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Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0087 Enlarge and print image (5M) |
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Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0087 Enlarge and print image (5M) |
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vv«
FORTIFICATlOL
New-York, July J23d, 1807.. '
Mt. lewis.
Sir,
•The. letter I did myself the honor to
address to you on the subject of fortificati-
ons', having excited mine degree of solicitude
jn my fel!ov^ttJ£t>tiSj I think it incumbent
on me to present you with soine cacnlations,
tending to prove the correctness of my po-
sition, 'and also that the fortifications at the
Narrows, are not only the m^st (tligible, but
-will be attended with infinitely less expence
than those at present in contemplation-* and
which I find arrangements are making to
erect on our wharfs islands, and points.
I must, however, previously assert, that
after the batteries are erected on the scites
pointed out by the Secretary of War, they
will be totally incompetent to the protection
of the city ; of course, is will he a fruitless
expenditure of public money, inviting des-
truction, and not affording the least shelter
or protection. Whoever turns his attention
to the doctrine of projectiles, and notices
the -difference between the range of shot
fired from forts horizontally, and the ability
'of mortars, fixed at an elevation of forty five
"decrees, must be convinced that bombketches,
under the protection of frigates, can station
themselves out of the fire of your batteries,
rnd destroy the town by shells pitched into
the centre of our <-ity, or continue the bom-
bardment until their demands are complied
¦with, however msplent and exorbitant.
The labor and expence of erecting the bat-
teries within the harbor will be;immense ;for
all the earth and stone necessary to fill up the
piers, must be carted or otherwise transport-
ed from a considerable distance, and conse-
quently, it -will take a long time to complete
them, more perhaps than in this critical
period ought to be hazarded, for the honor
of our country and the safety of our city.
The position at the Narrows is quite the
reverse. There you will have nothing; to
transport except timber and plank for your
redoubts and platforms ! for your horizontal
and plunging batteries require nothing more
than excavation, the earth throws down the
bill, your platforms laid, the natural glacis
of the hill preserved, and in a few days these
Latteries are in a state to defend the mouth
of the harbor and themselves, aided by the
gun-boats now in our doc kyards a.id :t for
action, under the command of officers inured
¦To toil and who have eminently distinguish-
ed themselves by deeds of haidihood and
valor.
Old ships, not sea-worfhey, can be pro-
cured at very little expence. Their docks
and timbers strengthened by supporters,
may in the first instanc, supply the place of
the cone, and regularly constructed floating
batteries—these ships require neither masts
nor sails ; they will be towed to their moor-
ings, and considered as fixtures in the line
of defence ; they will be fully manned,
guarded by boarding nettings, and an awn-
. iiifj to shelter the men from rains and the
meridian sun ; your cannon are at hand.,
your arsenals arc well supplied, and the
Narrows can be promptly put in a very res-
pectable state of defence ; the redoubts and
out works will he soon erected ; the pier
on the Lone island shore, under the rficec-
ti n of .citizens -ill versed in the erection
of piers, will soon skow itself on the edge
of the channel, ready to receive the artillery
designated for the defence of its eastern
side.
The chart of the channel gives the accu-
rate distance from the shoal on the Long-
wland shore to the opposite side of the
channel as six hundred and fifty-four yards :
of course the distance from the centre of
the cone, to the Horizontal batteries on the
right and left, will be but three hundred
and twenty-seven yards, and that between
the two intermediate floating batteries, the
cone or central ship, and the horizontal bat-
teries, only, one hundred sixty-three yards
and one half, within direct rifle shot.—
These small spaces, filled with gun-boats,
is surely a formidable line sufficient to deter
an invader from too near an approach.
