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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.

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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,

[Page]

PROCEEDINGS, &c.

BERMUDA.

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.

Officers attending—
  • 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.

Given under my hand and the great seal of these islands, this 15th day of August; Anno Do­mini 1795.
By his excellency's command, HENRY TUCKER, Secretary.

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.

Bermuda Court Vice Admiralty.
The honorable John Green Esquire, judge of the court of vice admiralty, for said islands.

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.

I. G. PALMER, Proctor for Libels. Filed in the court of Vice Admiralty this 17th day of Aug. 1795.
JOHN LEWIS, Register.

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:

Bermuda Court of Vice Admiralty

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.

Sworn to this 17th day of August 1795, before me JOHN GREEN.
THOMAS SMITH.

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.
GEORGE WASHINGTON, PRESIDENT of the UNITED STATES of AMERICA
To all who shall see these presents, greeting:

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.

In witness whereof, I have subscribed my name to these presents, and affixed the seal of the United States of America thereto, and caus­ed the some to be counter-signed by Archibald Engle, Deputy Collector at Philadelphia, the 22d day of November, in the year of our Lord [Page 10] Christ, one thousand seven hundred and ninety four.
Go: WASHINGTON.
By the President. EDM. RANDOLPH.
Countersigned, ARCHD. ENGLE, D. Coll.

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.

[Page 11] In witness and for cause whereof, we affix hereto the seal of me Notary at Philadelphia, this 22d day of November, Anno Domini, 1794.
Quod Attestor ROBERT HENRY DUNKIN, Notary Public.

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.

Dated in Philadelphia 24th Nov. 1794. S B No. 242 a 249 Hhds.
SAMUEL WILLIAMS.
[Page 12]

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
[Page 22]

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
[Page 23]

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.

Nantz, 16th June, 1795.
P. F. DOBREE, (L. S.)

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.

P. F. DOBREE.
Nantz, the 16th June 1795.
[Page 35]

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.

P. F. DOBREE.

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 sixteen I. 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.—

Dated in Nantz, June 14th 1795.
Contents unknown. SAMUEL WILLIAMS.

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 hundred One 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.

Contents Unknown. SAMUEL WILLIAMS.
NANTZ, June 12th 1795.
Honored Sir,

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

Honoured Sir, Your grateful and Most obedient servant, JOHN K. HELMUTH.

FLOUR, 23 dollars per barrel. RICE, 11 dollars per cwt. Other articles do not sell for specie.

[Page 40]

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.

C. 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.

C. MORIN.

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.

P. F. DOBREE.

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.

PRALE.

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.

P. F. DOBREE.

On motion of Mr. Advocate General for the usual monition to be issued—Ordered accord­ingly—returnable on Saturday, the 5th day of September next.

At his Majesty's Court aforesaid, held on Fri­day the 21st day of August, 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court,

Officers attending—
  • 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.

J. G. PALMER, Proc. for Pet.
August 21, 1795.

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.

At his Majesty's Court aforesaid, held on Thursday, the 3d day of September 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court.

Officers attending—
  • 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:

[Page 56]
BERMUDA.
By the Honorable John Green, Esq Judge of his Majesty's Court of Vice-Admiralty, in these Is­lands. ( L. S.)
To John Fisher, Esq Marshal of said Court.

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.
Bermuda Court of Vice-Admiralty.

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.  
Certified this 3d Sept. 1795. JOHN FISHER, Mar. C. V. A.

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:)

SAMUEL WILLIAMS, master of the ship, TWO FRIENDS, ads. JOSIAH BASDEN, of the pri­vate armed sloop Favorite.
Bermuda court of Vice-Admiralty.

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.

SAMUEL WILLIAMS. (L. S.)
Sealed & delivered in the presence of us George Connell, Henry Bates.

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)

Bermuda Court of Vice-Admiralty.

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.

BEN. DICKINSON HARVEY, Proctor for the Claimant.

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.

SAMUEL WILLIAMS.
Sworn to this 3d day of Sept. 1795, before me JOHN GREEN.
At his Majesty's Court of Vice Admiralty aforesaid, held on Tuesday the 8th day of Sept. 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court,

Officers attending—
  • 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.

SAMUEL WILLIAMS.
Taken and acknowledged this 21st day of August 1795. JOHN GREEN.
[Page 68]
PORT of PHILADELPHIA.
(L. S.)

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.

J. SWANWICK. (L. S.) Sworn as above before me. Quod manu ac sagillo notariali attestor.

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.
SAMUEL WILLIAMS.
Philadelphia, 22d Nov. 1794.
Sworn before me, ARCH. ENGLE, D. Collector.
[Page 70]

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.

SAMUEL WILLIAMS.
PHILADELPHIA, Nov. 24th, 1794.
SIR,

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.

I am truly your obedient servant, J. SWANWICK. Capt. Samuel Williams.

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.

JOHN HARPER.
Taken and acknowledged this 22nd day of Aug. 1795.
JOHN GREEN.

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.

ANDREW FOGELSTROM.
Taken and acknowledged this 7th Sept. 1795.
JOHN GREEN.
[Page 82]

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.

CLAUDE THOUIN.
Taken and acknow­ledged, this 4th, Sept. 1795.
JOHN GREEN.

The said cause, by consent of the parties, was then set down for hearing on Friday the 11th instant.

