The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, August 15, 1807, Image 2

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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