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Gazette of the United States and daily evening advertiser. [volume] (Philadelphia [Pa.]) 1794-1795, July 23, 1794, Image 2

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An ACT laying Duties on property fold
at Auflion.
Sec. 1. 13 E it enaSed by the Senate
JL) < r »d House of Reprefenta
til-: of the United States of America in
Congress ajfembled, That from and aft";r
the thirtieth of September riextj
there shall be levied, colledt?d artd paid,
for the life of the United States, upon
fell sales by .Way of aifctiori,' as bctciti af
ter deferibed, which (hall be nia<le With
in the United Stares r the
and duties folkrwing, to wit: 3The
of rtne fourth part of a dollar for/eteit
hundred dolfars of the p(lrchale tfiqnwf ~
arifiug by.sale -?t nnftion, of. finy inter
fcit right or eftata in 3ny lands, tene
ments or hereditaments, arid ps any u
tensils in h.'.(bandy, and farming stock,
ships and rreffe!?. and . the furit of one
halt of a dollars for every hundred dol
lars of the purchnfe money, itrifuig by
fa:e at au6tion, of all otlier goods, chat
tels, rights and credits whatsoever, and
at the fame rate for any greater or lefTer
sum, except as herein after excepted :
The said respective rates and duties to
bepaid oy the auctioneer or person mak
ing luch sales at audition; out of the mo
nies arising from each and every fach
sale. Provided always j That nothing
in this ait contained fhali extend to any
fale,or sales by auction, of eflates, goods
or cfteCts, made purfuifnt to, or iifexe
cution of any rije, order, decree, |cn
tence or judgment of any court of the
United States cr of either of them ; or
made in virtue, or by force of anv dis
tress for rent, or other cause, for which
a diltrels is allowed by law ; or made in
confcquence of any bankruptcy, or in
fo] vency, pmTuant to any law ioncern
-1 ing bankruptcies Or infolvcncies; or
fnnde in confeqnencc of any general as
signment of property and effects, for
the benefit of creditors; or made by or
on behalf of executors or adtoiniftratois;
or made of the produce of the land upon
the land where such produce was railed ;
or made of any farming utensils; stock or
houfebokl furniture, by persons remov
ing from the place of their former resi
dence, where the amount of each sale
of such farming utealils, llock orhoufe
hold furniture shall not exceed two hun
dred dollars ; or made pursuant to the
directions of any law of the United
States, or of either of them touching
the collection of any tax or duty ; or
diipofal- by auction of public property
of the United States or of any Itate ;
nor to any sale or sales by auCtion, of
ships, their tackle apparel and furnittne,
or the Cargoes thereof, which shall be
wrecked or (trmided within the United !
States, and fold for the benefit of the
insurers or proprietors thereof.
Secj 2. And he it further enafled,
That no person, after the said thirtieth
day of September next, shall exercise
the trade or business of an aCtioncer, by
the felling of iny estates, goods or i;f
feCts whatsoever by anCtion, or anv o
*her mode of sale, whereby'the belt or
highest bidder is deemed to be the pur
chaser, utrtefs' such person shall have a
license or otlier special authority, conti
nuing in force pursuant to some law of
a state, or ifTued pursuant to the direc
tions of this aCt, on pain of forfeiting
for every such sale at auCtion, the sum
of four hundred dollars, together with
the fur. 13 or duties payable by this aCt
upon the estates, gsods or effeCts so
fold : Provided ho wever, That nothing
herein contained, shall be construed to
require a license for the sale at auCtion
of any estate, goods, chattels, or other
thing, which by this aCt are exempted
from duty.
SeCt. 3. And le it further entitled,
That every person, who before the said
thirtieth day of September next, (hall
have a license of special authority, pur
suant to any law of any state, for exer
ifing the said trade or business of an
auctioneer, (hall, before or upon the
f.tid day, and'every person, who, after
the said day, shall have such special li.
eenfe or authority, (hall, within thirty
days after the obtaining or receiving
of the fame, give notice thereof in wri
ting, under his hand, to the office of
inspeCtion ncareft to the place, where '
he (hall carry on or intend to carry on '
the said trade or business of an auCtion- 1
ecr, fpecifying in such notice, the date '
or commencement of such license, or '
other special authority, the term for '
which the fame was granted or given, j
by whom, and by what law of a state, J J
the fame was granted or given ; and
shall also give bond tothe'United States, I 1
in a sum of one thousand five hundred I 1
dollars, to be taken by the officer, at j !
