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Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0571 Enlarge and print image (5M) |
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I
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who shall thereupon issrt* i wsrhirikijhl debt,
in the usual form, in the name of trite coin-
JasrcrUng o(S>or of such company, al*d tltie
pame pv>ce'edin;r'9 for flie recovery ot such
lines and forfeitua.es, shun1 be: had, us are lud
a id used in tsi* recovery of smattdebts j ami
theconstitution and by-laws of such company
may impose arjy fine not exceeding dol-
lars, on any person withdrawing- from kueh
tifapany, without the .consent of the com-
missioned officers thereof, or a majority of
them, to be recovered as aforesaid : which
said fines and forfeitures shall be appropriated
agreeably to the constitution and by laws of
such companv.
Sect XXXIV. Am/, whereas it is inconve-
nient and oppressive to persons residing in
the precincts of the city of Baltimore, to at-
tend the meetings of the militia in lialtimore
emi ty, in which there now* are. five regiments
—-therefore, he it tmxtied, That the persons
residing- in the precincts of the city of Balti-
more shali compose a regiment to be attached
to the. third brigade".
Sect. XXXV Xnd be it enacted. That, for the
purpose of levying- and,collecting the lines and
forfeitures imposed by cumpar.ycoiut-martials,
the pres dent of each court-martial shall,
within five days after the passing of the sen-
tence of such coui-t-martiat, return in writing
to the commanding officer ofthe company, the
sentence of the court-martial, with a list of
the fines imposed by said court martial, under
the penalty of dollars; and it shall be the
duty of the commanding offv-er in days af-
ter receiving sad sentence, to make out three
lists of the fines so imposed, and by him not
released, one of which he shall cause to he
delivered 10 the paymaster of the regiment,
one he shall retain linns If, and the other he
shall deliver to the constable, or other (it per.
son appointed as aforesaid, with a warrant un
der his hand and seal, to collect said fines,
with ihe day on which he delivered the list to
5' id person endorsed on the back of it, who
Shall tlu rebv be authorised to act as a consta-
ble, command n^- him to lew and collect saic,
fines and forfeitures ; and the said constable,
or other fit person appointed as aforesaid,
t'uaUbe authorised, and he i« hereby required
under the penalty of dollars, within
days after the receipt of such warrant, to call
on every delinquent who shall be named in
(he schedule rust annexed to such warrant,
and demand payment of said fines and foifeit-
ures from the delinquents from whom they
av respectively dVe» and on neglect or refusal
to make such payment, after the demand so
ma le as aforesaid, then the said cflnstaule or
* other person appointed as aforesaid, having
the said warrant, shall and lie is hereby di-
rected to S!-ize and take such portion of the
goods and chatties of an such delinquent as
may be necessary to satisfy and pay such fines
and forfeitures, together with th ¦ necessary
costs, and at any time between the tenth and
twentieth day after such seizure, having given
at leasi. five days notice of the time and place
of sale, by advertisements set op at leasl three
of the most pubic places in the neighborhood,
to sell and expose to sale the same to the
highest bidder ; and in case the. said consta-
ble, or other per-on appointed as aforesaid,
shall not be able I > find goods and chatties as
af.resaid, it shall and may'e law ul. and he is
herebv directed at any time at which he migM
have made the seizure of the said gO"ds and
chatties, to art-st and take the body of such
delinquent, and to co.nm.t the same to the
public gaol of the county, there to be ken' by
the sheriff of the county* for the space of fivs
days inclose co> finerosTlt, as other persons in
execution for debt ar ¦ kc: t ; and the said
constable, or other person appointed as afore
said, shall monthly account for and pay over o
the'paymaster of th* regiment, all nmuey by
Irm received as aforusaid, within —— days
aft his receipt thereof, under the penalty of
,----- lollars for every refusal or neglect so to
do, a-d the further sum of------dollars for e-
very —— days thereafter he shall contine such
neglect or u f. sa'f .vijrh said fine or fines,
imnosed as a!oiesai ui on said constable or
oth r person app> lilted s aforesaid, shall be
recovered before a Single magistrate as smal
dents are recoverable in the name of the state
of M rvlanl, and to be paid into the hands of
the paymaster of the regimen.., or extra bat-
talion, as the case may be, and the said cons-
table, or ot!i"r person appointed as aforesaid,
S1T.11 receive — per centum on all monies
by him mllectcd.
