|
£
Sale by Auction.
, On SATURDAY,
The 1st August it 11 o'clock, oi> O'Donnel's
¦whnrf, near the head of Frederick street
ri -dork, will commence the Side of the brig
Ann and Mary's Cargo,
r .... Consisting ef
120 qr. casks, "l
5 ) half bbls. lOf very choice Lisbon
1& half-pipes |-.WIN£.-. ¦
16 pipes J
: 7 pipes Spanish, Brandy,
¦3 bales Cor!: s.
THOMAS CHASE,'Auct'r.
July 30.
Sale by Auction.
On WEDNESDAY,
The 5th August, at 5 o'clock in the afternoon,
¦will be sold at the premises, agreeably to
terms which will then be made known,
A neat and well finished two-story Brick
Dwelling House, situated on Mulberry stret t
afar Howard-street, now occupied by Mr.
I)ppbruit e, who will give possession the first
of September next
THOMAS CHASE, Auct'r-.-
. July 30.__________________________
Buffum and Goodhue,-
No. 84. Eowly's wharf,
Have for sale,
30 "pipes 1st proof Holland Gin,
10 do Corsica Wine,
25 qr. do. Malaga do.
10 half do. Catalonia do.
8 pipes L. P. Madeira do.
400 boxes Mould Candles,
50 do. Spermaceti do.
50 do Dipt do.
300 do. Brown } cr.,,,
150 do. White SbUAl*
150 do futile Codfish,
25 tierces Fresh Rice,
15 .puncheons 4th proof country Rum, ¦
120 bbls Fat Mackeral,
12 casks Whale Oil,
350 bags Bengal Sugar,
300 do A Hum,
10 bbls. Frankincense,
30 tons clean Russia Hemp,
75 cases fresh Salad Oil, 30 flasks each,
SO kegp Fresh Raisins,
1 j chests Souchong Tea,
liS bbls Pork, in excellent order,
25 bags Pimento,
20 66xe8 Cotton and Wool Cards.
Also,
40 bales and cases Madras imd Calcutta
Goods, consisting of Charcanies, Pepper
Caaibays, Manil a Ginghams, Karakall ditto,
St Thomas ditto, Nicanees. Ventipulav, Cud-
dalorp 'lues, Sootv Romall, and real Ma-
dras H'dk'fs, Beerbooin Gurrahs, &.c. &c °<.c.
July 3d. . d6t-eo6t
This Day is Published,
. Price o7 1-3 Cents,
The New Hungarian Broad
Sword Exercise.
With the Drift, Motions, Words of Com
joaahd, &c. de licated to he Volunteer Ca-
val-y of the United States. To be had >tth*
Btwesoi Messrs'. Conrad, Lucas iiCi M. ssrs
Cole; and I. JJonntil, MeiffiS, Dobbin &.Mur-
phy. Maiket-street, Messrs Callender and
Wells No 11, South-street and at the Print-
ill; Officeot S. Barnes, FeilVl'amt..
July '0 ________ d4t|
. . i\ i eaeher Wanted •"'• -
A gentleman, c:vj^ble of teaching the En
lijrsh language, Grographv, and Arithmetic,
and can bring go >d recommendations, will
hear of an advantageous situation, by apply-
ing at this Office.
July 30. _________d-4t.
Epaulets, &cc.
Gold and Silver Epaulets, Silver Cord and
Binding, just received and for sale by
KIDD & OWEN.
Tulv 29.
d4t||
Wanted a smart, active Barr
Keeper.
With good recommendations, to whom li-
beral waires wH be given. Inquire at this
Office. July 27. . dipt
The United Baltimore Rangers
Are reqttestcd ;o meet on the green in front
of th e Second Presbyterian (Rev Mr. Glendy's)
Churrh, on FRIDAY, the 31st, at 6 o'clock
precisely, without arms It >s hoped the mem-
bers -will be punctual in their attendance.
JOHN V'CLURE, Caotain.
N.B Gentlemen wishing to join this corps
¦will please attend.__________July 30_______
The Baltimore Republican
Draymen Volunteers, are requested to attend
on Friday Evening Next, precisely at five
o'clock;., in the Park, near the Gate. Punc-
tual attendance is requested, as the commit-
tee will then report their 'opinion as to the
uniform. All persons desirous of joining this
astociation are invited to attend.
GEORGE .HOWARD, Captain.
July 30.
