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About The Savannah museum. (Savannah, Ga.) 182?-1822 | View Entire Issue (May 7, 1822)
*"* ‘ ‘ THE MUSEUM. METEOROLOGICAL JOURNAL, Krpt at Sai'annuhj ‘ Jipril 29 ft May 5. -tii Ie * g £• BEKABKB. y? r *■ all? - - jit 69 in by B Clear <29, 12 15 e bv w. “ 3 76 east “ 675 8. 8. TANARUS, “ Ia 70 s, s. e. Clear .30 12 77 *. “ ‘ I 379 “ “ |£ 75 s. e. “ I 872 s. .E. Clear, 31 12 79 “ I 381 “ I 677 “ “ Bi 7! *, e. “ dowdy 2, 12,84 k. by s. Clear 382 8. 8. e. “ 680 8. 8. E. “ _____ ~ t ~ l "~S 77~7. by w. Clear .3 12 83 s. 8. w. 3 84 a. “ 6 82 s. 877 a. by w. 4 12 84 a i. w - I 385 i | 681 s Showers with lightning “wT* 8 1 76 .w. Clear. 12179 w. 3jßo “ “ 6;82 w. s. w. lighting from .8. . ter ‘—=r±7^- — -rrrrz r From the Charleston Courier. LAW IN lELUUENUE. The followiug case is important to the mercantile coin inanity. Although the cir cumstance* embrace! in tt differ material ly lintn those of tlie United States v. Ly man, decided by Judge Stout, Ist vol. Mason Reports, page 482, yet it wdl be perceived ‘hat Judge Johnson differs-from Judge Sto*y in the leading doctrines of that cose, which wag, that the importer of good* is liable to action of deb', in behalf of the United States, for toe duties on his good?, independent of the remedy against ti e bondsmen and his security. Wr.ited Elates Y Suit to recover duties from the v ;. vs- > importer of goods secured by the Jl fich'ael Kelly, j bond of a third person. lt h ti:at u shipment ni goods was j nwle lo tins detendsnt iu a vessel des'i'i- , ed fob Savannah. Upon advice of her , arrival there, K applies to C. to recommend a correspondent in Savannah L> enter, , bond, and forward to him these goods. J. | C. recommends U. antrC. requires securi- j ty of K, which C takes accordingly, made ( payable to liinmtlf. Then bonds the goods . anil M. beoomes hi* security tfi the Custom t House- Irl the ritesn time U. becomes in j debt to J. C. and fail*. He and M. are sued , on their bond* to the Custom nous'.*, and | judgment being obtained, they are both indulged by the government with time. J. C. then, in order U cover the balance due him by C. credits C. with the amount se cured to him by K. although the latter, it is admitted; has n actually made payment. C then, wishing to save M. in preference to J. C. prevails on the District Attorney here to institute a suit against K. llu* no portei ; sin.e, if the amount of duties should be tints recovered, M. would be credited by the U. S. and concluding that if [£. be compelled to pay the U. States, it will be a bar against C’s. recove ry frein that, in essence, this is a suit between M. and C. for precedence against K. and instituted at the instance of C. to give precedence to M. K. is thu the stake holder, anil is forced into this court by a muni;..il suit in liehaif of the United States;because otherwise the coii* i must, as between himself and J. C go in ti the state court, as they a> e both citizen of tills stat •; and the 0. Siate# are in--de to take part in n squabble between mer chants, arising out ot va. iou* transaction* which probably originated in this agency es C.—and if K.. were insolvent, the gi>- vermn -it w uld he as*ering a right of preculenre against his creditm*. which they never could h.v e guarded against bv any vigilance or precaution on their part. This statement of facts ha* been brought out in-the deforce; ami It is contrnded Ist, That the U. States cannot maintain thi> aciiou against the original impmter at all. 2 liv, Not after taking .bonds the ilu’ie*, because tha’ aniuuu s t;> a relinq rishnicnt of the debt, if any eve; existed as against K. 3d!y. That uodei the peculiar circums.-ances of this case, such a suit ouglit not to be main tained, since K.. has assumed anew res p * isibiliiy, & J. C. hits in fact pair! the deb* fir K. to 0. thereby malting him his own debtor in equity, as lie previously was in law, by the form in which the security was given by Iv. On the first and second points, I should feel no Uiilioulty, had not ad reisi on been made by a learned brother, in a similar cas 1 , in f i v or of the U. Stales. But. tha’ der}*ion is like that which I am now pro ceeding to give, a Nisi Prius decision, ami therefore of no authority until reviewed by the Supreme Court. I must, therefore, coitsid th point as an original one, am! as sucii I am of ae opinion, that the U. 8. have themselves decided the question fur us. We are n-t to lo;>k too readily on these r'i>i‘'!aß.'