The advantages accompanying this position,
crowd on the mind, the more we contem-
plate and study it. The ability of each bat-
tery, will be ascertained by the commanding
general, and buoys anchored off, for the
direction of the fire. Upon the enemy ap-
proaching buoy No. I. the corresponding
batteries fire, and the mortars discharge
their shells, and so on progressively until
they approach so near, that the encreased
weight of fire must in my opinion prove
absolutely destructive. These arrangements
being known to an invader, he will shud
tier at the sight of the range of buoys, confi-
dent that at Np.-I. he will be exposed to a
measured fire progressively encreasing, as
be approaches the main point of defence—
riot a very pleasing subject for contempla
tion. however bold and daring the invader
may be. '
lathe erection of a redout for five hun-
dred men, each side will be one hundred
and twenty five feet lonjr,' the parapet sup-
ported inside will he seven and a half feet
fiigh.andjen feet thick at top. the banquet,
three feethigh. For supportir.gthe parapets
within will require four thousand four hun-
dred and ef.hty feet of two inch plank :—¦
for.supporters within and without and for
braces, 5,600 feet of timber 4 by 6 inches.
The calculated price of timber and boards,
will give ths cost in dollars and cents.
The guns in the redoubts are mounted on
farri6on carriages, and the estimate of a
platform for one gun will be eleven pieces
of square timber, six -by six indies, four-
teen feet -lon.>, equal to 154 feet, and 168
feet of three inch plank. Pall'sadof s in
the. ditch 4 inches apart and the redoubt II
feet long, eight feet above ground—2184
palhsadocs—Braces all round at top and bot-
tom, three by four inches, 1450. Spikes
or tmnnels, 43G8.
The expences of the wharves may be rea-
dily ascertained in this city, where so many
whatfBl' are sujfik yearly, and filled with
rfc-meT and earth. The expence of a
floating battery may also be ascertained if
constructed on purpose, or built over an
old merchant ship. It may not be impro-
per here to observe,, that a.blockhouse well
built, with a double tier of loop-holes for a
garrison of ioo men, sheltered from the ene-
mies fire by the parapets of a battery, will
not be as expensive as a redoubt for 500
men, and will defend the guns as effectual-
ly with only one fifth part of the garrison.
The general estimate of the expense of a
block-house, 50- feet front, and 50 deep, ic
feet above the ground, crowned with a pa-
rapet four feet high, would be 1200 feet of
timber, six inches, by 12, 1600 feet, 4 by.
12, 2000 feet, 4 by 8, 2800 feet of 2 inch
plank for floors, 1350 feet of timber, 6 by
12 for the roof The partitioning, forthe ac-
commodationof 100 men, may be estimated
with the stairs, as for a house of the same
dimensions. Wo den trunnels are made
use of in the sides, but spikes and nailes
and other iron implements are requisite for
a block-house as for a dwelling house—it
may therefore be easily calculated how much
these items will amount to. I am rather
apprehensive I have trespassed too far on
your patience- but my zeal for the safety of
my native city, and the protection of
my fellow-citizens must plead my excuse.
The estimate of materials for the construe-
tion of batteries at the Narrows for tempo-
rary purposes cannot ammount to any great
sum, and will be found infinitely less than
those about to be erected. Under the pro-
tection of these works, regular and perma-
nent fortifications upon an extensive and li-
beral scale, should be progressing, of a so-
lidity and construction, capable of almost
resisting the ravages of time, and such as
would present a perpetual and impenetrable
barrier to the combined fleets of Europe.
Thus situated, the city of New-York be-
comes the safe depot of the wealth of the
nation, and its harbor the sure asylum of
our fleets, open to the free intercourse of
friends, sternly shut against the visits of an
enemy.
This progressive plan will no doubt
require a considerable expenditure of mo-
ney. But what is money When compar-
ed with the magnitude of the object in
view.
It is not the scarcity of money that de-
bilitates a state. It is the want of men,
and men of abilities to administer its affairs,
—" High minded men. who know their
rights and knowing, dare maintain."
W. S. SMITH.
MAR ATI ME LAW.
Translated from the French of Azuni, for
the Federal Gazette.
Of the Asylum 'which the Belligcnent* may
demand in Neufra: Parts and Seas.
[Sect. 1, Art. 6, Chapt. 4, Vol. 2.]