Columbian Volunteers,
You are requested to assemble for the pur-
pose of drill, with arms at your usual plaee
of• parade near the Roman Cathedral, on
Saturday Evening next, at 6 -o'clock . Punc-
tual attendance is requested, as the roll will be
called at half .past.6 o'clock, precisely, and
the absent ?es fined.
¦ By-order,
. . J. WIT.SON, Sec'ry.
Those Gentlemen who hotfer been elected
members and not yet signed the Constitution,
are particularly requested, to come forward
and do so.; those wisWing to join, will give
in their names to one 0$ the < libcers, or thro'
the medium of a friend belonging to the Com-
pany. ]my 20-
Maryland Pike-men.
The first company of Maryland Pikemen,
are requested to meet at Bryacti s Ball Room
OK Satufdafhext'at 8 o'clock P. M.
All persons, desirous of joining this coin-
fiany are requested to attend. Specimens of
the arms and the uniform of the company will
ie exhibited.
__July 30.______________________________
Artillery Notice.
The yiembers composing. the Pell's-Point
Vrluntee- corps cf sirttilery- and those gen.
tl . . -• * d%t
THE AXKA'tA POnTEfl^^m
AN AMERICAN SHIP; '
The fallowing report we conceive to be wor-
thy of great attention, not only as con-
taining much of principle as well as ge-
nefal information, but it will be rendered
particularly interesting- to our readers, from
their observing the eiiorts of an enlighten-
ed, magnanimous, mind, in the correct
pursuit of justice, and the solid grounds
¦ of a -correct judgment. What a contrast
with the petty vice-admiralty courts in
the West-Indies 1 whose conduct is con-
spicuous only for an adroitness in raising
and magnifyin£ unfounded suspicions, en-
trapping the neutral with overstrained
tases, and seeking pretexts for consigning
the innocent and the fraudulent to the
same fate : [Poulson.]
This was a case of a ship under American
colors, with a cargo of logwood, and about
13,000 dollars on board, bound from the
Spanish Alain to Neiv Orleans, and captured
by the Minerva privateer near the mouth of
the River Mississippi. A claim was given
under the'direction of the American ambas-
sador for the ship and cargo, "as taken
¦within the territory of the United States, at
the distance of a mile and a half from the
western shore of the principal entrance of
the Mississippi, and within view of a post
protected by a gun, and where is stationed
an officer of the United States."
20th Nov. 2805— Judgment resumed.
Sir William Scott.- This ship was taken
with a cargo of logwood and dollars, on a
voyage from the Spanish Main o Ne-w-Or-
leans. The destination of the vessel not
at all contested ; but the seizure was made,
as it is expressed in the log-book of the cap-
tor, " because there was not any clearance
or- register on board." These are defects
which may, certainly, if unexplained,justify
a seizure. If a: vessel, pretending to be an
American ship,'is without a register, and is
carrying a cargo without any clearance,
those circumstances, if they do not receive
.a fair and credible explanation, may justify
a captor in bringing such a case to adjudi-
cation. In this case both these objections
are, I think, satisfactorily removed ; because
the vessel having been a Spanish vessel was
therefore not entitled to an American regis
ter, and there was a sea-letter or certificate
of property on board. The cargo having
been taken in upon the Spanish Main on a
smuggling transaction, gould not have a
clearance, or any of the formal documents
?hat are usual in ordinary voyages. These
circumstances, I have no doubt, were ex
plained by the master, who, in his journal,
and on his examination, appears to me to
have given a fair representation, without any
disposition to aggravate matters of com'
plaint against the captors. I can have no
doubt that these explanations were given.
And there are documents and papers on board,
winch, relatively to the nature of the trans-
action, are, I think, abundantly sufficient.
There was, therefore, no justifying cau.e of
seizure ; for as to. what is stated in one of
the affidavits, that the master had command-
ed a Spanish privateer in the last war, it is
no more than what he had a perfect right
to do. And whether he had, on Some former
voyage, broken the blockade of Si. Domingo
or not, is perfectly immaterial to tins-present
case, and can form no part of the conside-
rations upoirwhich the seizure, is to be jus
Mie :......- - - ¦ - - ¦
; The ship with the cargo on board was
brought to England for adjudication ; and
it lies on the captor to -exonerate himself
from the impropriety of this act ; because,
thongh the instruct tons to cruizers give
something of a discretion to capfors as to
the port to which they are to bring their
prize, to some convenient port, it is a discre-
tion which must be cautiously exercised,
and with sotwd peason, so as to be justified
in the court befiore which the case is bro't.
