at Nantes, &c. certify that the vouchers of this account, amounting to two hundred and fifty thousand eight hundred and ninety five livres, eighteen sols assignals, have been left with me. In testimony of which I have delivered this certificate to serve as it will be found meet.
ACCOUNT, Sales and Neat Proceeds of the following damaged TOBACCO, from the ship the Two Friends, Captain Williams, loaded at Philadelphia by JOHN SWANWICK of said place, under the direction of Mr. Helmuth, and Sold in Nantz, for account of the Underwriters.
DAMAGED TOBACCO SOLD by the TRIBUNAL of COMMERCE.
5 Hhds. to Le Fevre, containing | 1332lb | |
1348 | ||
1422 | ||
1403 | ||
1243 | ||
6748 | ||
1012 tare 15 p. ct. | ||
Neat, 5736lb. at 106p. cwt. £ [...]80 3 [...] | ||
5 | 1095 | |
1195 | ||
1309 | ||
1484 | ||
1359 | ||
6442 | ||
966 Tare 15 p. ct. | ||
5476lb, at 92 p. cwt. 5037 18 4 | ||
[Page 24] 10 | 1295 | |
1105 | ||
1403 | ||
1328 | ||
1526 | ||
1400 | ||
1300 | ||
1272 | ||
1568 | ||
1301 | ||
13498 | ||
2025 tare 15 p. ct. | ||
114731b. at 70 p. cwt. 803l 2 [...] | ||
5 | 1384 | |
1559 | ||
1323 | ||
1256 | ||
1500 | ||
7015 | ||
1052 tare 15 p. ct. | ||
5963 at 75 p. cwt. 4472 5 | ||
5 | 1441 | |
1584 | ||
1315 | ||
1347 | ||
1415 | ||
7102 | ||
1065 tare 15 p. ct. | ||
6037 at 90 P. cwt. 5433 10 | ||
5 | 1415 | |
1338 | ||
1397 | ||
1378 | ||
1384 | ||
6912 | ||
1037 tare 15 p. ct. | ||
5875 at 120 p. cwt. 7050 | ||
[Page 25] 20 do. to Lesevre | 1359 | 1328 |
1234 | 1100 | |
1478 | 1163 | |
1322 | 1334 | |
1522 | 1312 | |
1125 | 1146 | |
1217 | 1283 | |
1218 | 1268 | |
1184 | 1150 | |
1203 | 983 | |
12892 | 12067 | |
12067 | ||
24959lb. | ||
3744 tare 15 p.ct. | ||
Neat 21215 at 110 p. cwt. 23336 10 | ||
10 | 1460 | |
1300 | ||
1625 | ||
1250 | ||
1180 | ||
1125 | ||
1640 | ||
1395 | ||
1108 | ||
1246 | ||
13389 | ||
2008 tare 15 p. ct. | ||
1138 [...]lb. at 60 p. cwt. 6828 12 [...] | ||
5 | 1346 | |
1585 | ||
1373 | ||
1360 | ||
1290 | ||
6954 | ||
1043 tare 15 p. ct. | ||
5911 at 95 p. cwt. 5615 9 | ||
[Page 26] 5 | 1350 | |
1440 | ||
1496 | ||
1390 | ||
1670 | ||
7346 | ||
1002 tare 15 p. ct. | ||
6244 at 94 p. cwt. 5869 7 2 | ||
5 | 1240 | |
1122 | ||
1347 | ||
1158 | ||
1084 | ||
5951 | ||
893 Tare 15 p. ct. | ||
5058lb.at 121 p. cwt. 6120 3 7 | ||
5 | 1296 | |
1384 | ||
1146 | ||
1333 | ||
1033 | ||
6192 | ||
929 tare 15 p. ct. | ||
52631b. at 75 p. cwt. 3947 5 | ||
5 Hhdi. to Le Febvre | 1553 | |
1412 | ||
1456 | ||
1456 | ||
1584 | ||
7461 | ||
1119 tare 15 p. ct. | ||
6342 at 126 p. cwt, 7990 18 4 | ||
[Page 27] to Jourdan | 1323 | |
1293 | ||
1304 | ||
1409 | ||
1534 | ||
6863 | ||
1029 tare 15 p. ct. | ||
5834 at 105 p. cwt. 6184 0 [...] | ||
1244 | ||
1300 | ||
1396 | ||
1435 | ||
1620 | ||
6995 | ||
1049 tare 15 p. ct. | ||
5946 at 125 p. cwt. 7432 10 | ||
1260 | ||
1120 | ||
1332 | ||
1310 | ||
1416 | ||
6438 | ||
966 tare 15 p. ct. | ||
5472 at 103 p. cwt. 5636 3 2 | ||
-to Babret | 1490 | |
1196 | ||
1359 | ||
1332 | ||
1371 | ||
6747 | ||
1012 tare at 15 p. ct. | ||
5736 at 105 p. cwt. 6021 15 | ||
[Page 28] 6 — to Galliot | 1446 | |
1400 | ||
1344 | ||
1415 | ||
1523 | ||
7128 | ||
1069 tare at 15 p. ct. | ||
6059 at 125 p. cwt 7573 15 | ||
10 — to Ferret | 1523 | |
1360 | ||
1454 | ||
1432 | ||
1533 | ||
1383 | ||
1493 | ||
997 | ||
1333 | ||
1408 | ||
13916 | ||
2087 tare 15 p. ct. | ||
11829 at 100 p. cwt. 11829 | ||
5 — to Saupin | 1522 | |
1315 | ||
1580 | ||
1243 | ||
1487 | ||
7147 | ||
1072 tare 15 p. ct. | ||
6075 at 171 p. cwt. 10388 5 | ||
5 — to Ferret | 1370 | |
1410 | ||
1340 | ||
1208 | ||
1516 | ||
6844 | ||
1027 tare 15 p. ct. | ||
5817 at 106 p. cwt. 6166 | ||
5 — | 1506 | |
1345 | ||
1500 | ||
1370 | ||
1525 | ||
7246 | ||
1087 tare 15 p. ct. | ||
6159 at 80 p. cwt. 4927 4 | ||
5 | 1302 | |
1528 | ||
1332 | ||
1197 | ||
1422 | ||
6781 | ||
2017 tare 15 p. ct. | ||
5764 at 109 p. cwt. 6282 15 2 | ||
5 | 965 | |
1320 | ||
1594 | ||
1503 | ||
1545 | ||
6867 | ||
1030 tare 15 p. ct. | ||
5837 at 125 p. cwt. 7269 5 | ||
5 | 1146 | |
2184 | ||
2132 | ||
[...]237 | ||
1123 | ||
5822 | ||
873 tare 15 p. ct. | ||
4949 at 129 p. cwt. 6384 4 2 | ||
[Page 30] 5 | 1242 | |
1204 | ||
1078 | ||
1454 | ||
1621 | ||
6599 | ||
990 tare 15 p. ct. | ||
5609 at 119 p. cwt. 6674 14 2 | ||
5 — to Muller | 1320 | |
1437 | ||
1396 | ||
1246 | ||
1094 | ||
6493 | ||
974 tare 15 p. ct. | ||
5519 at 100 p. cwt. 5519 | ||
5 | 1604 | |
1288 | ||
946 | ||
1154 | ||
1238 | ||
6230 | ||
934 tare 15 p. ct. | ||
5296 at 125 p. cwt. 6620 | ||
5 — to Brulard | 1536 | |
1694 | ||
1580 | ||
1580 | ||
1395 | ||
7785 | ||
[...]168 tare 15 p. ct. | ||
6617at 110 p. cwt. 7278 14 |
[Page 31] 57 to Lefelvre
1173 | 1522 | 882 | 985 | 1015 | 1446 |
1182 | 1222 | 1391 | 1250 | 1218 | 1227 |
1603 | 1290 | 1414 | 907 | 1204 | 1264 |
1181 | 1300 | 1186 | 1410 | 1037 | 1200 |
1062 | 1404 | 1480 | 1150 | 1132 | 1174 |
1322 | 1274 | 1163 | 1360 | 1348 | 1544 |
1335 | 1235 | 1281 | 1673 | 1283 | 1169 |
1070 | 1243 | 1273 | 1242 | 1342 | |
1246 | 1200 | 1185 | 1604 | 1142 | |
1314 | 1169 | 1347 | 1162 | 1210 | |
12588 | 12859 | 12602 | 12603 | 11932 | 9024 |
12588 | |||||
12859 | |||||
12602 | |||||
12603 | |||||
11932 | |||||
9024 | |||||
71608 | |||||
10741 tare Df. 15 p. ct. | |||||
232 Hhds. damaged tobacco 60867 at 150 p. cwt. | 91300 | 10 | |||
A heap of damaged tobacco proceeding from sundry Hhds. and weighing 1146 at 300 p. cwt. | 3438 | ||||
302765 | 19 | ||||
3 Barrels of damaged Rice sold to Brulard for | 300 | ||||
£303065 | 19 |
N. B. Out of the 53 bbls. of Rice sold to the municipality of Nantz, 1546lb. have been rejected and nothing could be obtained for, as being quite rotten.
Carried over.
Brought Forward, £303065 19
CHARGES.
Lighterage of 232 hhds. tobac. & 3 casks of rice equal to 2 hhds. 234 hhds. at 15 | £3510 |
Unloading ditto do. | 3510 |
Examining the tobac. cutting the rotten & putting the whole in good order | 2640 |
Cooperage at 8 per hhd. | 1872 |
Weighing & delivery a 20 p. hhd. | 4080 |
For Stowages | 300 |
To the cr [...]er of the sale, & for publishing | 188 |
Drayage a 80 per hhd. | 1872 |
Warehouse rent during two months at 30 per month | 702 |
Custom duties on said tobac. weighing as follows: 308524 gross weight | |
Tare 12 per cent only is allowed at the custom house | 37078 |
Neat at 12 per cent | 271451 |
33931 | 7 |
Deduct the duties received from several buyers 15536 5 18395 2 | |
37669 | 2 |
Commission 5 per cent 15153 6 | |
52822 | 8 |
Neat Proceeds 250243 11 |
Errors Excepted, Nantz 16 June 1795.
N. B. It is supposed to me allowance will be made by the Custom house on the duties of damaged Tobacco; but which cannot be ascertained before the sailing of the ship Two Friends.
I certify the exactness of the present account of sales as having been present at the sale made before the Judges of the Tribunal of Commerce of this city and the vouchers exhibited to me.
IN witness whereof, I have signed the present and caused my seal of office to be thereunto affixed. Nantz, 16th June, 1795.
To CASH paid for Disbursements on the Ship TWO FRIENDS, while in distress and repairing, by SAMUEL WILLIAMS.
Paimbeoeuf, 1795. | Assig. | Dols. | Cts |
Jan. 30, To cash paid for 12 gall. brandy when — on shore at St. Nazarre for all hands | 480 | ||
Joseph Watson 4 days work | 80 | ||
Feb. 3, Jseph Bains 3 days do. | 60 | ||
James Career 3 days do. | 60 | ||
Arthur Dunker 5 days do. | 100 | ||
17, Rheuben Knowles 4 da. do. | 80 | ||
Joseph Barnes 4 days do. | 80 | ||
James Mead 5 days do. | 100 | ||
Samuel Logan 5 da. do. | 100 | ||
James Kerkey 5 da. do. | 100 | ||
1240 | |||
Which at 25 per dollar is | 49 | 40 | |
March 20, Samuel Joaner 5 days work | 100 | ||
3 men 90 livres—names unknown | 90 | ||
190 | |||
Which at 30 per dollar is | 6 | 33 | |
May 24, To cash paid for pumping and heaving the ship down for 12 seamen | 250 | ||
for 3 gallons of brandy | 280 | ||
for supper & wi. for the mas. carpen. | 80 | ||
610 | |||
Which at 85 per Dollar is | 7 | 17 | |
62 | 90 |
Errors Excepted
ACCOUNT of the disbursements made for the ship TWO FRIENDS, Capt. Samuel Williams, when in distress and refit [...]ing; to the debt of JOHN SWANWICK, Esq of Philadelphia.
Third Year. | To Cen. Agree of St. Brevin for his trouble Pluv. 18. in procuring hands for the salvage of the ship | 50 | |||
Gaulier for 10 men employed pumping | 100 | ||||
Paimboeuf. | Seven large boats for relieving the vessel and carrying tobac. & rice to Paimboe | 885 | |||
Ventre 8. | 15 sailors from the sloop Phoenix, for pumping | 75 | |||
10. | Salvage of an anchor & carriage thereof aboard | 275 | |||
Gl. 30. | The caulkers, carpenters & ferry boatmen | 260 | |||
Floreal 14. | The caulkers & carpenters | 867 | |||
21. | do. do. | 236 | |||
- | 12 soldiers employed in helping the carpen. | 100 | |||
28. | Le Roux, a sawyer | 85 | 17 | 6 | |
- | The caulkers and carpentars | 2010 | |||
30. | Deny's ship builders, 67 days raft hire a 20 | 1340 | |||
Vn. 3. | Deny's (the eldest) furnisher 44 days of Penton hire at 40 | 1760 | |||
Le Bache for nails | 2424 | ||||
4. | Deny's (the eldest) for amt. of bill for pitch brimstone, two planks, &c. | 9229 | |||
The caulkers and carpenters | 521 | ||||
Cailleau, blockmaker | 730 | ||||
Ravache, blacksmith | 5154 | ||||
Le Roux sawyer | 6 | 10 | |||
For a boat & [...] men to weigh anchor, &c. | 100 | ||||
Launa [...], riggerman for his work 23 da. at 30 | 460 | ||||
Bo [...]m [...] for hire of a ferryboat to carry the caulkers and carpenters aboard | 380 | ||||
8. | Bourgeois, ship builders, per bill | 583 | 15 | 6 | |
Postage of letters & messengers | 85 | ||||
Paid by J. K. Helmuth to the following sailors, Robert Whelford | 140 | ||||
Viz: | John Taner Daniel Largen | 260 | |||
George Anderson | 60 | 460 | |||
£33177 | 12 | ||||
Commission 5 per Cent | 1658 | 17 | |||
Errors Excepted—the 16th June 1795. | |||||
34836 | 9 |
I Peter Frederick Dobree, vice consul of the United States of America at Nantz, do certify, that the accounts mentioned on the other side amounting together to thirty four thousand eight hundred and thirty six livres nine sols assignats, have been deposited in my chancelery by said Mr. Helmuth. In testimony of which I have delivered this certificate to serve as it will be found meet.
At NANTZ this fourteenth day of June, in the year one thousand seven hundred and ninety five, the 26th day of Praireal, the third year of the French Republic.
I PETER FREDERICK DOBREE, vice consul of the United States of America, for the port of Nantz, and for such parts of France as are nearer to the said port than to the residence of any other consul or vice-consul of the United States, within the s [...]id Republic, do certify,—
That personally came and appeared before me this day, John K. Helmuth, of Philadelphia, who voluntarily made oath and affirmed that the goods and merchandize he has shipped on board the Two Friends, Capt. Samuel Williams, contained in the two bills of loading here annexed, are the property of American citizens, and that no foreigners to the United States are directly or indirectly concerned therein.
IN faith and testimony I have hereunto set my hand and caused my seal of office to be affixed this day and year aforesaid.
Shipped, by the grace of God, in good order and well-conditioned, by John K. Helmuth, a citizen of the United States of America, in and upon the good ship called the Two Friends, whereof is master under God, for this present voyage Samuel Williams, and now riding at anchor in the river Loire, and by God's grace, bound for Philadelphia, to say, two hundred and seventy six casks of Bordeaux red wine, and sixteenI. S. No 1 a 97 1 38 a 316 276 casks. No. 1 a 16 hhds of currants. [Page 36] hhds, of currants, on account and risque of the underwriters on the cargo of the ship Two Friends, at Philadelphia, being marked and numbered as in the margin, and are to be delivered in the like good order and well-conditioned, at the aforesaid port of Philadelphia, (the danger of the seas only excepted) unto John Swanwick, Esq or to his assigns, he or they paying freight for the said goods, four pounds ten shillings per ton, with primage and average accustomed.—
In witness whereof the master or purser of the said ship hath affirmed to four bills of lading, all of this tenor and date; the one of which bills being accomplished, the other three to stand void; and so God send the good ship to her desired port in safety. Amen.—
SHIPPED by the grace of God in good order and well-conditioned, by John K. Helmuth, a citizen of the Unit. States of America, in and upon the good ship called the Two Friends, whereof is master under God for this present voyage Samuel Williams, and now riding at anchor in the river Loire, and by God's grace bound for Philadelphia, to say, one small keg, ten trunks, containing sundry merchandizes, one cask of Silesia cloths, one bale of charts, three bales of papering, two hundredOne small keg I. S. No. 1 a 10 trunks. do. 1 cask do. 1 a 4 bales. do. 1 a 200 kegs of raisins. No. 1 a 5 casks Mala. wi. No. 1 a 3 bbls. prunes. I. S. 98 a 137 40 casks wi. [Page 37] kegs of raisins, four pipes one quarter cask Malaga wine, three barrels prunes, one small box containing watches, and forty casks of Bordeaux red wine, on account and risk of John Swanwick, Esq of Philadelphia, a citizen of the United States of America, being marked and numbered as in the margin, and are to be delivered in the like good order and well-conditioned, at the aforesaid port of Philadelphia, (the danger of the seas only excepted) unto John Swanwick Esq or to his assigns, he or they paying freight for the said goods, as owners property, with primage and average accustomed.—In witness whereof the master or purser of the said ship has affirmed to four bills of lading, all of this tenor and date, one of which bills being accomplished, the other three to stand void; and so God send the good ship to her desired port in safety. Amen. Dated in Nantz, June 14th 1795.
THE ship Two Friends being at last repaired and ready for sea, I have now the honour to enclose you herein invoice and bill of lading of sundry merchandizes, shipped on your account and risque, amounting to livres assignats 404056 3. As also, invoice and bill of lading of sundry goods shipped on account of the underwriters of the cargo of the Two Friends, amounting to livres, assigs. 250895 18 with account sales and necessary papers for your prompt recovery from them.
[Page 38] I further enclose you a bill on my brother for 1000 dollars.—As also a receipt from Capt. Williams for 900 dollars, which he will deliver you immediately after his arrival.
Your ships delay here has been unfortunately very long, but taking into consideration the many difficulties under which the laboured it is not too long a time. Mr. S. cannot well form an idea to himself of the tedious manner of doing business here, who is accustomed to so much activity. In order to get a single permit for goods it requires two or three days at least, and the number of holidays which at present are kept in France makes mercantile business very difficult to be transacted.—On Sunday the people do not any business and on Decade-days all public offices are shut.
I am extremely sorry it is impossible for me to return in the ship Two Friends, as there still remains about sixty hogsheads of tobacco unsold; and I should not wish to leave France without having the accounts of the voyage completed. From appearances tobacco will raise considerably in value and is in demand.
I dare say should the Two Friends arrive safe in port, the merchandize which I have shipped on your account will answer very well, as goods of the same kind are seventy or eighty per cent dearer now than they were at the time of purchase. I hope Capt. Mc. C [...]l, of the ship Iris, may have arrived safe at New-York with the goods shipped on your account.
My apprehensions respecting war with Great-Britain are very considerable, notwithstanding (as is reported here) a treaty has been ratified in England by Mr. Jay. The British cruizers take all American vessels bound to France loaded [Page 39] with provisions. A brig belonging to Mr. Meade of Philadelphia, and cleared out for Nantz, was boarded by an English frigate in the bay; who put a prize-master and several men on board to carry her into Portsmouth: But the captain and American seamen who were left in the brig found means to make drunk the prize-master and his men—In which time they retook possession of the vessel and brought her safe in here.
The late Dauphin of France is dead and Luxembourg is taken by the French:—The death of the son of Capet will occasion some alteration with respect to some of the powers at war with France.—The Spanish government demanded as one of their terms on which it would agree to a peace, the delivery of the dauphin up to them—some suspicions are at this time formed of his not dying a natural death.
A serious fire took place a few days ago, at Paimboeuf, by which six fine ships were burnt, as you will see by the account given in the Nantz papers. I wished much for a few lines from you, but I suppose you expected my departure from this before the arrival of the vessels which sailed not long since from Philadelphia. Please accept the inclosed papers from
FLOUR, 23 dollars per barrel. RICE, 11 dollars per cwt. Other articles do not sell for specie.
Le vingt quatre Germinal, an 3me de la Republique Francoise une et indivisible, neuf heures du matin.
[FOR TRANSLATION. SEE THE APPENDIX.]
24 Germinal, 2,15, 82 Floreal 1 4, 7, 8 Prairial an 3. Devant nous Francois Rozier ju [...]e an tribunal de comerec de Nantes étant au Greffe et ayant avec nons Jeau Morin commis gre [...]er juro ordinaire et I'huissier de service.
Est comparu André Goyau procureur spécicial des citoyens Veuve Sob weighausu et Do [...]reé agissant pour J. K. Helmuth, de Philadelphie, supercargue du navire les Deux Amis, capt. Samuel Williams, lequel a requis notre transport rue de Launexy dans un magazin du citoyen Vigier,Proces verbal de vente at livraison des tabac et riz, faisant partie de la cargaison du navire American les deux Amis. á l'éffet de rapporter procès verbal de la vente de trois cents quarante houcauds de tabar et trois barrils de riz, provenant de la cagaison du navire les Deux Amis, aux fins d'ordonnance du tribunal du vingt un de ce mois, qui fera enregistrée avec le présent, vu affiches et plaeard qui aunoucent la dite veute, et den Barrier faittes par Valiet huissier entegistreés par Bertrand le vingt deux; et à signé [...] la minute.—Goyan.
De tout quoi nous avons décoiné acts en consequence nous nous sommes transportes de compagnie des sus només dans le magazin du G. Vigier, ou [...]tant nous y avpur trouvé le Cen. Dobrée, vice consul des Etats Unis de I'Amérique, Septentrionale qui à dit vouloir assister à la vente dont est cas pour la conservation des droits de qo [...] it appartiendra et Michel Purnoy Breteur ordinaire, qui a promis se comporter fidellenent au faits de sa commission. à I'endroit le Cen. Goyeir à evoqué aux fins de fon decernée d'hier, l'agent maritime pour assister si bon lui semble au present, requerant que saute de comparoitre. il soit concedé de faut contre lui et passé outre à la vente a signé avec le citoyen Dobrée signé sur la minute, Goyau, et P. F. Dobrée.
De tout quoi nous juge susdit avons decerné acte et de ee qu'aprés avoir supercede plus d'une beure sans que I'agent maritinie ait comparu nous ayons concedé dé faut contre lui, pour le profit ordonné qu'il sera de suite procédé à sa vente dont est cas, à la quelle il a été vacqn come suit à la condition de prendre livraison a I'issue de la vente, de payer comptant sans escompte, et de ne pouvoir exiger de reduction et de se contenter des quinze pour cent, pour tare, suivant I'usage. J. S.