whose office the notice aforefaid shall be 1
given, -with condition that he will, on J
thefnft day of January, April, July and
OCtober in each year, while he shall f'
continue to exercise the said trade or,
= business, render to tfic person or per-
Tons, who, on behalf at the United
States, shall be authorized, io receive
the fame, a true ind particular account
in writing, of th£ monitri or lums, for
lj which any estates, goods or effects have
been fold, at every sale at auction by'
fe him made, and of the several articles,
t lots and parcels, which (hall have been
■ m fold, the price of each article, lot or i
parte! in every luch sale, by whomj
y bougw, that is to fay; firft from the:
j date of fueht bo,id, until such of the j
| aforefaid days, as (ball accrue next there-/)
£ after, and thenceforth from th_- day to'
j which an account shall Jiavc been last ;
rendered, until such of the Jaid days, j
as shall next thereafter ensue, and foonj
in fiicceffion, tr«.>hr» one of the fai<] day»|
Id another, lo long as he (hdl conti- {
r J1 to exercise his said trade or business,
e and also (hall pay ail such sums of mo-
as (hall be due to the United States,
( upon the said sales, according to the
triie intent and meaning of this aCt,
j which sumS he is hereby authorized and
t directed to retain, out of the proclir.c
t of each sale made as aforefaid. And a
c j like notice and bond (hall be given' in
j; . like manner, as often a? any such license,
or special authorities 'hall have expired
Q and been renewed. And if any person
(hall, after the. said thirtieth day of
} Septembernext,by virtue oroolorof any
such license, or special authority, as
aforefaid make any sale or sales atauCti-
on, without having given bond, as a
jg j forefaid, within the time for that pur
t pose pfefcribed, or without renew
~ ing such bond upon the expiration
~ and renewal of any such license, or
)r special authority, he (hall forfeit and
j- p'ay, for every such sale by him jriade,
j l the sum of four hundred dollars, toge
■ ther with the films or duties payable by
i thisaCt, upon the estates, goods or ef
ir Sec. 4. And be it further enaSed,
f- That the several fupemfors of the re
>r venue ma;», within their respeCtive dif
>r j tridis, and upon requelt of any person
{or perfon3 defiroiis thereof, (hall grant
n j licenses, without fee or reward, for a
; • term not exceeding one year, at one
>r time, to exercifc the' trade or bufnre'fs
it- ;of an auctioneer ; and such licenses,
i- i upon like recjueft, fnay and shall, from
le • time to time renew : Provided, That
no such license (ball be granted cr re
-- newed, until the person or persons re
ie qfueftrng the fame, &alt have 1 become
d , bound to the Unitfcd States,with onc'oV
g more sureties to the fatisfaCtion of the
ir supervisor, of vtfhom such license (hall
y be requested, in the sum of one thcir
; sand five hundred dollars, with likecun
>f. dirian as is herein before prescribed for
•, ; persons having licenses by. virtue'of fk-irie
e ■ law of a (Tate : And provided further,
J s That no fucfi license shall be granted to
e carry on the said trade or Business, in
any city, town or county of any state,
in respeCt to which, provision hath been
si made by any law of such state, for the
e allowing and regulating of the said trade
y and bulincfs therein.
Sec. 3. And bi it further enahed,
- That every person, wlio shall have a li
l" cenle from the supervisor of the reve
nue, continuing in force, shall and may
J retain, in order to the payment of the,
- duties hereby imposed, all such sum
' and sums of money, as (hall be due and
• payable upon any eltates, goods or es
s seCts by him fold at auction, as afore
-1 said, according to the true intent and
1 meaning of this aCt.