XXXVI. and be it enacted, That the presi-
dent of ¦ ieh regimental cou.rt-martial shall,
•wtvii !i live .lays after the passing ofthe sen
t< ne." of such courtmartial, return, in writ-
ing, to ti'e commanding officer of the re.gi
ment, thn sentence ot such rourt-maito I,
with a Is' of the fin s imposed by the same,
under a p malty of------dollars ; and it shall he
the. duty, of the commanding officer of 'he re-
giment, and he is hereby e: j fined under the
penally of------d d'ars for -very neglect or re
fUSal to make oiu three lists of such fines and
forfeitures, under his hand and seid, one Of
¦which lists he shall deliver to the paymaster of
his regiment, another he shall retain himself,
an.I the third list Ik- shall, before the first day
of March in e.ich and every year, deliver to
the sheriff of the county, which said sheriff
shall receive the said list, and collect the said
fines and forfeitures in the same manner, at
the same time, under the same terms, penal-
ties and conditions, that he, or the collector
ot the county, collects other county taxes and
levies, and the same, when collected, shall
pay ovsr to the paymaster of the regiment, or
extra battalion, as the case may be.
XXXVII. And be it enacted, That the presi-
dent of each brigade, division and general
court marital shall, within twenty days
after the passing of sentence on any delinquent
return, in writing to the respective command.
ing officers appointing the same, the sentence
of such court-martial, under the penalty of
doilars for every neglect or refusal so to do;
and it shall he the duty of the respective com-
manding- officers appointing each court.mar-
tial as aforesaid, before the first day of March
in each and every year, to cause a list o*'all
fines and forfeitures imposed, by their several
court-martials, and by them hot released, to
be returned under their hands and seals, to
the treasurer of the eastern or western shore
according to the residence of the persons
bound for the payment of said fines or lor.ei-
tures, and also transmit to the several sheriffs
of the different counties in this state, a list
of all fines and forfeitures imposed on delin
quents residing in their respective counties,
under the penalty of dollars for every ne-
glector refusal so to do ; and the said sheriffs
shall collect the said fines and forfeitures in
the manner, and upon the terms stated in the
next aforegoing secti&n of this act, and the
same, when collected, shall pay over to the
treasurer of their respective shores for the use
of the state, of Maryland.
XXXVIU. And be it enacted, That it shall
be the duty of the commanding officer ot the
company district, before the first day of Feb-
ruary in each and every year, to make return
in writing, on oath, ot ail quake is, menonisTs,
tunkers, and persons conscientiously scrupu-
lous of bearing arms a; aforesaid, to the com-
r&»Dd:7!g e.'heir »f the regiairni to which he
NEW-YORK, Dec. 12.
By capt. Henshaw, arrived last night
from Cadiz, we have a confirmation of the
French having taken Lisbon, On the 35th
of October, a large number of Spanish
troops embarked at Cadiz, in gun-boats, &c.
on a secret expedition. The Spanish fleet
was still in port, and still blockaded by a
British squadron.
PHILADELPHIA, Dec. 14.
Captain Olmstead in the Sydney, from
Marseilles, a few days since t<-«k from on
board a Baltimore schooner and brought in
with him, captain Turley and ere* of the
brig Commodore Barry, from St. Ubes for
this port. The brig was in a gale, hove on
her beam ends, her main-mast carried away
end water-logged. In this situation the crew
had been for 23 days before they were ie-
lieved.
Arrived, ship Sidney, Olmstead, Mar-
seilles 74 days; brig Eliza, Coffcn, Savan-
nah 7, rice and cotton ; Minerva, Sievers,
St, Ubes 54, salt ; sch'r Betsy, Fowler,
Turks-Island 84, do.
Cleared, bng Mary, Hunt, Algesiras;
Molly, Holt, Curracoa ; sch'r Favorite,
Oliver, Martinique ; Enterprize, Tarlton,
Portsmouth N. H.; Two Brethers, Bor-
den, R. Island ; sloop Betsy, Chase, N.
York.
Ship Columbia, Dixon, from Batavia via
Lie of Fiance, and ship Havana, Robin-
son, from Amsterdam via Plymouth, and
several others are below.
