 |
|
|
 |
|
 |
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0245 Enlarge and print image (5M) |
|
|
|
|
|
|
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0245 Enlarge and print image (5M) |
| < V fc* • > vy war is a visible transaction, and numbers fhusr witness it." It is not easy to doubt what kind of as pemblage was in the mind of the judge who used tnese expressions, and it is to be recol- lected that he had just returned from the su- preme court and was speaking on the very facts on which the opinion of that court was delivered. The same jud .'e in his charge to the grand jury who found this bill, observed, " To constitute the fact of levying war, it is not necessary that hostilities shall have actually commenced by engaging the military force of the United States, or that measures of violence against the government shall have been carried into execution. But levying of war is a fact in the constitution of which force is an indispensible ingredient. Any combination to subvert by force the govern- ment of the United States, violently to dis- member the union, to compel a change in the administration, to coerce the repeal or adoption of a general law, is a conspiracy to levy war, and if the conspiracy be carri- ed into effect by the actual employment of force, by the embodying and assembling of men for the purpose of executing the trea- sonable design which was previously con- ceived, it amounts to levying of war. It has been held that arms are not essential to levying war provided the force assembled be sufficient to attain, or perhaps to justify attempting the object without them." This paragraph is immediately followed by a re ference to the opinion of the supreme court. It requires no commentary upon these •words to show, that in the opinion of the judge who uttered them, an assemblage of men which should constitute the fact of le- vying war must be an assemblage in force, and that he so understood the opinion of the supreme court. If in that opinion, there may be found in some passages, a want of precision, -an indefiniteness of expression, which has occasioned it to be differently un- derstood by different persons, that may well foe accounted for when it is recollected that in the particular case there was no assemblage ¦whatever. In expounding that opinion the whole should be taken together, and in re- , ference to the particular casein which it ¦was delivered. It is however not improba- ble that the misunderstanding has arisen from this circumstance. The court unques- tionably did not consider arms as an ii,dis- pensable requisite to levying war ; an as- semblage adapted to the object might be in a condition to effect or to attempt it without (them. Nor d d the court consider the actn- al application of the force to the object as, at all times, an indispensable requisite ; for an assemblage might be in a condition to ap- ply force, might be In a state adapted to real ¦war, without having made the actual appli- cation of that force. From these positions, ¦which are to be found in the opinion, it may have been inferred, it is thought too hastily, that the nature of the assemblage was un- important,& that the war might be consider- ed as actually levied by any meeting of mea, if a criminal intention can he^imputed to them by testimony of any kiilKyhatever. [To be continued.'} vm/m**——>^p__——w—»——_—_»^w_———i....... imw BY THIS DA^s MAILS. LONDON, July 30. The terms of the treaty of peace between France and Russia, will, we fear, when published, afford an additional proof of the good understanding which subsists between the emperor Alexander and Bonaparte.— Notwithstanding the professions which the latter has made of his desire to preserve the integrity of the Turkish empire, he has, we have strong reason tojbelieve, consented that Russia should gain a considerable accession of territory on the side of Turkey, in return for which, the emperor Alexander has agreed that Bonaparte should also take a portion of that devoted empire. [_$un.