|
I
NT DECISION.
We I, . for publication the fol-
low i- : oftht Snpfeme eotirt de-
livered jjy ehief justice Tilghman, on
Satin .iv the r;-:J! inst. which settles ihc
law .in ]¦'. . :,., on two viery impor-
tant points, relative to the right of .aban-
donment in cases-of ensiira.'ice. '
-STEMS*) Dut«,H ~) In the Supreme Court
X -tjf the state cfP-ennsyl-
j •vavia, f?h>!ltia,
SxuVEt Gatuff J January 17, 1807. ,
.-. ic'u for. the opinion of the court.
O" the 24th September. 1799 the de-
fendant", Samuel Gadiff, underwrote seven
hundred and fifty dollars up n a policy of
ensurance on the schooner Li'tle Will be-
longing to John Dutilh and Thomas Ldli-
bridge, f-r whom the plaintiff was agent,
» i a voyage at and from Philadelphia to
Hrvana, (Front policy.)
On the 26th of September, 1799, the
Little Will sailed on her voyage from Phi-
ladelphia for Havana; and on the eighth
day of October following she was captured
by three British privateers and carried into
the port of Nassau, New.Providence, where
she arrived on the thirteenth oi same month.
Upon her arrival in Nassau the said schoo-
ner was libelled in the admiralty court, and
0' the ninth'day of November following
w regularly acquitted ; and in the whole
t-sho remained thirty seven days at Nassau,
3u mg thirty five of which she was in cus-
ti .. of the captors ; but the fact of her ac-
quittal was not known to the plaintiff until
after the abandonment hereafter mentioned :
although it was known to John-Dutilh, one
of the owners and supercargo, who was
with her at Nassau.
On the thirteenth day of November, the
plaintiffwrote the letter of abandonment en-
closing the papers therein referred to, (prout
letter) which was received by the defendant
the same d,ay.
On the 2Cth November the said schoo-
ner sailed, fiom Nassau for Havana, where
she arrived on the 21st of the same month,
and sold, her cargo, except three boxes
plundered at New-Providence. Afterwards
the said schooner sailed from Havana for
Philadelphia, where she arrived on the 26th
or 27th of February in the year 1800, with
a cargo of sugars, on which freight became
due and «as received by Stephen Dutilh
for the benefit of those who where entitled
to it, each party refusing to accept her, she
was sold for wharfage, and the whole pro-
ceeds cf sale applied to the payment there-
¦ of.
The sshooner Little Will was American
property as warranted.
The qvestion for the court is, whether
the plaintiff is entitled to recover as for a
tot id loss.
If the court shall be of opinion that the
loss was total then it shall be referred in the
usual form to three persons to be appointed
by the court to asceitain what is due after
the legal and just deductions.
If the court shall be of opinion it was
not a total loss, it shall in like manner be
referred to three referrets or any two of
them to be appointed by the court to ascer-
tain the partial loss to which the defendant
is liable.
J. INGERSOLL,
for the Plaintiff.
W. LEWIS,
for the Defendants
July 3d, 1806.
Opinion of the court delivered by W. Tilgh-
man, C. jf.
On the case thus stated tho.qnestion sub-
mitted to the court is, whether the plaintiff
is entitled to recover for a total loss ?
In resolving this question I shall divide
it into two points.
1. Did there ever exist a total loss ?
vs. Supposing that there once existed a
total loss, has any circumstance occurred
•which excludes the plaintiff from recovering
for more than a partial loss ?
I.- The ease before us includes one of
tlie risks expressly mentioned in the poli-
cy, a taking at sea. But it has been object-
ed that this taking was not by an er.emy,
and that when a belligerent takes a neutral,
it is to be presumed that the taking is only
for the purpose of searching for the pro-
perty of his enemy) or goods contraband of
¦war, and that in the end, justice will be
done to the ncutraj. Toa certain extent there
is weight in this distinction ; but it must
•rot be carried too far. At the time when
the capture in question was made, the U.
States acknowledged the right of the Bri-
ti.'.h to detain their vessels for the purpose
of a reas< nable search. The bare taking
of the vessel-, therefore, could by no means
constitute a loss ; and if under suspicious
circumstances, she should be carried into
port to afford an opportunity f..r a complete
investigation, perhaps even that ought not
c.f itself to be considered as a total loss.