1er. Une lot de 5 boucauds de tabac, numero 161, marqué B. 73 sans marque, 109 marqué A, 172 marqué B. 88 sans marque, le quel lot aprés avoir eté óncaute plusieurs fois a été adjugé au Cen. le Fevre à cent dix livres le quintal, les lettres J. S. signifient la marque générale, les autres ne font que des contre marque, ainsi on ne répétera plus les lettres J. S.
2. Une autre lot de 5 boucauds uumero 135, marqué B. 71 sans marqué, 11 s;ans marque, 100 marqué A et 107 sans marqué, adjugé au Cen, Jourdan à cent cinq livres le quintal.
3. Un auttre lot de 5 boucauds, No, 108 marqué A, 77 sas marqué, 69 marqué B, 18 sans marqué, 111 sans marqué, adjugé au Cen, Babret à cent cinq livres le quintal.
[Page 41] 4. Un lot de 5 boucauds numero 50, marqué B, 18, 169, 59, 161 sans marque adjugé au Cen. Galliot à cent vingt cinq livres le quintal.
5. Un lot de cinq boucauds No. 43, marqué A. 2 sans marque, 115 sans marque, 151 marqué B, et 109 sans marque, adjugé au Cen. Saupin à cent soix ante et onze livres le quintal.
6. Un lot de cinq boucauds sans marque No. 32, 17, 72, 41, 20, adjugé au citoyen Le Fevre à quartré vingt douze livres le quintal.
7. Un lot de 5 boucauds, No. 103 marqué A, 26, 23, 59, 30 sans marque, adjugé au Cen. Brulard a cent dix livres le quintal.
8. Un lot de 5 boucauds, No 74, marqué B. 58, 51, 47, 60 sans marque, adjugé au citoyen Le Fevre à soixante dix livres le quintal. La nuit survenue nous nous sommes retiré et avons remis la continuation du present au denx Floréal sous les seings de tons les comparants de l'huissier du Greffin et le notre les dits jour et an stgné sur la minute, P. S. Dobrée, Goyan, Orieux; F. Rozier et Morin.
Advenant ce jour deux Floréal an 3 de la Republique Francoise une et indivisible, nous juges us dit avour procedé a la continuation du present—côme suit, huit heure du matin.
9. Un lot de 5 boucauds de tobac, No. 38 marqué B, le 2d sans numero ni marque, 70, 15, 8. sans marque, adjugé au Cen. Le Fevre à soixante quinze livres du quintal.
10. Un lot de cinq boucauds de tabac No. 66, 78, 80, 63, 76 sansmarque, adjuré au Cen. Le Fevre a soixante dix livres le quintal.
11. Un lot de cinq boucauds No. 57 marqué B, 14, 83, 4, 12, sans marque adjugé au Cen. Le Fenre à quartre vingt dix livres le quintal.
12. Un lot de cinq boucauds No. 3. marqué B. 10, 62, sans marque, et les 2 autres sans marque ni numero, adjugé au Cen. Le F [...] vre a cent vingt livres le quintal.
13. Un lot de cinq boucauds No. 31, 82, 115, et les deux autres sans marque ni numero, adjugé au Cen. Le Fevre a cent dix livres le quintal.
14. Tris futailles de riz avarié adjugé au citoyen Brulard aprés plusieurs enchëres pour troic, cent livres.
15. Un lot de 5 boucauds de tabac No. 100, marqué B. le second sans numero ni marque et le cinquieme marqué B, sans numero, le troisieme, sans No. marqué S A. Le quatrieme sans No, ni marque, adjugé au Cen. Le Fevre, à soixante livres le quintal.
16. Un lot de cinq boucands No 7, marqué B, 113 marqué A, 56 marqué B, 54, 52 saus marque, adjugé au Cen. L'Fevre à quatre vingt quinze livres le quintal.
La nuit survenue nous nous sommes retiré et avons remis la continuation du present au quinze de ce mois, ce qui a été a [...]noncé á tout le public sous les sein [...]s come dessus les dits jours et an.
Signé sur la minute P. F. Dobrée, Goyan, Orieux, F. Re [...]ier at Mori [...].
Advenant le quinze du dit mois buit heure du matin, nous juge susdit avons procédé a la continuation du present comme suit.
17. Un lot de 5 boucauds de [...]abac, No 78, marqué A. 67 marqué B. 55, 14, 20 sans marque, adjugé au Cen. Ferrer a cent livres le quintal.
18. Un lot de 5 boucauds No, 85, marqué B. 1 sans marque 104 marqué A. 121 sans marqué et le 5 sans marque ni No; adjugé au Cen. Jourdan à cent viagt cinq livres le quintal.
[Page 42] 19. Un lot de 5 boucauds No. 53, marqué A. 91 marqué B. [...] marqué C. 33 marqué B, et 3 sans marque, adjugé au Cen. Le Fevre, a quartre vingt quartorze livres le quintal.
20. Un lot de 5 boucauds No. 157, marque B. le 2d sans No. ní marque, le 3d No. 30, marqué A, le 4me numere 212, marqué B, et le 5me No. 29, marqué A, adjugé au Cen Ferret à cent livres le quintal.
21. Un lot de 5 boucauds No. 87, marqué B, 100, 39, 242, 81, sans marque adjugé au Cen. Mulle. à cent livres le quintal.
22. Un lot de 5 boucands No 107, marqué B. 52 marqué A, 223 marqué R. 49 marqué A et 55 sans marque, adjugé au citoyen Jourdan, à cent trois livres le quintal.
23. Uu lot de 5 boucauds No 44, marqué B. 114, 168 sans marque 20 marqué C. 26 marqué B, adjugé au Cen. Lebiais à cent vingt livres le quintal.
24. Un lot de 5 boucauds No. 78, marqué A. 53 marqué S. 199 marqué B. 14 marqué C. 145 marqué A, adjugé au citoyen Le Fevre à cent dix livres le quintal.
La nuit survenue nous nous sommes retiré et avons remis la continuation du presert au 2 du courrant, ce qui à été annoncé à tout le public sour les seings côme deffus les dits jour et an, signé prela minute, P. F. Dobré [...], Goyan, Orieux, F. Rozier et Morin.
Advenant le vingt deux du dit mois buit heure du matin nous juge énasdit avons procedé a la continuation du preéent comme suit.
26. Un lot de 5 boucauds No. 93, marqué B, 213 sans marque, 66 marqué A, 101 sans marque, 15 marqué C, adjugé ah Cen. Le Fevre à cent div livres le quintal.
25. Un lot de 5 boncauds No, 26, marqué C, 169 marque A, 11, 170, sans marque, 127 marqué B, adjudgé au Cen. Le Fevre à cent [...] livres le quintal.
27. UN LOT de 5 boucauds No. 195, marqué B. 75, 105, sans marque, 178 marqué A, 188 sans marque, adjugé au Cen. Le Fevre à [...]wrd [...] dix livres le quintal.
28. Un lot de 5 boucauds, No. 47, marqué A. 114 sans marque, 208 marqué B. 49 marqué A, et le 5me sans marque ni No. adjugé au Cen. Ferret à cent livres le quintal.
29. Un lot de 5 bds. No. 117 marqué A, 60 marqué B. 175 sans marque, 93 marqué A. 101 marqué B. adjugé au Cen. Le Fevre à soixante quinze le quintal.
30. Un lot de 5 bds. No. 179, marqué B. 89, 226 sans marque le 4d sans marque ni No. et le 5th. No. 13 sans marque, adjugé au Cen. Brauger a 119 le quintal.
31. Un lot de 5 bds. No, 49 marqué B. 79 éans marque, 110 marqué A, 84 marqué B. et 49 éans marqué, adjugé au Cen. Ferret à quartre vingt livres le quintal.
32. Un lot de 5 bds. No. 48 sans marqué, 46 marqué A, 132 sans marque, 9 marqué B, et 46 sans marque, adjugé au Cen. Le Fevre a éoixante livres le quintal.
La nuit survenue nous nous somes retiré et avons remis la continuation du present au premier Prairéal ce quoi a été annoncé à tout le public sour les éeings come dessns les dits jour et au.
Advenant ce jour let Prairial an 3d de la Republique Frauçoise une et indivisible, huit beure de matin, nous juge susdit avons procedé à la continuation du preéent come éuit.
33. Un lot de 5 bds. de tabac No. 123 marqué A. le 2d. sans [...] [...]que ni No. le 3mc No. 22 marqué 15. le 4mc No. 10. marqué C. le 5mc No. 16 marqué B, adjuge au Cen. Ferret a 109 le quintal.
[Page 43] 34. Un lot de 5 bds. No. 134, marqué A. 152 marqué B. 118 marqué A. 64 marqué B. 28 marque A, adjugé au Cen. Le Fevre a 126 le quintal.
35. Un lot de 5 bds. No. 1. marqué A. 90 marqué B. 63 sans marque, le 4me sans marque ni No. et le 5me No. 61 sans marque adjugé au Cen. Ferret à cent vingt cinq livres le quintal.
36. Un lot de 5 bds. No. 177 marqué A. 161, 160, 174, 162 sans marque, adjugé au Cen. Ferret à 129 le quintal.
1 er Lot. Un lot de [...]o bds. de tabac, avarié sans contre marque ni No. apparent intitulé No. 1 adjugé au Cen. Le Fevre â cent, cinquante livres le quintal.
2d. Un autre lot de 5 bds. de tabac, egallement a varié intitulé 2d lot, adjugé au Cen. Delaville â cent cinquable livres le quintal, lesquels sont egallement sans contre marque, ni No. apparents.
3me. Un autre lot de 20 bds. de tabac sans contre marque ni No. apparent, intitulê 3me lot adjugé au Cen. Le Fevre á 150 le quintal.
4me. Alendroit le Cen. Dobreé nons à declaré avoir fait bénéficier une partie de tabac que à été misi [...]en vente sous la denomination 4me lot et apres plusieu [...]s encheres il à été adjugé au Cen. Hutard à trois cents livres le quintal. La nuit survenue nous nous sommes retiré et avons remis au 4 de ce mois la peze et livraison des dirs t [...] bac, sous le seings come deffus—Siguê près la minute, P.F. Dobreé, Goyan, O [...]ieux. F. Rozier et Morin.
Advenant ce dit jour 4 Prairial an 3me de la Republique Françoise une et indivisible, huit hcure du matin, nous juge susdit avons precedé au procès verbal de la livraison requis come suit.
S'est presente le Cen. Le Fevre qui a requis la livraison du premier lot dont il est adjudicataire la quelle a été faite come éuit.
E.S.P.F.
LOT 1er. | Marques. | Nos. | Poids. |
Le Fevre | B. | 161. | 1338 |
73. | 1348 | ||
A. | 109. | 1422 | |
B. | 172. | 1403 | |
83. | 1243 | ||
6754 | |||
Tare 15 p. cent | 1012 | ||
5699 net a 106 le | 6080 | 3 | 2 |
Le Cen. Jourdan à requis livraison du 2d lot clle lui à été faite come suit: | |||
2 LOT. | B. | 155. | 1332 |
Jourdan. | 71. | 1293 | |
11. | 1304 | ||
A. | 106. | 1509 | |
107. | 1534 | ||
6972 | |||
Tare 15 p. cent | 1029 | ||
5948 à 105 ql. | 6184 |
Le Cen. Babret a requis liv raisoa du 3me lot elle lui a été faite comme suit: | |||
3 LOT. | A. | 108. | 1490 |
B abrer. | 77. | 1195 | |
B. | 69. | 1359 | |
[Page 44] | 18. | 1332 | |
111 | 1371 | ||
6747 | |||
Txet 15 p. et. | 1012 5735 a 105 le qtl. 6021 15 |
Le Cen. Galliot s'est presenté et a requis la livraison du 4 lot elle lui a été fait comme suit. | |||
4 LOT. | B. | 50. | 1446 |
18. | 1400 | ||
169. | 1344 | ||
59. | 1415 | ||
151 | 1523 | ||
7128 | |||
Tare 15 p. ct. | 1069 6059 3125 7573 15 |
Le Cen. Saupin a requis la livraison du 5 tot elle lui a été faitte comme suit. | |||
5 LOT. | A. | 43. | 1522 |
2. | 1315 | ||
116. | 1580 | ||
B. | 151. | 1243 | |
109. | 1487 | ||
7147 | |||
Tare 15 p. ct. 1072 6075 a 171 10381 5 |
Le Cen. Lesevre a requis liv raison du 6 lot elle lui à été faitte come suit. | |||
6 | 32 | 1095 | |
17 | 1195 | ||
72 | 1309 | ||
41 | 1494 | ||
20 | 1359 | ||
6452 | |||
Tare 15 p. c. | 966 | ||
54961b. at 92 5037 18 4 |
Le Cen. Brulard à requis livraison du 7 lot elle lui à été faitte come suit. | |||
7 | A | 103 | 1536 |
26 | 1694 | ||
23 | 1580 | ||
29 | 1580 | ||
30 | 1395 | ||
77851b. | |||
Tare 15 p. c. | 1168 | ||
6617 at 110 7278 4 |
Le. cen. Lefevre à requis livraison des 8 et 10 lot elle lui ont été faitte come suit. | |||
8 | B | 74 | 1295 |
58 | 1105 | ||
51 | 403 | ||
47 | 1328 | ||
60 | 1526 | ||
10 | 66 | 1400 | |
[Page 45] | 78 | 1300 | |
80 | 1272 | ||
63 | 1568 | ||
76 | 1301 | ||
13498 | |||
Tare 15 p. ct. | 2025 | ||
11473 70 [...]031 8 |
La meme a la livraison du 9 lot come suit. | |||
9 | B | 38 | 1384 |
1553 | |||
70 | [...]332 | ||
15 | [...]46 | ||
8 | [...]0 | ||
70 | |||
Tare 15 p. ct. | 1015 | ||
59631b. a 75 4472 3 |
La meme. à la livraison du 11 lot come suit. | |||
11 | B | 57 | 1441 |
24 | 1584 | ||
83 | 1315 | ||
4 | 1347 | ||
12 | 1415 | ||
7102 | |||
Tare 15 p. ct. | 1065 | ||
6037 a 90 5433 10 |
La meme à la livraison du 12 lot come suit. | |||
42 | B | 3 | 1415 |
10 | 1333 | ||
62 | 1397 | ||
1378 | |||
1384 | |||
6912 | |||
Tare 15 p. ct. | 1037 | ||
58751b. 2 120 le q. 7050 |
La meme à la livraison des 13, 24, 36 8 [...] 27 lot comme suit. | |||
13 | 31 | 1359 | |
82 | 1284 | ||
115 | 1478 | ||
1322 | |||
1522 | |||
A | 78 | 1125 | |
S | 53 | 1247 | |
24 | B | 119 | 1218 |
C | 14 | 1184 | |
A | 145 | 1203 | |
B | 93 | 1528 | |
26 | 113 | 1100 | |
A | 66 | 1163 | |
101 | 1334 | ||
C | 15 | 1312 | |
[Page 46] | [...] | 191 | 1146 |
75 | 1248 | ||
105 | 1268 | ||
A | 178 | 983 | |
188 | 115 | ||
26959 | |||
Tare 15 p. et. | 3744 | ||
21215 at 110 23336 |
La nuit survenue noua nous se [...]es retiré et avons remis au 7 de ce [...]is la continuation, du present soux les seings comme deffus. Siqué [...]urlaminute P. S. Dobrée, Goyau, Orieux, Brnlard 14 F. Rozier et Morin.
Advenant au jour 7 Prairial nous juge susdit avons procedé a la continuation des present comme suit.
Le een. Brulard a la liv raison de 3 sutailles deriz dont l'adjudication lui a été faitte pour 300 cy. 800
Le cen. Lefevre à requiré liv raison des lots No. 15 ct 32 faitte comme suit. | |||
B | 100 | 1460 | |
15 | SA | 1300 | |
1625 | |||
1250 | |||
B | 1180 | ||
48 | 1125 | ||
32 | A | 45 | 1640 |
112 | 1395 | ||
B | 9 | 1168 | |
46 | 1246 | ||
13389 | |||
Tare 15 p. c. | 2008 | ||
11381 a 60 4828 12 |
La mo [...]e à reçue liv raifon du 16 lot comme suit. | 16 | B | 7 | 1346 | |||
A | 113 | 1585 | |||||
B | 56 | 1373 | |||||
54 | 1360 | ||||||
52 | 129c | ||||||
6954 | |||||||
Tare 15 p. c. | 1043 | ||||||
5911 at 95 5615 9 |
Le Cen Terret, a reçue liv raison des 17 et 28 lots comme suit. | |||
17 | A | 78 | 1523 |
B | 67 | 1360 | |
55 | 1454 | ||
14 | 1432 | ||
20 | 1533 | ||
[Page 47] | 7302 | ||
A | 47 | 1383 | |
114 | 1392 | ||
38 | B | 201 | 997 |
A | 45 | 1333 | |
1408 | |||
139l6 | |||
Tare 15 p. ct. | 2087 | ||
11829 a 100 11829 |
Le Cen Jourdan, a reçue liv raison du 18 lot comme suit. | ||
Jourdan B | 85 | 1244 |
1 | 1300 | |
A | 104 | 1396 |
121 | 1435 | |
1620 | ||
6295 | ||
Tare 15 p ct. | 1049 | |
5946 a 125 7432 10 |
Le Cen. Lefevre, a reçue liv raison du 19 lot comme suit. | ||
Lefevre A | 53 | 1350 |
29 B | 91 | 1460 |
C | 1 | 1496 |
33 | 1390 | |
3 | 1670 | |
7366 | ||
Tare 15 p. ct. | 1102 | |
6264 94 5869 72 |
Le Cen. Ferret, a reçue liv raison du 20 lot comme suit. | ||
Ferret 20 L | 157 | 1370 |
1410 | ||
A | 39 | 1340 |
B | 112 | 1108 |
A | 29 | 1516 |
6744 | ||
Tare 15 p. ct. | 1072 | |
5672 a 105 6166 |
[Page 48]
Le Cen. Muller a reçue liv raison du 21 let comme suit. | |||
Mulle [...] | [...] | 87 | 1320 |
100 | 1437 | ||
39 | 1340 | ||
222 | 1256 | ||
81 | 1094 | ||
[...]447 | |||
Tart 15. p. c. | 974 | ||
5473 at 100 5119 |
Le Cen. Jourdan a recu liv raison du 22 lot comme suit. | ||
Jourdan 22. B | 107 | 1260 |
A | 52 | 1120 |
B | 223 | 1332 |
A | 49 | 1310 |
55 | 1416 | |
6438 | ||
Tare 15 p. c. | 966 | |
5472 at 103 5636 |
Le Cen. Labials a rcçu liv raison du 23me lot comme suit. | ||
Lebials 23 B | 44 | 1604 |
114 | 1283 | |
168 | 946 | |
C | 20 | 1150 |
B | 86 | 1248 |
6232 | ||
Tare 15 p. c. | 934 | |
5297 at 125 6620 |
Le Cen. Lefevre a reçu liv raison du 25 lot comme suit. | |||
Lefevre 25. C | 26 | 1240 | |
A | 169 | 1122 | |
11 | 1347 | ||
170 | 2158 | ||
B | 127 | 1084 | |
5951 | |||
Tare 15 p. c. | 893 | ||
5058 at 121 5120 |
[Page 49]
Le Cen. Lefevre a reçu liv raisn du 29 lot comme suit. | ||
Lefevre 29. A | 117 | 1296 |
B | 60 | 1384 |
175 | 1146 | |
A | 93 | 1333 |
B | 101 | 1033 |
6192 | ||
Tare 15 p. c. | 929 | |
5263 a 75 3947 |
Le Cen. Branger a rcçu liv raison da 30 lot comme suit. | ||
Branger 3c. B | 179 | 124 [...] |
89 | 12 [...]4 | |
216 | 1078 | |
1454 | ||
13 | 1621 | |
6599 | ||
Tare 15 p. c. | 990 | |
5609 a 119 6674 14 2 |
Le Cen. F [...]ret a recu liv raison du 31 lot comme suit. | ||
Ferret 31. B | 49 | 1506 |
79 | 1345 | |
A | 110 | 1500 |
B | 84 | 1370 |
42 | 1525 | |
7246 | ||
Tare 15 p. c. | 1087 | |
6159 a 80 4927 4 |
Le Ccn. Lefevre a recu liv raison du 34 lot comme suit. | ||
Lefevre 34. A | 134 | 1553 |
B | 152 | 1412 |
A | 118 | 1456 |
B | 64 | 1456 |
A | 28 | 1584 |
7461 | ||
Tare 15 p. c. | 1119 | |
6342 a 116 7990 18 4 |
[Page 50]
Le Cen. Ferret a recu liv raison du 33me lot comme suit. | ||
A | 123 | 1528 |
1302 | ||
B | 22 | 1332 |
C | 10 | 1197 |
B | 16 | 1422 |
6781 | ||
Tare 15 p. c. | 1017 | |
5764 a 109 6282 |
La nuit survenue nous nous sommes retiré et avons remisla continuation du present sous les seings comme dessus les dits jour et an signé près la minute, P. F. Dobreé. Goyau, Orieux, F. Rozier & Morin:
Advenant ce jour 8 Prairial an 3 de la Republique Françoise Une & Indivisible, nous Juge susdit avons procédé à la continuation du present comme suit.—Le Cen. Ferret a reçu liv raison du 35 lot comme suit.
A | 1 | 965 |
Ferret 35 B | 90 | 1320 |
68 | 1534 | |
1503 | ||
61 | 1545 | |
6867 | ||
Tare 15 p. c. | 1030 | |
5887 a 125 7296 5 |
Le Cen. Ferret a reçu liv raison du 36me lot comme suit. | ||
A | 117 | 1146 |
Ferret 36 | 161 | 1184 |
160 | 1132 | |
175 | 1237 | |
162 | 1123 | |
5821 | ||
Tare 15 p. c. | 873 | |
4949 a 122 6384 4 |
[Page 51]
Le Gen. Lefevre a reçu liv raison de 20 Bds. composant son adjudication sous la dénomination 1 lot comme suit. | |
1173 | |
1182 | |
1603 | |
1181 | |
1062 | |
1332 | |
1335 | |
1070 | |
1246 | |
1314 | |
1522 | |
1222 | |
1290 | |
1300 | |
1404 | |
1274 | |
1235 | |
1243 | |
1200 | |
1169 | |
25447 | |
Tare 15 p. c. | 3817 |
21830 a 150 32445 |
Le Cen. Delaville a reçu liv raison du 2 lot de la meme partie comme suit. | |
882 | 985 |
13391 | 1210 |
1414 | 907 |
1136 | 410 |
1480 | 1150 |
1163 | 1360 |
1281 | 1673 |
1223 | 1242 |
1185 | 1185 |
1347 | 1347 |
12602 | 12603 |
12602 | |
25205 | |
Tare 15 p. c. | 3781 |
21424 a 150 32136 |
[Page 52]
Le Cen. Lefevre [...] reçu liv raison du 3me [...] composé de dix sept Beucauls comme suit. | |
1016 | 1446 |
1218 | 1227 |
1204 | 1266 |
1037 | 1200 |
1132 | 1174 |
1348 | 1544 |
1283 | 1169 |
1342 | - |
1210 | 9024 |
- | 11932 |
11932 | - |
- | 20956 |
Tare 15 p. c. | 3143 |
17813 a 150 26719 |
Le Cen. Hautand a reçu livraison du 4e lot, qui comprend la partie de tabac beneficié, le resulta [...] des pezées a donné net, onze cent quarante six livres a trois cent livres le quintal, font ci. | 3438 0 0 |
Ce sont toutes les merchandises avarirées provenant de la cargaison du navire les Deux Amis proces verbal de vente ci-devant, calcul fait des prix des livraisons, il se leve a la some des trois cents trois mille soixante cinq livres dix neuf sols, | |
303065 19 0 |
A l'endroit le Cen. Dobrée a dit qu'il existe encore quarante sept boucauds de tabac de la meme cargaison, qu'il ma par me devoir classer dans la partie avariée parcequ'il croit qa'on tirant le pourri apparent et en faisant une refraction, il peut les vendre côme marchand, que cependant il ne veut rien prendre sur son compte, a cet égard, qu'il croit qu'il est de l'interest des proprietaires et des assures, de les faire visiter par experts pour avoir leur Avis, pour quoi il requiert ainsi que le Cen. Goyau que nous nommions des experts pour visiter les dits tabac et avoir déux les aparements résultant de l'état des dits tabac et a signé avec le dit. Goy [...] Signé sur la minute, P. S. Dobrép et Goyau.