"The neutrality adopted by a power be-
comes, from the moment of its publication a
general and sacred law, for, all-those who
live- or dwell, or whatever terms, or for any
time it may be within the extent of the
territory subject to such power ; thus every
person although a subject of a nation at war,
who dwells either temporarily or as a refu-
gee, on the territory of a neutral state, is
bound to shew, by their actions, indifference
in the disputes of the belligerents, and to
observe a peaceable neutrality, whatever
may be their private feelings, which is sub
ject to divine power alone, under the pe-
nalties established by the laws of the terri-
tory for those who are its subjects, and un-
der that of being driven away for such as
are not."
Sect. 2. " There results from this princi-
ple just established, a theory which is con-
tested by nobody, that there is due full and
perfect safety an asylum, to every person
existing on neutral territory, as long as
they manifest a positive intention to observe
for the future the laws of neuerality, what-
ever may have been the motive which deter-
mined them to fix themselves in such terri-
tory ; the neutral power ought in this case
to grant an asylum, and every subject of a
belligerent power ought for the same reason,
to respect it.
Sect. 3. " In combining those theories
with what is practised in the neutral ports
in time of war, I will say that no nation,
however exact it may be to observe its neu-
trality, has extended its rigor so far as to re-
fuse access into its ports to vessels, in all
cases ; all have been generally received, but
it has been in two manners very different. .
Sect. 4. " It is customary in some ports
to grant to privateers and merchantmen, the
single and only relief of anchorage, and
the permission to procure indispensible ne-
cessaries, without granting them the liber-
ty to communicate in the interior; being
treated in the same way they would be, if
infected with contagious diseases; when the
sea is calmed, or wt»pn they have procured
the necessary provisions, they are forced to
depart with their prizes. It is common in
other states to receive them with more in-
dulgence, after the government has assured
itself of the legality of the commission,
and the quarantine laws have been complied
with—they are permitted to have commu-
nication with the shore, and with their
prizes, in observing some rules which I think
proper to point out, because they have been
practiced a long time in the most frequent-
ed ports of Europe.
Sect. 5. 1. " The privateers and all other
armed ships cught to live in the most per
feet peace, and observe the greatest order
with every body, ar.d especially with the
ships and the subjects of the power which
is their enemy, even when they are priva-*
teers or king's ships, .,,;......
.- - 2.-" They-are forbid td increase the num-
ber of their crew, by the people of anyna-
tion whatever, and even hy their fellow-cir.
tizens, if they are enrolled in the neutral
country.
,3. '.( They cannot increase neither the
number nor the calibre of their guns, nor
add to the quantity of their ammunition.
4. " They ought not to watch as centi
ne!s in the port, or seek for information of
the enemy's ships which are about to arrive ;
and, if they discover any, they cannot go
out to meet them and chace them ; and in
case they should do it, they should be com
pelled by farce of guns or armed ships to
enter into the port.
5. " They cannot makesail as soon as the
enemy's ship has weighed anchor, but they
ought to be detained at least twenty-four
hours ; this time expired, if the enemy's
vessel is still in sight of the port, they are
obliged to remain in port, until the ship
should be ought of sight and it is unknown
what direction she has taken.
6. " They cannot retrench themselves in
the interior of the bays and gulfs, or behind
the points of promontories aad little Islands
of the neutral territory.to keep themselves
on the watch and chace enemy's ships ;
they ought not to interrupt in any way the
free and safe access of vessels, of whatever
nation they may be, in the ports and on the
shores of neutral nations.
7. " They cannot in remaining in the
ports or the territorial sea of the neutral
power, attempt to recover by force or by
finesse, the prizes already made by their
enemies, nor to deliver their fellow-citizens
prisoners of war.
8. u They cannot proceed to any sale, nor
demand any tiling for the salvage of their
prizes, which they have made, before they
shall have been legally condemned.
Sect. 7. " To establish what is the right
of asylum and of protection which it is pro-
per toaffo-d the belligerent armed ships,
which enter the ports or approach the coast
of a neutral country, the different cases and
circumstances must be distinguished, be-
tween the merchant ships and the armed
sKips, the ports which are shut and the free
ports, and the view with which a ship ap-
proaches them. The merchant ships of
the belligerents which enter the ports forti-
fied or the territorial sea of the neutral pow-
er, for jiny cause.whatever, ought always to
enjoy a full and perfect asylum, whenever
they are not loaded with goods of which the
•commerce is'prohibjted ; but if the goods
with which they a re .'loaded are of the de-
scription called, contraband of war, they
they can no longer be.considered as merchant-
men, theyshouldbe considered of the class of
thipsof war, relativelylo which -e cannot re
solve the question until after having consi-
dered the motive -•'Iiicri brought them to
the neutral ports."