. in o the principles ol the Isiirh Esch” I’l-r Courts, nor lean too much to apply those decisions to our own fiVancinl ad ministrations, ftis timeenougi to do this, when our own peculiar -ystems <];> not affiri! u* lighf for our f-u*tsteps. C will respect a learned decision Trt*<n whatever quarter it conies; but no peculiar comity is duo to court* which probably would net saffer a deci#ie efl our* to tie read at their bar. In the preaent case, it appears to me peuectly clear, that, whatever may have been the powers of Congress, had they chosen to exercise’ them, they have not made the owner or importer of goods liable in the first in stance for the duties imposed by their re venue laws. The express words of the 62d section are ’‘That all goods, wares, or merchandize, imported into the U.S. shall for the purposes of this act be deem ed and held to be the property of the per- ’ son to whom the. said goods, wares or merchandize may be consigned.” So that although the actual owner or importer were on board the vessel that bears the goods,'or at the port of delivery; if con signed to anoiher; they are, foi all th* purposes of the act, held to be the property j of the consignee. But is a consignee to be | charged with the duties, independently of any act of his own ? May he not decide whether lie. will receive the consignment ?’ Or, must he remain liable for tb> duties,! although consumed within the time allow ed for entering them at the custom-house ? j The fact is, the policy of *he United States 1 ha* been to look to the goods themselves the payment of duties ; and, theiefore, the gvernment takes into ilc own possession all dutiable goods immediately on their arri val, and suffer* them to be ransomed in a mode prescribed by its own law. It not ransomed, the goods certainly continual liable; but the Collector, as the agent of j the U. States, is entrusted with the nego-j ciation for its ransom; and after he has; taken the bonds, with security which he deems sufficient, 1 cannot conceive that the United States have, by any legal provision, extended tins liability of the consignee fsrthei. There is one provision of tliia act which furnishes an almost unanswerable aigument in favour of this cnnstiuction. i mean that which declares that importer may in lieu of senility, leave a deposit of goods in the hands of the C Hector, ade quate to the satisfaction of the duties on the whole In this case hr i* requited to give his bond for the amount of the duties; but why give this bund if an action of debt can be maintained without it? It would make no change in hi. liability; es pecially as it is perfectly well known, that in practice this bond is always signed in blank. This view of the q jeslion precludes the necessity of considering the hearing of the peculiar circumstances of this case.*-- But they furnish a -Liking illustration of the dangerous policy of ri ming back upon asuppo-ed original statutory liability, in stead of resting upon the express contract, by bond entered inm with the U. S. Up on the principles of the decision in the Court be!"W, it must have bpfii against the defendant, though it had be >n made to appear tlix f K. had actually paid in cash to C. the duties for which the latter had be come resnonible to the Treasury. Judgment reversed. From the Washington Citv Gazette. SPAIN AND SOU i H AMERICA. Authentic and interesting. Melamed of the Commission* to whom it was referred to report t the Cortes on the state of the Provinces of Ultramar, presented Kt b. 12, 1822. The Commissioner has mediated ma turely and circumspectly on the proposi tion of die Ministers of Ultramar, and af ter having heard him, ha* considered the diverse circumstance* in which the pro vinces nf botlt Americas are at present, and may be f>und hereafter; the fruitlcss ness and ineflicacy of the commissions that have been directed to the government es tablished in them; and possessed with the noble desire that the same may not a gam, with the waste of public treasure arid sacrifice of humanity, occur, is of opinion that the Cortes should 10-e no time in con side: ing the proposition of the ministry, since it will bp a consequence of the re subs; and in order to to obtain (hem, the government and the commissions s it. e lecfs, ought t be authorised to hear, and to transmit to the legislative power, every class of propositions, be they what they may ; at the same time it judges that the national decorum, A the protection which in justice is due to the European and A tnoucsn Spaniards, cal! for the establish ment of a basis, useful and conducive to the Welfare of the Spains, Before fixing this basis, and that it may be as productive