Desquels dire et réquisitions, nous juge susdit avons decerné acte en consequence avons nommé d'office pour experts, les Cen. Brulard et Sauerwald, icux invités de se reudre au lieu de la commission, ont comparus et prêté. serment de se bien et fidellement comporter au fait de leur commission à láquelle ils ont vacqué de suite. D'apres leur examen ils nous ont fait voir [Page 53] et avour vu 47 boueauds de tabac J S, examen nonveau par eux fait ils ont declaré ètre d'avis de faire extraire le tabac pourri et qui est apparent. En consequence avons ordonné des ouvriers et le tabac pourri passé a la ballance il sén est trouvé 3123 lb. qui les experts estiment de nulle valeur.
Quant au surplus des boucauds ils ont declaré qu'ils pouvoient être vendus pour marchand, moyenant une refraction de trente livres par boucaud á raison du pourri qu'ils n'ont extrait ce qui fait pour la ditte refraction sur les quarantes boucauds, 1410 lbs.
Telle est le raport des experts, qu'ils ont affirmé sincere et veritable et ont declaré y persister, et ont signés. Signé sur la minute, Brulard fils et Y. C, Saneerwald.
De tout quoi avons decerné acte, ainsi qui de toutes les protestations du Cen. Dobrée vers et contre, qui il appartie. Nous declarons aussi que tous les boucauds vendus sont marqué des J S mais que p [...]eurs ne porten point de contre marque ni de No soit qu'ils soient effacés ou qu'il n [...]en ait point été mis avant le chargement.
Arreté environ les huit heure du soir, nos seings ceux du Cen. Dobrée, du Cen. Goyau et du Greffier les dits jour et an que devant. Signé sur la minute P. F. Dobrée, Goyau, Orieux. F. Rozier et Morin.
Au Greffe expedition papier séyon assau recu quarante six livre dix sols.
La minute du présent a ét enregistree anandate ving [...] sept Prairial au treitrimioecle republique par Bertrand, (L. S.) qui a recu trois mille trente deux livres.
I, Peter Frederic Dobrée, Vice-Consul of the United States of America at Nantes, &c. certify, that Citizen Morin, (L. S.) who has signed the above, is Griffier or Recorder of the Tribunal of Commerce, and to have myself been present at the sales of the tobacco referred to; in faith of which I have signed the present certificate. Nantes, 7th June, 1795.
Je sousigné Pierre Christophe Prale, Président au Tribunal de Commerce de Nantes, certifie et atteste a qu'il appartien que la signature apposée de l'autre partest est celle de Jean Morin, Commis Greffier juré ence tribunal à la quelle foy doit etre, ajanuée tout on jugement que hors; en soy de quoi je détivré le présent et ài celui fait apposé sceau du tribunal pour valoir selon ce quelle reste.
[Page 54] Nantes le vingt neuf Prairial an troisieme de la Republique Française, une et indivisible.
I, Peter Frederic Dobréc. Vice-Consul of the United States of America at N [...]n [...], certify that the signature above is that of the Cit. Prale, President of the Tribunal of Commerce, and to have been myself present at the sale and inspection of the said tobacco. In faith and testimony of which I have signed the present, and caused my seal of office to be thereunto affixed. Nantes, 17th June, 1795.
On motion of Mr. Advocate General for the usual monition to be issued—Ordered accordingly—returnable on Saturday, the 5th day of September next.
Before the Hon. JOHN GREEN, Esq Judge of said Court,
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The Court being opened by the usual proclamations,
Mr. Advocate General then preferred the following petition in behalf of Capt. Josiah Basden, which is as follows, to wit:
To the Hon. JOHN GREEN, Esq Judge of the Court of Vice-Admiralty, &c.
The humble petition of Josiah Basden, commander of the sloop favorite,
Humbly sheweth.
That your petitioner hath lately captured a ship called the Two Friends, with a valuable cargo, and a number of French passengers on board, [Page 55] which ship has been since libelled against in this honorable court.
That there are some valuable articles of light carriage on board, as cash and watches, which your petitioner conceives are improper to be left on board, from the frequency of communication with the vessel by the Americans and others.
Your petitioner therefore humbly prays leave of your honour to permit him to take the same articles from on board, to be placed in safe custody on shore, and also for liberty to examine the Captain's trunks, and other pachages, for papers. And your petitioner, as in duty bound, &c.
On the prayer of the above petition the Judge ordered a warrant to be issued, to the Marshal of this court, for the purpose contained in the said petition.
Before the Hon. JOHN GREEN, Esq Judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The Court being opened by the usual proclamations,
There was returned into Court, by the Marshal, the warrant issued for unlading certain articles from on board of the ship Two Friends, with the Marshal's return endorsed thereon, to wit:
JOHN GREEN. Whereas, John Grove Palmer, Esquire, Advocate General and Proctor for Josiah Basden, Commander of the private sloop of war, the Favorite, has, by petition, prayed the court for leave, that sundry articles of light carriage, consisting of cash and watches, may be permitted to be landed from on board the said ship Two Friends, for better security of the same, and has also prayed leave, that the captain's trunks, and other packages, may be examined for the discovery of papers.
These are, therefore, to authorize and empower you, the Marshal aforesaid, to cause the money and watches to be landed, for the greater security of the same; as also to cause the captain's trunks to be opened and examined, and to take a particular account of sundry articles, as shall be landed, and a return thereof to make to me as soon as may be, and for so doing, this shall be your warrant.
Given under my hand and seal, this 21st day of August, 1795.
Pursuant to the within warrant to me directed, I have been on board the ship Two Friends, and after having examined the trunks, &c. have landed the following articles, viz.
[Page 57]
1 bag containing | 108 French crowns. | |||||
1 do. | 192 dollars. | 1 crown. | 30 1-4 dollars. | 1 1-16 do. | 3 joes. | I do |
1 bag | 199 d 7-8 crowns. | |||||
I do. | 282 crowns. | |||||
1 box with silver watches and 19 gold do. |
Mr. Harvey then offered to the court a letter of procuration from Capt. Samuel Williams which was admitted and filed, and is as follows, (to wit:)
BE it known, to all persons whomsoever, that I, Samuel Williams master and claimant of the ship Two Friends, do hereby nominate, constitute, and appoint Benjamin Dickinson Harvey of the islands of Bermuda, my proctor in the above suit.—And I do hereby invest him, the said Benjamin Dickinson Harvey with full power and authority to do and act all and singular the matters and things in the said suit as fully and amply on my part as I myself might or could do in any cause whatever agreeably to the stile and practice of the court of Vice-Admiralty—Given under my hand and seal this [Page 58] third day of Sept. in the year of our Lord one thousand seven hundred and ninety five.
Mr. Harvey then moved the court for leave to prefer a claim in behalf of captain Samuel Williams and the owners, officers and crew of the ship Two Friends and her lading, &c. and acquainted the court that captain Williams was ready to enter into stipulation for that purpose.
Then appeared in court capt. Samuel Williams, with Benjamin Dickinson Harvey, Esq his surety, who submitting themselves to the jurisdiction of this court, acknowledged themselves jointly and severally held and firmly bound to our sovereign lord the king, his heirs and successors, that they will answer and pay double costs as this court shall tax, and answer the prosecution of this suit.
The claim was then admitted and sworn to, and is as follows, (to wit)
In the matter of the ship Two Friends, Samuel Williams master, her boats, tackle, apparel, furniture, and her cargo laden on board at the time of the capture, by the private armed sloop of war, called the Favorite, Josiah Ba [...]den commander, and now under prosecution in the said court—Samuel Williams master of the said ship Two Friends, by Benjamin Dickinson Harvey, his lawful Proctor, comes here into this honorable court, and claims the said ship Two Friends, her boats, tackle, apparel and furniture as [...] her cargo laden on board at the time of the capture, for and in behalf of John Swanwick, merchant, and certain persons who were underwriters [Page 59] on the said ship Two Friends, and he [...] cargo and this claimant, all of Philadelphia and citizens of the United States of America, and the owners, officers, and crew of the said ship the lawful and true owners thereof, according to their respective rights, shares, interests, and proportions therein; and prays that the same may be restored to him with damages and costs for the wrongful capture, detention, and prosecution thereof.
Samuel Williams, the master and claimant above-named being duly sworn on the Holy Evangelists of Almighty God, deposeth and saith, that the said ship Two Friends, her boats, tackle, apparel, and furniture, as also her cargo (exclusive of the passengers baggage, the private adventures of the claimant and the rest of the officers and crew of the said ship, and a certain proportion of the said cargo belonging to the said underwriters in Philadelphia, arising from the sales of such part of the outward cargo of the said ship [...]s was damaged) were at the time of the capture and will be if restored, the true and lawful property of the said John Swanwick, for whose account and risque the said cargo was shipped by John K. Helmuth, an American citizen, who went to France as supercargo of the said ship and there tarried; and that the owners of the said ship and cargo are citizens of the United States of America, in peace and amity with the king of Great-Britain and his allies: The said claimant further saith, that upon his being captured he was dispossessed of his papers (except those which he delivered up when he was examined upon the usual interrogatories) [Page 60] since which neither he nor his proctor or counsel have been able to procure copies, or to peruse them, it being a privilege, as the claimant is informed, not allowed by this honourable court to any master of a captured vessel or other claimant whatever, before a claim is filed, unless the adverse party consents thereto.
Before the Hon. JOHN GREEN, Esq Judge of said Court,
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
On motion and consent of the parties in the case of the ship Two Friends, that publication may pass in the said cause—Ordered accordingly.
The answer of the master and others taken on the standing interrogatories, are as follows, viz.
The answer of the master taken on the standing interrogotories who being duly sworn, deposeth and saith—
To the first interrogatory, That he was born in Philadelphia, and has resided there for the last seven years past; he is a citizen of the United States of America, and is a freeman of the city of Philadelphia.
To 2d interrogatory, The respondant was present and on board of the vessel, concerning which he is now examined, at the time she was seized and taken she had not any commission.
[Page 61] To 3d interrogatory, The said vessel was taken in the latitudes of 38, 40, north, and longitude 72, 30, west, on the second day of this instant August, he knoweth not upon what pretence or for what reasons the said vessel was taken, unless on a suspicion that the vessel had French property on board. The vessel was brought to this port of Bermuda, she failed under American colours, no other colours were on board, no resistance was made—the vessel was taken by the sloop Favorite, Josiah Basden, commander, she was an armed vessel but he knoweth not whether she had any commission, no other vessel was in sight at the time of the capture.
To 4th interrogatory, This respondant was the master of the said vessel taken, he was appointed to the command of the said vessel, by John Swan wick, who lives in Philadelphia; he took possession of the said ship at Philadelphia—this respondant's place of abode is in Philadelphia, where his wife and family reside.
To 5th interrogatory, The said ship is three hundred and seventy tons and an half; there were seventeen mariners including the respondant belonging to the said ship at the time she was taken, the greater part of them are Americans, and the others are of different countries, but he knoweth not of what countries in particular, some of them were shipped in America, and others were shipped and came on board in France.
To 6th interrogatory, The respondant was not interested in the vessel nor any of his officers, but he had on board as his private adventure, a piece of black mode, twenty six pounds and an half (French weight) of sewing silk, [Page 62] twenty five silk shawls, one dozen silk handkerchiefs, fourteen dozen and an half of men's and women's kid skin gloves, between three and four hundred dollars in specie, three silk umbrellas, one fowling piece, one hanger, and one new mahogany desk; he knoweth not in particular what the mate has, an apprentice of this respondant's has as his adventure two dozen of silk umbrellas; the respondant was the master of the said ship taken, he first saw the said vessel at P [...]iladelphia, where she was built in the month of May, one thousand seven hundred and ninety four.
To 7th interrogatory, The name of the said ship taken is the Two Friends, and has been called by that name ever since she was built—the said ship had a (sea brief) or sea letter on board which was obtained at Philadelphia. The voyage the said vessel sailed before she was taken, was from Philadelphia to Nantz in France, and carried from Philadelphia a cargo of tobacco, rice and staves, the tobacco and rice were delivered at Nantz, the staves are now on board the ship; the last clearing from which the said vessel sailed previous to her capture, was Nantz, and sailed from thence on the 21st day of June last.
To 8th interrogatory, At the time the said vessel sailed from her last clearing port as aforesaid, she had on board wine, dry goods, currants, raisins, prunes, he cannot ascertain the particular quantity of either of the said articles, as his books and bills of lading are all delivered out of his possession; there was also on board nine hundred dollars in specie, nineteen gold watches, and twenty silver ditto, which goods and articles were on board at the time the vessel [Page 63] was taken, and were laden on board in the latter end of May and beginning of June last.
To 9th interrogatory, At the time that the said ship was seized and taken, she was owned by John Swanwick, and the respondant was shipped by him as being the owner of her; he believeth the said Mr. Swanwick was born in England, but resides in Philadelphia, and is a citizen of the United States of America, and is a member of the American Congress.
To 10th interrogatory, There was a bill of sale made from James Doughty, the builder of the said ship, to the aforesaid Mr. Swanwick and Alexander Forster, the said Mr. Forster afterwards sold his part of the said ship to the said Mr. Swanwick.
To 11th interrogatory, The cargo was all brought on board of the said ship, in lighters from Nantz while lying in the river.
To 12th interrogatory, The lading on board of the said ship at the time she was seized and taken, was shipped by John K. Helmuth, he is an American, but was then at Nantz, and went out supercargo of the said ship from Philadelphia, the lading was to have been delivered at Philadelphia, for and on the account, risk, and benefit of the aforesaid Mr. John Swanwick, and the underwriters of the ships outward cargo from America, some part of which being damaged in the voyage to France was there sold for the account of the underwriters, and the proceeds remitted on their account, the whole of which was consigned to the said Mr. Swanwick. The respondant does take upon himself to swear that he believeth that at the time of the lading the cargo and at this present time, and also if the said goods shall be restored and unladen at the [Page 64] destined port, the goods, did, do and will belong to the persons now asserted to be the owners and to none others.
To 13th interrogatory, The respondant signed three or four bills of lading, he is not certain which, for the goods shipped on Mr. Swanwick's account, and believeth the same were signed for the goods on the account of the underwriters of the outward cargo brought out in the said ship; neither of which were false or colourable, nor were there any differing in any respect from, those found on board at the time the vessel was taken, he does not recollect whether he signed any bill of lading for the nine hundred dollars in specie on board, but they were delivered to him by the aforesaid John K. Helmuth to be delivered to Mr. Swanwick at Philadelphia, as his the said Mr. Swanwick's property.
To 14th interrogatory, There are not in Great Britain any bills of lading, invoices or instruments, relating to the said ship or goods, to his knowledge.
To 15th interrogatory, There was not any charter party signed for the voyage.
To 16th interrogatory, At the time the said vessel sailed from her last clearing port, she had on board a register and other usual ships papers, and letters he supposes containing invoices of the cargo, and many other letters and news papers, no papers were burnt, torn, thrown overboard, destroyed or cancelled, concealed or attempted to be concealed.
To 17th interrogatory, The said ship has never been seized as prize before her present capture.
To 18th interrogatory, The respondant has not as yet sustained any loss himself, but the ship [Page 65] has sustained damage by the capture and detention, but he cannot now ascertain what he has or may suffer by the capture and detention of the said ship and her lading, he has not received or been promised any indemnity or satisfaction for any damage he has or may sustain by the said capture and detention.
To 19th interrogatory, He believeth the vessel was insured out and home, and further knoweth not.
To 20th interrogatory, In case the vessel had arrived at her destined port, and the cargo there unladen, it would have become the property of the aforesaid Mr. Swanwick, and the underwriters as beforementioned.
To 21st interrogatory, Some part of the wine on board of the said ship is of the growth and produce of France, the other wine and the other goods he knoweth not of what country they are the growth or produce of.
To 22d interrogatory, The lading was all brought on board of the vessel in lighters from Nantz at different times.
To 23d interrogatory, Bills [...] [...]ding for the goods shipped on board of the said vessel were to have been forwarded from France to Philadelphia.
To 24th interrogatory, The respondant at the time the vessel was taken delivered his vessels' register, and some other papers to captain Basden, by whom he was taken, who delivered them to the prize master—and this day the respondant delivered into the registry of the court of vice-admiralty sundry accounts and other papers; also a letter directed to Edmund Randolph, Esquire, secretary of the United States of America.
[Page 66] To 25th interrogatory, Bulk was not broken during the voyage, before the capture or since to his knowledge.
To 26th interrogatory, There were fourteen passengers on board of the said ship, none of whom were secreted at the time of the capture, there were three men, eight women and three children; they are French, but of what rank, profession or occupation, he knoweth not—he knoweth not whether either of them had any commission, they came on board from Nantz whilst the ship lay in the river there—they were destined for Philadelphia he believeth, to settle in America, neither of the said passengers had any property on board, except their apparel and baggage, nor any concern or authority, directly or indirectly, in the ship or her cargo; there were not any officers, soldiers or mariners on board, except the ships crew, nor any of his Britannic majesty's subjects, to his knowledge.
To 27th interrogatory, The ships papers, bills of lading, and other papers, were true and fair, to the best of his knowledge, as he knew of none being false or colourable, or of any matter to affect their credit;—the sea brief (or sea letter) was obtained from the custom house at Philadelphia by this respondant, and was obtained for this vessel only, and oath was made to the same by this respondant, as is therein described, and was not delivered in fact without his having made such oath, he does not recollect what see was paid for the same.
To 28th interrogatory, Answered in the answers to the 14th and 23d interrogatories.
To 29th interrogatory, At the time the said ship was pursued and taken, she was steering a course for Philadelphia—the course was not altered [Page 67] upon the appearance of the vessel, by which they were taken; the course was at all times as the wind and weather permitted, directed for Philadelphia, for which place the vessel was destined.
To 30th interrogatory, There was a transfer made from Mr. Forster, who formerly owned one half of the said ship to Mr. Swanwick, for his part of her, but for what sum or consideration he knoweth not; which transfer was truly and fairly made, and not for the purpose of covering or concealing the real property, and that if the said ship shall he restored she will belong to the said Mr. Swanwick, and to no other person.
To 31st interrogatory, No guns were mounted on board of the said vessel or any arms or ammunition belonging to her, or any on board, except a fowling piece, and an hanger, which belongs to this respondant, nor were there any military or naval stores on board.
To 32d interrogatory, What this respondant has declared is all that he knoweth or believeth according to the best of his knowledge and belief, regarding the real and true property and destination of the said vessel and cargo, concerning which he has now been examined to the time of the capture.
These are to certify to all whom it doth concern, that Samuel Williams, master or commander of the ship called the Two Friends, burthen 370 66-95 tons;A, ENGLE, D. Collector, mounted with guns, navigated with men, United States built, and bound for Nantz, hath here loaden and taken on board a cargo, as per manifest annexed, and hath here entered and cleared his said vessel according to law; and these are further to certify, that it appears by the original register now produced to us,W. TILTON, D. Officer, that the above-mentioned ship was registered at Philadelphia, the seventeenth day of November, 1794.
Given under our hands and seals of office, at the custom house, this twenty second day of November, in the year of our Lord one thousand seven hundred and ninety four.
On this twenty second day of November in the year of our Lord one thousand seven hundred and ninety four, before me Robert Henry Dunkin, Esq notary public, for the Commonwealth of Pennsylvania, duly commissioned and authorized by law, to administer oaths and affirmations, dwelling in the city of Philadelphia, personally came John Swanwick, of said merchant who being duly sworn according to law, on his solemn oath, deposes and says, that the goods mentioned in the annexed manifest here shipped in the ship Two Friends, whereof Samuel Williams is master, now bound from this port to Philadelphia, [Page 69] for the port of Nantz, are the sole property of this deponent, together with John K. Helmuth, Samuel Williams and William Knight, all of whom are citizens of the United States of America, and that the tobacco and rice are of the growth and produce of the United States, and that no citizen or subject of the present belligerent powers, or any of them, hath any share, part, or interest therein, directly nor indirectly, and that the said goods are bona fide bound directly for the said port of Nantz.
Report and manifest of the cargo of the ship Two Friends, Samuel Williams, master, bound for Nantz.
Marks | No. | Packages and contents | by whom shipped | on whose account |
S A | 1 a 83 | One hundred and eighty eight hogsheads Tobacco. | John Swanwick a citizen of the U. S. of America. | John Swanwick a citizen of the U. S. of America. |
S B | 1 a 232 | Two hundred and thirty two hogsheads of ditto. | ||
S C | 1 a 28 | Twenty eight do. of do. | ||
S | 1 a 98 | Ninety seven tierces and one half tierce of rice. | ||
S A | 189a199 | Eleven hhds. of tobacco. | John K. Helmuth a citizen of the U. States of America. | John K. Helmuth a citizen of the U. States of America. |
S B | 233a241 | Nine do. of do. | John K. Helmuch a citizen of the U. States of America. | John K. Helmuth a citizen of the U. States of America. |
Do. | 242a249 | Eight do. of do. | S. Williams. | S. Williams. |
S | 99a 100 | Two tierces of rice. | Wm. Knight a citizen of the U. States of America. | Wm. Knight a citizen of the U. States of America. |
S. 1 a 88 Hhds. S. B. 1 a 232 do. S. C. 1 a 28 do. Tobacco. S. 1 a 98 Rice. SHIPPED in good order and well conditioned, by John Swanwick, in and upon the good ship called the Two Friends, whereof is master for this present voyage Samuel Williams, and now riding at anchor in the river Delaware, and bound for Nantz, to say, four hundred and forty eight hogsheads of tobacco, and ninety seven whole and one half tierce of rice, on account and risque of the shipper, a citizen of the United States of America, being marked and numbered as in the margin, and are to be delivered in the like good order, and well conditioned, at the aforesaid port of Nantz, (the danger of the seas only excepted) unto John K. Helmuth, or to his assigns, he or they paying freight for the said goods, as owners property—In witness whereof the master or purser of the said ship hath affirmed to four bills of lading, all of this tenor and date; the one of which bills being accomplished, the others to stand void—Dated in Philadelphia, 24th November, 1794.
