Newspaper Page Text
LAW INTELLIGENCE.
We have Viren favored by a Gentleman who
pttfded ‘he District Court on the l ltu instant,
•wnll the fallowing Case :
GEORGIA.
District C-xkt, August 11th, 1807.
Unitkd Sra it* > Debt, for a penalty in !
vs . ( reiiltnij; ti e (.fftcrrs of j
Th- Aiw a • HT.Pri r t the Cuttter in theexetCt- [
CJta A R it Jrus M*;** 5 oonot their duty.
t his da) the trial of the abu.c cause came j
on. r .
1 lie three defendants ate p lots ot the port
of Savannah, and v.eie sued by tlx Histfict
A'torney, for icfi mg preventing and ii. Itd
i.n.j the officer* ot the Revenue Cuitci in the
execution “f their duty, under toe 71 si stolon
of lie “ Act fur Collection of Duties.”
1 lie material facts and citcuuistunces oUhe
case, as they wcie disclosed in the ati ne
of the testimony, were as follow :
i tie ;mot boat ot the defendants ex f i ng ,
tome suspicion* in die ni'.nd ol captain Ncv;ll,
(then acting as master ot the Cutter) in co.ke
ouence ol her i.e.iiij; unusually deep in the a
,b, JIO Italia,! I:I , (13 olio VVa*
>* r, neatly opposite io live Fathom-HoFi'and
requested her to oome to tor et.amiiiipun
Tnis not being attended to by llie deltudauls,
captain Newell ordered tus boat to gj along
tide ot her, and bring her to. In attempting’
to do this, and io get. on bond of he oiiot boat,
one of the men lit the Cutter’s boat vas struck
by Alworthy, andoihei means used bv him to
p,event th lr coming on boaid. They were
then compelled to u tinn to the Cutter, and to
inipply themselves with arms. Coi mg a sc- .
tend time alongside of the pilot lioar, the d< - !
feml.int, Alworthy, threatened to knock the ‘
< iptain down with an axe, if lie came on boaid. i
oi opened the hatches of the | not boat. ‘1 he J
captain, however, did his duty ; and, t.p-!
on opening the hatches, ciiscoveieu in the bold j
a number of new negn es.
No actual resistance was proven on the part }
of Caesar and .Major ; but it was proven, mat ■
Caesar wa, a part ownei of the pilot laiut ; that
Major had ihe hclln. and that all ot them used
their hi st esc.lions, by clouding sail and other ,
manoeuvres, to get beyond the reach ol the
Cutter j
It was known also, that, at the lime the pi- ;
lot boat was boarded, the Cutter bad her pen
dant Hying * j
Upon this evidence, it was contended by the
counsel for the United Stales, that the defeiut
d ms hid incurred the penalty of ihe “Ist sec- .
tion of the act of Congress. I
He -istance had been clearly proven on Al
svnnliy. As to the other defendants, tlu ir .
conduct “as less reprehensible than his ; and,
in apportioning the tine, it would be perhaps
pt taper to make a distinction—they weic, l ow- j
ner, all guilty. II Caesar and Major did not
resist and use acts of open violence, thiy still
firro’ ii rd and imped-d the officers of the CjUlcr ’
in the execution of their duty, bv atUni|ks io 11
gel the pilot boat beyond the reach of the Cut- •
tei ; by not interfering with the measures ofj
Alworthy ; and by not submitting, wilhoufthe j
in i easily ol so re, to an examination. It ‘
ought m be presumed, that, as Crcsarvasaj
part owner of the pilot boat, he had a coitrol ‘
over Alworthy ami Major, and might easily
have prevented any opposition to the leg.J at -
thonty ; and .hat Major haiing the helm an 1
manage nent ct the boat, did every thing in his !
powir, short of actual resistance, to prevent j
the examination
II die jury should he of opinion, that the
conduct ot Caesar and Major amounted to a
, ntbrn of the oilicers in the execution of
ill ir duty, they would he authorised in findiitf !
a verdict against the whole for the penalty.
Ihe law is inthe disjunctive—o resist, or ft ra- *
vert, oi im/.edt . is placed by the law upon thi
aanic footing of criminality,
l'or the defendants.
Admitting that the evidence in this case es
tablishes the Lets of resistance, or prevention,
l ill no recovery of the penalty can be obtained,
l cause the Cutler and her boat had not their
pendant and ensign living, as directed by the act 1
ol Congress : and without these indications of ‘
in;ihoi iiy, neither the pilots, or any other class
ol citizens, were bound to know the Cutter, or
to recognize men, as her JJi rr*, who de
manded u search under that pretence.