On this, however, I give no opinion. But
when the captor, having carried the ves-
sel into port, and completed the ex-
•wirnaficn of the cargo and papers, in-
stead of discharging her, proceeds to libel
iicr as prize, 1 think the loss is complete.
The property is no longer subject to the
Command of (he owner, and it is unrea-
sonable that he should wait the event of
judicial proceedings, which may continue
for x^ars. The "case of
an embargo 1
1-^ o
ess strong—because there the confiscation
ot the property is not intended, and a tem-
porary interruption of the voyage is all
th.it in general is to be apprehended. Yet
the assured is not obliged to v.ait the re-
sult, but may abandon immediately on re-
ceipt of intelligence of (he embargo. Not
many judicial decisions have been produc-
ed oii the point'in question. Where prin-
have been no decisions to the contrary.
It appears, however, that in the state of
New-York, the precise point has been de-
termined. In the case of Mum ford vs.
Church, decided in the supreme court of
N. York, July term, 1799, the assured re-
covered far a total loss where there
was a captor, carrying, into port, and
libelling by a British captor, although
after the abandonment the property was res-
tored. It is necessary that some general
rule should be established ; some line drawn,
by vvhich the assured may know at what
time he has a right to abandon. In most
cases the voya,.;a is extremely injured by
proceedings in the court of admiralty, and
the event is d .ubtful. For it cannot be de-
nied, that of late years such extraordinary
occurrences have taken place in war and
politics as have very much affected the prin-
ciples and practice of foreign courts of ad-
miralty. Whatever maybe said of the law
of nature and nations and the immutable
principles of justice, we see very plainly
that the courts obey the will of the sove-
reign power of their country ; and this will
fluctuates with the circumstances of the
times. I am therefore of opinion, that
both by the words and spirit of a policy of
ensurance, the assured may abandon when
he receives intelligence of the libelling of
his vessel.
2. This brings rne to the consideration of
the second point. Has any circumstance
occurred " which limits the plaintiff to a re-
covery for only a partial loss :"
It is contended, that such an event has
occurred : that the vessel was acquitted by
decree of the court of admiralty ; that after
acquittal she proceeded on her voyage, and
that one of the owners was on the spot and
knew of the acquittal. I do not think there
is much weight in the circumstance of one
of the owners being on the spot ; because
the general agent of all the owners was in
Philadelphia. This general agent effected
the insurance, & conducted all the business
with the underwriters, and the owner who
was in New-Providence, gave him intelli-
gence of what occurred from time to time,
and by no means intended, from any thing
that appears, to restrain him from making
an abandonment. It is true that the vessel
proceeded on her voyage after she was res-
tored : but it is not stated, nor can the court
presume, that any of the owners acted in a
manner inconsistent with the abandonment
made by their agent. It was proper, at all
events, to pursue the voyage for the benefit
of whoever might be interested in it. This
is the usual practice, and a practice" autho-
rized by the policy, and very much for the
advantage of the underwriters.
The only difficulty in the case before the
¦court arises from this cirenmstanee; that be-
fore the action was brought, the vessel was
restored, and even at the time of the aban-
donment, there was a decree of acquittal, al-
though restitution does not appear to have
been actually made till some days after. The
counsel for the defendant have relied much
on the opinion of lord Mansfield in the case
of Hamilton v. Mendez, to estab'ish this
principle, that a policy of insurance, being
in its nature a contract, of indemnity, the
plaintiff can -recover no more than the a-
mount of his actual loss at the commence-
ment of the action. There is no doubt of
the soundness of the principle : I mean that
a policy is a contract of indemnity. The
only question is, at -what period the rights
bf.the parties are to be tested by this princi-
ple ; whether at the time of abandonment
or of the commencement of the action. I
have considered attentively the case of Ha-
milton -v. Mendez. It must be obvious to
every one that the decision in that case was
perfectly right. It was simply this ; that a
man shall not be permitted to abandon, and
recover for a total loss, when he knew at
the time of his offer to abandon, that his pro-
perty which had been lost, was restored,
and the voyage very little injured. But in
reading the opinion of lord Mansfield we
find a want of accuracy with which that
great man was seldom chargeable. Some
times it appears as if he thought the period
for fixing the rights of the insurers and in-
sured was the commencement of the suit;
sometimes the tune of abandonment ; and
sometimes he even seems to extend his ideas
so Jar as the time of the verdict. But final-
ly, he explicitly declares, that he decides
nothing but the point; before him. He seems
to have felr a little sore at the improper ap-
plication of some general expressions used
by him in the case cri" Goss vs. Withers.