to the common felicity a', policy and the national honor iequi r o. the commission lays clown the fixed principle, thu’ this new, g and, and legitimate path fo’ pacific communications being opened ail treaties be esteemed of r.o value nor ef ficacy that have been formed between Spanish chiefs and American government, which ought to he undestoud as null, s* ihey hare been, for their origin, as respect* the acknowledgement of independent, in fcgmuch a* they were not authorized, nor could such authority be given them, unless by previous declaration of tie Uories. The commissioners may hear all the pro positions that may be made to them, in order to transmit them to the metropolis, excepting such as take away, or limit in any manner, the absolute right ol the Eu ropean and American Spaniards, residing in whatever part of the Ultramarine Pro vieces, to remove and dispose of their per son*. families and properties, as they may think proper, without being opposed by a-j nv obstacle or measure that might prove| jurious to their fortune*. With this ex-1 planation, the commission reproduces its aaterioi diefanaeuf, antT the cortes Will re solve what may be most proper. [Signed by Espiga, Cuesta, Alvarez Escuden, Toreno; Moscoso, Oliver, Murphy, Navarrety, Paul. The particular vote of the SeDor Oliver, proposes to add the following cause to the dictamen : That it ought to be undertood as not affecting the responsibility, which persons, I whoever they may be, tnay have incurred jin this affair, nor the rights of the Spanish nation, represented by the Cortes and the King.** The particular vote of the Senors Mos eoso, Toreno, and Espiga, proposes the following additions to the dictamen: ’ Ist That the Cortes declares, that the | treaty, called that of Cordova, celebrated betwen Gen.'O’Dohi ju, and the chief of the dissidents in New Spain, Don, Augus tin fturbide, as well as any other act or }stipulation relative to the recognition of Mexican independence by that General,are I illegitimate null in their effect* as to the (Spanish government and its subjects. *• 2d. That the Spanish government, by declaration to all others with which it has friendly relation, make known to them, that the Spanish nation will legaidatany epoch, as a violation of the treaties the re cognition, either partial or absolute, of the j independence of the Spanish provinces of j Ultrnniar, so long as the tlessengions, I which exist between some of them and the j metropolis are not terminated ; with what ever else may serve to convince foreign governments that Spain had not yet re nounced any of the right* belonging to if,in those countries. •■3d. That the government be recom mended to take all possible measures, without any delay, to preserve and rein force those points of provinces of Ultramar that remain united-to the metropolis, obe dient to its authority,or that tesist the se paration from it by dissident*; proposing to the Cortes resources it requires and ate! not at its disposal. 4th. That the Cortes declare that the provinces nt Ultramar that have declared their independence of the metropolis, 01 do not acknowledge dp fa to the supremacy of the government of it, ought not to have de puties in the Cortes during their continu ance in this state.” The additional vote of Senors Mitrphy, j Naverel, arid Paul, to the anterior dicta J mep, states, that it is their opinion, that in! case of the approbation by the Cortes of rhe; dictamen of the Commission, they should not approve the additional votes presented by some individuals of it, as being contrary to the ends proposed by tv>e same commiss ion, but should put in execution the mea sures included in the dictamen without de lay, witiiout prejudice to what the ordion iy Cortes may oportunely resolve upon, whatever else they may esteem convenient. After a short d'ncu*tt’on, wheth.tr the dictamen should be discussed by itself or with the additional votes, it was determin ed that the dictamen of the Commission should be ftt discussed. During the dis cussion* propositions to the following effect were presented by the Sen or Solanot, viz : “That the Cortes, with a generosity pe culiar to the constitutional system by which we are governed, and for the general inter, est of the Spaniards of both worlds, declare the independence of all tho se provinces of both Americas that actually are *0 at this day. on condition that each one of those . governments pays an annua! subsidy in re , compense of the rights whicii aie/enoun ced; that a treaty of commerce be formed on the bases most convenient to the recip rocal