THE ship Two Friends whereof you are master, being now loaden and ready for sea, you will proceed with her with all possible dispatch, for the port of Nantz or Bourdeaux, in France, which ever you can most conveniently attain, and on your arrival there deliver your cargo agreeably to bills of lading, to Mr. J. K. Helmuth, supercargo on board, unless by any difficulty unforeseen at present, it should be impossible [Page 71] to sell and take in a back cargo there, in which case you must even go on to such other port as Mr. Helmuth may direct, and as may be most for my interest; so soon as your outward cargo is unloaded you will with all possible dispatch take on my account, a return cargo of salt, brandy, wine, oil, soap, prunes, and any other articles Mr. Helmuth may furnish, and proceed back here with such freight, goods or passengers as may offer, and you can take without endangering my property on board—in all things write me constantly of your proceedings, take good care of your vessel and stores, and make every dispatch in your power, the success of the voyage depends greatly on this.
Should any accident happen to Mr. Helmuth you must open my letters for him, and act as he would have done; but this I hope will not occur, and in that case you must consult with him, and in all things act together for the best of my interest, and in case of accident take care to leave your papers regularly made out to recover from the underwriters.
The answer of John Harper taken on the standing interrogatories, who being duly sworn deposeth and saith—
To the 1st interrogatory, That he was born in Philadelphia, which is and has been his place of abode for the last seven years past and upwards, he is a subject or citizen of the United States of America, he is not a burgher or freeman of any city or town.
[Page 72] To 2d interrogatory, The respondant was present and on board of the vessel, concerning which he is now examined, at the time she was seized or taken, she had not any commission.
To 3d interrogatory, The said vessel was taken in the latitude of 38, 00, north, and longitude of 62, 30, west, the said vessel was taken to the best of his recollection, on the first day of this instant August, he knoweth not upon what pretence or for what reasons the said ship was seized and taken, the vessel was brought to this port of Bermuda, she sailed under American colours, no other colours were on board, no resistance was made, the said ship was taken by the sloop Favorite, Josiah Basden, commander, she was an armed vessel, but he knoweth not whether he had any commission, no other vessel was in sight at the time of the capture.
To 4th interrogatory, The name of the master of the said ship is Samuel Williams, the respondant has known the said master for ten or twelve years past, and this respondant believeth that he was appointed to the command of the said ship by Mr. John Swanwick, who lives at Philadelphia, and he took possession of her there, the master was born in Philadelphia, his place of abode is there also, where his wife and family reside, and is a citizen of the United States of America.
To 5th interrogatory, The said ship taken is three hundred and odd tons burthen, (he does not know exactly); there were seventeen mariners belonging to the said ship at the time she was seized and taken, several of them were Americans, and the others of different countries, but knoweth not of what particular countries, three were shipped in France, the others were all shipped and came on board in Philadelphia.
[Page 73] To 6th interrogatory, The respondant was not interested in the ship nor the master, or any of the mariners; the master has a private adventure on board in specie, and some goods, but knoweth not the particulars, or the particular amount of either; the respondant has on board as his own property, a looking glass, and a few articles in his chest for his family, such as a piece or two of lace, and a few pair of silk stockings. This respondant did belong to the said ship at the time she was taken, in the capacity of chief mate; he first saw the said ship at Philadelphia, in the month of June or July, 1794; she was built in Philadelphia.
To 7th interrogatory, The name of the said ship taken is the Two Friends, and has been called by that name ever since she was built, he knoweth not whether she had a sea brief (or sea letter) on board; the voyage the said vessel sailed before she was taken was from Philadelphia to Nantz, and carried from Philadelphia a cargo of tobacco and rice, which was delivered at Nantz—the last clearing the said ship sailed from, previous to her capture was Nantz, and sailed from thence sometime in the month of June, he cannot recollect the particular day of the month, as the log book was taken possession of by the captors.
To 8th interrogatory, At the time the said vessel sailed from her last clearing port as aforesaid, she had on board a cargo, consisting of wine, raisins, currants, prunes, he cannot now ascertain the particular quantity of either sort, and some trunks, the contents of which he knoweth not; which goods were all on boa [...] at the time the vessel was taken, and were laden on board in the month of May and June last.
[Page 74] To 9th interrogatory, At the time the said ship was taken, she was owned by John Swanwick, and was owner of her when he the respondant was shipped on board by the master, he knoweth not of what country Mr. Swanwick is by birth, he resides in Philadelphia, and is a citizen of the United States of America, and was a member of the American Congress when this respondant sailed from Philadelphia in the aforesaid ship.
To 10th Interrogatory, He knoweth not.
To 11th Interrogatory, The lading was all brought on board in Lighters from Nantz at different times.
To 12th interrogatory, The lading on board of the said ship at the time she was seized and taken, was shipped by Mr. John K. Helmuth as he informed this respondant himself, (he came out from Philadelphia, in the said ship as Supercargo) his place of residence is in Philadelphia, but he was then at Nantz—The lading was to have been delivered at Philadelphia, and he always understood and was informed that the goods were for and on the account risk and benefit of Mr. Swanwick, the owner of the ship and no other person to his knowledge.
To 13th interrogatory, He knoweth not how many bills of lading were signed for the goods seized on board of the said ship.
To 14th interrogatory, He knoweth not.
To 15th interrogatory, There was not any Charter party signed for the voyage to his knowledge.
To 16th interrogatory, The respondant knoweth not what particular papers were on board of the said ship at the time she took her departure from her last clearing port before her [Page 75] being taken as prize as they were in the master's possession—No papers were burnt, torn, thrown overboard, destroyed or cancelled, concealed or attempted to be concealed to his knowledge.
To 17th interrogatory, The said ship has never been seized as prize before her present capture.
To 18th interrogatory, The respondant has not as yet sustained any loss by the capture.
To 19th interrogatory, He has heard that the ship and the outward cargo from America were insured, but further knoweth not.
To 20th interrogatory, In case the vessel had arrived at her destined port and the cargo there unladen, he verily believeth it would have become the property of the aforesaid Mr. Swanwick the owner of the ship.
To 21st interrogatory, Some part of the cargo of wine, which the respondant has seen, is French wine, the other he does not in particular know, the whole of the goods were taken on board in France, he knoweth not of what country they are the growth or produce of.
To 22d interrogatory, The lading was all brought on board in lighters, from the shore at Nantz, at different times.
To 23d interrogatory, None to his knowledge.
To 24th interrogatory, He knoweth not what papers were delivered out of the said ship at any time.
To 25th interrogatory, Bulk was not broken during the voyage before the capture, or since to his knowledge.
To 26th interrogatory, There were fourteen passengers on board, men, women and children, none of whom were secreted at the time of the [Page 76] capture—They are all French people, he does not in particular know their names, nor does he know their rank, profession or occupation, they came on board at Paimboeuf, about thirty miles distance from Nantz, they were going to Philadelphia, and were, he believeth, to settle in America—They had not any property on board except their baggage, nor any authority or concern directly nor indirectly in the ship or her cargo—There were not any officers, soldiers, or mariners, or any of his Britannic majesty's subjects secreted on board at the time of the capture.
To 27th interrogatory, He knoweth nothing of the ships or other papers found on board as they were in the possession of the master, but never heard or knew of any false or colourable papers being on board, and further to this interrogatory knoweth not.
To 28th interrogatory, Answered in the answers to the 14th and 23d interrogatories.
To 29th interrogatory, At the time that the said ship was pursued and taken, she was steering a course for Philadelphia—The course was not altered upon the appearance of the vessel by which she was taken, but the course was always as the wind and weather permitted, directed for Philadelphia, for which place the vessel was destined.
To 30th interrogatory, He knoweth of no sale or transfer of the said vessel made at any time, and that if the said vessel shall be restored he verily believeth that she will belong to the aforesaid Mr. Swanwick, and to no other person.
To 31st interrogatory, No guns were mounted on board of the said vessel, or any arms or ammunition belonging to her or any on board, [Page 77] except two fowling pieces, one of which belongs to the captain and the other to this respondant.
To 32nd interrogatory, What this respondant has declared is all that he knoweth or believeth, according to the best of his knowledge and belief regarding the zeal and true property and destination of the said vessel and cargo, concerning which he has now been examined to the time of the capture.
The answer of Andrew Fogelstrom, taken on the standing interrogatories, who being duly sworn, deposeth and saith—
To the first interrogatory, That he was born at Stockholm, in Swedeland, he has for the greater part of the last seven years past, sailed out of London, the latter part he has sailed out of America, he follows the sea and has no particular place of abode, he is a subject to the king of Sweden, he is not a burgher or freeman, of any city or town.
To 2d interrogatory, This respondant was present and on board of the vessel, concerning which he is now examined, at the time she was seized and taken, she had not any commission.
To 3d interrogatory, The respondant kept no reckoning, he knoweth not what latitude the said vessel was taken in, nor does he recollect on what day of the month the said vessel was taken, nor on what pretence, she was brought to [Page 78] this Port of Bermuda, she sailed under American colours, no other colours were on board, no resistance was made; the said vessel was taken by the sloop called the Favourite, Josiah Basden, Commander, she was an armed vessel, but he knoweth not whether she had any commission, no other vessel was in sight at the time of the capture.
To 4th interrogatory, The name of the Master of the said vessel taken, is Samuel Williams, he has only known the said master from the month of December, the master took possession of the said ship at Philadelphia, he believeth that the master was appointed to the command of the said vessel by Mr. Swanwick, who he has heard is the owner of the said ship, the master is married and his wife and family reside there, and he supposes that is his place of abode also, he knoweth not to whom he is a subject.
To 5th interrogatory, He knoweth not of what tonnage or burthen the said ship is of, there were seventeen mariners on board of the said vessel, including the master and mate, at the time she was taken, he knoweth not of what country they are of, three of them were shipped in France, and the others were shipped in America.
To 6th interrogatory, The respondant was not interested in the vessel or her lading nor any of the officers or mariners to his knowledge; the respondant was in the capacity of a seaman, on board of the said vessel, at the time she was seized and taken, he has known the said vessel for about nine months and an half, he first saw her in Philadelphia, where she was built.
To 7th interrogatory, The name of the said vessel taken is the Two Friends, and has been [Page 79] called by that name ever since she was built; he knoweth not whether she had any sea brief on board, the voyage the said vessel sailed before she was taken was from Philadelphia to Nantz, the voyage began at Philadelphia, and was to have ended there, she carried from Philadelphia to Nantz a cargo consisting of tobacco and rice, which cargo was delivered at Nantz; the last clearing the said vessel sailed from, previous to her capture, was Nantz.
To 8th interrogatory, The lading on board of the said vessel at the time she was seized and taken, consisted of wine, raisins and ballast, and was all laden on board in the month of June last.
To 9th interrogatory, At the time the said vessel was seized and taken, she was owned by John Swanwick, he has always heard that he was the owner of her, he knoweth not of what nation or country he is by birth, he resides in Philadelphia with his wife and family, he knoweth not to whom he is a subject.
To 10th interrogatory, He knoweth not.
To 11th interrogatory, The cargo was all taken on board at Paimboeuf in Nantz, at different times.
To 12th interrogatory, He knoweth not who shipped the goods on board of the said vessel; the goods were to have been delivered in Philadelphia, and he supposes for and on the account, risk and benefit of John Swanwick; he can take upon himself to swear, that he believeth that at the time of the lading the cargo, and at this present time, and also if the said goods shall be restored and unladen at the destined port the goods did, do, and will belong to the same person, and to none others.
[Page 80] To 13th, 14th and 15th interrogatory, He knoweth not.
To 16th interrogatory, He knoweth not what papers were on board the said vessel, at the time she was seized and taken; there were no papers, burnt, torn, thrown overboard, destroyed, cancelled, concealed or attempted to be concealed.
To 17th interrogatory, He knoweth not.
To 18th interrogatory, He has not sustained any loss by the seizing and taking the said vessel.
To 19th interrogatory, He knoweth not.
To 20th interrogatory, In case the vessel had arrived at her destined port, and the cargo there unladen, it would have immediately become the property of Mr. Swanwick, and further knoweth not.
To 21st interrogatory, The lading on board of the said vessel is of the growth, produce and manufacture of France.
To 22d interrogatory, The cargo was all taken from the shore at Paimboeuf, at different times.
To 23d interrogatory, He knoweth not.
To 24th interrogatory, At the time the said vessel was seized and taken, the captain delivered his papers up to the captain of the privateer.
To 25th interrogatory, Bulk was not broken during the voyage, before the capture, he knoweth not whether it has been broke since.
To 26th interrogatory, There were some passengers on board of the said vessel at the time she was seized and taken, but he knoweth not how many; he knoweth not of what rank or profession they are of, they all came on board at Paimboeuf in Nantz, they were destined for Philadelphia, upon what business he knoweth not; [Page 81] he knoweth not whether they had any interest, concern or authority, directly or indirectly, in the said vessel or her cargo, there were no officers, soldiers or mariners, or any of his Britannic majesty's subjects secreted on board at the time of the capture.
To 27th and 28th interrogatories, He knoweth not.
To 29th interrogatory, At the time the said vessel was pursued and taken, she was steering a course for Philadelphia; the course was not altered upon the appearance of the vessel by which they were taken, but was at all times when the wind and weather would permit, directed for Philadelphia, for which place they were really destined.
To 30th interrogatory, He knoweth not of any sale or transfer being made of the said vessel at any time, but does verily believe that if the said vessel shall be restored, she will belong to the persons now asserted to be the owners, and to no others.
To 31st interrogatory, There were no guns mounted on board of the said vessel, or any arms or ammunition belonging to her, or any military or naval stores.
To 32d interrogatory, What this respondant has declared is all which he knoweth or believeth, according to the best of his knowledge and belief, regarding the real and true property and destination of the said vessel and cargo, concerning which he has now been examined, at the time of the capture.
The answer of Claude Thouin, taken on the standing interrogatories, who being duly sworn, deposeth and saith—
To the first interrogatory, The respondant was born in St. Domingue, he has lived for the last seven years past, sometime in Hispaniola, sometime in France, and a short time in North America, he is a subject to the French Republic, he is a freeman of the town of Saint Domingue.
To 2nd interrogatory, The respondant was present and on board of the vessel at the time she was seized and taken, he knoweth not whether she had any commission.
To 3d interrogatory, He knoweth not in what latitude the said vessel was taken, but believeth she was taken on the first day of August last, ke knoweth not upon what pretence or for what reasons the said vessel was taken—The said vessel was brought to this Port of Bermuda, she sailed under American colours, he knoweth not whether she had any others on board, no resistance was made—The said vessel was taken by the sloop Favorite, Josiah Basden, commander, he knoweth not whether she had any commission, no other vessel was in sight at the time of the capture.
To 4th interrogatory, The name of the Master of the said vessel taken, is Samuel Williams, he has known the said master for about three months and further knoweth not.
To 5th interrogatory, He knoweth not.
To 6th interrogatory, The respondant was not interested in the said vessel or her lading, he knoweth not whether the master or mariners have any part, share or interest therein—The [Page 83] respondant was passenger on board of the said vessel at the time she was taken, he has known her for about three months—he first saw the said vessel in Nantz, he knoweth not where she was built.
To 7th interrogatory, The name of the said vessel taken is the Two Friends, he knoweth not how long she has been called by that name, or whether she has ever been called by any other, he knoweth not whether she had any sea brief on board—The voyage the said vessel sailed before she was taken was, from Philadelphia, to Nantz, but what cargo she carried there he knoweth not.
To 8th Interrogatory, He knoweth not.
To 9th interrogatory, He believeth that at the time the said vessel was seized and taken she was owned by Mr. John Swanwick, he knoweth not where he was born, he resides in Philadelphia, and he supposeth he is a subject to the United States of America.
To 10, 11, 12, 13, 14, and 15th interrogatories, He knoweth not.
To 16th Interrogatory, He knoweth not what papers were on board of the said vessel they being in the Master's possession—no papers were burnt, torn, thrown overboard, destroyed or cancelled, concealed or attempted to be concealed, to his knowledge.
To 17th interrogatory, He knoweth not.
To 18th interrogatory, He has not sustained any loss by the seizing and taking the vessel concerning which he is now examined to the time of the capture.
To 19, 20, 21, 22, 23, and 24th interrogatories, He knoweth not.
To 25th interrogatory, Bulk was not broken [Page 84] during the voyage either before or since the capture.
To 26th interrogatory, There were fourteen passengers on board of the said vessel at the time she was seized and taken, twelve of whom were formerly planters, the other two are women, he knoweth not in particular of what profession they are of—They all came on board at Nantz, and were destined for Philadelphia, they were going to reside there, neither of whom had any interest, concern or authority, directly or indirectly in the said vessel and cargo. There were no officers, soldiers or mariners, or any of His Britannic Majesty's subjects secreted on board at the time of the capture.
To 27th and 28th interrogatories, He knoweth not.
To 29th interrogatory, At the time the said vessel was seized and taken she was steering a course for Philadelphia, he knoweth not whether the course was altered upon the appearance of the vessel by which they were taken, but was at all times when the wind and weather would permit, directed for Philadelphia, for which place the vessel was really destined.
To 30th interrogatory, He knoweth not.
To 3lst interrogatory, There were no guns mounted on board of the said vessel, or any arms or ammunition belonging to her, nor any military or naval stores or board.
To 32nd interrogatory, What this respondant has declared, is all which he knoweth or believeth, according to the best of his knowledge and belief, regarding the zeal and true property and destination of the said vessel and cargo, [Page 85] concerning which he has now been examined to the time of the capture.
The said cause, by consent of the parties, was then set down for hearing on Friday the 11th instant.
Before the Hon. JOHN GREEN, Esq Judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
In the case of the ship Two Friends—
Mr. Advoccate General opened the nature of the libel and proceeded in his arguments—Mr. Harvey, proctor for the claimant, then spoke in support of the claim, and having gone through his arguments, Mr. Advocate General having replied, the proctor then submitted to the court.
Before the Hon. JOHN GREEN, Esq judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register,
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
[Page 86] In the case of the ship Two Friends—
The following decree was then promulged, (to wit.)
Having perused and duly considered the libel of Josiah Basden, commander of the private sloop of war called the Favorite, as well in name of himself as on the part of the owners, officers and crew of, and belonging to the said sloop, against a certain ship or vessel called the Two Friends, and her cargo, whereof one Samuel Williams, was late master, and the claim of the said Samuel Williams, for the same; and having attentively examined the answers of the said Samuel Williams, and others, taken on the standing interrogatories, together with the several papers and documents captured with and on board the said ship Two Friends, and exhibited in this cause. And having observed all and singular the matters and things that by law in this behalf ought to be observed, according to the style, manner and practice of this court, it appears to me that the cargo aforesaid is liable to forfeiture, although I am not so fully satisfied respecting the arguments urged against the ship—I do therefore acquit the said ship, with her boats, tackle, apparel and furniture, together with the private adventure and money of the said master, also the private adventures of the mariners belonging to the said ship; and I do hereby sentence and decree that the said ship so called the Two Friends, with her boats, tackle, apparel and furniture, and the adventures and money aforesaid, be restored to the said claimant, [Page 87] to and for the use and behoof of himself and all others therein severally interested—and, I do further sentence and decree, that all the cargo and lading of the said ship Two Friends, (except as before excepted) be, and the same are hereby adjudged and condemned as lawful prize to and for the use of the said libellant, the owners, officers and crew of the said sloop Favorite; and that the said cargo and lading be delivered to the said captors, or to their agent or agents, he or they paying to the said claimant from the whole of the said condemned cargo, a reasonable freight for the same, on account of the owners of the said ship Two Friends—and I do order that the costs of suit be paid by the claimant.
Before the Hon. JOHN GREEN, Esq Judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
Mr. Harvey, proctor for the claimant, moved the court for leave to appeal from the sentence and decree of this court, made and given the 16th instant, in case of the cargo and lading of the ship Two Friends, granted accordingly, provided security be given within the time prescribed by law.
[Page 88] The court then ordered a warrant to be issued to the Honourable Samuel Trott, Esq Wm. Foot, Esq and Mr. Richard Prudden, to appraise the cargo and lading of the said ship Two Friends.
Before the Hon. JOHN GREEN, Esq Judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
Mr. Harvey moved the court for leave to perfect the appeal in the case of the ship Two Friends, and acquainted the court that captain Williams was ready to enter into stipulation for that purpose.
Then appeared in court captain Samuel Williams, with Mr. James Perot, one of the house of James and William Perot, and for the said house, his surety, who submitting themselves to the jurisdiction of this court, acknowledged themselves jointly and severally held, and firmly bound to our sovereign Lord the King, his heirs and successors, in the sum of five hundred pounds, lawful money of Great Britain, to this effect, that the appellant will effectually prosecute his said appeal, and also pay treble costs asshall be awarded, in case the sentence of this court shall be affirmed.
The appeal was then admitted and filed, and is as follows, (to wit:)
In the matter of the ship Two Friends, Samuel Williams, master, her boats, tackle, apparel and furniture, and her cargo, [Page 89] laden on board at the time of the capture by the private armed sloop of war called the Favorite, Josiah Basden, commander.
The said Samuel Williams, the respondant or claimant in this cause, conceiving himself and the owners of the said ship Two Friends, and her cargo, also the officers and crew of the said vessel, greatly aggrieved by that part of the sentence or decree, made and given in this cause, by the Honourable John Green, Esq judge of the court of vice-admiralty, for the islands of Bermuda, on the sixteenth day of September instant, which condemns all or any part of the cargo and lading of the said ship Two Friends, and orders the claimant to pay costs, prays leave to appeal therefrom; and he doth hereby appeal from the said part of the sentence or decree aforesaid to the commissioners appointed, or to be appointed, under the great seal of Great Britain, for receiving, hearing and determining appeals in prize causes, or in cases similar to the present, or to any other court that is or may be, authorized to take cognizance of the same, for a reversal of the aforesaid part of the said decree, and for complete redress of all losses, injuries, damages, costs and other grievances, already sustained, or which may hereafter be sustained thereby, and in conseqence of the capture, detention and prosecution of the said ship Two Friends, and her cargo, by the said Josiah Basden; and the respondant also prays that the apostels may be delivered to him in due time, and he doth hereby offer to give all such security upon this his appeal, as is by law required to be given—Dated the twenty fourth day of September, [Page 90] in the year of our Lord one thousand seven hundred and ninety five.
