The New Hampshire Gazette Newspaper, February 2, 1759, Page 1

r . A, FRIDAY, FeBruARYy 2, 1759. THE Containirig the Frefbeft Advices From the GenTrEman’s Macazing, for Sept. laft. A fhort View of the Dijpute between England and Holland, concerning the Right claimed by the Dutch, in Virtue of their Neutrality, to carry on the Trade of France, and jfupply their Settlements in America awith every Thing that is not contraband in the moff limited Senfe of the Word. The Defence of our Condul? is in Subflance as folloavs. HE French, till the beginning of this war, carsied on their trade in their own bottoms ; and, to prevent its be- ing carried on in foreign bottoms, they exated from fuch bottoms, a- ong which were the Dutch, 50 fous for every ton the veflel was rated at, upon their loading or un- oading in O/d France, or patting on fhore any paf- enger ; and no Datch veflel was ever allowed to 2nter the French ports in 4merica, nor even to ap- proach them, except driven in by ftrefs of weather. When the Frénch found that they could not carry on their trade in their own bottoms any longer, being prevented by our men of war and privateers, then they employed the Durch, and not only ex- empted their veflels from the payment of the 5o fous per ton, but opened to them all their ports in America. It is infifted, that we have a right to prevent this by ordering all French property, found on board neu- tral fhips, to be feized and confilcated, without de- taining the (hips longer than is neceflary for taking out the goods, after paying them for the freight they vere intitled to receive. 1/1. Becaufe if we cannot prevent this pralice, it will be impoffible to compel the French to do us juftice ; and before the end of the war, it will ruin our trade, as they will carry on theirs under the freight aod infursnce ufual in time of peace, and we fhall be loaded with the freight and infurance ufual in time of war ; and :n this cafe the end jufti- fies the means ; for Grotius allows, Qua ad finem ju- vis configuendi umt neceffavia, niceffitate [umpta non fecundum phyficam fubtilitatem, fed moraliter, ad ea Jus babere intr/lifimur. 2dly. By thelaw of nature we have a right to prevent any neatral power from doing what may enable an enemy to porfue the war with more vi- . gour, or continue it longer againtt us. The law of nature has been reftrained by the law of nations, in favour of commerce, {o as to permit neutral nations to trade with an enemy as they did in * time of Peace. . But, 3dly, No neutral nation is, under pretence of this trade, to carry contraband goods to the ene- my ; and it has been infilted by cvery nation, that had power to do what the laws both of nature and nations gave them a right to, that no neutral nation is to protett or cover the trade of the enemy, by tran{porting his goods in their fhips. The law of nations has, in particular inftances, been reftrained by exprefs treaties ; and there is a treaty now {ubfiiting between England and Holland, concluded in 1668, by the 1oth article of which it is ftipulated, *“T'hat whatever is found on board $¢ Dutch thips, tho' it belongs to the enemies of the “ king of Great Britain, fhall be free and unmoleft- ¢ ed, unlefs there be prohibited goods.” Bat, 4thly. This article relates only to the common « courfe of trade, as it is carried on in a time of peace ; * for it ¢annot, without the moft glaring abfurdity, be fuppofed, that we meant to give the Duteh a gene- ral and perpetual licence to carry on the whole trade of every enemy we fhould be engaged with in their bottoms ; and Grotizs has laid it down as a rule, that no man can be fuppofed to have confented to an abfurdity. ; 5¢bly. Suppofing this article to bear the fenfe infilted on by the Dutch, we are not now bound to keep it or any other treaty, becaufe they have brok- en a fecret article of the treaty of 1675, by which they engaged not to furnith our enemies with fhips, viQuals, fhen, money, or any neceffaries of war. 6thly. Allowing that the treaty in favour of the Dutch is till in force in their fenfe, and that they have done nothing to vacate the obligation ; yet, the