~] Tiie British house of commons have made an additional giant to Dr. Jenner.of 20000/. for the discovery of the kine pock. . We learn from good authority, that a young gentleman, a British subject, having engaged in Miranda's expedit on, was taken prisoner, and condemned to ten years slave- ry at Omoa, and that all applications, even for a mitigation of his sentence, had failed ; that Dr. Jenner, in a letter to hiis Catholic majesty, having professed an interest in the fate of this youth, he was instantly pardon- ed, and ordered to be set at liberty. Lord Colling wood is said to have left the fleet off Cadiz and to have gone up the Me- diterranean, in a frigate, on a particular service. We are sorry to state that an affray has occurred in Baflinrobe, county Mayo, be- tween the Longford militia and a regiment of cavalry quartered in that town. Some lives, five, as far as our authority goes,) have been lost lost in this unfortunate business. Soma ridiculous religious difference is un- ~3erstood to have been the origin of this af- fair. [Limerick paper."} HOUSE OP COMMONS. July 27. The house having resolved in a commit- tee, on the motion of Mr. Rose, to consi- der of the propriety of permitting the impor- tation of certain enumerated articles into the British West-India Colonies, from the U. States of America, and the exportation of certain enumerated articles from the British West-India Colonies to the United States, agreed to a resolution to that effect; and the house having resumed, the chairman report- ed, and moved for, and obtained leave to brig in a bill accordingly. The principal articles in the former case are provisions, pitch and tar; and in the latter, gypsum, an article of considerable use in the United States. STONINGTON, (Conn.) Sept. 2 On Monday last, arrived in thisport from the Eastward, two seamen, who said that they belonged to Baltimore, and that they were some time since pressed in Halifax, from on board an American vessel sent in there by a British cruizer ; that the Admi- ral had ordered the release of all the Ame- rican seamen, detained on board of the Bri- tish squadron then in Halifax, who had not entered in the King's service, and that in consequence, they and about 70 others had received certificates of discharge, and were permitted to proceed to the U. States. BOSTON, September 8. All the troops which could possibly be spared, have been collected and hastened from England, since the last news from the con- tinent. One London paper says an expedi- tion was proceeding against Boulogne to destroy the boats, &c. there. But it is more probable the ships and troops have been sent to Pomerania, to assist the Swedes there in extricating themselves from their perilous situation, and finally, if possibly, to convey them across the Baltic. It is said the em- peror of the French has proposed .to nego- ciate with the king of Sweden. The Wasp sailed from .England July 28, for L'Orient, from whence she will proceed to the Mediterranean. NEW-YORK, Sept. 10. The Jason frigate and brig Columbine got under way from their anchorage yester- day afternoon, and went out to sea. Arrived, British schr. Commerce, Ro- binson, todays fro'm Digby, N. S. plais- ter and fish. Br. schr. Pandora, Ward, 14 days from St. Johns, N. B. Plaister and fish. Schr. Experiment, Miller, 10 days from Wilmington. N. C. naval stores. The schr. Laurel, Curtis, 10 days from George-Town, fl ur. Schr. Hope, Davis, 23 days from New- Barcelona, cotton and hides. Left, schr. Fanny, [fill, of Baltimore. Below, last night, the ship Illinois, Church, 60 days from Bordeaux—the brig Lauturo, 28 days from New-Orleans—the brig Nancy, of Boston, 69 days from Bor- deaux—and sloop Charity, of Haddam, from the West-Indies. Cleared brig Osprey, Smith, Havana ; schr. Claiissa Ann, Barss, St. Johns, N. F. Betsy, Freeman, Halifax. PHILADELPHIA, Sept 12; Arrived, brig Jane, Warner, Havana, Sugars ; Hetty, Bello-vs, Point-Petre, cof- fee and sugar j Alexandsr, Garwood, Ma- racaibo. No arrivals at the Lazaretto. Cleared, ship Bonetta, Dewerhagen, Ba- tavia. It is reported from good authority, that the celebrated gen. Harris, who vanquished Tippo and stormed Seringapatara, is appoint- ed lient. governor of Upper, and command- er in chief of both the Canadas—he is sup- posed to have made 100,000 pounds ster- ling in India and was honored with a red ribbon on his return to England. NORFOLK, Sept. 8. ARRIVED, Schr. Adventure, Gardner, 17 days from Nevis—sugar, molasses and fruit. On the night of the 3d instant, lost both anchors in a squall in the bny. Brig Nancy, Wormsted, from Richmond, bound to Boston—lost both topmasts on the night of the 3d instant, and put in to refit. Sloop Polly, Hassey, 7 days from New- York, for Charleston—dry goods, &c. On the night of the 3d inst. was struck with lightning, which obliged him to put into this port in distress. Schr. Jefferson, Derickson, 5 days from Indian river—lumber and corn. Schr. Pamela, Gray, 27 days from Fal- mouth, (Jam.)