Sect. .8. ^ The motives which may have
determined an armed ship to enter a port or
approach the coast of the neutral power,
can be but of three kinds : The first and
the most frequent is for some want of the
vessel and of the crew, as for example, to
escape the violence of the vt inds and seas
in keeping near land, to heave down, to
procure apparel, take water, or buy provi-
sions, or land the sick ; the second is, to
unite with other vessels of the same nation
to formj a fleet ; and the third, to fly and
save itself from the superior force of an ene-
my which shall be in sight."
Sect. 9. " Each of those different causes
creates a variety in the cases and in the re-
sults ; and to use the information of Gallia-
ni, who I have aVeady quoted, I will say
that, in the case where an armed ship enters
a port for any necessity, it is an act of
friendship and hospitality to receive her ;
that there is neither partiality, nor a desire
to prolong the war, in supplying her wants;
and that in this ease they succor the man,
in his character of a man, and not in that
of a soldier ; that the existence of humanity
is protected, and not that of the warrior ;
that this ship ought to enjoy every territorial
protection, and that the enemy must not un-
dertake any hostile act, without being con-
sidered culpable of an infraction of that re-
spect which is due to the sovereign of the
place under whoseproteclion he has placed
himself—That in the second case, where, a
neutral port has been chosen to assemble
and form a squadron of armed ships, and
afterwards go to meet the ei\emy and attack
them, the power against which they are pre-
paring, must pay equal respect to their asy.
luMi, but that the neutral power which knows
the intentions of this fleet, and, being able,
does not hinder them, offends in the highest
manner one of the belligerents, in affording
to the other so much facility in their ports;
and that by reason of such conduct, the sove-
reign jof the port can no longer claim the
respect due to a power really neutral, but
on the contrary, to be treated as the ally of
the one and the enemy 0/the other, which
gives a right to the party offended to act of-
fensively. "With respect to the third case,
where a ship pursued by her enemy superior
in force, takes refuge in a neutral pott, it is
not exceeding the bounds of neutrality to
receive her ; one cannot refuse an asylum
to the wretched, whenever th ey present them-
selves ; and in conforming to the most strict
laws, the vessel ought to be disarmed, and
prevented from putting to sea during the
war, not to offend him out of whose hands
she has escaped by neutral protection ; be--
cause it is a fixed principle in the laws of
nations, that tjhe closed ports of the neutral
So not cease to be inviolable, as long as the
"government of the country shall not have-
rertdared'hse'lf cafpaabfe 6f having trodden un-
der, foot the duties of neutrality."
r-~~-^-~~- ...,."_; .,¦¦¦,,.....;„ '. ........
1U THIS DAY'S MAILS.
BOSTON7july 24.
Arrived, schr. Charles, Lincoln, Ro-
chelle, 49 days. Left,.: hip Diana, No-
ble, at the isle of'Rhe, for the north of
Europe;, brig Traveller, Irish, for New-
York, in 15; days. At Nantz, ship Sultan,
Crosby, for Philadelphia, just arrived. Spoke
ship Aj'ax on the western edge of the Grand
Bank, 6 days from Kennebeck.
At quarantine, scbrs. Doris, Hallet,
Martinico, 25 days ; Lively, Davis., do.
18.
Left at St. Pierres, July 5, brigs Albion,
D.erverion, for Boston, in 5 days ; Sally
and Betsy, Hearsey, for do. in 6 ; schr.
Agnes, Antone, for do. in 2 ; schr. Fish
Hawk, Veary, Salem, 7 ; brig Sussex,
Lee, New-Yoik, 5 ; Atalanta, New-Lon-
don, next day, ; schr. Fanny, for do. 4.
