Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0558

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Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0558

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COMMUNICATION". Mr. Hcwcs, In.the "Federal Gazette" of the 17th inst. I .have seen some oKseryat ions un- der the si a nature" of ' A Looker-On," on a bil' ii"W depending bef--re the Legislature of Maryland, entitled, " An act for quieting possessions, and securing and confirming the estates of purchasers.." I do not know 'who your first " Looker-On" was-; but I was also a " Looker On," at the time the bill was discussed before the House of Re- presentatives, and I'add my testimony, that (in my opinion) the conduct of the House of Representatives was very precipitate in- deed.—<-I enclose vou a copy of the Bll, as reported to the House of Delegates, and by them adopted.— « AN ACT For quieting possessions, and securing and confiuning the estates of purchasers. " Whereas deeds for conveying lands, and other real estates, have been executed and acknowledged by femes-covert, and doubts are entertained whether they are effectual to convey the property therein contained, be- cause the precise form of acknowledgment had not been pursued: And whereas doubts are also enterteined whether deeds acknow Jedged under a power of attorney, in the name of the attorney, and not in the name of the principal, are valid : And whereas doubts are also entertained whether deeds acknowledged before two justices of the peace, who were not justices of the county c urt, are valid : And whereas also deeds of bargain and sale have been executed without having been indented under •* hich deeds property has long been peaceably held, and if such deeds are adjud.ed to be vord. bona fide purchasers will be greatly injured, and creditors deprived of funds on which the crrdit was given, it having been obvi- ously the meaning and intention of the par- tits to such deeds that the property should be conveyed as expressed therein ; and sound policy and justice dictate, that all such de- fective deeds should be aided by law ; there- fore, '* II. Be it enacted by the general assembly of Maryland, That all deeds heretofore made fer conveying or passing iny estate of inhe- ritance or freehold, or declaring or limitting any use or uses, or fur eonv-ying any es- tates for above seven years, and all acknow- ledgments of a release or relinquishment of a right of dower in lands, tenements or he- reditaments, which have been acknowledg- ed by feme-coverts, in which acknowledg- ments the precise form prescribed by law lias not been observed, and all deeds for conveying .any estate as aforesaid, heretofore made and acknowledged in virtue of a pow- er of attorney, in which the ackno ¦ledg- ment is made by the attorney in his own name, and not in the name of his principal; . and-alldeeds foreonveyingany estate as afore- said, heretofore made and acknowledged be- foTetwo justices ofthe peace of any county in 'ttirr-state Tn which the acknowledgment is made and all deeds of bargain and »ale for conveying any estate as aforesaid heretofore tnade>, and not indented shall be, and the same are hereby declared to be, of the same effect and validity to pass the property and estate limited and expressed therein, as if such deeds had been, by such femes-covert, acknowledged in the precise form heretofore prescribed bylaw, as if such deeds had been acknowledged by the attorney in the name * of the principal, as if such deed* had b by John Johns»n, esq. the fav urit'e leader 'if the democratic parry in this state, who was the counsel of the memorialists, from which the fallowing ex- tracts are made.