The Orozimbo, of New-Bedford with a
cargo of oil and ashes, after being carried
into Plymouth, arrived at Antwerp, 2d Sept.
and by permission of the collector the car-
go was landed ; but an order w as afterwards
received from Paris to put the cargo on board
immediately and depart "with the vessel ! ! /
The emperor having decreed, that all ves-
sels which have been in a British port or
road, from whatever cause shall be exclud-
ed from France. The letter frcm which
the above is taken, mentions there being
another vessel in the same situation as the
Orozimbo (which vessel is not named) and
that probably many more w ;uld soon be in
the same mortifying predicament-.
belftnM, under the penaltv of dollars for
ever; ueg'.-ct or reruse.l so f lo • and I;•'.hull
be tit : diuy of the commanding officer of each i
regiment, before the ftV-'t da;, nf Match ir.
each and evai-y year, to cau.e three lists of
all such persons, and o'f the sums of money
bv them respectively pay blr-, as a consider*
tion for their exemption from militia duty, to
be'made out Under his hand and seal, and one
of the said lists to be sent to the treasurer of
the shore on which the regiment belongs,
another to Ue retained in his own hands, and
the third to be delivered to the sheriff of the
county where S" >ch persons r.sid« and it shall
be the duty of the several sheriffs of this
state to collect all such sums of money from
the persons from whom they are respective-
ly due, in the same manner, at the same tine
and upon the same terms penalties and con.
di iions, that they, or the collectors of the
¦ ounties, collect other county taxes and levies
and the same, when collected,.'.|o pay over to
the treasurer of their respective shores, to
be appropriated to the purchase of arms, or
other military purposes, in such manner as
any future legislature may direct.
Sect. XXXIX And *e it enacted, That be-
fore any paymaster shall act as such, he shall
give bond and security to t'oe state of Mary
land, to the satisfaction of the field officers of
the regi ment or extra battalion, as the case may
be, to which he belongs, in the penal sum of
----- dollars, conditioned that he will, semi
annually, submit to the field officers of his re
gimeut or extra battalion, as the case may be,
a full and fair statement as pa\ master as a ore-
said, pay over all balances remaining in uis
hands when demanded by his successor in
office, or by the person authorised to receive
the same, and in all things faithfully discharge
the duties of his office.
Sect. XL- Ami be it enacted, That ail money
hereby directed to be paid intotbe hands ofthe
paymasters of the sevu-ral regiments or extra
battalions, shall be appopriated to the use of
the respective regiments Or extra battalions in
the following manner, to wit: in the first place
to defray (he necessary expencea of the regi
meat or extra battalion, and of the. several
companies composing the same, and after
such necessary expences sre discharged,
then the balance to be applied by the field offi
c-ers of .he respective regiments or extra bat-
talions to the purchase of muskets and accou
trements necessary thereto, which, when pur
chased, shall be distributed by the said fti id
officers among such persons in their respective
regiments and extra battalions as are adjudged
to be too imligent to purchase the same. ;it their
own expence : which said money in the hands
of the said paymaster shall only be drawn
therefrom by an order or orders, in writing
uurterthe hand and seal of the commanding
offi' er of the respective regiments or extr;
battalions, specifying the purpose for which
the same is drawn. ^^|
FEDERAL GAZETTE.
TUESDAY, DECEMBER 15.
OCT To gratify those interested in the pas-
sage of an efficient militia law, we omit seve-
ral interesting articles to-day.
Schr. Clarissa, Henshaw, arrived at New-
York in 42 days from Cadiz, Left there,
brig Charles, Chace, of Baltimore.
MILITARY.
We are indebted to tht politeness of a
friend for a copy of the bill entitled < an act
to regulate and discipline the militia of this
state." We concur in opinion with several
respectable field and subaltern officers, on
the necessity of laying this bill before our
readers previous to its becoming a law, as we
are informed that the legislature will afford
to military men an opportunity of pointing
out any defects in this bill, by not acting de-
finitively on it till next week.
Schr. Argus, arrived at N.York from Cur
racoa, was ordered away from the latter
place before she was fully loaded, by the A-
rathusa frigate, for having taken out the late
governor of Curracoa, who was considered
as a dangerous man, and who was obliged to
return in the Argus.
Sp.-akin^ of the British proclamatloa,
the iast Notional Intelligence, asks—
" Does a solemn act, enf icing such prin-
ciples, at such a season, wear the appear-
ance of a pacific disposition on the part ot
Britain? Does it not, on the contrary, look
very much like shutting the d or on all ne-
g ciation. It certainly furnishes abundant
cause for preparing ourselves for a rupture,
which will be the best meaHs of averting it
(if to be averted,) or of meeting it in ca^e
our vishes for peace shall provo illusory."