irrecoverable prejudice we fhould fufter by keeping t, juftifies the breach of ° ; for Grotius allows, That uch an emergency is {ufficient to reftrain the words of a treaty, becaule all emeqficncicl cannot be pro- \ . New=Hampfhire fe-e vided for by human forefight 5 and it cught always to be fuppofed, that an intollerable and ruinous emergency was meant by the parties to have been excepted. A\ et e ity St St. JOHN’s, in AnTrGUA, Now. 15. This marning an Englith flag of truce returned from the French iflands with aboat 130 prifoners, and fome are left behind at Guadaloupe. The pri- foners fay the French were much alarmed by an account they had, that Adaral KNOWLES was coming with a ftrong fquadron to attack Martinico. Their apprehenfions, on this occafion, were pro- bably enkanced, by a remembrance of that gentle- man’s condu&t when he commanded on this ftation, Now. 18. We have advice, by way of St. Eufta- tia, that the French fquadron which was lately at- tacked by his Majefty’s fhip Buckingham, Captain ‘Tyrrell, have beer met with attempting to get into the Granades ; which, it was thought, they would nat be able to effet. The Floriflant was in tow of the two frigates, with 7 foot water in her hold, and all her guns and ftores taken out. This gives us fome hopes that by a vigorous and altive purfuit, thefe thips may till be found out, and either taken or deftsoyed.— Every additional cir- camfitance we hear relative to the Buckingham’s en- gagement, adds, if poflible, more and more to the honour acquired by Capt. Tyrrell and thofe brave men who fought under him. Pofterity will hardly believe that theBuckingham, of 65 guns, when greatiy fhort of her complement of men, attacked and defeated the Floriffant of 74 guns, and upwards of 700 men, aflitted by one fhip of 38 guns, and another of 28, both fully manned : At ieaft, it will be faid, pity it was that fo much gal- lantry fhould not have been properly fupported ; and not in any degree have fallen a facrifice to fo great a difpreportion of ftrength. Laft Wednefday evening, the privateer fhip Bri- tannia, Capt. M‘Pherfon, bro't in a {chconer, which he took on her paffage from St. Euftatia to Guada- loupe. &pt. M¢Pherfon lately took a French privateer, off of Barbuda,and fent her to St. Chriftophers. Two days betore Capt. M‘Pherfon came in, he fell in with a brigantine, and two other large French-privateers, off Barbuda ; two of which he decoyed pretty near, but being impatient to lay hold of his enemies, he tacked, and began to chace a, little too foon, and prefently after a fudden guft of wind carried away two of his topmafts, which gave the enemy an op- portunity of getting off, after receiving a good many thot. The privateers Lyon and Juno, belonging to this place, have taken a fchooner, richly laden, from St. Domingo to St. Euftatia, and carried her into An- uilla. k The Mercury privateer, Capt, Wallin, has bro’t in a fchooner, taken on her pafiage from St. Euftatia to Guadaloupe. Now. 2z. Laft Saturday evening hisMajefty’s floop Spy, Capt. Bayne, arrived here in fix weeks from Plymouth, with difpatches for Commodore Moore. Yefterday the Britannia private fhip of war, Capt. M¢<Pherfon, bro’t in a fchooner, taken on her paflage from St. Euftatia to Guadaloupe, with dry goods, and 16 Negroes aboard. Now. 25. On Thurfday afternoon his Majefty’s thip Buckingham came to an anchar in St. John’s road. About g o'cleck Capt. Tyrrefl came athore in his barge, attended by Capt. Troy, and feveral other gentlemen ; as he pafled up the harbour, he was faluted by every veflel that bad guns, and by guns placed o fexral of the wharffs for that purpofe. A great concourfe of people atitended the place he landed, and in huzza’s proclaimed their approbation of his condué in the late engagement between the Buckingham’ and three French men of war. The ftreets he went thro’ were lined with people ; and never could men teflify a greater fenfe of gratitude and thankfulnefs for an aflion which will ever be re- membred as an honour to the Britith nation. Now. 2g. His Majefty’s fhip Briftol has taken a {chooner, bound from Cape Francois to St, Euftatia, and the privateerLampoo has taken a fine brigantine bound on the fame vayage. December 2. The thip Britannia, Capt. Rofs, ar- rived here lalt Wednefday afternoon, in fix wecks Foreign and Dome/fic/i. from London, in company with the fnow Ranger, Capt. Tatem, bound to St. Chriftophers.