Mr. Advocate General then moved the court for leave to prefer an appeal in behalf of the libellant, in the case of the ship Two Friends, from the sentence and decree of this court, made and given on the 16th instant, which acquits the said ship Two Friends, and allows a freight, and acquainted the court that Mr. William Lightbourne, the agent for the private sloop of war the Favorite, was ready to enter into stipulation for that purpose.
Then appeared in court Mr. William Lightbourne, agent for the private sloop of war the Favorite, with Forster Bascome, Esquire, his surety, who submitting themselves to the jurisdiction of the court, acknowledged themselves jointly and severally held, and firmly bound, to our sovereign Lord the king, his heirs and successors, in the sum of five hundred pounds lawful money of Great Britain, to this effect, that the appellant will effectually prosecute his said appeal, and also pay treble costs, as shall be awarded in case the sentence of this court shall be affirmed.
The appeal was then admitted and filed, and is as follows, (to wit.)
Josiah Basden, commander of the sloop Favorite, Appellant. Against Ship Two Friends, Samuel Williams, claimant. Respondant.
The appellant Josiah Basden, conceiving himself aggrieved by the sentence and decree made in this cause, on the sixteenth day of September, in the year of our Lord one thousand seven hundred and ninety five, which acquits the said ship Two Friends, allowing a freight, prays leave to appeal, and he hereby does appeal from the same sentence, as fully and amply as by law he may or can do, to the high court of admiralty of England, or to commissioners appointed, or to be appointed, under the great seal of Great Britain, for receiving, hearing and determining appeals in causes of prizes, or to such other court of judicature as may have power to take cognizance of the same; and he hereby offers to give all such security as by law he is required, praying that the apostels may be delivered him in time—Dated this 24th day of September, in the year of our Lord one thousand seven hundred and ninety five.
The court then ordered a warrant to be issued to the Honorable Samuel Trott, Esquire, William Foot, Esquire, and Mr. Richard Prudden, to appraise the said ship Two Friends, her boats, tackle, apparel and furniture, &c.
Before the Hon. JOHN GREEN, Esq judge of said court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
Then was returned into court by the apprisers, the warrant issued for appraising the ship Two Friends, her tackle, apparel and furniture, &c. with their return endorsed thereon, to which they were sworn, and is as follows, (to wit.)
These are to authorize and impower you to repair on board the ship Two Friends, whereof Samuel Williams was master, now lying in the harbour of Saint George, and to view and inspect the said ship, with all her masts, yards, sails, boats, tackle, apparel and furniture, and truly to value and appraise the same according to the best of your skills and knowledge, and a return thereof to make to me under your hands and seals (on oath) as soon as may be—And for so doing this shall be your warrant.
Given under my hand and seal of the court of vice-admiralty of these islands, this 26th day of September, 1795.
Pursuant to the within warrant to us directed, We the subscribers, repaired on board the ship Two Friends, whereof Samuel Williams was master, and having inspected and viewed the said ship, with all her masts, yards, sails, boats, tackle, apparel and furniture, we do according to the best of our skills and knowledge, value and appraise the same, at the sum of twenty two hundred pounds current money of Bermuda.
- SAMUEL TROTT, (L. S.)
- WILLIAM FOOT, (L. S.)
- RICHARD PRUDDEN, (L. S.)
Sworn to this 29th day of September, 1795,
Captain Williams, then attended with a Mr. James Perot, one of the house of James and William Perot, as his surety, to enter into the usual stipulation for the appraised value of the ship Two Friends, her tackle, apparel and furniture; the libellants agent being present, objected to Messrs. Perot's, as insufficient securities, and offered to give better and more sufficient security at some early day.
Before the Hon. JOHN GREEN, Esq Judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
Then was returned into court the warrant issued [Page 94] for appraising the cargo and lading of the ship Two Friends, with their return endorsed thereon, to which they were sworn, and is as follows, (to wit.)
These are to authorize and impower you to repair on board of the ship called the Two Friends, whereof Samuel Williams was master, and now lying in the harbour of Saint George, and to view and inspect the cargo, and lading on board of the said ship, and the same to value and appraise, according to the best of your skills and judgment, and a return thereof to make to me, under your hands and seals, (on oath) as soon as may be. And for so doing this shall be your warrant.
Given under my hand, and seal of the court of Vice Admiralty of these Islands, this 22nd day of Sept. 1795.
PURSUANT to the within warrant, to us directed, we the subscribers, repaired on board the ship Two Friends, whereof Samuel Williams was master, and having inspected and viewed the cargo and lading on board the said ship, do according to the best of our skill and knowledge, value and appraise the same, agreeably [Page 95] to the schedule hereunto annexed, at the sum of four thousand one hundred and forty two pounds one shilling and ten pence, current money of Bermuda.
- WILLIAM FOOT, (L. S.)
- SAMUEL TROTT, (L. S.)
- RICHARD PRUDDEN, (L. S.)
WE further certify that in the above sum, we omitted a quantity of staves, as appears by the annexed schedule, and which we appraise at the sum of thirty pounds, twelve shillings, current money.
- WILLIAM FOOT,
- SAMUEL TROTT,
- RICHARD PRUDDEN.
Schedule of the appraisment of the cargo and lading of the ship Two Friends, whereof Samuel Williams was master, referred to in the annexed return, viz:
10 | Trunks Dry Goods, amounting to | £2369 | 1 | 4 |
1 | Hogshead Woolen cloths | 67 | 18 | |
2 | Bales of maps or charts | 45 | 19 | |
2 | Bales paper hangings and borders | 54 | ||
1 | Box cont. 20 silver watches, a 45s | 45 | ||
19 | gold do. a 7l. 10s. | 142 | 10 | |
5 | Casks Malaga Wine | 125 | ||
3 | Barrels Prunes | 5 | ||
187 | Barrels Raisins, a 30s. | 280 | 10 | |
16 | Hogsheads Currants, 10l. | 160 | ||
278 | Hogsheads Red Wine, called Bourdeaux, very bad, a 40s. | 556 |
Cash, viz.— | |||||||
590 & 7-8 Fr. Crowns | a 7s4 | £ 216 | 13 | 1 | |||
192 Dollars | 6s8 | 64 | |||||
30 1-4 Dollars | 2 | 10 | |||||
1 1—16th do. | 5 | ||||||
3 Joes, a | 53s4 | 8 | |||||
291 | 3 | 6 | |||||
4142 | 1 | 10 |
- WILLIAM FOOT,
- SAMUEL TROTT,
- RICHARD PRUDDEN.
10,200 Pipe, Hogshead, and Barrel staves omitted in the above schedule. 30 12
Total, 4172 13 10
- WILLIAM FOOT,
- SAMUEL TROTT,
- RICHARD PRUDDEN.
Sworn to this 7th day of October 1795,
Before the Hon. JOHN GREEN, Esq judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
In case of the ship Two Friends.
Then appeared in court Mr. William Lightbourn, agent for the private sloop of war the Favorite, and of the house of Joseph and William Lightbourn, and for the said house, with Robert Basset, Esquire, his surety, who submitting themselves to the jurisdiction of this court, acknowledged themselves jointly and severally held and firmly bound to Samuel Williams, the appellant, and his parties, in the sum of four thousand one hundred and seventy two pounds, thirteen shillings and ten pence, current money of Bermuda, upon condition to restore to the said appellant and his parties, their heirs and assigns, the cargo and lading of the said ship Two Friends, according to an appraisement made and returned into this court, in case the sentence and decree of this court, shall be reversed.
Before the Hon. JOHN GREEN, Esq Judge of said court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The Court being opened by the usual proclamations, in the case of the ship Two Friends, Mr. Advocate General acquainted the court, the libellant could not procure the security they had expected, and therefore requested that the [Page 98] ship may be sold by the court—Whereupon the court ordered that the Messrs. Perot's, originally offered, should be admitted on the part of the claimant, to prevent the ship's being sold for much less than her real value, which as appeared, might be the case in the present instance, if the court should issue an order for the sale of said ship.
Before the Hon. JOHN GREEN, Esq Judge of said Court.
- JOHN FISHER, Esq Marshal.
- JOHN LEWIS, Register.
- JOHN ROBERTS, Cryer.
The court being opened by the usual proclamations,
In the case of the ship Two Friends—
Then appeared Capt, Samuel Williams, with Mr. James Perot, one of the house of James and William Perot, his surety, who submitting themselves to the jurisdiction of this court, acknowledged themselves jointly and severally held and firmly bound to Mr. William Lightbourn, agent for the private sloop of war the Favorite and his parties, their heirs and assigns, in the sum of two thousand two hundred pounds current money of Bermuda—Upon condition to restore to the appellant the ship Two Friends, her tackle, apparel and appurtenances, or the full value thereof, according to an appraisement made and returned into this court, in case the sentence and decree of this court shall be reversed.
I JOHN LEWIS registrar of the court of vice-admiralty in these islands, do hereby certify to all whom it shall or may concern, that the aforewritten copy of the proceedings of the trial of the ship Two Friends whereof Samuel Williams was master, consisting of eighty pages, contains a just and true copy from the original acts and proceedings in the said cause, now remaining in the registry of the said court. Certified this fourth day of November, in the year one thousand seven hundred and ninety four.
By the honourable John Green, Esquire, judge of his majesty's court of vice-admiralty in the said island.
John Green. L.S.
BE IT hereby made known, to all whom these presents shall or may concern, that John Lewis, Esquire, whose name is subscribed to the foregoing attestation is registrar to the above court of vice-admiralty for the said island, and that due faith is, and ought to be given, to whatever is done by him in his aforesaid capacity, both within court and without.
In testimony whereof I, the said judge, have hereunto set my hand and affixed the seal of the said court, this fourth day of November, in the year of our Lord, one thousand seven hundred and ninety five.
By his excellency James Craufurd, Esq Captain General, Governor, Commander in Chief, and Vice Admiral of these islands.
To all to whom this present writing or instrument of protest shall come, greeting:
James Craufurd. L.S.
KNOW YE, that this third day of November, one thousand seven hundred and ninety five, before me the governor, personally appeared Capt. Samuel Williams, master of the ship Two Friends, who being duly sworn on the Holy Evangelists of Almighty God, deposeth and saith, that he sailed from Nantz, in France, on the twenty first day of June last past, (as master of the said ship) bound for Philadelphia, in the United States of America, with a cargo consisting of wine, fruit, dry goods, some gold and silver watches, nine hundred dollars in specie, and sundry other articles of merchandize, (all belonging to citizens of the said United States) and having also on board fourteen passengers. That after such his departure, nothing of moment occurred till the second day of August, when in latitude 38, 40, and in longitude 72,0, West from London, he was boarded by a Bermudian privateer sloop, called the Favorite, and commanded by Capt. Josiah Basden, who demanded the appearer's papers and afterwards took out the greatest part of the appearer's crew, putting on board a prizemaster and crew of his [Page 101] own, and ordering them to proceed with the ship Two Friends for Bermuda, where she arrived on the 15th of the same month.—And the appearer saith that the captors proceeded the next day to search the trunks and baggage of the passengers, but found nothing except their apparel and bedding—That on the seventeenth the Two Friends was libelled in the court of vice admiralty for these islands, with her cargo, as French property, and her hatches sealed up —That on the twenty first, the marshal of the said court, with the captain and agent of the said privateer, visited the said ship and carried ashore the watches and money before mentioned, and also examined the appearer's trunks, but took nothing out of them—And the appearer further saith, that on the seventh and eighth of September the before named persons, with several others, came on board the Two Friends and overhauled the trunks and casks of dry goods and hoisted up some of the casks of wine, after which they stowed away the wine and dry goods, and sealed up the hatches again—And the appearer further deposeth and saith, that having thought it necessary to employ a proctor, the said proctor did on the third of September (at the request and in behalf of the appearer) interpose a claim for the said ship and cargo, as neutral property, belonging to certain citizens of the United States of America, as aforesaid —That on the eleventh of the said month the cause was argued before the honorable John Green Esquire, judge of the said court, who on the sixteenth promulged his decree, thereby ordering restoration of the said ship Two Friends to the claimant, together with the private adventures belonging to the appearer and his crew, but condemning the cargo of the said ship, as lawful prize to the captors, subject to the [Page 102] payment of freight, and burthening the claimant with costs of suit—That the appearer conceiving the said decree to be highly oppressive and unjust (inasmuch as the whole of the property ought, in his opinion, to have been acquitted and the captors condemned in costs and damages for the illegal capture thereof,) thought fit to appeal therefrom to the high court of appeals in Great-Britain, whereupon the captors, with a professed design of harrassing and embarrassing the appearer, and of deterring him, if possible, from perfecting such appeal, entered a cross-appeal for the said ship and freight, in consequence of which a warrant was issued, authorizing certain persons to appraise the said ship and cargo—That the said appraisers having made their return to the court of their valuation of the said ship (but not of the cargo) the appearer attended the said judge Green on the twenty ninth of September (when Samuel Ewing was also present) for the purpose of stipulating for the said ship at her appraised value, and offered Messrs. James and William Perot, one of the most respectable houses in these islands, as the appearer has been informed, for his securities; the said James Perot attending at the same time with the [...]pea [...]r; but the appearer saith, that the competency of the said James and William Perot, was nevertheless objected to, on the part of the captors, and their security rejected by the court—That the said captors, at the same time, offered to take the said ship at her valuation, and to give good and sufficient security for the same, and actually named the persons they should produce as their security, whom the court agreed to accept, but that after a delay of several days on the [Page 103] part of the captors, the appearer's proctor pressed the court, either to oblige the said captors to stipulate with security, for the value of the said ship, as they had undertaken to do, or to dismiss their appeal, they having neglected to comply with their engagement and insisting to have the vessel sold under the direction of the court, for the most she would yield, but that the judge of the said court refused to grant such motion, declaring however, that he would accept the appearer's security—That the appearer accordingly again produced his security on the twentieth of October, by which means he got possession of his ship, which the captors, as the appearer chargeth, strove all in their power to prevent. —And the appearer complaineth and saith, that when he, the appearer, attended the said judge of the court of vice-admiralty the first time, with his security, for the value of the said ship, his proctor and counsel, Benjamin Dickinson Harvey, Esq in order to keep the court within the strict rules of fair practice, and that no undue advantage may be taken by the captors, particularly cautioned the court, by no means to suffer any proceeding to be had relative to the cargo of the said ship, (the appraisement of which was not finished at that time, or returned) without his being duly notified thereof, to the end that he may have an opportunity of making all just exceptions either as to the insufficiency of the security, which might be proffered therefore by the captors, or otherwise, which the said judge promised should be done, but that the said judge nevertheless admitted the security for the said cargo (which the appearer avers was valued very much below its real value) without the consent or privity of the [Page 104] appearer or his said proctor, who would certainly have objected to such security upon the ground of its insufficiency, as the persons of whom it consisted, were, as the appearer has been informed, and verily believes to be true, interested in the said privateer, and of course, not such security as the law requires.—That when the appearer's said proctor, heard of this transaction, which was not till several days after it had taken place, he remonstrated with great warmth to the said judge against the impropriety and injustice of the measure, which the said judge never once attempted to justify or defend, but declared that he would act differently in future—And the appearer further saith, that when his said proctor obtained a sight of the appraisement of the said cargo, he insisted that more particularity ought to have been observed with respect to the dry goods, and also pointed out the great deficiency in the cargo, and in an especial manner, that a certain quantity of staves (part of the outward cargo) which the agent of the privateer had actually taken out of the Two Friends, and converted to his own use, were in no wise accounted for, whereupon the said judge promised to attend to these several exceptions, but has failed so to do, save only that he has caused some of the said staves to be since added to the appraisement of the said cargo—And the appearer moreover saith, that according to the best of his belief, he can, and does aver, that at the time of the capture of the said ship Two Friends, by the said sloop Favorite, her cargo, and particularly her wine and fruit were in prime order, the appearer having taken care to afford all the air in the hold that he possibly could, and that such was also the [Page 105] case, when the said ship arrived in these islands, but that from the length of time the said ship has lain in port in this warm climate, with her hatches sealed up, the said wine and fruit have received very material injury, which has greatly reduced the value of each. And in like manner also appeared John Harper, mate, and William Knight, a mariner of, and belonging to the said ship Two Friends, who solemnly made oath, that what the before named Samuel Williams has herein before declared, is strictly true. —Wherefore the said Samuel Williams, complaining of the several matters and things herein set forth, protests against the same, and more especially he protests formally, publicly and solemnly, against the captain, officers, owners, agents and crew of the said privateer, and also against the judge of the said court of vice-admiralty, for all costs, delays, detentions, detriments, damages, demurrages, losses, charges, expences, vexations, spoliations, wastes and injuries, of what nature or kind soever, which have already been occasioned, or shall, or may hereafter be occasioned, or sustained by reason of the premises, the appearer hereby expressly reserving to himself the privilige of amplifying his present protest, or of making any other protest or protests, which he may be advised to make, or which the nature of his case may require—And persevering in the said protest, the appearers aforesaid, have hereunto set their hands.
- SAMUEL WILLIAMS.
- JOHN HARPER.
- WILLIAM KNIGHT.
Thus done and protested before me the governor.
[Page 106] In testimony whereof I have hereunto set my hand and caused the great seal of these islands to be hereto affixed the day and year first within written.
APPENDIX.
TRANSLATION of SALE of SHIP TWO FRIENDS' CARGO AT NANTZ, READ IN THE TRIAL.
Extract from the minutes of the office of the tribunal of commerce of Nantes, the twenty fourth of Germinal, third year of the Republic of France, one and indivisible, at nine in the morning.
BEFORE us Francois Rozier, judge of the tribunal of commerce at Nantes, being in the office, and having with us Jean Morin, clerk to the office, sworn accordingly, altogether with the usher of service—
Appeared, Andre Goyau, special attorney of the citizens Widow Sheweighauser and Dobree, in behalf of John K. Helmuth, of Philadelphia, supercargo of the ship the Two Friends, Samuel Williams, master; who required of us that we would go to the street Delaunay, into the store of the citizen Viguier, in order to draw a process verbal of the vendue of three hundred and forty hogsheads of tobacco, and three barrels of rice, proceeding from the cargo of the ship the Two Friends, according to the ordinance of the tribunal of the twenty first instant, which shall be recorded with the present posted up bills, which announced the said vendue, and the publications made by Vallet, usher, recorded [Page 108] by Bertrand, the twenty second, and signed. Signed in the minute, GOYAU.
Of all that we have given act, and accordingly we went in company with the above mentioned, into the store of the citizen Viguier where being, we found there the citizen Dobree, vice consul of the United States of America, who said that he was desirous to be present at this said vendue, in order to preserve the fights of whom it may concern; and Michel ordinary breteur, who promised to discharge faithfully the duty of his commission. In this place the citizen Goyau asked, according to his declaration of yesterday, the maritime agent to assist, if he think proper, the present, requesting that in case of non-appearance, it should be granted default against him, and proceeded to the vendue, and has signed, with the Citizen Dobree, signed in the minute, GOYAU, and P. F. DOBREE.
Of all this, we said judge have delivered act of our having waited more than one hour for the maritime agent, who having not appeared, we have pronounced default against him, for the benefit ordained, that it should be immediately proceeded to the said vendue, to which it has been attended as it follows; under the condition of taking away the merchandize at the close of the vendue, and to pay ready money without discount, to ask any diminution and to be contented with fifteen per cent. for the tare and trett, according to custom.
1. One lot of five hogsheads of tobacco, numbers 161, marked J. B. S. seventy three without marks; hundred and nine marked A. hundred and twelve marked B. and eighty eight without marks; which lot after having been put up several times, was awarded to the Citizen Le [Page 109] Fevre, at one hundred and six livres a quintal. The letters J. S. are the general mark, and the other but the counter-marks only; thus the J. S. shall be repeated.
2. One other lot of five hogsheads, numbers 155, marked B. seventy one without marks, eleven without marks, hundred and six marked A. and hundred and seven without marks, awarded, to the Citizen Jourdan, at one hundred and five livres a quintal.
3. One other lot of five hogsheads, numbers hundred and eight, marked A. seventy seven without marks; sixty nine marked B. eighteen without marks, one hundred and eleven without marks, awarded to the Citizen Babret, at one hundred and five livres a quintal.
4. One other lot of five hogsheads, numbers 50 marked B. 18, 169, 50, 151, without marks, awarded to the Citizen Galliot, at one hundred and five livres a quintal.
5. One other lot of five hogsheads, numbers 43 marked A. 2 without marks; 116 without marks; 151 marked B. and 109 without marks, awarded to the Citizen Saupine, at one hundred and seventy one livres a quintal.
6. One lot of five hogsheads without marks, numbers 32, 17, 72, 41, 20, awarded to the Citizen Le Fevre, at ninety two livres a quintal.
7. One lot of five hogsheads, numbers 103 marked A. 26, 23, 29, 30, without marks, awarded to the Citizen Butard, at one hundred and ten livres a quintal.
8. One lot of five hogsheads, numbers 74 marked B. 58, 51, 47, 60, without marks, awarded to the Citizen Le Fevre, at seventy livres a quintal.
Being night, we retired, and have put off the continuation of the present to the second of Floreal, [Page 110] under the signatures of all who appeared, of the usher, of the keeper of record, and of ours. The said day and year. Signed in the minute. P. F. Dobree, Goyau, Orieux, Rozier, and Morin.
Being the day of the second Floreal, the third year of the republic of France, one and indivisible, we said judge, have proceeded to the continuation of the present as follows—eight o'clock in the forenoon.
9. One lot of five hogsheads of tobacco, numbers 38 marked B. the second without number nor marks, 70, 15, 8, without marks, awarded to the Citizen Le Fevre, at seventy five livres a quintal.
10. One lot of five hogsheads of tobacco, numbers 66, 78, 80, 63, 76, without marks, awarded to the Citizen Le Fevre, at seventy livres a quintal.
11. One lot of five hogsheads, numbers 57 marked B. 24, 83, 4, 12, without marks, awarded to the Citizen Le Fevre, at ninety livres a quintal.
12. One lot of five hogsheads, numbers 3 marked B. 10, 62, without marks, and the two remnant without neither marks nor numbers, awarded to the Citizen Le Fevre, at one hundred and twenty livres a quintal.
13. One lot of five hogsheads, numbers 31, 82, 115, and the two other without neither marks nor numbers, awarded to the Citizen Le Fevre, at one hundred and ten livres a quintal.
14. Three barrels of damaged rice, awarded to the Citizen Brulard, after several putting up, for three hundred livres.
15. One lot of five hogsheads of tobacco, number 100 marked B. the second without neither [Page 111] marks nor numbers, the third without number, but marked S. A. the fourth without number nor marks, and the fifth marked B. without number, awarded to the Citizen Le Fevre, at sixty livres a quintal.
16. One lot of five hogsheads, numbers 7 marked B. 113, marked A. 56 marked B. 54, 52 without marks—awarded to the citizen Lefevre at ninety-five livres a quintal.