The following- articlt is taken fr m the
Norfolk Public Ledger of the 4th Decem-
ber. [Published in the Federal Gazette,
last Saturday."] Admitting that the facts
are correctly stated, we presuifieinsr but
little difficulty can arise in adjusting the
grounds of difference, from the established
usage of our government in like cases,
which has been, on a demand for deserters
on board of a national vessel, where it is
satisfactorily shewn that they are not Ame-
rican citizens, to order their discharge.
[Nat. Intelligence.^
A court martial has been summoned by
the secretary of the navy for the trial of
Commodore Barron.
[Philad. paper."]
CONGRESS.
HOUSE OF REPRESENTATIVES.
[TAKEN for the FEDERAL GAZETTE.']
Washington, December ;4.
Proceedings this day.
The Speaker laid before the house a let-
ter from the secretary of states relative tothe
claim of Eugene de Beaumarchaise.—Re-
ferred to the committee of claims.
Mr. Quincey presented 22 memorials,
signed by 900 merchants of Boston, praying
that the non-importation la* may be either
modified, suspended, or repealed. Mr. Q_
moved that they should be referred to the
committee of the whole house, to whom was
referred the bill to repeal the non-importa-
tioR law, (published in the Federal Gazette
of Friday last.)
Mr. Rhea spoke against referring the me-
morials. He said, that he considered them
as fresh insults to the dignity of the house.
Mr. Gardenier said, that the petitioners
did not positively ask for a repeal ofthe law,
but merely that it should be so modified,
that the total evil of the law should not fall
upon our own citizens; for it was evident,
that if the g',odsnow coming in were con-
fiscated, the weight would entirely fall upon
our own merchants. He thought that we
ought hot to suffer our merchants to be op-
pressed and ruined, by forfeitures incurred
under this law. It was intended to injure
Great Britain, and not ourselves.
Mr. Gardenier said, he was sorry on a
former occasion to see the house refuse
to refer the memorial of the merchants ol
Philadelphia. He thought such a refusal
was not consistent with the republican prin
ciples of our government. There was a
clause m the constitution, securing to the
pe pie the right of petitioning ; and that
right was of no use, if the house refused to
hear and consider tho^e petitions. Since that
petition was rejected, the house had framed
a bill embracing the very principles embraced
in it. ¦
Mr. Crowninshield said, that the gentle-
man last up was mistaken. The memorial
of the Philadelphia merchants had not been
rejected. It had been ordered to lie on the
table. It was treated with respect. Con-
siderable debate had taken place on it, and
that was considering it. The grand object
of the Boston memorialists was answered
by the amendatory bill on the table, which
provided for thecase of vessels coming from
beyond the Cape of Good Hope with pro-
hibited goods. Although he believed, it
was.not necessaryt pass that bill, yet he be- %
lieved it would be harmless-so far as it went;
but he conceived that the secretary of the
treasury had authority to make the excepti-
ons himself, under the general provisions of
the revenue laws, and he had no doubt but
he » ould remit any forfeitures which might
occur under the nen-importation law, where
no fraud should appear, as he had done be-
fore.
Mr. Quincey said, he vyas not astonished
at any opposition that had been made to these
memorial, afteropp ,sition that had beenmade
to the Philadelphia memorial. His colleague
had said thatthis mem uial was treated withre-
spect—that it had been ordered to lis on
the table : he might as well say, it would
have been treated with respect if thrown un-
der the table. But it seemed that the non-
importation law was a choice weapon for
operating upon a foreign gov't; but if we set
up a weapon of attack on the necks of a
particular class of citizens, the merchants,
should they not be permitted to remonstrate?