—By thefe veflels we have a certain account of the atrival of the fleet which failed from thefe iflands lait July, under convoy of theT'rident and Centaur men of war. The fhip Rebecca, and fnow Elizabeth, from this ifland, were mifling, but it was hoped might fill be fafe. The fhip Friendfhip, Capt. Cockran, from this place, is loft on the coaft of Ireland. Commodore Pye is appointed Rear Admiral of the Blue. ; Several gentlemen,in a veffel from St.ChrifR@phers, report, ‘That jult as they failed from Baffeterre on Wednefday lait, his Majefty’s fhip Woolwich, Capt. Parker, arrived there with a French frigate of 28 guns.—This veflel was clofe along fide the frigate, but for particular reafons did not fpeak to her,or en- quire into any particulars. The privateer Fly,Capt. Lefly,has taken a French letter’ of marque {chooner, laden with wine, copper, &c. and carried her into Montferrat. December 6. Saturday latt Capt. Jefeph Thomp< fon arrived here from St. Chriftephers, to which place he was bro’t by a French flag of truce from Guadaloupe, with 11 other mafters of veflels ; two of which were from the coaft of Guiney. Captain Thompfon was taken in the Neptune,a fine new Bri- gantine, belonging to Alexandria, with 4000 bufhela of corn and other things aboard. He feil in with 5 privateers altogether.—— It is remarkable that Capt. Rofs, Capt. Thompfon, and every veflel which has come hither lately in the ufual tra&t from Eng- land or North-America, has fallen in with a num- ber of French privateers. _The frigate mentioned in our laft to be carried inte St. Chriftophers by his Majefty’s thip Woolwich, was bound from Old France to St. Domingo, and is laden with flour, naval ftores, &c. Dec. 9. Since our laft three prizes have been bro’t in, one taken by each of the privateers Antigallican, Mercury and Lampoo. A Lift of the principal Prizes taken from the French in Earope in the Month of September. Cigale privateer, from Breft,of 16 guns,& 5o men, A privateer of 8 guns, and 38 men. Ditto of 10 guns, and 88 men. Invincible privateer of 16 guns, and 100 men, A privateer of z4 guns, and 240 men. A privateer of 24 guans, and 300 men, A privateer of 16 guns. L’Hiver, a privateer of 6 guns. : A privateer of 18 guns, and 200 men. A frigate funk in the Mediterranean. Five tranfports, with 1000 foldiers, near’ Cape] Breton. Efcorboucle, of 16 guns, and 110 Men. A frigate of 36 guns, ; December 13. On Sunday laft his Majelty’s floop Antigua, Wefton Valo, Efg; commander, bro’t in a French privateer of 12 guns, and 130 odd men, taken to windward of the ifland, after half an hour’s engagement, in which the privateer had five men killed, and nine wounded, bat the Antigua fuffered nothing. : Charles-Town, in South Carolina. Now. 27. On the 22d arrived the Snow Montgo- mery, John Wilfon Mater, belonging to Irvin, who {ailed from Air for this Place the 3d of September ; and on the zgth of O&ober, in Lat. 31 Deg. 50 Min. N. Lat. and 65 Deg. W. from London, was taken by a French Privateer, of 14 Guns, belonging to Port au-Prince, and was kept 48 Hours, when they agreed to ranfom her for 156 L. Sterling ; the ‘Mate going as Ranfomer. Notwithftanding which the French plundered her of all her Sails, Rigging, Provifions, &c. : Another of the Veffels taken by Capt. Man is ar- rived, but the .3d loft her Mafts, Sails, &c. in the Gulph, and the Crew, put on Board Capt. Man, were brought in here by Capt. Luke frem Halifax. The Ships arrived are the Pearl, of St. Maloes, a Letter of Marque, John Oliver Gaignard de Ma- delaino, Commander, Burden 360 Tons, 16 Guns, and 4t Men, from Quebec to Cape Francois - Has alittle Fith, Ol and Lamber. This Veflel laft Sum- mer took the Sally of and from London to fSt'. Chriftophers, John Wilfon Commander, and ranfo- ing.~=The other is named med her for 12001, ferling L Original,