—ba*ast. Left there on the 9th ult. ship Emeline, Murdoch, of and for N. York in 4 days. On the 20th ult. in Iat. 23, long, 82, 24, spoke brig Helen, of and for Alexandria, from Jamaica. On the 21st ult. spoke brig Betsy, Stevens, of Alex- andria, from Jamaica, b tind to Havanna, the Moro being then in sight. Schr. Eliza, Mills, 5 days from Lewis- town—corn. Schr. Governor Carver, Churchill, 10 days from Plymouth—'lumber. City Comrni softeners' Office, Baltimore, Wth Sept. 1807. NOTICE IS HEREBY GIVEN To the proprietors of Lots situate on Qneen- strcet, between Granby.street and Jones's- Falls, that they have the foot-ways paved front of their respective Lots, on or belore the 25tli instant,, otherwise the city commissioners will have the same paved and charged to their ac- count, with the addition of one-eighth of a dollar per foot in length; as a fine tor neglect, agtseeablv to an ordinance passed the 26th of June, 1797. By order of the board. SAMUEL VINCENT, Clk. d4t Baltimore Mechanical Volunteers. You are requested to meet on Sunday Morning next, at 9 o'clock, at Lieutenant Steuait's, in complete uniform, with side- arms, and proceed from thence to hear a Discourse by the Rev. John Chalmers. By order, Joseph K. Staphton, Secr'y. Sept. 11. ¥ ED E R AL GAZETTE. SATURDAY, SEPTEMBER 12. On Monday morning last theU. S. frigate Chesapeake and two gunboats arrived at Annapolis from Norfolk ; and on Wednes- day they sailed, with a fair wind, down the bay. We are unacquainted with the object of this expedition. Extract of a letter to a commercial bouse in Norfolk, dated Laguira, August 11. " I have the pleasure, if so it can be call- ed, of being here since the 20th of July. The market is bad, and the produce of this place high. Coffee 23 dollars per hundred cocoa 23 dollars per fanega, indigo 187 12 cts. per lb. hides 194 cts. These are the prices on board—Coffee and hides scarce. " Spanish privateers take all American vessels they fall in with into Porto Cavello for examination, and such part of the car- goes as may consist of British manufactured goods are there taken out and sold for the benefit of the captors. " Flour is not at this time permitted here, that is, the person who has the exclu sive privilege of this article, wiil not pur- chase at any price." By the Governor and Council of Maryland. Col. Joh:i Strieker is appointed Briga- dier General of the Baltimofe Brigade, in the place of Gen. John Swan, resigned. James Calhoun, Junior, is appointed Brigade Major and inspector of the same Brigade. The company commanded by John B- Taylor, of the 6th regiment, and the com- pany commanded by Joseph C. White, of the 27th regiment, have tendered their services to the executive of Maryland as a part of the quota required by the general govern- ment. from Richmond. On the 7th Mr. Hay entered a note prose- qui to the prosecution for treason in the case of Blannerhasset and in that of Isaac Smith. They were each bailed in 5000 dollars on the misdemeanors. BRITISH STIPS. Irom the N. York /traencan citizen. Sept. 9. Commodore Rogers—This centleman has exhibited a becoming spirit on the visit of the British ships, in relation to which we have all been more or less in error. Partak- ing largely of the gdner il feelings occa ion- ed by the peculiar circumstances oi the Che- sapeake, he was eager to gratify the nation- al wish by a prompt, spi ittd, and gallant exertion of the force under his command. Judging himself call d upon by the procla- mation (and lie was not e in the veibal error) to drive the Coin" out of the wa- ters, who had entered and continued there- in contrary to that instrument, he weighed