His colleague had called the non-importa-
tion law a wise act, and said that it stood
in no need of amendment; but the secretary
of the treasury had stated difficulties in that
law which rendered it impossible to carry it
into operation, and which* if persisted in,
would tend to destroy the revenue. He said,
that no nation on earth possessed as great
a number of merchants and so little incli-
nation to commit dilapidations on the reve-
nue. History could not produce an instance
of such an uniform small list of forfeitures
under the revenue laws : but, let some of
the merchants be ruined under the operation
of the non-importation law, and a general
discontent would prevail. It was a sound
objection to this law that it was intended to
have a political effect, ¬ as a commercial re-
gulation. It was like a piece of artillery,
which might perhaps injure an enemy by
blowing up, but »¦ ould certainly injure our-
selves by recoiling. It did recoil ; and its
effects were felt in this country. Gentlemen
ci me rom Kentuckey and Tennessee, and
tell those from, the eastern states, "to be
snre this law roayr injure your commerce,
may perhaps destroy your capital ; but it is
a great national measure, you must be patri-
ate and not complain." A great deal had
been said about the necessity of union; but
surely it was no wav to obtain it, by refus-
ing to hear aud consider the petitions of our
citizens.
Mr. Elliott said, that in the year 1798,
which had been called the '' reign of ter-
r r," it hid been fashionable for people to
meet and prepare and forward to that house
resolutions and addresses, approving or dis-
approving of the measures of government.
What was the course then pursued ? [He
read extracts from the journal, in which
were noticed sundry petiti ;ns praying the
house to Preserve peace with France at all
events, and a statement of the proceedings of
a militia company in Virginia containing,
he said, a gross libel on the goverment of
Great Britain, and strong insinuations a-
gainst the integrity of the administration.]
These proceedings he said, had been refer-
red to the committee of the whole on the
state of the union, ayes 46, noes 43—and
among the ayes on that occasion, he observ-
ed, were several members who now held
seats in the house, and who had the other
day voted against a referrence of the respect-
able memorial from the merchants of Phila-
delphia.
Mr. Holland, Mr. Sloan, Mr. Macon, &
Mr. Bacon, also spoke in favour of referring
the memorials ; and Mr. Cook, Mr. Alex-
ander, Mr. Campbell, and Mr. Alston a-
gainst it.
The question was then taken by ayes and
noes on referring the memorials tothe com-
mittee of the whole, and it was carried in
the affirmative, ayes 79, noes 38.
A message was received from the senate,
notifying, that they hadagreedto the amend-
ments made in the house to the bill for
building 188 additional gun-boats.
For the Federal Cazette.
The poor office hunting rJurrite, creeping
under the phraseology of the la>, having
indirectly attacked me under the protection
of a name (A Republican) which he de-
spises—conceiving a malicious liar to be be-
neath even the degradation of the horse-
whip, I shall, on proof of the Contrary of
hat I have advanced, (and which has the
credence of every honest man in the city)
make every personal atonement, if I have
not developed the author to be what I have
stated. GEORGE KEATINGE.
N. B. Since writing the above, 1 have
been informed that the author of the piece
alluded to, is no other than the noted asso-
ciate and informer.
From the Merchants' Coffee-House Books.
December 14.
Arrived, sloop Laurel, Beard, Q3 days from
St. Pt-tre, Guadaloupe— sugar and coffee—-
Geo. Reintxel. Brings nothing new.
The briij Eliza aud Sarah, Wilson, arriv
ed at Charleston the 1st instant, 33 days
from Kingston, Jam. in distress, (having
lost her fort-mast) bound to this port. Cap-
tain W. on the 7th ult. 01T cape Antonia
was boarded by the Spanish schooner Julia-
Ann, Vengeance,captain Ancoiuard mount-
ing one 18 & four 9 pounders, manned with
90 men, who detained captain W 4 days
and robbed him of most of his provisions
and some of his cargo.
December 15.
Arrived, schooner Kly, Fraizer, i3 days
fram Halifax- - ballast- —R. and J. Oliver.
Left ship United States, of Baltimore and
Hero, of New York. The former had been
tried, but the judge had not given his de-
cision. No late arrivals from England, nor
any prizes brought in. Spokij nothing.
Also, brig Eliza Vickety, Vickery, from
Charleston.
THIRD "BRIGADE.
All the officers and noncommissioned
officers of this Brigade, also of the Caval-
ry and Artillery, wh > are desirous, at this
crisis, of uniting, in a respectful and season-
able address to the President of the United
States, are requested to meet at the Pantheon
on the evening of Thursday next, at six
¦'clock.
JOHN MACKENHEIMER,
Lieut. Col. 5th Reg't.
JOSEPH BIAYS,
Lieut. Col. 6th Reg't.
WILLIAM LOWRY,
Liew. Col- 27th Reg't.
JAMES MOSHER,
Lieut. Col. 39th Reg't.
BOOK AUCTION*
THIS EVENING, the \5th hit. |