\ recovery is objected to upon another
ground The law requires, that the officer*
id cutters should be commissioned by ilie
president of the United States. It appeal's,
in the present case, that at the time the resist
ance is ulledged to lime been made, capiain
Newell and his lieutenant had no rwniiwMi*,
l at acted under the appointment and directions
ot the collector; ,
In reply, the counsel for the United States,
observed, that within the limits of our port, no
ncccsM y existed for having the fiend,mt and
th ,o. . fl, in -, in order that her character
might la 1 known. ,
t he Cm ter and her officers were well known 1
to our citizens, and particularly to the pilots ;
ami their duties were of such notoriety, that eve
ry man wash nmd to respect and to take notice
ot them at his peril, independent of external
appearances.
At all events, the pendant was a sufficient in
dication of au:h writy, which is proven to have
been flying when ihe pilot b>at was boarded
J’echaps in no case was it absolute!v necessary
lo .lisp ~v bo h“nv a i aid Hen hint, nor could any i
rational exposition ofthe law require that both
should he flying, unless to give notice of the
Cutter’s character to foreign or strati -e vessels.
In the “iver, :T wi Us wore unnecessary, so
.at as our own citizens were concerned. If
cither the pendant , or the ensign was displayed
the object and the intention of the law we u
satisfied.
It was true the 1 w requires that commis
sions should lie given by the Piesideut ot thi
United States, but that until these commissions
could be obtained, the officers of the Cutte’
were authorised io act under the uppoinunenl
aial directions ofthe collector.
Bulloch, District All’iiy.")
a i ic ) v for the U. States.
Ch ah lion, J
Da v irs, for the Defendants.
Judge Stephen's charged the Jury at son e
length. In the course of which, he animad
verted, m pretty severe terms, on the conduct
of the defendants. lie agreed with the coun
sel lor the United States in all the principal
points taken by them ; and was of opinion, that
the jury could not avoid finding a verdict for
the United States.
The Jury, alter a long deliberation, returned
the next morning a Verdict Jor the United
Slates.
Latest Foreign News.
EXPEDITION AGAINST EGYPT.
From the I.ondon Curette of June 14.
Downing-Strf.et, June 13.
The following intelligence has been received
by viscount Castlei eagh, one of his majesty’s
principal secretaries of ‘tate, from major-gen
eral \lexander YbKen/ie Fraser, command
ing hi inajetv’s land forces it Egypt, truns
mi'ted in a letter fiom the l ight honorable gen
eral 1 ox, to the right honorable William Wind
ham.
_
r x'r.off of a copv of a letter from major-peneral *.M
Vr„7.- i to the ri.'ht honorahle Wil iam Windham,,
dated .Alexandria, Aprilfi, isi)7, transmitted to him
hy reneral ! ox, the odainal not having been re
ceived.
Sir —My ‘etter of the C7th ultimo has a'ready in
formed you, that i,. t:o fequenee of the (Kong rt-pre
femation of major Miflett, hi* majesty’s trfident sere,
(a copy of which I then transmitted) 3ati;ig the rift
the inhabitants of Alexandria run of being OatveJ,
tinlef. Rnfe'ta and Ri-.hminie were taken pofTelfion of
hy his ma, dy’. troop ~ I had, v-th the concurrence
of r ear admiral fir .1 hti T Duckworth, detached the
Sift regiment and Chaffeurs Britanniqne. under inajon
general Wauchope and brigadier general Meade, for
that ptirpflfe.
I am now under the difapTeeahte neceffirv of ac
quaintin'.’ you, that, contraty to all expectation, this
measure did not fneceed. Our troops took polfedion
of ihe heights of bourniandnul, ("hich commanded
the town) without any loss; bur, from circumflaoces
as vet nnexp.'aitied, the general, inftcad oi k’ eping his
port thepe, unfortunately was tempted to eo into tne
town wi'h his whole force, without any previous ex
amination of it. when the troops were so severely
handled from the windows and tops of the houses,
without ever feeirg their enemy, that it was thought
expedient to relire; more efpecia'ly as major general
Wauchope was unfortunately kil ed, and the fecund
in command, brigadier genera) Meade was severely
wounded.
The troops, I understand, although certainly placed
in a n:olh trying and pet ileus fituution, behaved ex
trei. |y well; and after having fuffered, I am lorry
to fav very materially in kil ed and wounded (as you
will fee hy the annexed rettrtns) retired to \honkir, in
pi ed , Her, without nio'etlation, from whence I direct
ed them io , eturn to Alexandria.