—fThe whole of the me- morial may be seen at the office of the Fe-' deral Gazette.! " Your memorialists understand, a bill to aid such deeds is now before the General Assembly, the second reading whereof is ordered for Thursday week. The effect of this motion will be, to prevent the deed from Mrs. H. being confirmed although in the 0- pinion of y >ur'honors it ought to be made valid ; for. before the bill can be finally act- ed on, the opinion of the Court of Appeals in this case may be pronounced." " They respectfully pray a shorter day maybe fixed on for reading the bill, and that they may be heard by counsel at the bar of the house." I must be indulged in calling the attenti- on ofthe learned to the style of the present Attorney-General, especially to what is in italics. As your first " Looker-On" has observed, a very warm debate then ensued ; it was stated to the house, that the bill was uncon- stitutional retrospective, and interfering with the judiciary. For to those who know not the fact, it is stated, that a suit was at this time depending in the Court of Appeals of Maryland, bet veen the memorialists and and Mrs. H. That the case had been argu- ed by the most learned counsel in the state, and was then sub judiee, under a curia, advi- sare vult. '• Now advert to the memorial." I will conclude these observations, by ob- serving, that before the bill was put on its passage, it was stated by learned members of the house, that the very memorial which had been read, shewed that there were then cases depending before the judiciary triba nals which ought not to bee interfered with, and it was moved "as an amendment to the last section of the bill, " That this act should not extend to any case, which then might be the subject of judicial considera- tion, or to any case where a valuable consi- deration had not been paid /or the lands intended to he convey d." But I mast say it to the legislature and to the people, both of these amendments were rejected. The bill is now before the senate. ANOTHER LOOKER ON. The Editors of other daily papers are re- quested to insert the above, for the benefit of their fellow-citizens. The Committee or the Handelian Chari- table Society. To the Public. . Deeply sensible of the importance of the object for the attainment of which the Handelian Charitable society was formed, and anxiously desirous to accomplish it— the committee previous to another oratorio for the benefit of the poor, are solicitous that their views may be precisely understood, and that the benevolent, with the lovers of Harmony may be induced to contribute their aid; thereby fully justifyingthe expecta- tions, and remunerating the exertions, of the society, by enabling them to mitigate the heart rending anxieties which attend the hiers of poverty. Hence the committee conceive it necessary to advert to the circum- stances which produced the oratorio of last January, as some remarks have been made upon the conduct of those who directed that entertainment, which are by no means just, and which are not grateful either to their feelings or to those of the members of the Handelian Charitable society. During last winter, several musical gentlemen discussed the propriety of attempting a charitable concert, and having duly considered the sub- ject, it was decided in favor of the effort— all necessary aid was procured ; the prepa- ra;'ons were made ; the audience was niuiie- rot ; the music v.as heard with delight ; and the large sum which was raised, evinc- ed the correctness of the opinion which had been enteitained, that the citizens would display their usual munificence. The notice of the Oratorio which was published, stated that the profits of the meeting would be immediately applied to the benefit of the distressed ; in conformity with that promise the expences of the meeting having been ascertained, and the bills having been paid, the proceeds were offered to the mayor, wh'j declined to receive them, alledaing that he had several hundred dollars which had been formerly collected for the poor, and which remained not appropriated : he referred, the ceramittee who waited upon him, to s'ime gentlemen whom he named, as the most proper to distribute money to the necessitous—they received the amount, *hich is at pres«nt at interest subject to fu- ture claims. The following is a copy of the receipt. "Baltimore, 6th Feb. 1807. " Received from Messrs. Samuel Cole, Samuel Keyser and George Myers, six hun- dred and twenty lour dollars, 84 cents, as a deposit ; being the nett proceeds of the Ora- torio, to be appropriated under the direction of certain persons named in their letter, un- der date of 2d Feb. 1807. " ISAAC BUBNESTON." 624(lolls. 