Sailed in co. With schr. Polly, for Marble-
head ; brig Tropic, Archer, Portland ; schr.
Jack Tarr, for Gloucester.
Entered, Sus„n and ftllBam, Luce. Balti-
more.;' Dolphin, Forbes, Camden ;• Resolu-
tion, Philadelphia.
Cleared, ships Pearl. Su.te.r, North-West
Coast of America ;"Laurel, Gage, Copen-
hagen ; b;is> Gar-horn, Chandler, St. Se-
bastians ; sclis. Fame, Babson, Cadiz and
a'market; Morning Star.,-Waman,Havanna;
Joseph and Louis, Clements, St. Andrews ;
Ten Sisters, Le Blanch,"Newfoundland.
FKOM FB NCR.
We were last night favored by a friend
with the Paris Argus of May 28, received
by the schr. Charles from Rochelle.' Ex-
tracts follow.
Vienna, May 13.
On the sist of March the Russians took
the castle of Tenedos by assault. April 3,
the head of treasurer of the Turkish navy was
exposed onthe gatesof the seraglio—he was
condemned for not .taking measures to de-
fend the Dardanelles. ' The treasurer of the
army was dismissed! The Turkish fleet is in
the :sea of Marmora.
It is still rumored a pacific congress is to
meet at Prague, composed of Talleyrand
and Laforet, for France ; Stohelberg for
Russia ; Rustroflfor Prussia ; and Stadiou,
for Austaia.
Dresden, May 13.
Reports of arrangements for negotiations
for a general peace continue. The French
shew constantly their wish to negociate.
PHILADELPHIA July 27.
Captain Connel, of the Hazard, from
La guira, informs, that the Juliet and Polly,
and Betsey, were both capture'4 off the by
a Spanish privateer, on suspicion of having
on board goods of British manufacture ;
but in consequence of the capture being
made within the jurisdiction of the po:t or
province of Carraccas, they were restored,
by order of the commandant. Though an
appeal by captors from his judgment to the
vice-admiralty court at Porto. Gavello had
taken place— the event was uncertain. A
most singular >¦ ar with our flag has been
carried on off, that port, by privateers of
their own nation.
Captain C. also, informs, that the block-
ade of the port was discontinued in conse-
quence of a spirited order from commodore
Murphy, commanding his majesty'sgHn-boats
for bidding their cruizers to molest neutrals
within sight of his flag. Tne privateers
have all abandoned the coast, and several
American vessels had arrived previous to
captain C's departure, without meeting any
interruption.
Markets at Laguira were, glutted with
every kind of merchandize. Flour at 10
dollars. By an estimate made at the time
of my sailing, there were in the port unsold,
700,000 dollars worth of American proper-
ty, and produce getting scarce.
Arrived ship Cormandel, Davy, Calcut-
ta ; brig Betsy, Bradford, Rochelle ; Sal-
ly, Ansbey, St. Croix; Casmer, Pitner,
Senegal ; Schr. Hazard, Ccnnell, Laguira ;
schr. Sally, Brady, Havanna ; Mary, Con-
ner, do.; sloop Mary, Stewart, St. Marys.
Arrived at the Lazaretto. "
Brig Ruth and Mary, Matlack, Havana
13, days j brig Cumberland, Jewitt, Hava-
na, 13 ; schr Azubeth and Emmy, -------,
Havana, 16.
Cleared, ship Abeona, Allen, Liver-
pool ; brig Louisa, Snell, Cayenne; schr.
Three ' Friands, Ray, Augustine 5 Adven-
ture, Alexander, Charleston ; Minerva,
, Williams, do. ; sloop Friendship, Binder,
do.
WASHINGt6n~CITY, July 27.
The following narrative is from Moses
Williams, an eld continental soldier who
farmsa plantation adjoining Lnyhaven Inlet.