interests >4 the Americans and penin sular Spaniards; that all hostilities be com pletely suspended, until this treaty is com pletely approved; fiat all the Spaniaids who may w ish to retire to the peninsula, may do *0 freely, with ail the funds belonging 10 , them, without being obliged to pay any du ty whatever; that any Spaniard wiio wishes to live in America shall have preserved to him die enjoyment of all hi* rights and property; dial every Spaniard who may have been deprived of hi* property and of his rights, in consequence of the ’anterior disturbances, shall be reinstated in them, that all the wealth and property belonging to European Spain shall remain at its dis posal, and be removed to the Peninsula at 1 the expense of America; that all the troop* that are actually in America belonging tnj European Spain shall be maintained inthe , same points at the cost of the American • governments, until the satisfaction of this . treaty; that European Spain may dispose of! 1 the naval force -t has in America; and that thare be established a can federation compo . s.ed of the American governments under 1 the protection of European Spain upon the , basis that may ue most convenient, and i guaranteed us may be accorded.” i Senor Munoz Toreno demanded, that . the author of these propositions should withdraw them immediately a9 be had no 1. powers to authorize his making them, or if he had, to .exhibit them. The Cortes occur, ded, that these propositions should pe with drawn, as contrary to the powers given to them by the constitution. After considerable discussion, the Cor , tes approved of the dictamen as proposed . by the Commission. On the following day the particular votes were discussed, and decided as follow*; That of Senor Oliver was notadmited to a vote. | That of Senors Mnscoso, Espiga, and To |reoo— the three first articles approved and the fourth withdrawn by its author. CHEAPER TH AW EVEIt Just opened at the most reduced prices, at PETKR DHKGK’S Three doors south of the Post Office. 70 pieces fine quality Oznaburgs, at l.’i eti per yard 100 do extra do Strelitz do at 14cts Plain and striped Russia drill, of the first quality, §1 pr yd Vigonia Summer cloth, for coals and panta loons, 62i cts pr yd Frenrh Russia drill of all colours Superfine 6-4 cotton cambric, 12 yards for Fine Men,s white and coloured Sox, % pair for a dollar. l.adira white silk Stockings $1 50 pr pair Gentlemen’s eristic long silk iloze 100 ps fine and extra Irish Linen Irom 5( cis to Adi 4-4 wide 10 cases extra quaiur wwter proof broad & narrow brim beaver Hats g 7 50 7 do second qualitv from 2 to £4 AISO, 30 PACKAGES Os the mast fashionable Gentleman and Servant's Summer clothing made in the newest s'yle. Consisting il Searsucker, Russia drill, wbiU Jane French Nankeenet, Canton and Nankeen Crape Blue and blrck Florentine Bombasine and Camblet Pantaloons Searsucker, Gingham aud Bombazine(,round Jackets Bornbazetie, Bombazine, Searsucker, Ging hams and Flanel Coatees English Florentine, white, coloured and Va lencia Westcoais Fine and extra fine Lined and Cotton Shirt* with and without frills Servants corderoy round Jackets and Pan tdoons of all size* Marino 1 1 arts ana draws for Summer Flannel do do A great q.-ant'ty office and extra fine, Gen llemen’s fashionable ■ oats do single and double mill’d Pantaloons of all sizes and colours A great qni ntiiv of Duck Trowsers ar.d Shirts for l.ab’ ror-. 88 ai ril 13 Soap. Candles. Oil. &"c. FIF l V boxes brow ■ SO At’, landing and will be solu low—apple to DANIEL CARNEY, Jr. Who has aho for sale, 40 boxes Spermaceti’ Candles 30 cases Sweet Oil 50 bids aiiperfiiie Floor 20 boxes Nn 1 Cln>cobite (Raker’s brand, A few bales ’’hid Gov’ s Do. packages Apothecaries Boxes t Do ev es ;r.ei>’* Summer Shoes, See. aprn IS 93 l. C. Griswold, & Cos. I Ijfrrs fo* sale c.t Taylors’ i ‘haf, 65 bid* prime Beef 15 do Mess Fork 44 do Ale 20 casks Shot assorted size* 31 fir kins Goshen Butter 40 keg* Richmond Tobacco 20 kegs Rose Nail* • 2 elegant Gigs, with plated Harness. m >v 2 I*4 Corn ajloat. 2300 bushel. CORN, just received and for sale by HALL ft HOYT. nay 2 104 Sega i£. 33,000 very superior ‘‘Del Pino” SUGARS just received for sale by JOHN LATIIRBP Sc CO. april 29 101 Landing from sch. Sea-Lion. 50 bid: t.in 40 bbls FoUiees—for sale by aunt I, *1 * v re, Notice. Savanxab, 30th April, 1822. 