84cts. Encouraged by that very flattering expres- sion of public approbation, several gentlemen assembled and formed the " Handelian Cha- ritable Society," to render their labours in behalf ol the indigent systematical and per- manent. By the payment of five dollars each as the first annual subscription, aided by a few benevolent amateurs as honorary members, who are anxious for the prosperity of the institution ; the committee have hi- therto been enabled to pay the expences of their regular weekly meetings, by providing music and other requisites. In consequence of which, the chief part ot the debt th.»t was incurred in providing the last Oratorio will be saved for the promotion of the object filler! the duties which they voluntarily en- joined uponthemseJfitfrSjJJie-society havf re- s l'cii' (ir:f3' which they owe to themselves, to the society whose affairs they are appointed to superintend, and to the gentlemen who re- ceived the profits of their exertions, to rec- tify some mistaken opinions, and to demon- strate the purity of the motives of those who have devoted their time and talents to eSci'e and promote that august disposition of mind - christian'charity. " The,Committee ofthe Baltimore Han- delian Charitable Society : Baltimore, 3Btk Sept. " Gentlemen, " We have the pleasure to inform you that in the distribution through the last winter, the surplus money in the hands of the mayor met all the current and necessary demands of the deserving poor, after much search and attention of the committee with whom the money was deposited, and by thetu distributed. " The same committee were honored with your confidence in receiving under their care and subject to their appropriation, the amount of the Oratorio last winter, which amount is yet untouched and accumulating by interest. " The committee have determined and are making arrangement to prepare a plan for a permanent institution. These funds, the future products of your society, with dona- tions from other humane sources, being funded, we trust, will in a short time from their annual products give efficient relief to the deserving poor of this city. " We cannot omit congratulating the wi dow and the orphan upon their having found in the Handelian Society the first movers of this bonevolence, which will tend to mitigate their woes in affording that re lief their indigence sojustly claims. " Vou will please to receive in behalf of your benevolent society our warmest wishes for your collective and individual welfare, and that your latest posterity may always enjoy the choicest comforts of life " With respect we are your friends, LUKE TIERN-AN. ISAAC BUHNKSTON, Acting for the Committee. The committeehaye amply contemplated every subject which is connected with an Oratorio for the aid of the distressed—they have consulted the opinions of those who are friendly to the Society and its design— they have procured all that aid which will insure the mournful appeal of the music to the heart—and to complete the gratification of the public—they have prepared a choice selection of the most approved sacred music —part of which was never before performed in the United States—;and therefore the so- ciety snticipate from their fellow.citizens their attendance, which is the only reward that the members desire ; except the satis- faction which results from the conviGtiori that they have not' been deaf and inatten- tive to the plea of the widow, the petition of the fatherless, and the complaint of the orphan—and assisted to feed the hungry, to cloath the naked, and to cheer the child of want and penury. By the committee. HORACE H. HAYDEN, Sec'ry. N. B. The proposed Oratorio will be performed on Tuesday evening the 22d inst. the particulars of which will be made known in a few days. - ¦ 1"---------- ' ' ' ¦ ¦ ~-.----------'-- ------......'—iJT» i*¥ THIS OAY's MAfLS; NEW-YOK, Dec. 9. The Commercial Insurance Company of this city, have declared a dividend of thirty per cent, for the last six months. Arrived the brig Erneline, Stowell, 18 days from Martinique, and 14 from Anti- gua, where she was carried in and released. Left, brig Brutus, Michales, from Philadel- phia for Martinique, sent in ; brig Sussex. Lee from Martinique for New-York, clear- ed ; brig Swift, from do. for Porlland, waiting trial ; a ship from Guadaloupe for N. Yrrk, de. and others at Martinique, brig Emily Richards, for New-York in 5 days ; brig Mary Ann, for do. in 5 ; brig jane and Celia, both of New-York. Sch. William