The next morning after the late capture of
the boat and officers, a tender came near the
shore ; a lieut. of the British navy got in-
to her boat and came within about two hun-
dred and fifty yaids of the beach, shewing
a desire to speak with the party. Fie (Wil-
liams) undertook to go down, and hear what
he wanted. He demanded whether the boat,
officers and men were to be released
from their captivity—alledging that the
two nations were not at war, and asked
why our people fired on their boat. Wil-
liams asked him why they fired upon the
Cbe'sapeake, did he call that an act of war,
or by what name did he distinguigh it ?
He replied that we detained their men
and used force. Williams urged that they
had detained ten of ours for. every one we
had of theirs, if that had been the tact, and
yet we Uad not used force to take diem
away; The officers Said that our fljen had:'
¦¦; ilihst'eai, to Which Williams replied in that
particular we were at least equal, for none
of theirs were impressed or forced into onr_.
servi-e, and that he wished to know what,
business any of them could have n shore
When they had seen the president's procla-
mation ordering them out of our waters.
He assured them also, that there was now
no planter in the country that would now
enforce that proclamation by putting a ball
through any of them who set a foot on
shore—that as to their boat, then in his pos-
session, or their officers and men he could
only act as the commanding officer directed,
and' that they had best sent to gen. Matehws
at Norfolk.
All the prints on the continent, to their
honor be it spokea, excepting two or three
of Boston, have takeh--American ground ia
relation to the late ourrageous conduct of
Britain. These latter - prints have under-
taken to express doubts with regard to the
conduct of ur own government, and, in a
certain measure to palliate that of Britain..
If, say they, the men taken horn the Chesa-
peake, were 'Subjects, of Britain, if they de-
serted from the British, if they were demand-
ed by the British, ai:d'refused by us. then,
was the f rce used in taking them from the
Cnesapeake justifiable, and the casue of war
on our part, though the act was hers.
Why this representation is made, is alto-
gether unaccountable,.unless we consider it
as flowing from that habitual attempt to
apologist' tor the injustice of Britain, which
characterises these prints. The president's
proclamation, the highest authority the case
admits of,, an- authority which no American
or indeed honest nianwilldispute- says tbesa '
men were Americans. And yet these Bri-
tish apologists can write columns, descant,
ing on the hypothesis that they vers Bnlish,
subjects.
But, .should we admit them, for arm;-
ment's sake, to have been B; ecti,
had Britain aright to de;; tt is
denied that she iiad any suclj fig While
the late treaty continued- in force !ietv;een
the two nations, she enjoyed, under an ex-
press stipulation, a nj.i.1 h 1 j re the de-
livery of fugitives chargedwi.ii minder or
forgery ; but that treaty has expired ; and
1ne case is now the same as though no-
such treaty had ever existed; with, howe-
ver, this difference—that the insertion of
such a provision, of itself contains a stronp
implication that without it the right it gave
did not ' And even this right, were
it now in force, would 'not'embrace the pre-
sent case.- But putting ihis "Consideration;
aside, let .us" examine ttie case on its own "
grounds.
British seamen, subjects of Britain, de- '
sert fioui , Bi itj.h vessels. - They seek an
asylum' in this country. 'Suppose on reach-
ing our siioies, in order the mote effectually
to screen them elves troro the punishment,
which- would' inevitable await them, should
11,ey bo taken by-the MtisJi—they' change
their .occupation, and beco'm'e faripers or
"mechanics. Would the American -govern-
ment be' u'rider any o.bljgat ion to delivt?r them
up ? .Indisputably not. The act-of deser-
. tion, however criminal, bejmg sommitted
\vithput the jurisdiction of the United State**
those who; doniRiited it, standing in the
same situation with the perpetrators of all
.other offerees committed out of the United
States, would not be amenable ivy such of-
fences to the laws of the United States,
Those laws do not recognize any. acts.as cri- '
mmal, except those committed, within the
United States or against the United States.
The government of the United Stau-s'coukt
not tlieieloie legally antst^those ailedj',ed to>
have committed them ; -much less could it .
arrest, and then deliver up the alledge'd of-
fender to the power demanding him. This
point is so clear, as not to require any fur-
ther illustration
Would the case be altered by such desert-
ers entering our merchant service ? (-)eaily
not. Forthe right of every member of ffee
community is the same to follow this as any
other profession. And should a .foreign g |