anchor, at the Walkabout, and proceeded towards the vessel as far as the h ttery, where he was advised the proclamation did not authorise the employment of force : the commodore was evidently disappointed and mortified, but after mature deliberation he coincided with the opinion. I state the facts in honor of the commodore, and be- cause the officers of the navy have been foolishly and impertinently interrogated in an evening print. Since after minute enquiry, I have be- come acquainted with the leading fa;ts res- pecting the Columbine and Jason, I esteem it a duty to communicate them to the pub- lic, and I do so the moment I am assured that what I am about to state may be im- plicitly relied on. The Columbine came to anchor within the Hook on Wednesday last the 2d inst. the Jason the following day. On the 3d they both reported they had dispatches from " their government ;" but the report was di- rected to col. Barclay, who being out of town, did not communicate it tothe collector until the evening of the 4th : the Jason had dispatches for Mr. Erskine, which went through the post office on Saturday the 5th, it does not appear, nor is it believed that the Columbine has or had any dispatches at all : she came here and continues sontuma- ciously. She was on Monday directed by the collector to depart, but she replied that she would do so when she pleased. Com- ing wuhin the proclamation, the Jason has been hospitably treated but the hos- pitality has of course been a regulat- ed one, no supplies having been fur- nished but through the medium and with tie permission of the custom house. On Sun- day the Jason requested a pilot, which was accordingly furnished. The pilot was ac- companied to the Jason by Mr. Schenck, survey-r, who was politely received and treated, and who requested that Bateman and-----------, said to be impressed Ameri- cans, might be given up. Bateman, who alledves that he was born in Newark, and has a family in this city, was discharged without hesitation and is now here, but -----------•, who with nineteen others was in irons as a ringleader of a mutiny, was not surrendered. As soon as Mr; Schenck and the pilot boarded the Jason, orders were given to weigh, and when Mr. S. had fi- nished liis business, she dropt down to the Hook, where she is now awaiting dispatch- es from Mr. Erskine, and whence she will sail the moment they are received. The mutiny happened on Saturday night and it appears that five-sixths of her crew were engaged in it. The object seems to have been desertion to our shores, and not the seizure of the ship. Th» plan was to cut the ropes, get possession of the ship's boats, and so escape, and this was to ha/e t*mm» been done while the officers were below; but the mutineers forgot to place resolute centinels to keep the officers do m, and the consequence was that when they were go- ing alt to accomplish their purpose, the of- ficers ran upon deck, nlshed upon them with arms, drove therti forward, and sub- dued the mutiny The twenty in chains are to be tried at Halifax. Error corrected.—In the Citizen of Mon- day I published the following paragraph. " On Thursday last one of our gun boats coming into port, was fired at within the Hook, by the British armed brig Columbine, and the midshipman compelled to go on board, where he was detained, interrogat- ed, and treated with insolence " I wr te the article, on information deriv- ed from what I considered a correct and respectable source, but I am told by a dis- tinguished naval ofnGer, that the following are the facts. While within the Hook, two guns with- out shot were fired by the Columbine at the gun boat, in cousegquence of which the midshiqman of the latter, went on board the former, where he was treated respect- fully, and informed by the commander, that he had taken the gun boit For a pilot b >at, the guns were fired as signals for a pilot. A democratic paper of Monday evening contained a number of disgraceful and calum- niating queries levelled at the officers of the United states navy. Justice to those officers requires us to publish the foil w- i»g reply. [Com. Adv.