Hull, Duncan, 9 days from N. Carolina, naval stores. Schr. John, Hand, of Hudson, 33 days from Turks Island, salt. Schr. Philip, Williams, 8 days from Charleston, cotton and Logwood. Nov. 27, off Charleston, spoke U. S. brig Hor- net, from Washington for Charleston. Nov. 24, spoke schr. Delaware, Gordon, from St. Kitts for Baltimore, with loss of foremast, &c. Schr. Feronia, Block, Richmond, 9— Richmond, Seaman, do. 9—Emily, Fitch. his indignation at the conduct of the cap-, tain of the privateer, in bringing in the ves- sel without the least shadow of ground for seizure, and took the opportunity of animad- verting severely upon the conduct lately proceeded upon by the privateers. The captur was east in cost and damages. From the London Gnr.ette, Octtber 17. By the It inc. A PROCLAMATION", For reciting and prohibiting seamen from serving Foreign Ptinets and States* GedxGK R. Whereas it hath been represented unto ns, that great numbers of mariners and sea- faring men, our natural born subjects, have been ini iced to eryter into the service of ii states, ana are now actually serving as well 011 board the ships of war belonging to the said foreign states, as on board the merchant vessels belonging to their subjects notwithstanding our former proclamation recalling them, contrary to the duty and allegiance which our said subjects owe unto us, and to the great disservice of their native country ; we nave therefore thought it ne- cessary, at the present moment, when our kingdom is menaced and endangered, and when the maritime rig-Sits on which its' power a id greatness do mainly depend, are disputed and called in question, tp publish, bv and with' the advice of -our privy coun- cil this our Royal Proclamation : We do hereby strictly charge and command all masters of vessels, pilots, mariners, ship wrights, and other seafaring' men, being our natural born subjects, wno may have been inticed into the pay or service of any foreign state, or do serve in any foreign ship or vessel, that forthwith they and every one of them do (according to their bounden duty and allegiance, and in consi- deration that their native country hath need of all their services) withdraw themselves, and depart from, and quit such foreign ser- vice,,and do return home to their native country ; or do enter on board such of our ships of war as they may chance to fall in with, either on the high seas, or in any rivers, waters, havens, roads, ports or places whatsoever or wheresoever. And, for the better execution of the pur- poses of this our Royal Proclamation, we do authorise and command all captains, mas- ters and others commanding our ships and vessels ot war, to stop and make stay ot all and every such person or persons (being our natural born subjects) as shall endeavor to transport or enter themselves into the ser vice of any foreign state, contrary to the intent and command of this our Royal Pro- clamation, and to seize upon, take, and bring avv ay all such persons as aforesaid, who shall be foui d to b« employed or serving in any foreign merchant ship or vessel as aforesaid : but we do strictly enjoin all such our cap tains, masters, and others, that they do per- mit no man to go on board such ship, and vessels belonging to ssatts at amity with us, for the purpose of so seizing upon, taking and bringing away such persons as aforesaid, for whose discreet and orderly demeanor the said captains cannot answer ; and that they do take especial care that no unneces- sary violence be done or offered to .the vessel, or to the remainder ;of the crew, from out of which such persons shall be taken. And in case of their- receiving informa- tion of any such person or persons being employed, or serving on board of any ships of war,bejonging to. such foreign state at amity with us, we do authorize and com- mand our captains,' masters, and others com- manding our ships of war, to require of the captain or commander of such foreign ship of war, that he do forthwith release aad dis- charge such person or persons being our natural born subject or subjects and if such release and discharge shall be refused, then, to transmit information of such refusal to the c mmander in chief of the squadron un- der whose orders such captain or comman- der shall be then serving ; which