This has certainly been avety heavy and unexpected
stroke upon us, more rfpecia Iv as every information
led me to conclude that the opposition, if any, wouid
he trifling; and every ptreaution was recommended
that prudence cou.d fiiegeft.
Finding, however, hy ihe renewed reprefenta'inn of
Major Millet, corroborated bv the personal ap h a
tion of the Sorbagi of Chief M.igillraies, in the name
of the peop'e at large, that a famine would be the cer
tain and immediate consequence of our remaining at
Alexandria, without the occupation of Rosetta, I have,
with the concurrence, advice and co-operation oi Rear
Admi’al ir Thomas l.ouis, (who command*the squa
dron here since the departure ot Sir John T. Duck
worth) de ached another corps, under the command
ot the honorable Brigadier-General Stewart and Colo
nel Ofw aid, fas per margin*) to effect this purpose,
vithou’ which it is imp .ffib * that the ntealuns pro
posed by bis Majeffy s Mimflers, of keeping poifeinon
of Alexandria, can be accomplished.
1 xtraiff of a Pifpat h from Major-General Frazer, to
General the Right Honorable H. K. hox, dated on
board his Mojefty’s Ihip Canopus, Aboukir Lay,
April 2 1807.
I have the mortification to acquaint you, that the se
cond attempt that 1 th “ight ueceirary to Hi ke againll
Rosetta, has fai ed, owi"g to a reinforcement ofthe
ene uy being sent down t e Nile, ‘ro.n Cairo, which
overpowed our troops and obliged them to lal back,
with the lols, (I am grieved to fay .) of neatly 1 th u and
men. in ki led, wounded and milting. Among the lat
ter are Lieutenant-Colonel <v ‘L.eod, Major Vogel
lang. and Major Moor. Brigadier General Stewart,
who commanded the troops on this lervire, is only now
upon his march towards A exandriu with the remainder
of his force, and h: s not yet lent me the detai s; but
a- the admiral thinks it neceff.iry to dilpatch the Wi
zard hrig immediately trom this bay to Mefiina, I think
it neceflary to give you all the information I am at
prelem in pofleflion of, and lhall lend you the p ni
c.da s .it this unfortunate affair by his majelty ‘s Ih p
Thunderer, which will leiveAt vandtia very loon ;
and as 1 have ut time to acquaint hi* maj fly’s minif
ter* ol thi; event bv thi* opportunity, I mull requeil
you to have the goodnels to do it a* loon a* pofliblc-
Return of ki led and wounded of the armv in the adion
of the 111 Match, iSo7, at Roletta.
Killed —Total, l major-geneva , g captains, 1 lieu
tenant, lergeams. .7 drummers, 170 rank and tile.
Woundxo.— I oiol, 1 btigadier-general, I b igade
major, 5 captains, IO lieutenants, -2 mligns, llfer
geam*, 1 drummer, ‘ls l rank and file.
GEORGE AIRY,
ading deputy adjutant eneral.
N B. Moll of the wounded officers and men are re
coveting.
• Detachment of royal artillery, detachment of the
20th light dragoons, detachment of seamen, light in
fantry batta ion, 111 battalion of the 35. h regiment,
2d b.itta lot; ofthe 78tb regime, t, regiment Jc Roll*,
amounting in the whoje, about 2jOO men.
FRENCH GRAND ARMY.
SEVENTY-SEVENTH BULLETIN.
FiskessTeih, May 29.
Dantzic has capitnluicil. That fine place is
in our power. Eight hundred pieces of yutii
lery, magazines yf every descripfon, upwards
of 500,000quintals of g”ain, considerable wine
cellars, great stores of cloths and spices, re
sources of all kinds foi the am.y, and finally
a strong hold of the first rank, supporting our
left, as Thorn supports our centre, and Prague
cur right. Thescare the advantages obtained
during winter, and have signalised the leisure
hours ofthe grand army. It is the first, the final
fruit ofthe victory of Eylnu.
T he rigour of the season, the snow which
has often covered our trenches, the frost which
has added new difficulties, have proved no ob
stacle in cat t ying on our works. Marshal Le
febvre tus surmounted every thing. He has
animate* with the same spirit the Saxons,
the Polis and the Badenese, and prepared them
to his purpose. The difficulties which the ar
tillcry ladto encounter were very considerable.
One hundred cannon, fi oni fi. e to six hundred
thousand pounds of power, an immense quan
tity ts bullets, have been drawn from Stettin
and from the different places in Silesia. A
great many difficulties for transports were to lie
got over, but the Vistula ..Horded easy and ;
prompt means.