Anxious to cut off all pretence for doing the
same in Hamilton vs. Mendez, he has taken
too much pains to avoid the possibility of
misrepresentation. Henee his argument con-
sidered in the whole is not altogether clear
and consistent. Upon the whole of this
case of Hamilton vs. Mendez, I think it
most safe to confine its authority to the
point actually decided, which was very dif-
ferent from that we are now considering.
Some period must be fixed for determining
the right of the parties. Tv limit it to the
time 0/ cnnKn ncing the action would be of
little service to the ensure rs ; for the Jaw be-
ing once so established, un action would be
brought in e\my instance on the first default
of payment. The time of abandonment
seems the most natural and convenient peri-
od ; because the assured must make his
election to abandon or not, in a reasonable
and short time after he hear* of the loss,
and the property, being transferred by the
abandonment, can never after be reclaimed
by the assured. Want of mutuality is want
of justice. There is no reason why the as-
sured should be bound, but the assurer left
free to take advantage of events subsequent
to the abandodmeiit.
It has been contended by the plaintiff's
counsel, that the right to abandon would
not have been affected, even if the property
had been restored at the time of abandon-
ment, because the restitution was unknown
to the plaintiff. As to this, I give no opini-
on. It is unnecessary; because it is stated
that the vessel remained in the custody of
the captors, at; tbg time of the abandon-
ment. The defei dart's counsel have urged
that this was the fault of the captain, or of
one of the owners who was then at New-
Providence ; because after a decree of ac-
quittal, a -writ of restitution might have
been sued-out. But it not being stated that
there was any fault or negligence in die
captain or owner, I do npt think; that the
vessel remained in the custody of the cap.
tors, we must presume that the custody was
legal—Whether for the purpose of giving
ptors an opportunity of entering .an
appeal, or fof what purpose it was the resti-
tution was delayed, we are at a loss to deter-
mine. But, as restitution was not actually
made, and as the . plaintiff was ignorant,
even of the decree of acquittal, his right to
abandon remained unimpaired.
Upon the whole, I am of opinion that the
plaintiff is entitled to recover for a total
toss.
From the (N. Y.) Evenkig Pest.
Mr. Editor,
I observed in your paper of Saturday
evening, an account of a telegraph lately in-
vented by Mr. Edward Pierce, of Charleston,
which is much commended for itssiinplicity.
It appears to me, however, that his machine
is more complicated than is necessary ; and
that a plan for the construction of a tele-
graph which has suggested itself to me on
reading the communication from Mr. Pierce,
will be more simple and useful than his in-
vention.
My telegraph should consist of five boards
painted black, set on\a line with their faces
towards the quarter to which I would com-
municate intelligence. Two of them should
be a little separated from the others. The
first of these boards, that is, the one on the
left hand as I looked towards them, should
have two holes or spaces cut out about the
size of a common pain of glass. And each of
the other boardsshould have nine like spaces.
The spaces should have little doors that might
be quickly opened and shut by simple ma-
chinery. The last board to the right hand
should be a board of units, the next of tens.
The next board should again be a board of
units, the next of tens, and the next of hun-
dreds. And the number of spaces open in
each board, should express respectively so
many units, tens and hundreds. So if one
space in each board was open, the Tele-
graph would express the two numbers or
Sum* 111 and 11 ; if all th&spaees were o-
pen, 299 and 97 would ft expressed. I
should never want to useTiigher numbers
than these. And I would ntake these num-
bers and the inferior ones subservient to ev-
ery purpose in this way.
I would have a dictionary page and each
word in every page numbered. The person
with whom I would communicate should have
a dictionary page and numbered so as to cor-
respond exactly with mine. So that when
the Telegraph expressed certain numbers,
they would refer to the same word in both
dictionaries.
. The first three boards would designate the
page, the two last the number of the word.
I have now before me a small pocket diction-
ary, which I find contains 222 pages, and 81}
words to a page. Now suppose I wished to
communicate the word " abandonment,"
which I find to be the 9th word in the first
page of the dictionary, my Telegraph would
stand thus: the last or right hand board would
have all the spaces open, and thus would be
expressed the first page and ninth word.