informa- tion the said cammander in chief is hereby strictly directed and enjoined to transmit, with the least possible delay, to our minis- ter residing at the seat of government of that state to which the said foreign ship of war shall belong, or to our Lord High Admiral, or Lords Commissioners of the Admiralty for the time being in order that we, being apprized of such proceedings may forthwith direct the necessary steps to be taken for obtaining redress from the go- vernment to which such forign ship of war shall belong, for the injury done to us by the unwarranted detention of our natural born subjects in the service of a foreign state. And whereas it has been further repre sented unto us, that divers mariners and sea- faring men, our natural born subjects, have been induced to accept of letters of natural- ization, or certificates of citizenship from foreign states, and have been taught tc be- lieve that, by such letters or certificates, they are discharged from that duty of alle- giance, which as our natural born subjects, they owe to ns ; now we do hereby warn all such mariners, sea-faring men and other-, our natural born subjects, that no such let- ters of naturalization, or certificates of citi- zenship, do, or can, in any manner, divest, our natural born subjects of the allegiance or in any degree alter the duty which they owe to us their lawful sovereign. But in consideration of the error into which such mariners and seafaring men as aforesaid may have been led, we do hereby publish and de- clare our free pardon to all such, our sub- jects, who, repenting of the delusion un- And we do hereby notify^hat all such our subjects aforesaid, who have voluntarily- entered, or shall enter, or voluntarily conti- nue to serve on board of any foreign ships of war, belonging to any foreign state at enmity with us, arc& will be guilty of high treason: and we do by this our royal pro- clamation declare, that they shall be punish- ed with the utmost severity of the law. Given at our court at the Queen's Palace, the sixteenth day of October,, one thousand eight hundred and seven, and in the forty seventh year of our reign. The Sun says, " The value of English property confiscated by the French at Leg- horn, and other parts of Tuscany, amount to ten millions of dollars." A late London paper says " the sensible pa>t of the Americans it is said, are averse to a war with Great Britain, and the same we believe, may be said of the sensible part of the British ; but these parts in both na- tions are seldom attended to on such occa- sions." It is said Gen. Terreau has entered a for- mal protest against any pacification between, the U. States and Grant Britain. We learn by Capt. Block, in 36 hours from Norfolk, that the French ship Patriot, of 74 guns, had dropped down to Hampton roads. Two British ships of war were in Lynhaven Bay. A London paper of Oct. 26, announces the receipt of Virginia papers by the Charles Carter. Portsmouth, Oct. 26.—Arrived the Diana from La Vera Cruz, with 800,600 sterling in dollars. et, Fredericksburg, 12; William Wallate, I der which they have acted, shall immedi- do.—John, Wallace, do.-sloop Chancel- ;,t^,'' ufon k"ow1^ of this our royal , c, p ¦ , , r proclamation, withdraw themselves from ler, Story, Richmond, 9. Still below the brig Anna, from Guada- loupe. Wind NE. Cleared, ship Oliver Els worth, Sketch- ley, Liverpool : William, Marshall, Nevv- ry ; Alkmonac, Halstead, Bordeaux ; A- nierican, Reid, Londonderry ; schr. Gene- ral Hamilton, Richards, Vera Crux. GOOD NEWS. London, October 30.—Admiralty court. Thecase of the Orion, Ainericaushipand car- go, bound from the Baltic for New-York, which the members proposed in the'tirst detained by a i lymouth privateer, was ar- estabiishment of the society. Having ful- gucd on Wednesday. The judge exnresied Us as subjects of ^Great-Britain foreign service, and return to their allegi- ance to us ; and we do declare that all such our subjects, who shall continue 111 the ser- vice ot foreign states, in disregard and con tempt of this our royal proclamation, will not only incur our just displeasure, but are liable to be proceeded against for such con tempt, and shall beprcceeded against accor- dingly ; and we do hereby declare that if any such masters of