Being night we retired, and put off the continuation of the present till the 15th instant— what was published, under the signatures as above, the said day and year, signed in the minute. P. F. Dobree, Orieux, Goyau, Rozier and Morin.
Being the 15th of the said month, 8 o'clock, in the forenoon, we above said Judge, have proceeded to the continuation of the present as follows:
17. One lot of five hogsheads of tobacco, numbers 78, marked A. 67 marked B. 55, 14, 20, without marks—awarded to the citizen Ferret, at one hundred livres a quintal.
18. One lot of five hogsheads, numbers 85 marked B. 1 without marks, 104 marked A. 121 without marks, and the fifth, without marks nor numbers—awarded to the citizen Jourdeau, at one hundred and twenty-five livres a quintal.
19. One lot of five hogsheads, numbers 53, marked A. 91 marked B. 1 marked C. 33 marked B. and 3 without marks—awarded to the citizen Lefevre, at ninety-four livres a quintal.
20. One lot of five hogsheads, the first number 157 marked B. the second without number nor marks, the third numbered 30, marked A. the fourth number 212 marked B. and the fifth [Page 112] numbered 29 marked A—awarded to the citizen Ferret, at one hundred livres a quintal.
21. One lot of five hogsheads, number 87, marked B. 100, 39, 222, 81, without marks—awarded to the citizen Muller, at one hundred livres a quintal.
22. One lot of five hogsheads, numbers 107 marked B. 52 marked A. 223, marked B. 49, marked A. and 55 without mark—awarded to the citizen Jourdan, at one hundred livres a quintal.
23. One lot of five hogsheads, number 44, marked B. 114, 168, without marks, 20 marked C. 86 marked B—awarded to the citizen Lebrais, at one hundred twenty-five livres a quintal.
24. One lot of five hogsheads, numbers 78, marked A. 53 marked S. 199 marked B. 14 marked S. 145 marked A—awarded to the citizen Lefevre, at one hundred and ten livres a quintal.
Being night we retired and put off the continuation of the present, till the twenty-second instant, what was made public, under the signatures as above, the said day and year, signed in the minute, Goyau, P. F. Dobree, Orieux, Rozier and Morin.
Being the twenty-second day of the said month, eight o'clock in the forenoon, we the abovesaid Judge, have proceeded to the continuation [...] the present as follows:
25. [...] tobacco No. [...] 170, without marks 127 [...] [...] a [...]
26. [...] [Page 112] ed B. 213 without marks, 66, 101, without marks, 15 marked C.—awarded to the citizen Lefevre, at one hundred and ten livres a quintal.
27. One lot of five hogsheads No. 191 marked B. 75, 105, without marks, 178 marked A. 188 without marks—awarded to the citizen Lefevre, at one hundred and ten livres a quintal.
28. One lot of five hogsheads, No. 47, marked A. 114 without mark, 208 marked B. 45 marked A. and the fifth without mark nor numher—awarded to the citizen Ferret, at one hundred and ten livres a quintal.
29. One lot of five hogsheads, No. 117 marked A. 60 marked B. 175 without mark, 93 mark A. 101 marked B—awarded to the citizen Lefevre, at seventy-five livres a quintal.
30. One lot of five hogsheads, No. 179, marked B. 89, 226 without marks, the fourth without mark nor number, and the fifth No. 13 without marks—awarded to the citizen Branger, at one hundred and nineteen livres.
31. One lot of five hogseads, No. 49, marked B. 79 without mark, 110 marked A. 84 marked B. and 42 without marks—awarded to the citizen Ferret, at eighty livres a quintal.
32. One lot of five hogsheads, No. 48, without mark, 46 marked A. 112 without mark, 9 marked B. and 46 without mark—awarded to the citizen Lefevre, at sixty livres a quintal.
Being night we retired and put off the continuation of the present till the first Prairial, what was made public, and under the abovesaid sig [...]es, [...] said day and year, signed in the minute, Goyau, P. F. Dobree, Orieux, Rozier and Morin.
Being the day of the first Prairial, the third year of the Republic of France, one and indivisible, [Page 114] eight o'clock in the forenoon. We the abovesaid Judge, have proceeded to the continuation of the present as follows:
33. One lot of five hogsheads of tobacco, No. 10 marked A. the second without mark nor number, the third No. 22 marked B. the fourth No. 10 marked C, the fifth No. 15 marked B—awarded to the citizen Ferret, at one hundred and nine livres a quintal.
34. One lot of live hogsheads, No. 134 marked A. 152 marked B. 118 marked A. 64 marked B. 28 marked A—awarded to the citizen Lefevre, at one hundred and twenty-six livres a quintal.
35. One lot of five hogsheads, Nos. 1 marked A. 90 marked B. 68 without mark, the fourth without mark nor number, and the fifth number 61, without marks, awarded to the Citizen Ferret, at one hundred and twenty five livres a quintal.
36. One lot of five hogsheads, Nos. 1, marked A. 161, 160, 175, 162, without marks, awarded to the Citizen Ferret, at one hundred and twenty nine livres a quintal.
1st lot. One lot of twenty hogsheads of damaged tobacco, without counter-marks nor numbers, appearing entitled No. 1st, awarded to the Citizen Le Fevre, at one hundred and fifty livres a quintal.
2d lot. One other lot of twenty hogsheads of equally damaged tobacco, which are equally without numbers nor marks appearing.
3d lot. One other lot of seventeen hogsheads of tobacco, without counter-marks nor appearing numbers, entitled third lot, awarded to the Citizen Le Fevre, at one hundred and fifty livres a quintal.
4th lot. In this place the Citizen Dobree, declared to us, that he caused a part of this tobacco [Page 115] to benefit, which had been put for sale under the denomination, fourth lot, and after several enhancing was awarded to the Citizen Hutand, at three hundred livres a quintal.
Being night we retired, and have put off till the fourth of this month the weighing and the delivery of the said tobacco, under the signatures as above. Signed in the minute. Goyau, P. F. Dobree, Orieux, Rozier, and Morin.
Being the said day of the fourth of Prairial, the third year of the republic of France, one and indivisible, eight o'clock in the forenoon, We the above said judge have proceeded to the process verbal of delivery, requested as follows:
Appeared the Citizen Le Fevre, who requested the delivery of the first lot, of which he was the highest bidder, and which was made as follows:
LOT 1st. | Marks. | Nos. | weights. |
Le Fevre | B. | 161. | 1334 |
73. | 1348 | ||
A. | 109. | 1422 | |
B. | 172. | 1403 | |
88. | 1243 | ||
6748 | |||
Tare 15 p. cent | 1012 | ||
neat 5736, at 106 p.q. 6030 3 2 |
The Citizen Jourdan requested the delivery of the Second Lot, which, was made as follows: | |||
2 LOT. | B. | 155. | 1323 |
Jourdan. | 71. | 1293 | |
11. | 1304 | ||
A. | 106. | 1409 | |
107. | 1534 | ||
6803 | |||
Tare 15 p. cent | 1029 | ||
5834 at 105 p. ql. 6184 11 9 |
The Citizen Babret requested the delivery of the Third, which was made to him as follows: | 3 LOT. | A. | 108. | 1490 | |||
Babret. | 77. | 1195 | |||||
B. | 69. | 1359 | |||||
18. | 1332 | ||||||
111. | 1371 | ||||||
6747 | |||||||
Tare 15 p. ct. | 1012 5735 at 105 p.qtl. 6021 1 [...] |
[Page 116]
The Citizen Galliot appeared, and requested the delivery of the fourth Lot, which was made as follows: | |||
4 LOT. | B. | 50. | 1446 |
Galliot, | 18. | 1400 | |
109. | 1344 | ||
59. | 1415 | ||
151. | 1523 | ||
7128 | |||
Tare 15 p. ct. | 1069 6059 at 125 7573 15 |
The Citizen Saupin requested the 5th Lot, which was made as follows: | |||
5 LOT. | A. | 43. | 1522 |
Saupin, | 2. | 1315 | |
116. | 1580 | ||
B. | 151. | 1243 | |
109. | 1487 | ||
7147 | |||
Tare 15 p. ct. | 1072 6075 a 171 10388 5 |
The Citizen Lefevre requested the delivery of the 6th Lot, which was made as follows: | ||
6 | 31 | 1095 |
Lefevre | 17 | 1195 |
72 | 1309 | |
41 | 1494 | |
20 | 1359 | |
6442 | ||
Tare 15 p. c. | 966 | |
5476lb. at 92 5037 18 4 |
The Citizen Brulard requested the delivery of the 7th Lot, which was made as follows: | 7 A | 103 | 1536 | ||
Brulard | 26 | 1694 | |||
23 | 1580 | ||||
29 | 1580 | ||||
30 | 1395 | ||||
77851b. | |||||
Tare 15 p. c. | 1168 | ||||
6610 at no 7278 14 |
The Citizen Lefevre requested the delivery of the 8th and Tenth Lots, which was proceeded to as follows, | ||
8 B | 74 | 1295 |
Lefevre | 58 | 1105 |
47 | 1328 | |
60 | 1526 | |
10 | 66 | 1400 |
78 | 1300 | |
80 | 1272 | |
63 | 1560 | |
76 | 1 [...]01 | |
13498 | ||
Tare 15 p. ct. | 2025 | |
11473 at 70 8031 2 |
[Page 117]
The same has had the 9th as follows: | ||
9 B | 38 | 1384 |
Lefevre | 1553 | |
70 | 1332 | |
15 | 1246 | |
8 | 1500 | |
7015 | ||
Tare 15 p. ct. | 1052 | |
59631b. a 75 4472 5 |
The same has had the delivery of the 11th lot, as follows: | |||
11 | B | 57 | 1441 |
Lefevre | 24 | 1584 | |
83 | 1315 | ||
4 | 1347 | ||
12 | 1415 | ||
7102 | |||
Tare 15 p, ct. | 1065 | ||
6037 a 90 5433 10 |
The Twelfth has been delivered to the same as follows, | |||
12 | B | 3 | 1415 |
10 | 1338 | ||
62 | 1397 | ||
1378 | |||
1384 | |||
6912 | |||
Tare 15 p. ct. | 1037 | ||
58751b. a 120 p. q. 7050 |
The 13, 24, 26 & 27th lots have been delivered to the same, as follows, | |||
13 | 31 | 1359 | |
82 | 1234 | ||
115 | 1478 | ||
A | 78 | 1125 | |
S | 53 | 1247 | |
24 | B | 119 | 1218 |
C | 14 | 1184 | |
A | 145 | 1203 | |
B | 93 | 1328 | |
26 | 213 | 1100 | |
A | 66 | 1163 | |
101 | 1334 | ||
C | 15 | 1312 | |
27 | B | 191 | 1146 |
75 | 1233 | ||
A | 178 | 983 | |
188 | 1150 | ||
24959 | |||
Tare 15 p. ct. | 3744 | ||
21215 at [...] 23336 10 |
[Page 118] Being night, we retired, and have put off, till the 7th of this month, the continuation of the present, under the signatures, as above. Signed to the minute, Goyau, P. F. Dobree, Orieux, F. Rozier, & Morin.
Being the said day of the 7th Praireal, we above said judge, have proceeded to the continuation of the present, as follows:
Brulard, 14th. The Citizen Brulard received the 3 barrels of damaged rice, according to the awarding made him for three hundred livres, viz. 300
The Citizen Lefevre requested the delivery of the lots Nos. 15 and 32, made as follows: | |||
15 | B | 100 | 1460 |
S A | 1300 | ||
1625 | |||
1250 | |||
B | 1180 | ||
48 | 1125 | ||
32 | A | 45 | 1640 |
112 | 1395 | ||
B | 9 | 1168 | |
48 | 1246 | ||
13389 | |||
Tare 15 p. c. | 2008 | ||
11381 a 60 6828 12 |
The same received the delivery of the 16th lot, as follows: | |||
16 | B | 7 | 1346 |
A | 113 | 1585 | |
B | 56 | 1373 | |
54 | 1360 | ||
52 | 1290 | ||
6954 | |||
Tare 15 p. c. | 1043 | ||
5911 at 95 5615 9 |
The Citizen Ferret, received the delivery of the 17th and 28th lots, as follows. | |||
Fenet 17 | A | 78 | 1523 |
B | 67 | 1360 | |
55 | 1454 | ||
14 | 1432 | ||
20 | 1533 | ||
A | 47 | 1383 | |
114 | 1493 | ||
28 | B | 208 | 997 |
A | 45 | 1333 | |
1408 | |||
13916 | |||
Tare 15 p. c. | 2087 11829 at 100 11829 |
[Page 119]
The citizen Lefevre received the delivery of he 19th lot as follows. | ||
Lefevre A | 53 | 1350 |
19 B | 91 | 1440 |
C | 1 | 1496 |
B | 33 | 1390 |
3 | 1670 | |
7346 | ||
Tare 15 p. ct. | 1102 | |
6244 at 94 6869 7 2 |
The citizen Ferret received the delivery of the 20th lot as follows. | ||
Ferret 20 B | 157 | 1370 |
1410 | ||
A | 30 | 1340 |
B | 212 | 1208 |
A | 29 | 1516 |
6844 | ||
Tare 15 p. ct. | 1027 | |
5817 a 106 6166 |
The citizen Muller received the delivery of the 21st lot as follows, | ||
Muller 21 B | 87 | 1320 |
100 | 1437 | |
39 | 1396 | |
222 | 1246 | |
81 | 1094 | |
6493 | ||
Tare 15 p. c. | 974 | |
5119 at 100 5119 |
The citizen Jourdan received the delivery of the 22d lot as follows, | ||
Jourdan 22. B | 107 | 1260 |
A | 52 | 1120 |
B | 223 | 1332 |
A | 49 | 1310 |
55 | 1416 | |
6438 | ||
Tare 15 p. c. | 966 | |
5472 at 103 5636 3 2 |
The citizen Lebiais received the delivery of the 23d lot as follows, | |||
[Page 120] Lebiais 23 | B | 44 | 1604 |
114 | 1288 | ||
168 | 946 | ||
C | 20 | 1150 | |
B | 86 | 1248 | |
6236 | |||
Tare 15 p. c. | 933 | ||
5296 at 125 6620 |
The citizen Lefevre received the delivery of the 25th lot as follows, | |||
Lefevre 25. | C | 26 | 1240 |
A | 169 | 1122 | |
11 | 1347 | ||
170 | 1158 | ||
B | 127 | 1084 | |
5951 | |||
Tare 15 p. c. | 893 | ||
5058 at 121 6120 3 7 |
The citizen Lefevre received the delivery of the 29th lot as follows, | |||
Lefevre 29. | A | 117 | 1296 |
B | 60 | 1384 | |
175 | 1146 | ||
A | 93 | 1333 | |
B | 101 | 1033 | |
6192 | |||
Tare 15 p. c. | 929 | ||
5263 at 75 3947 5 |
The citizen Branger received the delivery of the 30th let as follows, | ||
Branger 30. B | 179 | 1242 |
89 | 1204 | |
216 | 1078 | |
1454 | ||
13 | 1621 | |
6599 | ||
Tare 15 p. c. | 990 | |
5609 at 119 6674 14 2 |
[Page 121]
The citizen Ferret received the delivery of the 31st lot as follows, | |||
Ferret 31. | B | 49 | 1506 |
79 | 1345 | ||
A | 110 | 1500 | |
B | 84 | 1370 | |
42 | 1525 | ||
7 [...]16 | |||
Tare 15 p. c. | 108 [...] | ||
6159 at 80 4927 4 |
The citizen Ferret received the delivery of the 33d lot as follows, | |||
Ferret 33 | A | 123 | 1528 |
1302 | |||
B | 22 | 1332 | |
C | 10 | 1197 | |
B | 16 | 1422 | |
6781 | |||
Tare 15 p ct. | 1017 | ||
5764 at 109 6282 15 2 |
The citizen Lefevre received the delivery of the 34th lot as follows, | |||
Lefevre 34. | A | 134 | 1553 |
B | 152 | 1412 | |
A | 118 | 1456 | |
B | 64 | 1456 | |
A | 28 | 1584 | |
7461 | |||
Tare 15 p. c. | 1119 | ||
6342 at 126 7990 18 4 |
Being night we retired, and have put off till tomorrow, the continuation of the present, under the signatures as above, said day and ye [...], signed to the minute, Goyau, P. F. Dobree, Orieux, Rozier and Morin.
Being the day of the eighth Prairial, the third year of the Republic of France, one and indivisible, we judge abovesaid, have proceeded to the continuation of the present as follows,
[Page 122]
The citizen Ferret received the delivery of the 35th lot as follows. | ||
A | 1 | 965 |
Ferret 35 B | 90 | 1320 |
68 | 1534 | |
1503 | ||
1545 | ||
6867 | ||
Tare 15 p. c. | 1030 | |
5837 a 125 7296 5 |
The citizen Ferret received the delivery of the 36th lot as follows, | |||
A | 177 | 1146 | |
Ferret | 36 | 161 | 1184 |
160 | 1132 | ||
175 | 1237 | ||
162 | 1123 | ||
5822 | |||
Tare [...]5 p. c. | 873 | ||
4949 at 129 6384 4 |
The citizen Lefevre received the delivery of twenty hogsheads, composing his awarding, under the denomination, first lot. as follows, | |
Lefevre 1 | 1173 |
1282 | |
1603 | |
1184 | |
1062 | |
1322 | |
1336 | |
1070 | |
1246 | |
1314 | |
1522 | |
1222 | |
1290 | |
1300 | |
1404 | |
1274 | |
1235 | |
1243 | |
1200 | |
1169 | |
35447 | |
Tare 15 p. c. | 3817 |
21830 at 150 | 3 [...]445 |
[Page 123]
The citizen De la Ville received the delivery of the 2d lot as follows, | |
882 | 985 |
1391 | 1210 |
1414 | 907 |
1136 | 1410 |
1480 | 1150 |
1163 | 1360 |
1281 | 1673 |
1273 | 1242 |
1185 | 1185 |
1347 | 1347 |
12602 | 12603 |
12602 | |
25205 | |
Tare 15 p.c. | 3781 |
214241b at 150 32136 |
The citizen Lefevre received the delivery of the 3d lot composed of seventeen hogsheads, as follows, | ||
Lefevre 3. | ||
1016 | 1446 | |
1218 | 1217 | |
1204 | 1264 | |
1037 | 1200 | |
1132 | 1174 | |
1348 | 1544 | |
1283 | 1169 | |
1342 | - | |
1210 | 9084 | |
- | 11932 | |
11932 | - | |
- | 20956 | |
Tare 15 p. c. | 3143 | |
17815 at 150 26719 10 |
The Citizen Hutaud, received the delivery of the 4th lot, formed of the benefitted tobacco, the result of its weighing is net of ele-hundred and forty six pounds [Page 124] weight, at three hundred lives a quintal, give | 3438 |
These are all the damaged merchandizes proceeding from the cargo of the ship the Two Friends, carried to the process verbal of the above vendue. The account made up of the prices of the deliveries, rises to the amount of three hundred and three thousand and sixty five livres, nineteen pence. | 303,065 19 |
In this place the Citizen Dobree, said that there was yet forty seven hogsheads of tobacco belonging to the same cargo, which he thought ought not to be put together with the damaged ones, because he was of opinion, that by picking up the rotten part out of the good, and defalcating accordingly, he can sell them as merchant and good; but however, he would take nothing on his own account, that he thinks that it is the interest of the owners and insurers to have them visited by juries, in order to have their advices, and which he requested, as well as the Citizen Goyau, that we would appoint immediately juries, to visit the said tobacco, and to have from them their proceeding, stating the quality of the said tobacco, and has signed with us the said Goyau. Signed to the minute. P. F. Dobree, and Goyau.
Of which said requisitions and declarations we above said judge have given act, accordingly we have appointed and impanelled the Citizens Brulard and Sauwervald, juries, and invited them to repair to the place assigned them by their commission, have appeared and sworn to [Page 125] discharge with faithfulness, the duty imposed on them by their said commission, and proceeded to it immediately.
From their examination, they caused us to see, and we have seen, forty seven hogsheads of tobacco, marked J. S. after a new disquisition they declared to us that they were of opinion that the rotten tobacco should be separated; accordingly we have ordained the said separation should be made by workmen; and the rotten tobacco being weighed produces three thousand one hundred and twenty three pounds, which was estimated by the juries of being of no value.
As for the remnant of the hogsheads, they declared that they could be sold as merchant and good, provided thirty pounds should be deducted out of every hogshead, on account of the rotten tobacco, which they could not entirely take out; which amounted for the forty seven hogsheads, to fourteen hundred and ten pounds weight.
Such is the report of the juries, which they have affirmed, sincere and true, and have declared to insist in it, and have signed. Signed to the minute. I. C. Sauwervald, and Brulard, Sen.
Of all that we have given act, as well as of all protestations and reserves of the Citizen Dobree, in behalf and against all whom it may concern, We declare also, that all the hogsheads sold, are marked with the letters J. S. but that several had no counter-marks nor numbers, whether they were rubbed away, or that they had not been marked before their shipping.
Stated at about eight o'clock at night, under our signs, and those of the Citizen Dobree, of the [Page 126] Citizen Goyau, and of the Register, the said day and year as above. Signed to the minute. P. F. Dobree, Goyau, Orieux, Rozier, and Morin.
Recorded at Nantes, the twenty seventh of Prairial, the third year of the republic, by Bertrand, who received three thousand thirty two livres.
I the under written, Jean Lormier, judge of the tribunal of the commerce of Nantes, do certify and declare to all whom it may concern, that the signature put above, is that of Jean Morin, sworn register of this tribunal, to which full faith is and shall be given—in testimony of which I have delivered the present, and caused the seal of the tribunal to be set thereunto, to serve to all whom it may concern.
DOCUMENTS RESPECTING SHIP TWO FRIENDS AND CARGO.
I PHINEAS BOND, L. S. Esquire, his Britannic Majesty's Consul-General for the Middle and Southern States of AMERICA, DO HEREBY CERTIFY, That Mr. Clement Biddle, before whom the annexed affidavit was sworn, and who hath attested the same under his hand and notarial seal, is a Notary Public for the Commonwealth [Page 127] of Pennsylvania, duly commissioned and appointed, residing in the city of Philadelphia.
IN FAITH AND TESTIMONY whereof, I the said Consul-General have hereunto set my Hand, and affixed my Seal of Office, at the City of Philadelphia, this Eleventh day of September, in the year of our LORD one thousand seven hundred and ninety-five.