( Sec. 6. And be it further encßed,
r That the accounts to be rendeied, :wd j
| the duties to be, from time to time,
paid as aforefaid, by any auctioneer,
, (hall be rendered and paid to the in-
fpeCtor of the revenue, within whole
survey such auctioneer shall exercise his
trade or business, or to his deputy duly
J appointed under his hand and seal, and
I such auctioneer (hall make oath or af
firmation, according to the bed of his
knowledge and belief, to the truth of
every account, which he shall render
before the officer or person to whom
. such account shall be rendered, and
who is hereby authorized to adminilter
the said oath or affirmation, in default
of which such account (hall not be
deemed to be truly rendered, according 1
• to the condition of the bond of such 1
auctioneer. And to the end that such f
accounts may be accurately kept and [
rendered, it is hereby made the duty t
of very auctioneer, to enter from day 1 1
to day, as often as any sale shall be t
made, in a book, or on a paper to be -
j kept by him for that purpose, the a- v
j mount and particulars' of the respeCtive '
j sales by hirti made } which book or pa- '
| per shall, at all reasonable times, upon f,
j requclt made, be fubmittcd for exami- a
j nation to rhe officer of infpedtion, with
| in whose survey or division such auifti
| oneer (hall be, on pain of forfeiting,
j for every refufal to comply with such o
■ requdt, the sum of five hundred dol- tl
la rs. C
Sec. j. And be U further enaclt'l, Test
1 if it (hall appear to the fatisfaftion of
the fupcr»ifor, within whose diftrift he
shall be, that an auctioneer hath acted
agreeably to the condition of the bond
which he (hall have given, and to the
directions of this aft, during the time
to which his said bond relate, the fame
I ha-vug expired ; then, and in every
' i such cafe, the said fnpervifor (hall cause
! furh bond to be delivered up; but in
■ I cafe no inch account shall be delivered,
: j as herein before mentioned, or if it
ihall appear, that any such account
' 1 was not truly made, or that the party
i hath acted in any other refpeft, con
, ! trary tj the true intent and meaning of
s his bond and of this aft, it (hall be the
i | duty of such supervisor of the revenue,
■ > to cause fo¥h bond to be prosecuted ac
cording to law, and in cafe of a ver
dict .or judgment against the defendant,
he (hall afterwards, upon every sale by
him of anv estate*, goods or effects at
auction, be liable to all the penalties,
which may be incurred by this aft, for
acting as an auctioneer without Kcenfe.
Sec. 8- And be it further enacted,
That if any sale at auction of any la nds,
tenements or hereditaments, shall be, or
become void, by reason of defect of ti
tle, the fupcrvitor of the revenue, with
in whose, diftrift such sale (hall be, is
hereby authorized and required, upon
due and fufficient proof of such sale
being or becoming void, for the reason
aforefaid, to cause to be lemitted the
duty or duties thereupon otherwise pay
able, according to this aft.
Sec. 9. And be it further enaSed,
That every auctioneer, which he (hall
retain and pay, as aforefaid, fliall be al
lowed a commission of one per centum,
upon the amount thereof, for his trou
ble in and about the fame.
See. 10. A>id be it further enatHed,
That it shall ne lawful for the President
of the United-States, and he is hereby
empowered to make such allowances for
compensations to the officers of inspec
tion employed in the collection of the
duties aforefaid, and for incidental ex
penses, as he shall reafonable,'not
exceeding in the whole, two and an
half per centum of the total amount of
the said duties collected.
Sec. 11. And be it further enabled,
That if any per Con shall wilfully fvvear
qr affirm falfelr, touching any matter
herein before required to be verified by
oath or affirmation, he shall fuffer the
pains and penalties, which by law are
prescribed for wilful and corrupt perju
ry ; and, if an officer, shall forfeit his
office, and be incapable of afterwards'
holding any office Under the United
Sec. 12. And be it further enaßed,
That all fines, penalties and forfeitures,
which shall be incurred by force of this
'aft, shall and may be sued for and reco
vered, in the name of the United States,
or of the fnpervifor of the revenue,
within whose diftrift any such fine, pe
nalty or forfeiture shall have been incur
red,- by bill, plaint, or information ; one
moiety thereof to the use of the United
States', and the other moiety thereof to
the use of the person, who, if an officer
of infpeftion, shall firlt discover, if other
than an officer of infpeftion, shall firft
• inform of the cause, matter, or thing,
whereby any such fine, penalty or for
feiture shall have' been incurred. Aad
where the cause of action or complaint
fliall arise or accrue more than fifty
miles ddtant from the nearest place by
law established for the holding of a dif
trift-eourt, within the diftrift in which
tke fame shall arise or accrue, such suit
and recovery may be had, before any
court of the ftate.holden within the said
diftrift, having jurifdiftion in like ca
Sec. 13. And be it further enailed,
That this aft fliall continue and be in
force, for the term of two years, and
from thence, to the end of the next
session of Congress, and no longei.
Approved—-June tfi-c'ninth 1794.