On tht27lh, the garrison, headed by general
Kalkieutl* defiled. That strong garrison which
at first was 16,000 men, is reduced to 9000 ; 1
and ol that number, 4000 have deserted. There
are even some officers among the deserters,
j ‘* We don’t wish,” say they, w to go into Siberia.”
| Several thousand artillery horses have been
j delivered up to us; but they are in a very bad
j condiiion. At this moment, inventories of the
2 magazines are taking. General Rapp is ap
| pointed governor of Dantzick. We ate now
i masters of that citv and port. T hese events
’ are a happy presage for the campaign. The
’ emperor of Russia and the king of Prussia
J weic at Htsiiigenbeel. They may have con-
S jectuicd the reduction ofthe place by the ces
f nation ofthe filing—the cannon could be heard
j as far.
The emperor, as a testimony of his satisfac
tion towards the besieging army, has granted a
gratification to each soldier.
The siege of Gruiidentz being under the
command of general Victor. Giuudentz is strong
on account oi it l - mines.
j ‘i lie cavalry of the army is handsome. The
divisions of light cavalry, two d'visions of cui
rassiers, and one of dragoons, were rev iewed at
, Filling on the 26th, by the grand duke of Berg.
Oi. the same day, his majesty repaired to Bis
cholfiswei'der and Stralsund, where he reviewed
Hautponlx’s division of cuirassiers and general
Grouchy’s division of dragoons. He has been
• much pleased with their deportment and the
good condiiion of their horses.
I The ambassador of the Porte, Sadi-Muhutn
j med Emen-Vahid, was presented to the cm
■ peror on the 28ih by prince Benevento. He
, remained an hour in his majesty’s closet. It is
Aid with certainly, that the emperor told him,
i that himself and the emperor St lint were hence
forward inseparable as the right and left hand.
All the good news of the success otTsmael and
. the W. Ilachia hud just arrived. The Russians
; have.been obligeti to raise ttic siege ol Ismael,
and to evacuate Wallachia.
CAPITULATION OF DANTICK.
After a long resistance, 51 clays of open
trenches, imperious circumstances rendering
j it necessary to treat for the surrendering of
I Dantzick to the troops of his majesty the ern
j peror ofthe Fiench, king of Italy, and those of
j itis allies, his excellency general of the caval
f tv. count K.ilkreuth,. knight ofthe older of the
• black F.ag.e, at ®ot St. Andrew, and the gene
i tal ot division Dvout, commander ot the legion
• of honor, and cross of the royal order of Bava-
I ria. chief of the general staff of the tenth corps
of the grand army, furnished w ith powers from
! his excellency marshal of the empire Lefebvre,
j commander in chief of the said corps, have
, agreed upon the following capitulation.
Art. 1. The garrison shall march out on the
27di ms'ant, at nine in the morning, with arms
and baggage, colours flying, drums heating,
lighted matches, two six pounders of light ar
i tiilery, with their carriages, each drawn by six
I horses.
I 2. The overplus of the artillery horses shall
I be gi\ en up to the disposal of the 1 tench ar
my.
3. The arms of. any kind which may exceed
the number of the sub-officers and soldiers
marched off, shali be given up to the officers of
artillery, who shall be designated for that pur
pose .
4. The garrison shall be conveyed to the ad
vanced posts ot his Prussian majesty’s army a*
Pil tau, passing through Nehrong, and in five
Uav’s march.
5. The garrison engages itself not to serve
against the French army, or its allies, during
one year, reckoning from the date of the capi
tulation. General count Kalkreuth, his high
ness prince Scherpatow, and all the officei
engage upon their word of honor to cause lh<
present article to be observed.
6. On the 20th, at noon, Ifakelsberg, th
ports ol Olieia, Jacob and Newgonen, shail I <
surrendered to the troops of his majesty, th,
emperor of the French and king of Italy, am
those of his allies.
7. The officers, sub-officers, and soldier
now prisoners of war at Dantzick, whether the
make a part of the troops of his majesty th.
I emperor, or those of his allies, shall be return
ed without exchange.
j 8. In order to avoid all confusion, the troop
| of his majesty the emperor, and those of hi;,
allies, shall t)t enter Dantzick, until such time
5s the Prusian and Russian troops shail have
evacuated it. Guards shall neveKheless be es
tablished at rie different posts, and a piquet of
soldiers in tie town.
9. The means of transports being insufficient
to carry awry all the baggage, there shall be
granted a toat to go direct to Bissau. iho
loading shall be effected under the inspection
of a French officer appointed for that purpose.