ON this eleventh day of September, in the year of our Lord One Thousand Seven Hundred and Ninety Five, L. S. before me, CLEMENT BIDDLE, Esquire, Notary Public, for the Commonwealth of Pennsylvania, duly commissioned and authorised by law, to administer oaths and affirmations, dwelling in the city of Philadelphia, PERSONALLY came John Swanwick, of the said city, Esquire, and a representative for the said city, in the Congress of the United States, who being duly sworn according to law, on his solemn oath deposes and says, that the annexed writing marked A. is a just and true invoice, and the annexed paper marked B. is one of the original bills of loading of the cargo here shipped by him in the month of November last, in the ship Two Friends, whereof Samuel Williams, is master, bound for Nantz, in France, and that the said ship and the whole of the said cargo, at the time of the shipment, [Page 128] was the sole property of him the deponent, and that on or about the fourteenth day of March last, he sold one half of the said ship Two Friends, and one third part of the said cargo so shipped as aforesaid, to Alexander Foster, of the said city, merchant, who as well as the deponant, is a citizen of the United States of America, and that no citizen or subject of the present belligerent powers, or any of them, had any share, interest or part in the said ship or cargo, directly, or indirectly, by way of covert, trust or otherwise, and that the writing annexed marked C. is a just and true copy of the original instructions given by this deponant, to John K. Helmuth, (who had lived as an apprentice with the deponent, and is a citizen of the said United States, and to whom he had consigned the cargo of the ship Two Friends, here shipped as aforesaid), respecting the sale of the said cargo, and of the disposition of the proceeds thereof; that there was insured on the said ship and cargo as follows, to wit: in the public offices in this city—Fifteen Thousand Dollars on vessel—Twenty Four Thousand Dollars on cargo—For account of the said John Swanwick, and the said Alexander Foster, warranting the property of the said vessel and cargo to be the property of citizens of the United States of America, and that part of the said cargo of tobacco here shipped being damaged in entering the river Loire, was sold for account of the underwriters of the said cargo; that the annexed writing marked D. is an original letter received from the said John K. Helmuth, dated Nantz, June 12, 1795, and the papers annexed marked E. 1, and E. 2, are original duplicate bills of loading of the cargo shipped on board the said ship Two Friends, at [Page 129] Nantz, and which arose from the proceeds of the cargo here shipped in the said ship Two Friends, as aforesaid, and is the sole property of him the said John Swanwick, and the said Alexander Foster, or of the underwriters, for their account, on the cargo of the said ship, on the said tobacco, from the proceeds of which the goods mentioned in the bill of loading marked E. 2, arose; and that no citizen or subject of the present belligerant powers, their governments or agents, or any of them, had, have or hath any share, interest or property, in the said goods mentioned in the said two bills of loading annexed, marked E. 1, and E. 2, by way of covert, trust or otherwise, directly, or indirectly,
And that nine hundred dollars in money on board said ship, are also the property of this deponent.
(A.) INVOICE Of 448 Hogsheads of Tobacco and 97 whole and half Tierce of Rice, shipped by JOHN SWANWICK, on board the American ship Two Friends, SAMUEL WILLIAMS, master, bound for NANTZ, on account and risque of the shipper, a citizen of the United States, and consigned to JOHN K. HELMUTH, super cargo on board.
S. A. No. | c. | q | lb | Tare. | |||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | |
9 | 10 | 10 | 9 | 9 | 9 | 12 | 10 | 11 | 10 | 10 | 113 |
1 | 1 | 3 | 0 | 0 | 3 | 0 | 1 | 3 | 1 | 1 | 1 |
0 | 14 | 7 | l8 | 4 | 14 | 0 | 24 | 0 | 7 | 21 | 25 |
115 | 100 | 140 | 112 | 100 | 128 | 152 | 151 | 150 | 178 | 150 | 1476 |
No. | c | q | lb | Tare. | |||||||
12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | |
10 | 10 | 11 | 10 | 10 | 13 | 12 | 10 | 12 | 11 | 9 | 122 |
1 | 3 | 1 | 2 | 3 | 0 | 0 | 0 | 0 | 2 | 3 | 3 |
21 | 10 | 7 | 7 | 24 | 0 | 14 | 12 | 0 | 18 | 7 | 8 |
146 | 104 | 140 | 125 | 160 | 168 | 142 | 136 | 171 | 127 | 111 | 1500 |
No. | c | q | lb | Tare. | |||||||
23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | |
10 | 10 | 10 | 11 | 11 | 11 | 11 | 9 | 9 | 11 | 11 | 119 |
0 | 3 | 2 | 1 | 0 | 3 | 1 | 2 | 2 | 3 | 0 | 2 |
14 | 14 | 10 | 21 | 14 | 10 | 14 | 20 | 10 | 7 | 24 | 18 |
129 | 150 | 164 | 133 | 145 | 132 | 142 | 110 | 145 | 119 | 140 | 1509 |
35 | 36 | 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | |
10 | 12 | 12 | 11 | 10 | 12 | 11 | 10 | 10 | 12 | 12 | 11 | 137 |
0 | 1 | 1 | 0 | 1 | 1 | 2 | 3 | 2 | 0 | 0 | 1 | 1 |
4 | 5 | 25 | 18 | 14 | 14 | 20 | 21 | 0 | 0 | 0 | 7 | 0 |
153 | 161 | 130 | 175 | 176 | 167 | 82 | 156 | 136 | 130 | 200 | 145 | 1811 |
49 | 50 | 51 | 53 | 54 | 55 | 56 | 60 | 62 | 63 | 64 | 65 | 66 | |
10 | 10 | 11 | 10 | 10 | 12 | 10 | 12 | 11 | 10 | 100 | 12 | 11 | 144 |
0 | 3 | 2 | 3 | 1 | 0 | 2 | 2 | 1 | 0 | 0 | 1 | 1 | 0 |
18 | 24 | 10 | 0 | 24 | 14 | 0 | 14 | 0 | 7 | 4 | 7 | 4 | 14 |
125 | 176 | 110 | 168 | 168 | 214 | 148 | 136 | 158 | 140 | 137 | 147 | 136 | 1963 |
113 | 122 | 119 | 137 | 141 | 637 | 74 | 562 |
1 | 3 | 2 | 1 | 0 | 1 | 2 | 2 |
25 | 8 | 18 | 0 | 14 | 9 | 15 tare | 22 neat, or |
1476 | 1500 | 1509 | 18 [...] | 1963 | 8359 | 603022 lb. | |
£1102 17 8 |
[Page 131]
34 | 47 | 48 | 52 | 57 | 58 | 59 | 61 | 67 | 77 | 78 | 79 | 80 | 81 | 82 | 83 | 84 | 85 | |
8 | 9 | 9 | 9 | 9 | 9 | 9 | 9 | 8 | 9 | 10 | 10 | 11 | 11 | 10 | 10 | 12 | 12 | 183 |
2 | 3 | 3 | 1 | 3 | 2 | 3 | 2 | 0 | 1 | 1 | 1 | 3 | 2 | 0 | 0 | 0 | 3 | 1 |
4 | 21 | 7 | 10 | 21 | 24 | 7 | 7 | 24 | 7 | 21 | 7 | 7 | 21 | 15 | 18 | 14 | 0 | 11 |
118 | 135 | 126 | 135 | 154 | 159 | 140 | 150 | 150 | 114 | 115 | 118 | 2413 |
86 | 87 | 88 | 89 | 90 | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 100 | 101 | 102 | 103 | 104 | 105 | |||||
9 | 11 | 9 | 10 | 12 | 9 | 10 | 10 | 11 | 10 | 11 | 9 | 10 | 10 | 10 | 10 | 10 | 11 | 186 | 194 | 183 | 504 | 60 |
2 | 2 | 0 | 2 | 1 | 0 | 0 | 0 | 2 | 0 | 1 | 0 | 0 | 1 | 0 | 2 | 0 | 0 | 3 | 0 | 1 | 1 | |
4 | 5 | 21 | 0 | 11 | 21 | 6 | 11 | 13 | 9 | 7 | 7 | 14 | 0 | 14 | 14 | 21 | 0 | 13 | 17 | 11 | 13 | 4 |
110 | 116 | 102 | 114 | 145 | 116 | 118 | 106 | 139 | 103 | 108 | 110 | 125 | 183 | 125 | 122 | 114 | 118 | 2174 | 2165 | 2413 | 6752 | tare |
106 | 107 | 108 | 109 | 110 | 111 | 112 | 113 | 114 | 115 | 116 | 117 | 118 | 119 | 120 | 121 | 122 | 123 | |
10 | 11 | 10 | 10 | 11 | 10 | 10 | 11 | 10 | 11 | 11 | 10 | 11 | 10 | 10 | 10 | 11 | 11 | 194 |
1 | 1 | 0 | 0 | 0 | 0 | 0 | 2 | 3 | 2 | 2 | 0 | 3 | 2 | 3 | 1 | 0 | 0 | 0 |
14 | 14 | 0 | 7 | 0 | 7 | 7 | 0 | 0 | 24 | 21 | 0 | 0 | 21 | 0 | 0 | 14 | 0 | 17 |
112 | 114 | 142 | 118 | 1l0 | 150 | 128 | 124 | 114 | 114 | 119 | 140 | 110 | 115 | 108 | 103 | 126 | 118 | 2165 |
504 09 neat, or 56457 a 32/6 917 8 6
69 | 70 | 71 | 72 | 75 | 75 | |||
13 | 11 | 11 | 12 | 11 | 13 | 73 | 6 | 67 |
1 | 0 | 3 | 2 | 1 | 2 | 3 | 3 | |
18 | 0 | 18 | 4 | 0 | 24 | 8 | 5 | 0 |
159 | 103 | 130 | 105 | 114 | 150 | 761 | tare | neat or 7507 a 33/9 126 13 6 |
68 | 73 | 76 | 91 | 99 | tare | neat | |||
11 | 19 | 12 | 9 | 46 | 4 | 41 | 8 | 1 | 7 |
2 | 2 | 2 | 3 | 1 | 2 | 3 | 3 | 0 | 2 |
14 | 0 | 0 | 11 | 25 | 8 | 17 | 13 | 22 | 19 |
134 | 143 | 135 | 100 | 512 | tare | neat or 4693 27/ 63 72 | or 859 30/ 12 17 8 |
[Page 132]
124 | 125 | 126 | 127 | 128 | 129 | 130 | 131 | 132 | 133 | |
11 | 9 | 8 | 9 | 10 | 9 | 10 | 10 | 8 | 10 | 100 |
3 | 3 | 2 | 2 | 3 | 1 | 0 | 2 | 2 | 1 | |
18 | 14 | 25 | 7 | 0 | 14 | 2 | 14 | 14 | 12 | 8 |
136 | 112 | 105 | 113 | 106 | 108 | 130 | 110 | 130 | 114 | 1135 |
134 | 135 | 136 | 137 | 138 | 139 | 140 | 141 | 142 | 143 | |
8 | 9 | 10 | 9 | 9 | 9 | 9 | 9 | 11 | 9 | 96 |
3 | 0 | 1 | 0 | 2 | 2 | 3 | 0 | 2 | 2 | 3 |
4 | 6 | 23 | 4 | 21 | 14 | 2 | 16 | 18 | 4 | 0 |
114 | 111 | 114 | 118 | 120 | 108 | 102 | 108 | 114 | 113 | 1122 |
144 | 145 | 146 | 147 | 148 | 149 | 150 | 151 | 152 | 153 | |
9 | 9 | 11 | 9 | 9 | 8 | 9 | 9 | 9 | 9 | 95 |
3 | 1 | 0 | 2 | 0 | 2 | 3 | 0 | 2 | 2 | 3 |
4 | 4 | 20 | 9 | 14 | 14 | 18 | 7 | 14 | 14 | 6 |
100 | 116 | 107 | 109 | 198 | 115 | 126 | 109 | 198 | 130 | 1108 |
154 | 155 | 150 | 157 | 138 | 159 | 160 | 161 | 162 | 163 | 164 | 165 | |
9 | 11 | 9 | 9 | 7 | 10 | 8 | 8 | 9 | 6 | 10 | 8 | [...]12 |
1 | 0 | 0 | 3 | 1 | 1 | 0 | 2 | 2 | 3 | 3 | 3 | 1 |
10 | 5 | 20 | 17 | 12 | 25 | 25 | 16 | 14 | 6 | 5 | 18 | 5 |
109 | 107 | 102 | 114 | 196 | 198 | 104 | 102 | 103 | 102 | 136 | 107 | 1280 |
166 | 167 | 168 | 169 | 170 | 171 | 172 | 173 | 174 | 175 | 176 | 177 | |||||||||
10 | 7 | 10 | 7 | 8 | 9 | 9 | 9 | 9 | 10 | 9 | 9 | 111 | 112 | 103 | 327 | 100 | 96 | 95 | ||
0 | 2 | 0 | 3 | 3 | 1 | 3 | 0 | 3 | 1 | 2 | 0 | 3 | 1 | 1 | 2 | 1 | 3 | 3 | 2 | 3 |
14 | 23 | 14 | 7 | 15 | 14 | 19 | 12 | 7 | 14 | 27 | 0 | 19 | 5 | 26 | 22 | 8 | 0 | 6 | 8 | 4 |
118 | 108 | 120 | 112 | 101 | 102 | 103 | 114 | 98 | 123 | 102 | 100 | 1300 | 1280 | 1209 | 3789 | 1135 | 1122 | 1108 |
178 | 179 | 180 | 181 | 182 | 183 | 184 | 185 | 186 | 187 | 188 | |
7 | 9 | 8 | 10 | 9 | 10 | 10 | 9 | 9 | 8 | 9 | 103 |
3 | 3 | 3 | 0 | 1 | 0 | 2 | 2 | 2 | 2 | 0 | 1 |
4 | 9 | 2 | 4 | 13 | 24 | 3 | 26 | 14 | 7 | 4 | 26 |
95 | 103 | 99 | 99 | 99 | 136 | 132 | 122 | 115 | 103 | 106 | 1209 |
near 556 2 22 or 62350 a 34/ per C. 1059 19 0
S.B. 1 | 2 | 3 | 4 | 5 | 6 | 7 | 3 | 9 | 10 | |
9 | 9 | [...] | 9 | 10 | 9 | 10 | 8 | 8 | 9 | 96 |
2 | 1 | 1 | 3 | 1 | 3 | 3 | 2 | 1 | 2 | 3 |
14 | 18 | 5 | 14 | 7 | 14 | 13 | 7 | 14 | 11 | 5 |
117 | 126 | 194 | 115 | 111 | 100 | 128 | 125 | 9 [...] | 94 | 1093 |
11 | 12 | 13 | 14 | 15 | 16 | 18 | 18 | 19 | 20 | |
10 | 10 | 11 | 9 | 9 | 9 | 9 | 9 | 9 | 9 | 97 |
1 | 2 | 1 | 2 | 0 | 2 | 1 | 0 | 0 | 0 | 3 |
14 | 9 | 25 | 16 | 9 | 14 | 23 | 23 | 9 | 27 | 1 |
98 | 114 | 114 | 106 | 105 | 116 | 95 | 115 | 115 | 86 | 1064 |
21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | |
9 | 9 | 11 | 11 | 11 | 11 | 11 | 10 | 11 | 9 | 107 |
2 | 2 | 2 | 0 | 2 | 1 | 0 | 1 | 3 | 2 | 2 |
0 | 9 | 0 | 20 | 14 | 23 | 24 | 14 | 4 | 0 | 24 |
116 | 115 | 128 | 127 | 121 | 113 | 104 | 102 | 150 | 100 | 1178 |
[Page 133]
31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | |
9 | 10 | 10 | 12 | 11 | 10 | 9 | 9 | 9 | 11 | 103 |
1 | 1 | 1 | 3 | 1 | 0 | 0 | 3 | 0 | 0 | 3 |
11 | 11 | 91 | 27 | 0 | 21 | 26 | 2 | 11 | 14 | 22 |
90 | 96 | 106 | 123 | 119 | 100 | 107 | 106 | 109 | 150 | 1106 |
41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 | 49 | 60 | |
10 | 11 | 9 | 10 | 9 | 9 | 10 | 9 | 11 | 9 | 101 |
0 | 1 | 3 | 3 | 2 | 1 | 0 | 2 | 0 | 3 | 3 |
12 | 21 | 9 | 24 | 6 | 4 | 2 | 18 | 16 | 24 | 24 |
112 | 120 | 103 | 98 | 108 | 129 | 156 | 142 | 168 | 119 | 1253 |
51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 | 60 | |
9 | 9 | 9 | 9 | 9 | 9 | 10 | 10 | 10 | 10 | 98 |
1 | 3 | 1 | 0 | 3 | 2 | 0 | 1 | 0 | 2 | 1 |
18 | 7 | 24 | 0 | 7 | 7 | 7 | 27 | 21 | 20 | 26 |
115 | 100 | 112 | 105 | 112 | 119 | 131 | 135 | 96 | 164 | 1189 |
61 | 62 | 63 | 64 | 65 | 66 | 7 | 68 | 69 | 70 | |
9 | 9 | 11 | 10 | 9 | 10 | 9 | 10 | 9 | 9 | 100 |
2 | 2 | 0 | 2 | 3 | 1 | 2 | 3 | 2 | 2 | |
4 | 11 | 7 | 21 | 6 | 25 | 23 | 4 | 14 | 11 | 4 |
124 | 100 | 100 | 107 | 95 | 91 | 10 | 107 | 120 | 100 | 1062 |
71 | 72 | 73 | 74 | 75 | 76 | 77 | 7 [...] | 79 | 80 | |
10 | 9 | 9 | 9 | 9 | 9 | 8 | 8 | 10 | 9 | 95 |
0 | 2 | 0 | 2 | 2 | 3 | 3 | 2 | 1 | 2 | 18 |
9 | 2 | 12 | 21 | 0 | 11 | 20 | 13 | 0 | 9 | 11 |
109 | 110 | 107 | 100 | 116 | 102 | 106 | 115 | 120 | 120 | 1l |
81 | 82 | 83 | 84 | 85 | 86 | 87 | 88 | 89 | 90 | |
8 | 9 | 0 | 10 | 9 | 10 | 0 | 8 | 9 | 9 | 95 |
3 | 3 | 2 | 1 | 0 | 0 | 2 | 2 | 3 | 2 | 3 |
16 | 21 | 7 | 4 | 23 | 25 | 4 | 21 | 7 | 25 | 13 |
104 | 118 | 100 | 124 | 114 | 112 | 106 | 102 | 112 | 138 | 1130 |
91 | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 100 | |
9 | 10 | 9 | 9 | 10 | 9 | 8 | 8 | 9 | 9 | 95 |
2 | 1 | 2 | 2 | 2 | 0 | 3 | 3 | 2 | 2 | 2 |
7 | 12 | 0 | 7 | 18 | 14 | 16 | 7 | 4 | 0 | 1 |
200 | 113 | 108 | 118 | 107 | 112 | 106 | 1I7 | 118 | 103 | 1101 |
101 | 102 | 103 | 104 | 105 | 106 | 107 | 103 | 109 | 110 | |
9 | 9 | 10 | 8 | 9 | 9 | 9 | 9 | 10 | 9 | 96 |
2 | 1 | 1 | 2 | 1 | 0 | 2 | I | 3 | 2 | 0 |
11 | 11 | 7 | 25 | 4 | 25 | 20 | 25 | 21 | 7 | 16 |
112 | 124 | 115 | 114 | 130 | 132 | 82 | 114 | 115 | 107 | 145 |
111 | 112 | 113 | 114 | 115 | 116 | 117 | 118 | 119 | 120 | |
8 | 8 | 11 | 9 | 9 | 9 | 9 | 10 | 10 | 10 | 99 |
3 | 3 | 3 | 2 | 3 | 3 | 1 | 3 | 0 | 2 | 2 |
7 | 8 | 21 | 3 | 0 | 14 | 22 | 12 | 25 | 11 | 21 |
100 | 108 | 132 | 124 | 110 | 104 | 110 | l00 | 115 | 108 | 1111 |
121 | 122 | 123 | 124 | 125 | 126 | 127 | 128 | 129 | 130 |
9 | 9 | 10 | 9 | 9 | 9 | 9 | 8 | 9 | 10 |
3 | 1 | 3 | 0 | 1 | 3 | 1 | 3 | 2 | 1 |
26 | 17 | 14 | 18 | 2 | 12 | 2 | 11 | 7 | 14 |
98 | 97 | 132 | 115 | 109 | 111 | 100 | 113 | 100 | 131 |
131 | 133 | 132 | 134 | 135 | 136 | 137 | 138 | 139 | 140 | |
10 | 8 | 9 | 9 | 8 | 8 | 9 | 10 | 9 | 11 | 97 |
2 | 3 | 3 | 2 | 3 | 3 | 2 | 2 | 3 | 0 | 3 |
18 | 7 | 21 | 13 | 11 | 7 | 6 | 16 | 16 | 14 | 17 |
126 | 116 | 133 | 120 | 106 | 105 | 102 | 337 | 119 | 112 | 1175 |
141 | 142 | 143 | 144 | 145 | 146 | 147 | 148 | 149 | 150 | |
8 | 7 | 9 | 7 | 9 | 10 | 9 | 10 | 10 | 11 | 93 |
2 | 1 | 0 | 3 | 0 | 0 | 3 | 0 | 0 | 1 | 1 |
0 | 16 | 4 | 13 | 5 | 7 | 8 | 11 | 0 | 22 | 2 |
155 | 114 | 109 | 83 | 112 | 101 | 96 | 117 | 102 | 138 | 1120 |
[Page 134]
151 | 152 | 153 | 154 | 155 | 156 | 157 | 158 | 159 | 160 | |
9 | 2O | 9 | 9 | 10 | 9 | 9 | 9 | 9 | 9 | 96 |
0 | 0 | 3 | 3 | 1 | 3 | 0 | 2 | 1 | 3 | 2 |
3 | 4 | 2 | 4 | 14 | 7 | 21 | 6 | 7 | 13 | 25 |
99 | 107 | 111 | 102 | 103 | 107 | 110 | 101 | 110 | 122 | 1082 |
161 | 162 | 163 | 164 | 165 | 166 | 167 | 168 | 169 | 170 | |
9 | 8 | 9 | 8 | 10 | 9 | 9 | 9 | 9 | 8 | 93 |
0 | 3 | 3 | 3 | 1 | 1 | 2 | 0 | 3 | 1 | 1 |
13 | 25 | 0 | 21 | 21 | 7 | 23 | 21 | 0 | 4 | 23 |
101 | 99 | 97 | 95 | 109 | 123 | 109 | 1 [...]7 | 108 | 106 | 1074 |
171 | 172 | 173 | 174 | 175 | 176 | 177 | 178 | 179 | 180 | |
9 | 9 | 9 | 8 | 9 | 9 | 9 | 9 | 8 | 9 | 94 |
2 | 2 | 1 | 1 | 3 | 3 | 2 | 1 | 2 | 3 | 0 |
9 | 13 | 14 | 21 | 21 | 20 | 0 | 10 | 0 | 11 | 7 |
115 | 96 | 111 | 97 | 107 | 123 | 91 | 118 | 117 | 103 | 1078 |
18l | 182 | 183 | 184 | 185 | 186 | 187 | 188 | 189 | 190 | |
10 | 9 | 9 | 9 | 7 | 9 | 10 | 8 | 9 | 9 | 93 |
0 | 1 | 1 | 3 | 3 | 1 | 2 | 0 | 1 | 0 | 1 |
11 | 21 | 20 | 9 | 7 | 10 | 23 | 17 | 7 | 20 | 5 |
154 | 117 | 113 | 125 | 90 | 98 | 127 | 115 | 108 | 94 | 1141 |
191 | 192 | 193 | 194 | 195 | 196 | 197 | 198 | 109 | 200 | |
9 | 9 | 9 | 9 | 8 | 10 | 9 | 8 | 11 | 9 | 96 |
0 | 3 | 1 | 0 | 3 | 3 | 2 | 2 | 2 | 3 | 3 |
18 | 7 | 4 | 14 | 21 | 4 | 16 | 7 | 16 | 7 | 2 |
107 | 111 | 105 | 107 | 94 | 101 | 102 | 104 | 128 | 120 | 1079 |
201 | 202 | 203 | 204 | 205 | 206 | 207 | 208 | 209 | 210 | |
11 | 8 | 8 | 10 | 10 | 8 | 9 | 10 | 9 | 9 | 9 [...] |
0 | 3 | 0 | 2 | 0 | 2 | 1 | 0 | 0 | 2 | 1 |
14 | 7 | 0 | 11 | 0 | 14 | 4 | 0 | 7 | 25 | 1 |
120 | 100 | 109 | 121 | 120 | 100 | 132 | 128 | 102 | 118 | 110 |
211 | 212 | 213 | 214 | 215 | 216 | 217 | 218 | 219 | 220 | |
10 | 9 | 9 | 9 | 9 | 9 | 9 | 8 | 10 | 8 | 94 |
0 | 2 | 2 | 2 | 0 | 2 | 2 | 0 | 0 | 2 | 0 |
2 | 15 | 14 | 18 | 11 | 0 | 20 | 14 | 14 | 6 | 2 |
140 | 150 | 133 | 111 | 100 | 100 | 128 | 114 | 135 | 110 | 1221 |
221 | 222 | 223 | 224 | 225 | 226 | 227 | 228 | 229 | 230 | |
7 | 9 | 9 | 9 | 10 | 8 | 9 | 9 | 8 | 10 | 93 |
2 | 2 | 3 | 2 | 0 | 2 | 2 | 1 | 2 | 0 | 0 |
14 | 11 | 7 | 21 | 0 | 7 | 19 | 26 | 26 | 7 | 11 |
115 | 134 | 115 | 105 | 132 | 109 | 115 | 95 | 129 | 196 | 1161 |
231 | 232 | |
10 | 8 | 19 |
3 | 3 | 2 |
22 | 4 | 26 |
189 | 121 | 312 |
[Page 135]
96 | 97 | 107 | 103 | 101 | 98 | 100 | 95 | 95 | 95 | 96 | 99 | 1189 | 1064 | 2254 | tare234 |
3 | 3 | 2 | 3 | 3 | 1 | 3 | 0 | 3 | 2 | 0 | 0 | 3 | 0 | 0 | 1 |
5 | 1 | 24 | 22 | 24 | 26 | 4 | 18 | 18 | 1 | 16 | 21 | 7 | 23 | 2 | 4 |
1003 | 1064 | 1178 | 1106 | 1253 | 1042 | 1042 | 1111 | 1130 | 1101 | 1145 | 1111 | 13543 | 12607 | 26240 |
2019 2 26 is 226210 neat a 34sp. C. 3845 11 4
96 | 97 | 98 | 96 | 93 | 94 | 93 | 96 | 95 | 94 | 93 | 19 | 1064 |
2 | 3 | 1 | 2 | 1 | 0 | 1 | 3 | 1 | 0 | 0 | 2 | 0 |
11 | 17 | 2 | 25 | 23 | 7 | 5 | 2 | 1 | 2 | 14 | 26 | 23 |
1106 | 1175 | 1120 | 1082 | 1074 | 1078 | 1141 | 1079 | 1150 | 1221 | 1161 | 310 | 10697 |
S.C. 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | ||||
11 | 9 | 9 | 10 | 10 | 8 | 11 | 9 | 9 | 9 | 9 | 10 | 8 | 8 | 136 | 123 | 259 | tare 26 |
0 | 0 | 0 | 2 | 0 | 1 | 2 | 2 | 2 | 1 | 3 | 1 | 3 | 3 | 0 | 1 | 1 | 1 |
0 | 4 | 6 | 0 | 4 | 4 | 12 | 25 | 14 | 22 | 2 | 13 | 9 | 16 | 19 | 7 | 26 | 22 |
110 | 107 | 128 | 116 | 90 | 114 | 111 | 116 | 109 | 115 | 120 | 145 | 100 | 99 | 1580 | 1382 | 2962 |
neat 253 0 4 is 26100 a 34sp. C.443 14
15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 1 |
10 | 9 | 8 | 8 | 8 | 7 | 8 | 8 | 9 | 7 | 7 | 9 | 8 | 11 | 23 |
2 | 0 | 1 | 1 | 2 | 3 | 0 | 2 | 1 | 2 | 2 | 1 | 3 | 0 | 1 |
0 | 18 | 20 | 0 | 27 | 2 | 14 | 11 | 0 | 0 | 21 | 25 | 2 | 7 | 7 |
92 | 95 | 103 | 93 | 96 | 92 | 91 | 115 | 111 | 98 | 95 | 116 | 89 | 96 | 1382 |
[Page 136]
S.No.1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
6 | 6 | 5 | 6 | 6 | 5 | 5 | 5 | 5 | 4 | 57 |
0 | 1 | 3 | 0 | 1 | 3 | 1 | 0 | 0 | 3 | 0 |
23 | 1O | 16 | 9 | 2 | 16 | 14 | 14 | 14 | 18 | 13 |
11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | |
5 | 4 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 51 |
0 | 3 | 1 | 0 | O | O | 1 | 0 | I | 0 | 1 |
11 | 14 | 11 | 21 | 10 | 14 | 14 | 11 | 7 | 16 | 27 |
21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | |
6 | 6 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 55 |
1 | 1 | 3 | 0 | 1 | 1 | 2 | 0 | 0 | 1 | 1 |
12 | 10 | 27 | 7 | 0 | 18 | 10 | 0 | 18 | 0 | 18 |