It would be cause of infinite vexation if
neutral vessels taken on slight pretences at
so great a distance as the coast of America,
were to be dragged across the Atlantic for
ajdudication ; m re especially when this
country has established courts in the West-
Indies, to prevent inconvenient recurrences
to this court., and to provide for claimants
in that country justice at their own doors,
that their commerce may be subject to as
little interruptions as possible from the ex-
ercises of the rights of war, on the part of
this country, in those seas. At the same
time there may be circumstances that would
justify suGh a procedure as if a king's ship
bound on the public service makes a capture
in her course, such a vessel cannot depart
from her instructions, bnt must proceed upon
her original destination. That would be a
ease of necessity, arising out of the public
service, for which states must make allow-
ance reciproacally. But with respect to pri-
vateers, I cannot think that any such cir-
cumstances as are here set up can be plead-
ed, as a justifying excuse for such conduct,
on their part, it is said, " that the ciaize
had expired and it was time to come
home." To which the answer, is, that
they should then have abstained from mak-
ing. any capture when they could not stay to
bring the case to adjudication in the proper
courts. The crew were mutinous will not
do. The owner is answerable for his crew
and no legal excuse can be deprived to him
from their misconduct. That he had no a-
gent at the Bahamas is equally insufficient ;
it was his fault that he had not, if a per-
son sends out a privateer to cruize in the A-
mericah seas it becomes his duty to appoint
agents in some of the neighboring ports, to
which the law requires, that prizes taken in
that part of the wourld should be bro't to ad-
judication. Thecommissionofthisprecaution
hat evidently been a cause of great incon-
venience in the present case, which is, at
most, a case of further proof, and in which,
when anorder for further proof had been made,
the claimant would have been entitled to his
property on bail, and would have gone
about his business ; indeed, I cannot but
think that the court would more probably
have decreed immediate restitution. In-
stead of that easy course, the ship and car-
go are brought to a distant part of the world,
for the mere chance of an order for further
proof, ,Th« $hig is recorded on the log
bnol: to have been seized for defect of pa-
pers; but there is more reason to sivspecf
that the real cause of- seizure proceeded,
not from •what six bud aot, but from -what
she kui—the 13,000 dollars which were oh
board, captors must understand that it is
not the vaifte of the cargo, but the want of
proof, and the appearance.of circumstances
as to the property, that should induce a sei-
zure, and that their conduct, in this respect
should not be influenced -mfei;ely by the
splendour of a large sum.cf money appear-
ing; in their sight; ,
When the ship was brought into this
country, a claim was given of a grave na-
ture, allodging;.a violation of the territory of
;the United States of America. This great
'leading fact has very properly been made a
matter of much discussion, and charts have
been laid'before the court to show the place
of capture, though with different represen-
tations from the adverse parties. The cap-
ture was made, it seems, at the mouth of
the river Mississippi, and as it is contended
in the claim, within the boundaries of the
United States. We all know that the rule of
law on this subject is " terre dumniumjimiitr.
ubi Jinitur armorum vis," and since the in-
troduction of fire-arms, that distance has
usually been recognized to be about three
miles from the shore. But it so happens in.
this case, tlyt a question arises as' to what
is to be deemed the shore, since there are a
number of little mud islands,, composed of
earth and trees drifted down by the river,
which form a kind.of portico to the main-
land. It is contended that these are not
to be considered as any part of the territory
of America ; .that .they, are a sort of" no
mans land," not of eonsisteney enough to
support the purposes of life, uninhabited,
and restored to only for shooting and taking
bird's nests. It is argued that the line of
territory is to be taken only from the Balise,
which is a fort raised on made land by the
former Spanish possessors. I am of a dif-
ferent opinion ; I think that the protection
of territory is to be reckoned from these is-
lands ; and that they are the natural appen-
dages of the coast on which they border,
and from which indeed they are foimed.