10. Officers dugenie and of artillery, shall cn
both ides le appointed for the purpose of giv
ing up and taking jtossession oi objects relative
to eacli party, without omitting the maps, plans,
&c.
11. The magazines, chests, and generally
every thing belonging to the king, shall be de
livered to the Fiench army. A commissary
shall be appointed for delivering the same to
the person furnished with power from his ex
cellency general Lelebvre.
12. The Prussian officers who were prison
ers on parole, and who repaired to their fami
lies at Dantzick ; previous to the blockade of
that place, may continue there until further or
ders front his highness prince Neufchatel, ma
jor-general—Nevertheless, lit order to enjny
this advantage, they shall he obliged to produce
a certificate from the governor, which shall at
test that they have taken no partin the dtdence
of the place.
13. T he wives of the officers or of others
shall be at fbetty to leave the town ; passports
will be delivered to them.
14. The sick and wounded shall he. left to
the humanity of his excellency marshal Lefeb
vre ; officers and surgeons shall remain a* well
to take cart of them, as for the observance of
good order and to provide for their wants. Im
mediately after their recovery they shall be
sent to the advanced posts of the Prussian ar
my, and erjoy the advantages,of the capitula
. tion.
14. An exact roll of all the officers and sol
diets. by regiments, shall be made out for his
excellency marshal Lefebvre ; the military
remaining in hospital, shall be registered se
parately.
15. His excellency marshal Lefebvre as
sures the inhabitants of Dantzick, that he will
use every exe, tion to cause property to be res
pected, arid that the greatest order shall prevail
in the gar ison.
17. There shall be sent to the respective
head quarters a superior officer, to serve as a
hostage for the execution of the capitulation.
His excellency the governor has designated
major LestOcq ; his excellency marshal Le
febvre has named adjutant commandant Gui
chard.
18. The present capitulation shall receive its
execution, if, at the epoch of the 26th at noon,
the garrison should not be relieved. It is un
derstood that in the interim the garrison of
Dantzick cannot make any attack against the
besiegers, supposing the case to be that live
latter would have lo fight on the outside of the
city.
Done at Dantzick, 20th May, 1807. ( Here
follow the stgr.ulv.res.)
BOSTON, July 23.
By captain Woodward, who arrived yester
day frem Nantes, Paris papers to the 15th of
June were received. Thc-y contain bulletins
of the grand armv to no. 77 ; the last of which
gives an account ofthe sunender of Dantzick.
There were great rejoicings among the French
on account of the fall of this important fortress ;
and the loss must depress the spirits of the
Russians and Prussians. No general battle
had taken place, but the fate of Dantzick will
hasten that or negotiations ; but oi the latter
we perceive nothing which bears an official
mark. The capitulation ofNeiss, besieged by
Jerome Bonaparte, is reported. There ate
many accounts from Turkey, which relate se
veral successes obtained over the Russians.
The reports arc various and lather confused.
It is said the British meet with unexpected dif
ficulties in Egypt. The conscription in France
for 1808, is tegresented as complete, and the
conscripts on their march. The emperor
still takes unwearied pains to strengthen his
grand army. Accounts from London in these
papers ate to June 4.
The following article is from the Paris Ar
gus of June 14.
Triesie, May 17.
Intelligence has been received from Egypt,
which states, that the looby of English troops
w hich had landed in that country were Under
the greatest embarrassment, the greatert part
of the beys, as weli as all the inhabitants hav
ing declared for the Porte and France. It is
also known that after the retieat ct the English
squadron which appeared before C nstuntinu
pie, different bodies of troops which were irt
syria, received orders to return to Egypt, ir.
order to oppose the English, whose design*
the possessions of the Porte were Voieseen
Hence there is eveiy reason for believing that
the latter cannot iong maintain themselves in
Egypt, even when they receive reinforcements
from Sicily.
The death of Elsi Bey has deprived them
if the sole support they had in thatcour try.
T he French papc.s contain at, official letter
o tlie minister oi toietgn a flairs, dated Siztovv,
day 6, announcing the retreat of'.he Russians
oni Giardzow towards Buchaiest on the 22d
t April, and that on the s’h of May. they were
vacuating Buchaiest and Wallachia to repair
<> ‘ oldavia. On the side of Ismael the Turks
ollovved, and attacked the Russians, 1 ICO of
bent were killed, 900 uken with a part of
neir baggage and artillery. Two Russian ge
erals are prisoners. The Russians were re
t ing towards Bender, the lurks still pursu
ing