At his Majesty's Court aforesaid, held on Friday, the 11th day of September 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court.

Officers attending—
  • 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.

At his Majesty's court aforesaid, held on Wed­nesday the 16th day of November, 1795.

Before the Hon. JOHN GREEN, Esq judge of said Court.

Officers attending—
  • 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.)

Court of vice-admi­ralty, Bermuda.

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.

JOHN GREEN, Judge.
Promulged in the court of vice admiralty, this 16th day of September, 1795.
JNO. LEWIS, Register.
At his Majesty's Court aforesaid, held on the day of 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court.

Officers attending—
  • 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.

At his Majesty's Court aforesaid, held on Thurs­day the 24th day of September, 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court.

Officers attending—
  • 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:)

Bermuda, court of Vice-admiralty.

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.

BENJ. DICK. HARVEY, Proctor, and of counsel for the respondant.
Filed in the court of vice-admiralty, this 24th day of September, 1795.
JNO. LEWIS, Register.

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.)

[Page 91]

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.

J. G. PALMER, Proctor for appellant.
Filed in the court of vice-admiralty, this 24th day of September, 1795.
JNO. LEWIS, Register.

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.

[Page 92]
At his Majesty's court aforesaid, held on Tues­day the 29th day of September, 1795.

Before the Hon. JOHN GREEN, Esq judge of said court.

Officers attending—
  • 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.)

BERMUDA,
BY the honourable John Green, Esq judge of his majesty's court of vice-admiralty in these islands.
To the hon. Samuel Trott, Esq William Foot, Esq and Mr. Richard Prudden, merchants.
L.S. JOHN GREEN.

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.
[Page 93]

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.

Given under our hands and seals at St. George's, the twenty ninth day of Sept. 1795.
  • SAMUEL TROTT, (L. S.)
  • WILLIAM FOOT, (L. S.)
  • RICHARD PRUDDEN, (L. S.)

Sworn to this 29th day of September, 1795,

before me, JOHN GREEN.

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.

At his Majesty's Court aforesaid, held on Tues­day the 29th day of September, 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court.

Officers attending—
  • 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.)

BERMUDA.
BY the honourable John Green, Esquire, Judge of his Majes­ty's court of Vice Admiralty, in these Islands.
To the honourable Samuel Trott, Esquire, Mr. William Foot, and Mr. Richard Prud­den, Merchants.
John Green. L.S.

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.

Given under our hands and seals, at Saint George's, the 7th October 1795.
  • 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.
[Page 96]

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 7 s4 £ 216 13 1      
192 Dollars 6 s8 64          
30 1-4 Dollars   2 10        
1 1—16th do.       5      
3 Joes, a 53 s4 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 me JOHN GREEN.
[Page 97]
At his Majesty's court aforesaid, held on Thurs­day the 8th day of 0ctober, 1795.

Before the Hon. JOHN GREEN, Esq judge of said Court.

Officers attending—
  • 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.

At his Majesty's Court aforesaid, held on Thurs­day the 15th day of October 1795.

Before the Hon. JOHN GREEN, Esq Judge of said court.

Officers attending—
  • 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.

At his Majesty's Court aforesaid, held on Wed­nesday, the 21st day of October 1795.

Before the Hon. JOHN GREEN, Esq Judge of said Court.

Officers attending—
  • 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.

[Page 99]
BERMUDA, alias SOMERS' ISLAND.

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.

J. LEWIS, Registrar.
BERMUDA, alias SOMERS' ISLAND.

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.

[Page 100]
BERMUDA, alias SOMERS' ISLAND.

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.

By his excellency's command, HENRY TUCKER, Secretary.
[Page 107]

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.

Signed, MORIN.

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.

Nantes, the 23d of Fructidor, the third year of the republic.
Signed, LORMIER.

DOCUMENTS RESPECTING SHIP TWO FRIENDS AND CARGO.

To all to whom these Presents shall come—

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.

P. BOND, Consul-General

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,

J. SWANWICK.

And that nine hundred dollars in money on board said ship, are also the pro­perty of this deponent.

J. SWANWICK.
Sworn as above before me, Quod attestor. CLEMENT BIDDLE, Notary Public.
[Page 130]

(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
Totals.
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]

TOTALS.
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 34 sp. 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 34 sp. 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]

97 Whole, and one half Tierce of RICE, as follow:
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
TOTALS.
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

CHARGES.
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
Philadelphia, Nov. 24, 1794.
J. SWANLICK,
[Page 137]

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.

Dated in Phila­delphia, Nov. 24, 1794.
SAML. WILLIAMS.
[Page]
Philadelphia, November 24, 1794.
JOHN K. HELMUTH.
DEAR SIR,

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,

Your obedient servant, J. SWANWICK.

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.

Nantz, June 12th, 1795.
HONOR'D SIR,

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

Honoured Sir, Your grateful and true servant, JOHN K. HELMUTH.
June 18th, 1795.

I shall send copies of the invoices and papers to recover insurance, by the next conveyance, J. K. H.

[Page 144]

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.

Dated in Nantz, June 14th, 1795.
Contents unknown. SAMUEL WILLIAMS.

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.

Da­ted in Nantz, June 14th, 1795.
Contents unknown, SAMUEL WILLIAMS:
[Page 146]

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.

P.F. DOBREE.

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