The advantages that my Telegraph would
have over that proposed by Mr. Pierce, is
that the signals or signs, could be observed
at a much greater distance than his letters
and figures and balls could be. I have seen
a common Venetian window blind, which
happened to be so placed as that there was
nothing to interrupt the light on either
side 5 and it is inconceivable at what a dis-
tance you could tell whether the blind was
turned so as to abstruct the light, or left as
open as possible.—Again, such a Telegraph
as I propose might be worked with much
more facility and expedition than one on the
other construction. If made to move ac-
cording to a plan I have had in my mind,
whether one or nine, or more or less spaces
were to be opened in each board, it could be
done with a single motion. And my tele-
graph would have this decided advantage,
that with the addition of lamps behind the
open spaces, it would answer better by
night than by dayr.
But there is no saying how simple a con-
trivano* may be the means of communicat-
ing intelligence with the assistance of num-
bers and dictionaries. Since I have com-
menced writing this communication another
plan has occurred to me which I think
would be still more simple and useful. With
only two poles, such as our signal poles on
Staten-Island; and one small cross piece to
each, to be moved with the hand without
any rope or pully or other machinery, I
think intelligence might be communicated
nearly as fast as it could be printed.
If I find that this subject excites any curi-
osity, and if I should not on reflection dis-
cover objections to the last plan I have men-
tioned, which are now unforeseen, it shall
be communicated for your paper, by your
humble servant, NEDLOE.
BOULOGNE, October 14.
An English division, of 31 sail, drew
near Boulogne, the 9th of this month, to
repeat Its incendiary attempts.
During the night, the division threw
about a hundred incendiary rockets into the
port and town, a n§w invented means,
which has not proved more successful than
jill those which the enemy had tried against
the flotilla.
These rockets are made of an iron cy-
linder, about four inches diameter (two feet
and a half long) terminating by a very sharp
cone, 8 inches long.
The hollow is filled with combustible mat-
ter, the flame of which issues through the
upper orifice and through holes in the body
of the cylinder and the cone at the bot-
tom.
The interior extremity of the cone ap-
pears intended to fix the machine upon the
object it strikes.
Be it as it may, the greater number of
these rockets proved ineffectual. Two fell
upon ships, and were extinguished without
difficulty, and without the ships receiving
the slightest damage.
A house which served as a store for fag-
gots, was set on fire, because, nobody be-
ing in it, assistance could not be had time
enongh to stop the effect of a rocket which
had fallen among the faggots.
The next day a great many of th.ese
machines, vvhich had not been made use of,
were found, upon the strand, at low water.
/
able* Hint the Boat IacTen with them,
was sunk by the fire cf the batteries.
In the night of the I.oth, the enemy re-
commenced a fresh bombardment, which
had >no other effect than to wound, by a
splinter a young man of 14 years of
age.
Every measure had been previously ta-
ken to remedy any accident that might hap-
pen.
The batteries kept up a fire upon the
enemy, which soon obliged them to sheer
off.
It was the same case at Calais, in the
night of the 13th. Several bombs were
thrown against the town, without causing
the least damage, and the batteries in less
than two hours forced the enemy to ouit the
coast.
Thus the incendiary rockets have miscar-
ried this year, in the same manner as did
last year the bombs, globes with three ori-
fices, submerged fire-ships, trigger machines,
and all the other infernal contrivances
which England has addopted the use of.
But what has been singular upon this last
occasion, is that the enemy should have chos-
en for a new trial to burn the ports of Bou-
logne and Calais, the very moment when
lord Lauderdale was to be in one or other
of them.
In fact, he arrived the nth at Boulogne,
a few hours before the end of the last bom-
bardment. Every measure was taken to
spare him the pain of perceiving the exas-
peration of an indignant people. That mi-
nister, having desired to rest himself in the
town, slept at the hou'se of the commandant
of the flotilla, and the 12th, in the morning
was conveyed on board of an English fri-
gate-
England will doubtless learn from lord
Lauderdale how much the behavior he ex-
perienced at Boulogne, contrasts with the
animosity of which this town had again
just experienced the effects, ever incindia-
ary, but ever impotent. [Moniteur]
BY'. THIS BAY's MAILS.
FIFTEENTH BULLETIN.
Wittemberg, 23d October, 1806.