Their elements are derived immediately from
the territory, and on the principle of allu-
vium and increment, on which sj much is
to be found in the books of law, Quod vis
Jluminis de tuo prcedia detraxerit, et vicino
pricdio attulerit, palam tuum remanet,
even if it had been carried over to an ad-
joining* territory. Consider what the con-
sequence would be if lands of this descripti-
on were not considered as appendant to llvo
main land and as comprised within the
bounds,of territory. If they do not belong
tothe U.S. of y/«zm^a.anyotlierpowermight
occupy them, they might be embanked & for-
tified. What at horn would tins be mine side of
America! It is jihysicaliy possible at least
tut they ra,igltt be so occupied by European
nation's. §nd theft the Command ol the river
woiiidbo. no longer iityMifs
having letters of marque and reprisals, have
landed their prisoners either at ports where
no depots for the reception of prisoners of
war are established, or have otherwise ne-
glected to deliver them over to persons ap-
pointed in the sea-port towns to have charge
of. the prisoners : We, taking the premises
into consideration, and .apprehending the
great inconvenience therefrom to the public
service, do hereby strictly direct and enjoin
all captains'and pommahriing . ifficefs of ships
and vessels having letters of marque a.iil
reprisals, that they do carry all prisoners
taken on board any prizes,-.to ports at which,
there are or shall be established depots for
the reception of prisoners of war, there to
deliver over such prisoners to the agents
appointed by our commissioners of trans-
ports, or to such other person as shall be
duly appointed to receive and take charge of
prisoners of war ; and that no commander or
any officer of any ship or vessel having a;
letter of marque and reprisal, do presume
upon any pretence -whatever, to land, release
or deliver over einy prisoners of -war at any
other place, or in any other manner than as
aforesaid.
The Editor takes this opportunity cf sug-
gesting, as a piece of information that may
be of important use to gentlemen, with whom
the. proceedings in prize causes necessarily
Commence (the commanders and cruizers of
all descriptions in the naval service of the
country) that it is -not an unfrequent cause
of dissatisfaction with the court, that those
who have the management and control over
captured vessels, omit in many instances to
attend to the duty enjoined by the general
law, and promnlged in a declaratory form in
these instructions, with respect to the cus-
tody of prisoners in general. The effect of
this omission is more felt, as it counteracts
the ancient and almost fundamental rule of
prize proceedings, which requires that the
master of the captured vessel, whether an
enemy or neutral, should be brought in for
examination. The court has invariably with-
held its sentence of condemnation, even in
the clearest cases, where this omission has
appeared, until it has been supplied or ac
counted for in a satisfactory manner. The
inevitable consequence'of such neglect must
be, in all cases where it occurs, to retard the
benefit that may otherwise be expected to
result from the capture.
Caucasus, Which* separate Persia frctn the
Russian empire—which shews that they in^
tended to keep on the defensive. It appear*
that they have not a numerous army. The
Russians are at the same time making'ar-
rangements to protect the Crimea and the-
other southern provinces of Russia against
every attack. It is said that the levy has
been ordered in Russia of the Tartars, Kal-
mucks, Kaskins, Kirgises, and other barbar-
ous nations ; but it is to be presumed th;t
this levy will not produce the effect which
the government expects from it.
RORDEnS OP THE INN, May 19.
The greatest tranquility reigns in our
country. There are on the banks of the
Inn between three and four thousand Aus-
trians. The garrison of Braimau has not
been reinforced as it was reported : the
troops that have arrived there are to replace
the Sd French regiment, which has received
orders to join the grand army.
CONSTANTINOPLE^ April 24.
Intelligence has been received, but ^v}^ich
is not entitled to much credit, that the
Russian fleet has left Tenedos. Ot'}er intel-
ligence, more authentic, states tliat admi-
ral Craigh, has. appeared before Sahnica,
and demanded the surrender of that place,
as well as a contribution of 900 000 ducatts,"
ti> he levied on French jjropVrty.. He has
declared in case of' hon-compliance with
this demand, that he will bombard the city.
The pacha has demand.>d ins true tuns of
rpihe pnrte—the answers received are ia uiii-
j son with that system of vigor, adopted by
the Ottoman minister some time since.
BY THIS DAY'S MAILS.
DRESDEN, May 13.
Reports of arrangements for netrociations
for a general peace continue. The French
shew constantly their wish to iiegociate.
WARSAW, May 17.
The last letters from Konigsberg, inform
us, that city is in a most deplorable situation
that provisions are so scarce that the inhabi-
tants are in danger of starvation.
EANKS 0/ the MAINE, May 19.
According to a German gazette, the Mag-
nates of Hungary have declared to the states
that they were obliged to demand of the
emperor of Austria a new constitution, which
should be more adapted to the present times
and circumstances, and'-which the class of
burghers and that of the peasantry have for
a long time ardently desired.