On the 6th ihft. arrived at Newport, the
Britifli brig Industry, prize to the French .
ship Liberty, Capt. Laurenty, Joseph Bai
tard, lieatenant of the ship, p-riztmaftcr
of the brig. She was from St. Vincents !
bound to Londorf. Her cargo confilts of
182 hogsheads of sugar, &c. Capt. Lauren
[ty left Baltimore the 19th May, and has
taken fix prizes, 5 Englifli nnd one Spanish
On the 28th ult. a number of prisoners j
who were kept oiTboard the prize, attemp
ted to take her, but were much disappoin
ted. Among the prisoners ware two Ame
ricans whp had been pressed into the British
iervice, and'who joined the others in the
NEW-YORK, July 21.
On Monday, the 14th instant, at r 1
o'clock, at the City-Hall in this- city,
thefuite lately instituted in the Diftrift
Court for this diftrift in behalf of die
United States, against the fchconer
Prince and Liberty, and her pargo,
owned by Messrs. Bernadus Swartwout
and Son ; was brought to trial. The
libel charged, that the schooner being
enrolled and licensed for carrying on the
coasting trade, had proceeded on a fo
reign voyage, (from this city to New-
Providence, one of the Bahama islands)
without firft giving up her enrollment!
and license to the collector. The own
eis in their answer to the liber denied,
that the schooner had proc eded 01; a
| foreign voyage, and rnlifted, that she fail
ed on the 29th day of March last,
from this-city on a voyage to Charlelton,
in the flare of South-Carolina ; b.it was
currijX'lleii by stress of weather to put
into New-ProTidencc. Upon the trial,
a number of wi'.' -lies were ffiammfd on
the part of the owners, who proved'
nioft fatisfaftorily,that the schooner ob
tained a clearance, from this city to
Charleston; that the owners inftrufted
the Captain, to proceed directly to that
■ port ; that the schooner after clearing
the land fleered a course for feveval days
as direst for Charleston as the winds and
i other circumstances would permit ; but
that afterwards (he met with very tern
. pelluous weather, which latled with lit
tle or no intermission for ten days, and
finally forced her, for the preservation
of the lives of the crew to bear away for
New-Providence, where she arrived on
the 15th day of April. Afterth* evi
dence was closed, the cause was strenu
ously argued by counsel on both fides,
but the counsel on the part of the Unit
ed States explicitly admitted that the
conduct of Messrs. Bernardus Swartwdut
and Son, was perfectly irreproachable ;
as the evidence did not furnifh the least
ground for supposing, that they had not
really intended the voyage to Charles
ton, or that they were in any degree
privy to the voyage to New-Providence.
The counsel having concluded their ar
guments, the judge of the diftrift, in-'
timated his persuasion of the absolute
necessity which compelled the schooner
to go to New-Providence; but took
time to adviie upon the conttruftion of
the statute on which the suit was foun
On Saturday the 19th instant, the
, Judge proceeded to pronounce his de
cree in the cafe J after stating the point
in controveriy, in a perspicuoUs manner,
and judiciously remarking as-well upon
the facts as the conftruttion of the'fta
tute, the Judge decked it as his opini
on, that the evidence left 110 room to
doubt, that the schooner went to New-
Providence, through inevitable necessity,
and that under all the circumstances of
the cafe ; she had not proceeded on a
foreign voyage •, wherefore he ordered
and decreed that the libel he difmi&d,
and that the schooner and her cargo be
reliored to the owners, but without
With tegard to costs, the Judge ob
served that there was fufficient reason to
juftify the Collector and Attorney for
the diftrift, in seizing and libelling the
schooner, and her cargo, arid that they
had done nothing more than what the
law required of attentive and faithful of
This trial cannot fail to give pleasure
to our readers, whilst on the one hand it
willrefcue the characters of Messrs Ber
nardus Swartwout and Son, and the
Captain of the fehoonei Prince and Li-
I berty, from the stigma of having violat
! Ed not only the aft of Congress for re
gulating the # cpafting trade, but also the
laie embargo ; it will on the other con
vince the unprejudiced, that our public
officers are vigilant anil impartial in the
discharge of their duties.
The decree above mentioned is in the
following words :
At a special diftrift court of the Unit
ed States, held for the dillrift of
New-York, at the city of New-York,
011 Saturday the 19th day of July,
1794, at x.l o'clock, A. M.
Prefcnt Fhe Hon. John Lawrance,
Esq. Judge of the diftrift.
The United States,
The schooner Prince and Liberty, Ber
nardus Swartwout and Bernardus
Swartwout, jun. Claimants.