The following is the information we have
been able to collect on the causes of this
strange war. General Schmettau (died a
prisoner at Weimar) drew up a memorial,
written with much energy, in which he
proved, that the Prussian army in its inac-
tive situation ought jo look upon itself as
dishonored ; that it was nevertheless in a si-
tuation to beat the French, and that'war
ought to be declared. The generals Huchcl
(dead) and Blucher (who only saved him-
self by a subterfuge in abusing the good
faith of the French) subscribed this memo-
rial; which was drawn up in the form of a
petition to the king. Prince Louis of Prus-
sia (killed) supported it with all kind of
sarcasms ; the rage took possession of all
heads ; the duke of Brunswick (severely
wounded) a man known to be without a will
of his own, and without character, was en-
rolled in the war faction ; in a word, the
memorial thus supported, was presented to
the king. The queen took upon herself to
dispose the mind of tins prince, and to let
him'know what was thought of him ; she
told him that it was said he w.is not bra.-e,
and that he did not make war because-hewas
afraid to put himself at the head of his ar-
my. The king, wlio is as really brave as
any Prussian prince, has suffered himself to
be drawn Into the vortex without ceasing to
preserve the 1 pinion that lie was commit-
ting a great fault. We must now point out
the men wdio did not partake of the illusions
of the partisans of war ; these are the res-
pectable field-marshal Moilendorf, and gene-
ral Kalkreuth.
We are assured, that after the handsome
charge made by the 9th and 10th regiments
of hussars at Saalfeld, the king said, "you
pretend that the French cavalry is of no va-
lue ; s*e, nevertheless, what the light caval-
ry lias done, andjudgewh.it the cuirassiers
will do. These troops have acquired their
superiority by fifteen years of combats ; it-
will require as long a time to equal them ;
but who of us is so equal an enemy to Prus-
sia as to desire this terrible proof ?"
The emperor, already master of all the
communications and magazines of the ene-
my, wrote on the 12th of this month, the
letter here joined, which he sent to the
king of Prussia, by the officer of ordonance,
Montesquieu- This officer arrived the 13th
at 4 o'clock in the afternoon, at the head
quarters of Hohenlohe, who retained him
with him, and took the letter of which he
was the bearer. The camp of the king of
Prussia was two leagues in rear. This
prince ought then to have received the let-
ter of the emperor at the latest at 6 o'clock;
we are assured, nevertheless, that he did not
receive it until nine o'clock in the morning
of the 14th, that is to say, after the fighting-
was begun. It is reported also, that the
king of Prussia said then, " If this letter
had arrived sooner, perhaps there would have
been no occasion for a battle ; but these
young people have their heads so high, that
if their had been a question yesterday of
peace, I should not have been, able to take
back one third of my army to Berlin." The
king of Prussia had two horses killed under
him, and received a wound from a musket
in the arm.
All the mistakes of of this warare due to
the duke of Brunswick ; he misconceived
and badly directed the movements of the
army ; he believed that the emperor was at
Paris, when he found him 111 his flanks ;
he thought he possessed a knowledge of all
the movements, and he was already turned.
On the evening before the battle, consterna-
tion had taken place amongst the chiefs.
They discovered thai they were badly post-
ed, and their play was to be for the whole
of the monarchy. They all said, '' ah ! well,
we shall pay for it with our persons 5"
which is commonly the sentiment of men
who retain little hope. The queen remain-
ed constantly at head-quarters at Weymar ;
it became necessary to tell her at last, that
circumstances became serious,
the next day great ;
for the Prussian monarchy ;—she
that the king should tell her tc depart ; she
was shortly after prepared f r setting out.
Lord Morpeth scat by tlie court of L v
don to merchandize for Prussian blood, h
sion truly unworthy of a man like him, ar-
rived on the nth at Weymar, charged L>
make seducing offers and to propose consi-
derable subsidies The horizon was already
sufficient obscured ; the cabinet would
see'this envoy, but made known that per-
haps there was little safety for his person,
and advised him to return to Hamburg,
and there wait events. What would the •
dutches* of Devonshire have said it she h id
seen her relative charged with the busind.'*
of blowing up the flame of war, with baa-
ing come to offer empoisoned gold and be
obliged to return disconsolate on his steps
and in great haste ? We cannot but be in-
dignant at seeing England compromit the
fate of estimable agents and play so odious
a part.
We have no accounts yet of the conclusi-
on of a treaty between Prussia and Russia,
and it is certain that not a single Russian
to this day has appeared on the Prussian
territory ; however, the army is very ailxi
ous to see them—-they will find an Auster
litz in Prussia.