31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | |
6 | 6 | 5 | 6 | 6 | 6 | 5 | 5 | 5 | 6 | 59 |
0 | 1 | 3 | 0 | 0 | 0 | 3 | 0 | 2 | 0 | |
7 | 14 | 21 | 7 | 21 | 18 | 21 | 16 | 20 | 18 | 23 |
41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 | T.49 | 50 | |
6 | 6 | 5 | 6 | 5 | 6 | 40 | 6 | 2 | 6 | 45 |
0 | 0 | 2 | 0 | 1 | 0 | 0 | 1 | 3 | 0 | 0 |
15 | 20 | 21 | 23 | 9 | 11 | 23 | 3 | 14 | 7 | 5 |
51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 | 60 | |
6 | 6 | 5 | 6 | 6 | 5 | 5 | 6 | 6 | 6 | 60 |
1 | 0 | 3 | 0 | 1 | 3 | 2 | 0 | 0 | 0 | 3 |
16 | 4 | 18 | 14 | 4 | 23 | 20 | 25 | 13 | 16 | 3 |
61 | 62 | 63 | 44 | 65 | 66 | 67 | 68 | 69 | 70 | |
5 | 6 | 6 | 6 | 6 | 6 | 5 | 5 | 6 | 5 | 59 |
2 | 0 | 0 | 0 | 0 | 0 | 3 | 9 | 0 | 3 | 3 |
16 | 26 | 7 | 18 | 0 | 21 | 16 | 9 | 20 | 11 | 4 |
71 | 72 | 73 | 74 | 75 | 76 | 77 | 78 | 79 | 80 | |
5 | 6 | 5 | 6 | 6 | 6 | 6 | 6 | 5 | 6 | 59 |
3 | 0 | 3 | 0 | 0 | 0 | 0 | 0 | 3 | 0 | 3 |
111 | 0 | 13 | 4 | 6 | 0 | 18 | 0 | 9 | 19 | 24 |
81 | 82 | 83 | 84 | 85 | 86 | 87 | 83 | 89 | 90 | |
6 | 5 | 5 | 6 | 5 | 5 | 6 | 5 | 5 | 6 | 60 |
0 | 3 | 3 | 0 | 3 | 3 | 1 | 3 | 3 | 0 | 0 |
21 | 17 | 23 | 14 | 13 | 23 | 3 | 27 | 11 | 7 | 19 |
91 | 92 | 93 | 94 | 95 | 96 | 97 | 98 | |
5 | 5 | 6 | 6 | 5 | 6 | 6 | 5 | 47 |
0 | 3 | 0 | 0 | 3 | 0 | 0 | 3 | 0 |
21 | 4 | 20 | 23 | 11 | 11 | 7 | 13 | 26 |
57 | 51 | 55 | 59 | 45 | 60 | 59 | 60 | 47 | 59 | 556 | Tare, a 7olbp.Hhd.and 351/2 p. 60 |
0 | 2 | 1 | 2 | 0 | 3 | 3 | 0 | 0 | 3 | 3 | 3 |
13 | 27 | 18 | 23 | 5 | 3 | 4 | 19 | 26 | 24 | 20 | 21 |
Neat, 496 0 1 at 28s p. C. 694 8 3
Total 8266 17 1
Cooperage of Tobacco and Rice, | £3 | 0 | 0 | |||
Porterage, | 81 | 7 | 6 | |||
Commissions, | 49 | 14 | 6 | |||
My commission on £8400 19 1 a 5 p.c. | 42 [...] | 0 | 11 | |||
Insurance on £8827 61 a 10 p.c. | 882 | 14 | 0 | 1436 | 16 | 11 |
Errors execpted. | £c. 9 [...] | 14 | 0 |
SHIPPED in good order, and well conditioned, S.A. 1 a 188hhds., S.B. 1 a 232 hhds. S.C. 1 a 28 hhds. Tobacco. S. i a 98 Rice. by John Swanwick, in and upon the good ship called the Two Friends, whereof is master for this present voyage Samuel Williams, and now riding at anchor in the river Delaware, and bound for Nantz—To say, Four hundred and forty eight hogsheads of Tobacco, and ninety seven whole and one half tierce of Rice, on account and risk of the shipper, a citizen of the United States of America. Being marked and numbered as in the margin, and are to be delivered in the like good order and well conditioned, at the aforesaid port of Nantz, (the danger of the seas only excepted) unto John K. Helmuth, or to his assigns, he or they paying freight for the said Goods, as owners property. In witness whereof the master or purser of the said ship hath affirmed to four bills of lading, all of this tenor and date; the one of which bills being accomplished, the others to stand void.
THE diligent attention and care, in what concerns me, which you have uniformly displayed during your residence with me, and the recent instances which I have observed, of an attachment in your family, which will always endear them to me, have determined me to confide to your care, during the present voyage, my ship Two Friends, and her cargo of Rice and Tobacco, agreeably to invoice and bills of loading inclosed herein—with which you will please to proceed to the port of Nantz or Bourdeaux in France, and on your arrival there, make the best possible sale of the whole, for my interest—Investing the proceeds in a cargo of Salt, Brandy, Claret, Oil, Soap, Dry Goods, Prunes, &c, as you shall find best for my advantage, taking care to assort it, as nearly as possible, on the footing of the note at the bottom of this letter, and to have the one cargo put on board, immediately on discharging the other, making the conditions of the sales accordingly —The moment the property is on board your vessel, it is under the in [...]rance I have here made; whereas, when once on shore, it is out of all security as for me—I have given you many letters of introduction, to serve you among my friends in France: You must; select such assistance as you in prudence shall find most adviseable, and I shall allow you five per cent on sales, and five per cent on the returns, out of which, you must pay all charges to those who [Page 139] assist you, and conduct the whole business in your own name only, as a citizen of the United States, no foreigner whatever having any concerns in this ship or cargo, as you will see by my qualifications annexed to the ship's clearance.
In making your sales and delivery, attend yourself to the weights, and see that you are not imposed on in that matter; examine also the qualities of Tobacco most suitable for the market you go to, to govern ourselves by in future —see also the quality of the goods in return, that they be the best of their kind—If after taking in my goods, you have any room left for passengers or freight, you must do the best possible, for my interest in taking them in—and observe to do it, so as not to commit my property, with respect to any of the belligerent powers; as it would be better for me to forego any advantage of this kind, than to have my property endangered by that means—If on your arrival at Nantz or Bourdeaux, you find any other market in Europe better, you may proceed to it under the insurance I have made, paying 1 per cent additional premium, and in case of accident or damage, take great care to have your papers of surveys, protests, &c. put in proper order, to secure my prompt recovery of the underwriters.
You have taken the names of my different correspondents, so as to know who to value on in case of any unforeseen interruption of your voyage, which I mention by way of precaution, not expecting any thing of this kind will happen—You know my ship Active is gone to Hamburgh—write by post direct on your arrival, to Captn. Blair, to the care of Messrs. Parish and Co. advise him of your proceedings, and tell him [Page 140] what freights or advantage may offer at the port you are at, for his government, should he see fit to go that way; and in case he stands in need of your assistance give him it, wherever he may claim it—If on your arrival in France, from any troubles there may be, or any impediment in getting returns, you can't sell your cargo, so as to bring me back the certain proceeds—You must only leave that port, and proceed to Hamburgh, or such other market as you may see best for my interest—acting as you would for yourself in such a case—You have a power of Attorney, to act for me in France, and I give you herewith an account of my claims, as to the sale of ship Baring, on Fenwick, Mason and Co. pray attend to it—as also to get my account closed by Gasper Meyer of Bourdeaux, and King, Watson and Co. of Dunkirk, by corresponding accordingly on your arrival, as I shall be glad in that way to get these matters settled —Write me by all conveyances, and observe, that Brandy cannot be shipped but in large casks here, I shall add in another letter what may occur further, and am mean while truly,
CARGO BACK AS FOLLOWS.
Salt enough to ballast in proportion to what may be necessary—attention paid to the whole of the ship's cargo—Brandy the chief article, of good taste and proof, in large casks—Wines, the best you can get—Claret, as you know I buy them here—not so sure however to sell always as Brandy, therefore but few of these in proportion.
Clarets in bottles and cases, a few prime quality— [Page 141] 4 or 500 boxes good fresh Prunes, if you can get them good—An assortment of best fine sallad Oil, in cases.
Of Castile Soap and any other articles of this kind, you may think saleable here.
Some boxes human Hair and perfumer's articles, hair-powder and pomatum, would probably answer well—Furniture, such as tables, glasses, chairs, desks, &c. if cheap and fashionable, such as you have seen sell well at Odier's.
Any of the articles in the list herein, that may answer, such as millenery, fans, silks, silk hose, gloves, umbrellas, &c.
THE ship Two Friends, being at last repaired and ready for sea, I have now the honor to enclose you herein, invoice and bill of loading, of sundry merchandizes, shipped on your account and risque, amounting to livres, assignats, 404056 3—As also invoice and bill of loading of sundry goods shipped on account of the underwriters, of the cargo of the ship Two Friends, amounting to £250895 18 assignats, with account, sales, and necessary papers for your prompt recovery from them—I further enclose you a bill on my brother for 1000 dollars, as also a receipt from Capt. Williams, for 900 dollars, which he will deliver you immediately after his arrival.
Your ship's delay here, has been unfortunately very long, but taking into consideration the [Page 142] many difficulties under which she laboured, it is not too long a time—Mr. S. cannot well form an idea to himself of the way of doing business here, who is so much accustomed to activity. In order to get a single permit for goods it requires 2 or 3 days at least, and the number of holidays which at present are kept in France make mercantile business very difficult to be transacted. On Sundays the people do not any business, and on decade days all public offices are shut.
I am extremely sorry it is impossible for me to return in the ship Two Friends, as there still remains about 60 hogsheads of tobacco unsold, and I should not wish to leave France without having the accounts of the voyage compleated: From present appearances tobacco will raise considerably in value, and is in demand here—I dare say should the Two Friends arrive safe in port, the merchandizes which I have shipped will answer very well, as goods of the same kind are 70 or 80 per cent dearer now than they were at the time of the purchase. I hope captain M Call, may have arrived safe at New York, with the goods snipped on your account. My apprehensions respecting a war with G. Britain are very considerable, notwithstanding (as is reported here) a treaty has been ratified in England, by Mr. Jay—The British cruizers take all American vessels bound to France, loaded with provision?. A brig belonging to Mr. Meade, of Philadelphia, and cleared out for Nantz, was boarded by an English frigate in the bay, who put a prize master and several men on board, to carry her into Portsmouth; but the master and American seamen who were left on board of the brig, found means to make drunk [Page 143] the prize master, and his men; in which time they retook possession of the vessel and brought her safe in here.
The late dauphin of France is dead, and Luxembourg is taken by the French. The death of the son of Capet, will occasion some alteration with respect to some of the powers at war with France. The Spanish government demanded as one of their terms on which it would agree to a peace, the delivery of the dauphin up to them, some suspicions at this time are formed of his not dying a natural death.
A serious fire took place a few days past at Paimboeuf, by which 6 fine ships were consumed, as you will see by the account given in the Nantz paper.
I wished much for a few lines from you, but I suppose you expected my departure from this before the arrival of the vessels which sailed not long since from Philadelphia. Please accept the enclosed news papers, from
I shall send copies of the invoices and papers to recover insurance, by the next conveyance, J. K. H.
SHIPPED by the Grace of God in good order and, well conditioned, 1 Small keg I.S. No. 1, a 10 trunks Do. No. 1, cask Do. No. 1, a 4 bales 1 a 200 kegs of raisins No. 1, a 5 casks Malaga wine No. 1, a 3 bbls. prunes A small box I.S. No. 98, a 137, 40, casks of wine by J. K. Helmuth, a citizen of the United States of America, in and upon the good ship called the Two Friends, whereof is master under God for this present voyage Samuel Williams, and now riding at anchor in the river Loire, and by God's grace bound for Philadelphia—To say, One small keg, ten trunks, containing sundry merchandizes, one cask of Silesia cloths, one bale of charts, three bales of papering, two hundred kegs of raisins, four pipes and one quarter cask of Malaga wine, three barrels of prunes, one small box containing watches, and forty casks of Bourdeaux red wine, on account and risque of John Swanwick, Esq of Philadelphia, a citizen of the United States of America, being marked and numbered as in the margin, and are to be delivered in the like good order and well conditioned, at the aforesaid port of Philadelphia, (the danger of the seas only excepted,) unto John Swanwick, Esq or to his assigns, he or they paying for the said goods as owners property, with primage and average accustomed. In witness whereof the master or purser of the said ship has affirmed to four bills of lading, all of this tenor and date, one of which bills being accomplished, the other three to stand void; and so God send the good ship to her desired port in [Page 145] safety. Amen.
SHIPPED by the grace of God in good order and well conditioned, I.S. No. 1, a 97 138 a 316 276 Casks I.S, 1, a 16 hhds. of currants by John K. Helmuth, a citizen of the United States of America, in and upon the good ship called to Two Friends, whereof is master under God for this present voyage Samuel Williams, and now riding at anchor in the river Loire, and by God's grace bound for Philadelphia—To say, Two hundred and seventy six casks of Bourdeaux sed wine, and sixteen hogsheads of currants, on account and risque of the underwriters, on the cargo of the ship Two Friends, at Philadelphia, being marked and numbered as in the margin, and are to be delivered in the like good order and well conditioned, at the aforesaid port of Philadelphia, (the danger of the seas only excepted,) unto John Swanwick, Esq or to his assigns, he or they paying freight for the said goods, four pounds ten sterling shillings per ton, with primage and average accustomed: In witness whereof the master or purser of the said ship has affirmed to four bills of lading, all of this tenor and date, one of which bills being accomplished, the other three to stand void; and so God send the good ship to her desired port in safety. Amen.
BY this public instrument of protest, be it known and made manifest unto all whom these presents shall come, or may in any ways concern, That, on this eighth day of February, in the year one thousand seven hundred ninety five; before me Peter Frederick Dobree, vice consul of the United States, for the port of Nantz, &c. personnally came and appeared, Samuel Williams, master of the ship Two Friends, of Philadelphia, of about three hundred and fifty tons burden, who being duly sworn, did solemnly declare in manner and form following; that he left Philadelphia the fourth of December, bound to Nantz in France, with a cargo of four hundred and seventy six hogsheads of tobacco, one hundred tierces of rice, and twelve thousand staves, on freight, the wind at north, with a fine fresh breeze—that the eighth of the said month, his vessel begun to leak, which obliged him to pump ship every two hours—that the twenty first the wind shifted to south east, and blew very strong, the sea extremely heavy, and the leak encreasing, they were forced to pump every half hour—that this bad weather had lasted during fifteen days; that the twenty eighth of January, five o'clock A. M the wind being west north west, and very thick weather, he has seen the land and hoisted his jack, to call a pilot: that none coming, at five o'clock P. M. his vessel struck the rocks, called Les Charpentiers, and leaked two feet of water an hour; that he steered at once to get in the river, and got an anchor under sort Maindin, and hoisted lights for assistance; but perceiving that his crew could no longer suffice to pump, and having seven to eight feet of water in the hold, he her seen himself sacred (to save the cargo) to [Page 147] cut his cable and run ashore on the coast of Brevin—that the next day at seven o'clock in the morning, he has sent his boat with Mr. John K. Helmuth, supercargo, to seek succours on shore. That an inhabitant of said Brevin got him eight men, who came on board; that the said day, said Mr. Helmuth, went to Paimboeuf, and waited on Mr. Boudet, sworn interpreter and broker, with whom he made his declaration at the custom house, to Mr. Louvet, maritime agent, and to Mr. Lucas, officer of the port, who immediately gave him every assistance in their power, in getting boats and men; that the thirty first of the same month, at about one o'clock in the morning, he succeeded to get his ship afloat, having still seven to eight feet of water in the hold, although he had constantly kept men at the pump, and that about one in the afternoon he got on the mud between Point Ville Le Martin and Port S. Nazaire, when he got about forty hands at the pump, and seven large boats from from Paimboeuf, which he at once got loaded with rice and tobacco. That having perceived the first of February, the present month, that his ship had done leaking, and the wind coming the next day at the north west, he has sailed for Paimboeuf, and got on the mud there the third instant, at four o'clock in the morning; and from these accidents and the length of his passage, said Williams, declares that, both his ship and cargo, must be greatly damaged, and therefore doth solemnly protest against wind and weather, as he has already done, before the officers of the customs, at Paimboeuf, and now signs the present protest and instrument, with John Harper, his mate, and Joseph Henry, and Andrew [Page 148] Forster, sailors on board of said ship Two Friends, who being duly sworn, concur and agree in this said declaration and protest, which they affirm to be true.
- SAMUEL WILLIAMS,
- JOHN HARPER,
- ANDRES FOSTER,
- JOSEPH H. SPENCER.
IN faith of all which I have delivered this under my hand, and caused my seal of office to be thereunto affixed, the day and year aforesaid.