~\ To Mn Frank, editor of the Public Adver- tiser. Your queries in the Public Advertiser of Monday were of a nature to excite indigna-. tion in the coldest bos. m, and to procure tor you t'le chastisement winch a scoundrel de- seives. In answer to the questions which immediately relate to the navy.—If you wish to be informed why commodore Rodgers did n./l employ the apparent force with which government has invested him, I would re- fer' you to the constitutional authorities. On this subject they alone can gratify y ur curiosity ; but I wish the public to under- saudthat no censuie can be attached to the commodoie. His feelings have been already sufficiently wounded at the constrained for- bearance, he has been forced to observe, and 1 feel proud in asserting, that nothing ,iould have afforded him moiereal satifacti- on than an opportunity to distinguish the fc» under which he serves. In regard to the commanders of the gun-boats, whom you term swagerers, I assure you their sa- bres are sufficiently keen to cut off your ears, and . ill inevitably be empl yed in that ser- vice if any future remarks injurious 10their reputation, should be inserted in your pa- per. In behalf of the officers, JAMES LAWRENCE, Lieut in the navy of the U. States Navy Yard, Netu York, Mi Sept. 1807. '} Port of Baltimore. CLEARED, Sch'r Betsy, Bolton, St. Jago de Cuba Volunteer, Murdock, St. Bartholo- Mary, Cooke, Sloop Laurel, Beard, New-York Guadaloupe Of Fresh 1UCE. Sale by Auction. On MONDAY, 7'/ie 14tA instant, at 10 o'clock, at the auction room, at the head if Gay-street dock, •will commence the sale 0/ A Variety of Dry Goods ; And at S o'clock, The Cargo of the Schooner Phccnix, as ad- vertised. At.SO, 38 hhds. Muscovado Sugar, without reserve 52 chests excellent Hyson Tea, 48 boxes -ugar, 26 pipes Brandy, , 11) ions Rolled Iron. And at private s,:/e, on liberal terms, 212 tierces * " i'O half tierces R. LEMMON & CO. Auct'rs. Sept 12. ______ Sale by Auction. The schooner Phoenix's CARGO not hav- ing- been landed Hi time for Wednesday, the sales was postponed till M.ondav, the 14th in- sUnt, at 12 o'clock, when it will be sold at the auction room, Ctonsisti^g of, 81 hhds. cf Martinique white and brown CLAYED SUGAK, ot superior quality, and in tine shipping order, A few bids, and barrels of Muscovado do., And 7 bbls. Green Coffee. R. LKJ1MUN & CO. Auct'rs. Sept 11. Sale by Auction. JVtll be added to our sale on MONDAY, Jar approved paper at 90 days, 2 trunks Furniture Chintz, 1 do. colored Cambric Muslin.', 1 do. cotton Shirtings, 1 do Muslin Shawls. And on account of the underwriters for cash, 1 case White PLA.rlLL.xS. Also, 45 bbls. Glauber Salts. R. LEMMON & CO. Auct'rs. Sept 12.3_________________ LOST, (Suposed to be somewhere in Calvert street) 2 One Hundred Dollar Notes of the Bank of Baltimore. The finder shall be entitle I to a liberal reward (if required) by leaving-them at this office. Son'. 1?._______c!4t J/ouitney ix Thomas Have received by the Grand Seignior, from Hull, a further supplv of 104 bu_dles'SHEET IRON, Single, Dou- b'e, and Treble Roiled. geptlg. d . By Virtue of a Deed of Trust made by William SumarlJ and J.lin Lamb, to Isaac Peimock, and Pliiueas Ysh, will be exposed fc> P iblic Sale, on the premises on :VlO.\D \Y the filth day of October nest, at four o'clock in the aftenidci'i, The unexpired term of ninety-lllrrfe years, renewable forever, in all that Lot of Ground, situate in the city of Baltimore, beg-ining- for the same, on th west side of Concord street, at the distance of 60 feet, southwardly from Water-street, artd running' thence south four- teei degrees, east binding- on Concord-street,; tliiriy-tour feet, thence west parallel to Water- street, eighty-six feet more or less, to ground or Thomas M'Klderrv, thence north parallel to Market-space, binding on the said M'El- derry's Ground, to the south west corner of a Lot leased by Daniel Bowh, to Elizabetk He mer, and theilce by a straight lin_ to the hegining, agreeably to the plat tliet-eol, to. (Tether with all the improvements thereon made, and apperiana.nces thereunto belongings subject to the Jrearl} rent of sixty eight dol- lars The terns of s lie will be made known, at tiie time and place of sale. JAM_S M. BROOM, Attorney, For the Trustees. _S'pt 12._________________e»5UiO This is to give .Notice, That