Prince Louis Ferdinand, of Prussia, an'
the other generals who have fallen under
the first blows of the French, are at t
day pointed out as the principal movers <
this incredible frenKy. The king, wl
runs all risques, and supports all the mi
fortiines which have resulted, is of all lhef» I
men who have been drawn intoit, he who I
was most a stranger to it.
There is at Leipzic such a quantity of
English merchandize, that they have already
offered sixty millions to redeem it.
We will ask what will England gain by-
all this ? She might have recovered Hano-
ver, kept the Cape of Good Hope, preserv-
ed Malta, made an honorable peace, and
restored tranquility to the world. But she
chose to excite Prussia against France, and
wished to circumscribe the emperor anjd
France.
Ah well ! she has led Prussia to ruiu ; I
procured greater glory for the emperor, 40
France greater power, and the time ap-
proaches when they will declare England1 .
in a state of continental blockade. Is it
then with blood diat the English have hoped
to aliment their commerce and re-animate
their industry ? Great misfortunes may fall
upon England, and Europe will attribute
them to the loss of that honest minister who
wished to govern by great and liberal ideas,
and whom the English people will weep
over one day with tears of blood.
The French columns march already on
Potsdam and Berlin, deputies from Potsdam
have arrived to ask for a safe guard.
The imperial quarters are this day at
Wittemberg.
NEW-YORK, Jan. 21.
The paragraphs which have appeared in
tliis Gagette relative to a duel were founded
on common report. We are now convinc-
ed, from a more correct source, that what
we have gazetted on this subject, was erro-
neous, v ,
Arrived, the brig Rockland) Kitchen, 13
days from Charleston. January 36
the brig Louisa, from Charleston, for jRhc '
Island. Same day, the brig George, Low,
of Boston, 60 days from Surriiiam, havitg
en board a Virginia pilot, blown off tj !«
Capes, sails in bad condition-captain K.
gave a supply of beef, candles, &c.
The brig Olive Branch., Lumsden, 22
days from St. Pierres, (Mart.) Left stand-
ing off and on, the brig Julia-Ann, 16 day*
from New-York ; brig------, Allen, just ar-
rived from New-London, and others before
reported. January 13, Int. 86, long 74,
spoke a ship 73 days from Bordeaux for Phi-
ladelphia.
The brig Merchant, Carson, from Bona-
vista, and 29 days from Barbados. Lt ft at
Bonavista, ship Magnet, of New-York ;
schr. Ann-Gardner, Murray, of Hudson,
with salt from Bonavista, and others. J n,
10, lat. 34, long. 74, spoke brig Mary, 4-
days from Philadelphia) for New-Oil- ms.
The schr. Traveller, Reading, '"2 days
from St. Pierres, (Mart.) Left brig Clothier,
Coffin, for New-York, wailing for freight ;
brig Virginia, discharging. December 27,
off Dominique was bearded by a British fri-
gate and strictly examined—another frigi:e
in company.
The schr. Mariner, Gale, 49 days front
1 urracoa.
Cleared, ship Susan, Howard, jnn. Charles-
ton ; General Clarksoit, Conkliu, Amster-
dam ; Louisiana, Pelor, Savannah ; brig
Aurora, Miller, Havanna ; Bedford, Dun-
bar, Liverpool : Sea-Island, lUirnhnm, Sa-
vannah ; schr. Lovely Lass, Rogers, Ja-
maica ; Active, Bass, Liverpool.
We are informed, that by an accident .
which took place during the representation
of Mr. Martin's Phantasmagoria, the Mu-
seum at Boston was burnt down on Friday
evening, and several lives were lost. We
do not learn that any of the contiguous bud-
dings were injured.
The brig Venus, Hildreth, from Charles-
ton, was driven ashore by the ice on Mon-
day night upon Long-Island, opposite Cor-
ker's Hook. Part of her cargo is discharg-
ed.
Monday afternoon the brig Eliza, lying
at the end of Jones's wharf, coflee-house
slip, had a hole cut in her side by the float-
ing ice, which the severe cold has filled
our rivers with, and sunk.
CHARLESTON, Jan. 9.
Arrived, brig Mount Vernon, Williams,
Cadiz 40, days ; brig Flora, Shaw, Nas-
sau 10 ; schr. Regulator, Crowell, Bos-
ton 15.
Cleared, ship Susan, Stevens, Liverpool;
brig BtUona, Laf!6n, Havana ; schr.
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