HIS Honor the Judge having taken
time to advise in this cause until this day
doth now order,'fententence, adjudge
and decree, that the libel filed in this
cause, be dismissed without costs, and
that the schooner Prince and Liberty, 1
and her cargo mentioned in the said libel,
he discharged from ar.reft, and be res
tored to the claimants Bernardus Swart
wont and Bernardus Swartwout, jun.
A true extract from the minutes.
R. TROUP, Clerk.
JULY 23.
Mr. Fenho,
MANY of your readers, among who»
I mult beg to be Included, wilh very mii ,
to have a particular detail of the cauvov
that lateiy failed from the Delaware. Hou
many Americans there were among them
and how many, either French or Ameri
cans are returned to port; and what are
t he probable con&quences of the rencoun
er. I hope I fhali beexcufed for request
ng a repetition, if it mult be a repetition
•'of what has been already printed ; for wc
have been amul'ed with upwards of forty
or fifty different accounts of the Duke of
York's defeat. What partes in Flanders,
certainly does not concern us so nwrly, as
what pafies upon our coast, particularly
when many of our owa citizens are con
I am. Sir,
Your moll
Obedient Servant,
A Correspondent,
The judgment of the military commif
nori, established at Point a Petre, in
the islands of Guadeloupe, for the
Windward Islands which condemns to
death, the persons named Grand-
Fond, Camhon, and Letftercier.
In the name of the French Republic, to
all who shall fee these presents, Greeting.
The military commission established ft
Point a Petre, for the Windward Iflan «
by an arret of the commissioners del -
gated by the National Assembly, have
given the following judgment
Having cauftd to appear bifore us,
on the 2 1 ft. and 22d day of the month
prairial N. Grand Fond, aged about
25 years born at in
the illand of Guadeloupe, Cambon,
aged 22 years, born atPuy L'eveque,
in the department of Lot - r and Louis-
Charles-Alexandre Lenwrcier Riehmoi.fc
formerly a noble and native of St. Fran- '
cois, in the iflandof Guadaloupe.
It appears from their interrogatories,-
declarations and acknowledgments, that
on the day when the troops of the Re
public carried the fort of Fleur d'Epeey
they were there with the Englifti in or
der to defend it, and that they were
taken there, with arms in their
The commifficm condemns to' the pain
of death- the fatd Grandlond, Cambon,
and Lemerciet Richmont, conformable
to the fourth article of the firft fedion
of the firft chapter of the second part of
the Penal Code, of the 10th September,
1791, which has been read to them,
and is as follows, " Eevry aft, and all in
telligence with the enemies of France,
tending either to facilitate their entry
t into the dependencies of the Frehch
i Empire, or to deliverup. to them towns,
fortrefTes, poits, veffe]s, magazines, or
arftnals belonging to France or ta r.fiill
them with foldi*-i'9, money provisions or
amunition, or to favor iu any manner
whatloever the progress of their arms,
upoij the French Territories, or agair.lt
our forces by sea or land, or to corrupt
the fidelity of officeis, foldicrs or other
citizens towards the French nation dial?
be punilhed with death."
Declares their property ccwfifcatect
for the benefit of the Republic' con
formably to the eleventh article of
the second chapter of the law of the
10th of Mai eh kill, which ha» also been
read to them, and is as follows-: " The
property of those who (hall belong to
the Republic,' and the fubfiftance of the
widows and children shall be provided
for, if they have no property ellwhcre.
Orders that the present judgment shall
be immediately executed in -the place of
liberty of this community, and that it
(hall be printed, read, published and
fixed up in every part of the colony.
Done at Point a Petre, and public
ly pronounced, where the commiflioo
hold its fitting, when'were present.
ROUYER, Preiident.
In the name of the French Republic,
we order the commandants of the arirt
ed force, to alfrft in the execution of
this present judgment.
(Signed) ROUYER, Preiident.
Examined and compared Fraud, Secre
ta'ry of the Coromiiflon. (
To all tlu Inhabitants of ike Iflaud of
OU have heard the Proclamation
of the Coiamifiior.ers of the Convent!
011. They invite you tto Join thcr •
they prcKfife yott proteflion and btß'-
ficenee ; we fl)all only reply to it by
making tin' following observations :
They offer you piotedlion and bene
licence at the veiy moment when they
are burning and pillaging your habita
tions ; and delivering you into the hand*
of those, whom yon know to be yot"

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