the Subscriber, of Charlf's county, hath obtained from the orphan's cemt of said county, in Maryland, letter of administration on the personal estate of "George Gint, Ute of the al' resold county, deceased. All persons haMii • oi.oioa ,ainst the said deceased, are hereby warned to exhibit t..e a:.me, with the vouchers thereol, to-the Subscriber, on or before the first day of March next; they may otherwise by Utt be excluded.frorti nil he. nefit of the said estate. Given uixU i- my hand this first dav of September, eighteen! hundred and seven. ELIZABETH GANTT, Adm'_. September 1 !, 1807. I;tw4tt To Kent ur Sell. The subscribers offer to rant or sell their PLANTATION, situated in Frederick Coun- ty nil the w ters of Little Pipe Creek, : bout a mi s distant from the town of Westminster, con lining ubout -j8 acres, a suitable part of which is woo 1 and meadow ground. The nb.ve '.and, is well :.d pied tothe cul. tiv tm of whet, -ye, indian com, Ike. and has two arye < irehards o A pie a d Peachy of which t ic fruits f the former in particu- lar, are of the best ki.id The improvement* eo si t of a small Dwelling House, a Dai y with .1 good Spring of Water, Ba 11, S.aHes, Com House, kc 1 f'ii-t'. er description is tho gi,t imnei'S- sary, p-esumiig thuse desu-ous oi renting, or purchasing, will view the premises. For terms upplyto the subseii ei-s, living rear the; t-.'O mile stone, on the Ucstcr's-town '1 urn- pi te Road. LLIZABETH & RACHEL GIST. Sept lV ______________________, 14t Five Do lur. i_ewa.d7~" RAN away from the subscriber, living1 in Garrison Fores', an \ppie tice Boy, nai_ed JA.M'-S i.'Ji.C, about 17 years of ago, lajr Ir.iir ai.i'cim .lex mi. 1 ue a o«'e Reward will be given f r bringing him home to me. JiiHU M-ALI.IjTER. •¦e-t. 1>. eo4t'j Requested, That the Columbian Volunteers meet To-morrow Morning, at & o'clock, m font of the Court-HorJse, in 'uniform with side arms. J. WILSON, Stc'ry, Sept 12. Van-Guard Volunteers—Attention ! You are required to meet at the usual rendezvous en Monday Afiernoon next, precisely at 4 o'clock, with arms complete, but not in uniform dress. The roll will be called at 15 minutes af- ter 4, and every person then absent fired- WM. H. WINDER, Capt. You are also invited to meet at the usual rendezvous To-morrow Morning, at eight o'clock, in complete uniform dress, and side arms, to proceed from thence to hear a sermon by the Rev. John Chalmers. September 12. Ordered, That the iialtT- more Indepen tent Blues meet at the Court- House, To Morrow Morning- (Sunday) 13th instant at liali past 8 o'clock, preci»eiy, in uniform, with side an;;s, and crape da the lefi arm. JOHN HUTCHINS, Sec'ry. Sept 12. ____________ Regimental Notice. The commissioned officers belonging- to the 39th Regiment, are particularly request- ed to attend at the colonel's quarters, qh M.nday the 14th instant, at 6 o'clock, _\ M. as business of importance claims the it attention. By order of the colonel. GEO. ROHABACH, Adj. Sept 12. The Baltimore Volunteer Guards are re- quested to meet at Mr. Meyer's Tavern, To- Morrow Evening, (Saturday,) at half past J o'clock, on business of importance. R, Maciubin, Secr'y. Sept. 11. The members of the friendship Wire Com* a yt Are requested to attend a quarleily meet- ing of the said company, at their Engine House in Frederick-street, on Monday Af- ternoon, the 141I1 Sept. The r< 11 w ill be called precisely at half past 4 o'clock. September 12. Jjaltiniore Union Voluntas a, You will meet at the Pantheon,on '-unday Morning next, at 8 o'ch c , in uniform, witfi side arms, to proceed f'ron. thence to h ar _ discourse by the Rev. Mr Chalmers You will also niec-t on Momday After- noon, at j o'clock, in common dress, witl* musk ts and tide arms The roll will be called at half past three, and absentees fmed. By order of the Captain, JOHN WHITELOCK, 1st Sergt, Sept. 9. $t _ The Baltimore fndependent Rifle Company are required to be punctual in attending eir meeting at the new Market-house, rest Tuesday Afternoon, at three o'clock, in uni- form, and with arms. Persons desirous of joining this association, will furnish their names to some of the members t .eieof, with whom thev may be acquainted. Thomat E, JDarsey, Capta n. |