ships, pilots, mariners, seamen, shipwrights or other seafaring men (-being our natural bom subjects) shall be taken in any¦ ion ij.';n service by the .'U»e- rines, or other Barbary Powers, and carried ; 1 c-ry, they shall not be reclaimed by PHILADELPHIA, December 10. Arrived ship Minerva, Newcomb, Laguira, 35 days, c.ftee, c, coa, &c- ; brig Globe, Williams, Batavia 106, coffee & sugar; Sea Nymph, Whelen, Bermuda, 25, ballast—¦ sch'r 5 Sisters, Acton, Kingston, 35,woods; Emily, Davis, Guadaloupe, 18, coffee and Sugar. Cleared. Brig St. Croix Packet, Mayne, St. Croix,; Schuylkill, Tuttle, Oporto— sch'r Sally, Lopez, Havana : Rover, Gard- ner, Charleston; Rising Sun, Borden Rich- mond. Capt. Williams left at Batavia, tie ships Orion Bell, supercargo and first mate dead, for Philadelphia in a few days ;Lcda, Spears, for Baltimore in 12 days ; Chcsafeak, Mmmt do. captain sick ; Manhattan, Brown, for N. York, uncertain ; Millwood, Nibbetts. for do. do ; Huntress, Peck, for do. do ; Sid- ney Davy, for Baltimore do ; Orizimbo, Gardner, fn m Baltimore, forSManillo in 8 days ; brig Cora, Van Allen, for N, York, uncertain. The ship Sally, of New York, had Sailed for the Eastward ; ship John Bnlkley, Love, of Philadelphia, sailed for Sausasaus ; ship Mount Vernon, Davidson, of Philadelphia, had sailed for Japan ; ship Rebecca, (capf. dead) sailed for Providence) R. I. 9th Au- gust ; ship Bayard, (captain and supercargo dead) sailed for Pr-avidence 4th August ; ship Adamant, of B •himore, fBeaty, captain, dead) sailed Lr Europe 1st Aftgust. The following ships passed Anger Point. Ships Mercury, Arnold, from Philadel- phia for Canton, 5th August; South Caro- lina, Annesley, from Philadelphia for do. 7th August ; Jane, Pender, of Baltimore, from Isle of France, for Canton, August 9th ; Trident, Blakeman, from New York for Canton, 14th August ; Be'lisarius Wilds, from Boston for Batavia, 19th do. Fair Tra- der, Cooper, of Philadelphia, from Isle of France, for Canton, August 19th ; John & James, Briggs, of Nantucket, from Isle of France far Canton, August 19th. Capt. Williams spoke the following ves- sels : Nov. 10, inlat. 18,43, N.long. 54,West; brig Diana, Young, fram Portsmouth, (N. Hamp.) for Demarara. out 28 days.— Nov. 23d, in lat. 32, 20. N. long. 64, W. schooner Experiment, Rodgers, from St. Bartholomews, for Baltimore, out 37 days in great distress, the vessel very much da- maged in her hull and rigging, was then standing for Bermuda, expected to make the island next day. November 26, schr. Wil- liam and David, 5 days from Boston for Jamaica, in lat. 34, 30, long. 63, 30, November 27th, in lat. 37, 20, long. 70, W. schr. Dorothy, 12 days from N.York, bound to Richmond. December 3d, in lat. 38. 05, long. 72, W. ship Pomona, 2 days from N. York, for Guadaloupe. Brig Sea Hymph, Whelan, from Bermu- da. Left there the 26th alt. ship Colum- bian Packet, of Philadelphia, under trial ; ship Destiny, of New-York, condemned ; brig Maria, of New-York, for Jamaica, in 4 days; and biig Susannah, Hamilton, for Turk's Island, in 4 days. Ship Minerva, Newcomb, from Laguira. Nov. 1, was boarded by the British frigate Arethusa, arid treated politely. November' 6, in the Mona Passage, was boarded by two British sloops of war, vexr.mined and dismissed. Pecembr 2, spoke barque Har- per, Foster, from Saj*m,for Baltimore, who supplied us with a banal of bread. Ship Louisiana, JJrevoor, from BOR- DEAUX. Left there the same vessels re- ported by the Calypso, arrived at New. York. Sailed i'rom the Cordovan. October 37th. Coining out spoke the ship Portland, Callender, of Philadelphia, from Oniric . ton, bound up. 'i'/° The Louisiana was overtaken in the river by an 'oepfess from her consignee, ordering her to sea without delay, in consequence of dispatches receiv- ed by the Amencan consul frorti the minis- ter at Paris. Capt. Brevoor was informed that orders had been received to detain the ship George Washington, Hidelius, of PhiJ ladelphia, but she had sailed two days be- fore for St. Sebastians. The Louisiana was boarded off the Cordovan, by two L>nu-.h frigates and treated politely. CHARLESTON, Nov. -iT. The sloop Harriet, captain Frttit, from -Charleston, bound to St. .-.ugustihe, on the lOta October, in lat. 27, 12, long. W, Ifi, afttr encountering a sever-- gah loxatveral