We have received by the way of Turkey,
news that the Russian army stationed on the
frontiers of Persia, have thrown' up fornii-
d»ible ifitteuehmente ufoa the mountains ot
AUGST,.URG, May 25.
The letters from this place and Munich
"continue to encfouratre hopes of a peace
j which has been generated in Austria and of a
. congress, which, it is.said, will as-setrWi- in
- Bohemia. : Letters from ether parts of Gtr- .
many are, however, for some days past less
jpaciwe.
NUREMPURG, May pj,
The mission of the Swedish general, count
Vieden. in Pomerania. is said to begin :.i—t
riegociatSorrs with the French tri'nistert;. —
We have reason to believe' that he will i a
successful.
HAMBURG, * ay 27.
The political situation of Meckle:
and Swedish Pomerania is still tht- . ¦.
Mr. Bourgoing, aid de-camp to narshal'
Brune went to Stralsund, with -cii ...itches -
forthe governor general Kanon ij ¦ n. F/t*
has been there presented tothe king, who
received him with great distinction ; wo •
still hope that the differences between
France and Sweden will be soon at an end.
There is not one detachment of foreign ,
troops in Pomerania. The conditions of
the armistice are strictly observed.
COPENHAGEN, M.-y 23.
On the i;. !.--.!" this month an English ¦
brig having dispatches on bo id, .arrived i.a
the Sound, and preceded on her voyage to -:
' :;c. On the same clay.a convoy froirv.'
enWed the Sound, under the escort;
of ana;: ¦ ; g and two- sloops. -It is said.
tb.at.an English general is on board one of.,
these vessels. A convoy of transport;; was, -
according to the acc-uints cf the En.ehsh,,'
crews, te arrive immediately 'iri The Serine!, "
but there were no news of it on the 21st.—
According to some accounts, an expedition,
convoyed by several vessels of war, was to>
set out from Yarmouth on the 24th'of this
month. ' ••
STUTGARP, May 28..
A new treat}' of commerce has just beer*
concluded between Russia and England.
By letters' from Smyrna/we learn, that all
vessels from the islands of the ' rchipehgo,'
bound to Constantinople, are obliged by the
fleet of admiral Starinni, to return. Vessels-
from the coast of the Black Sea, and the-,
ports of Natolia, are likewise stopped by
the Russian vessels of war, which cruize in.
the entrance of the Rosphorns. The English
which have landed at lexandria, have laid."
an embargo upon all Turkish vessels ; the
result of which is an immediate suspension
of intercourse between Constantinople and. .
the different ports from which she derives-
her provisions.
PARIS. May 26.
The operations preparatory to the levy oi
1808 are everywhere made with prompti-
tude and regularity, which promises the
most happy results. The young men have
testified a devotion and a confidence with-
out bounds. In a great number of cantors
the draughts was followed by feasts, at
which thegaityof the conscripts designated
was particularly remarked. The number of
absentees, not considerable in former years,
is this year still less.
, One of the causes which will contribute
roost powerly to the success of this levy, is
the severity which the tribunals have shewn,
for some months against all those agents of
corruption, these sharpers of every descrip-
tion, who pretending an imaginary influence,
have made shameful speculations on the ex-
emptions of the conscripts, and have laid
under contribution the credulity of families.
May 19.
Letters from Semlin, dated May 7, state,
" according to the latest news from Semen-
dria, there has been a very murderous and
important action in the environs of Glad-
own, between the troops of Melenko-Stoik:,
gen. of the Servians, and Kosanzi-Ali, the,
Ottoman general. The Turks after a vigor-
ous resistance, have been defeated and pur-
sued to Gladown, where they are so stir-
rounded that they cannot avoid being taken ;
their loss is estimated at 3000 max killed
and taken prisoners."
The English general Hutchinson is at
Bartenstein, near the emperor of Russia
and king of Prussia.
June 2. -----
It is asserted that the court of Vienna,
ha:s invited in the most pressing manner that
of London to send plenipotentiaries to tlw
congress which it is presumed will beheld',,
to tre«t of the attairs ot Europe and to es-
tablish a general peace—it is believed fhM:.
the.baron of St. Vincents, (Lord St., Vn>
c&nts we presume! wiiinot wiuai.r> long sjj
I
|