4 T a Baltalirn Court of Enquiry held this a day, the following resolution passed : Hesolvcd, That the clerk be authorised to publish the names of defaulters of the 6th Bat talion on Ihe 18ih ult. and that they bo notified that ten day* will be allowed for the payment of the fines—after which executions will be is sued and costs incurred. In. the life Company of the legion of fte’iub lican Pines —J. Parks, J YV Cannon. W M‘Gir ty, - M Dover, J O’Connor, M Pendergart, Matt. Simpson. In the I. fantry of the Legion of Republican Rives —A Fowler, J M Gugel, j. W. Sims, T Roberta, E Lufbcrrow. In the 3d company commanded by captain Mai foni—Sergt C A Higgins, corporal A Dashiell, Wm C Wayne, It R f.’uyler, Cosgrove, N B Weed, Jones, O Wotherspnoh, J Magee, J ti Reid, lilV Kimble, Se:h Jones, J Carr, J G Shultz, Hamilton, Jlt Ring, Lowell Mason, J P Setze, O Vanderpool, Stephens, J Carruthers, J Pendergrast, —. Allen, F. Hathaway, N. Fisher, J Neville, Wm j Hale, J C Darning, G F Palmes, A Thompson, A Champion, J II Gifford, J Pritchard, S. H. Fiske, J Douglass. in the 4th eompany, commanded by captain J j Mills —Sergt. .1 S Bulloch, A G Miller, ! Davis, Wm Gaston, H B Gwathmey, B Guile man, A Bartow, F Aiken, I Norton, J Chauck | ley, Sanders, Hynes, Davis, Crocker, % Ciark, L Clark, Jack son, G Penot, J M Russel, J Williams, G Kryle A Stewart. Wm. S. Parker, Dunciay, .1 Everson, J Beard. N Skiff, EToby, 1 Al exander, Hunt, Hail, J Chanatt, Hazleton. In the Artillery division oj the Legion of Re publican lilues — I’ R Broom,|E J Waldburgh, J Morel, J Lawrence, AVetmore. The above persona having made default in the respective corps to which their names are attached, in conformity to the resolution of the court of enquiry, I give them notice that if they do not within ten days from this date pay their fines, I shall proceed to issue executions a gainst them indiscriminately. WM. BELCHER, Clerk of the Ist Kegt. Geo. M. mav 8 204 Notice. THE Subscribers have again united their in terest in business under the firm of LAWRENCE (J THOMPSON. JOSIAII LAWRENCE, WM, H. THOMPSON. Savaanvh, Mty tst, s* Vor Havre, , jpgig? The British brig ALERT, Sspfj Jg2j£McDbUgall, will commence leading j„ j few days and have quick dispatch. For faieik of 250 hales Colton, apply to 8 V MT7F.L WRIGHT. (Cj-Neithei Capt. Mcfioiigall, r.or the cor signee, wilt be accountable lor any debts cm , traded by the crew. may 2 Vov Greenock , Tiie fine British r-hip iIOMKR, Bob* Her, master, (daily expected 10 x rive) having the greater part of her cargo al ready engaged, will meet with immediate dio patch. For frtight of 200 hales, apply to JNO. It. li£iU s CO sprl) 27 100 For New-York, The packet sch. SEA LION, O. Puts or, master, will im e! with dispatch For treight or passage, lias nig good an oi.ino dations, apply to capt. P. on board, a t j„„ ts r upper wharf, or to IS ALL IJ HOVT. apiil 24 97 For Liverpool. JiP) The British ship UOKBKF, R master. For freight or nasssge, i ply to A L MOLYNEt ’x. Persons are cautioned against crediting *>f the crew of the above vessel. 100 ‘ For Havre. THE fine Danish Ship Aurora, M, 0, EJslf Meyer, master, having nearly ah ), a / c argo engaged ar.d ready to go on board,—for Freight of 100 Bale* Colton or Passage— at,ply to capt. Meyer on board r.’ ‘ iliamsong \v‘ii*-,F 01 t PK i LUSEN & Cos. may 1 3 For Boston , The sch. ELLEN, Capt. St an wood, have quick dispatch. For freighE ot jo bales cotton, appiy to april 27 E. WILLIAMS y CO. For Liverpool , The superior coppered ship COLUM i'VX Vv iilitun Burroughs, master, hav. ii.g the greater pari of her cargo engaged, will be dispatched immediately. For freight or pa*, sage, apply to MITCHELL A BARTLETT. v V)i<> have for sale on beard said 6000 bushel- SALT. april 8 83 Passage for St. Johns , E. F. 1 JpF&L Tim sloop CYM HIA, Capt. Henry will sail for the above mention eu place, about tbe 10th inst. andean aecotni modaie a few passengers—apply to PALMES & ECE. may 4 n For Norfolk and Baltimore, The packet sloop EXPRESS, Ming, .■Sfeitfe ma.-ter, to sail on Sundry morning, 5i inst For passage, apply to the master on board, at Bolton’s whan) or to’ HALL tt llOYf. may 4 n For New-York. 4% THE fine Ship ASIA, John Barry, master, having pan of her cargo eu-. gaged, will meet despatch.—l'he Asia has iiau her Cabin fitted up in a (.upurier nianoer for Passengers.—For freight or passage—rpply to capt. Barry on board at Jones’* upper Wharf or to PETERSEN 4<f Cos. mav 1 3 For New-York. THE sehr ECHO, cupt. LamphUr, i Having (gtely undergone a tluAougb repair and the principal part of the cargo ben g already engaged, she will be dispatched in aU nest week. A few more pa-sengers can hu aeconimodated. Apply to the captain on board at Bolton’s central wharf, or to april 27 e RICHARDS It BANKS. For Boston, THESchr FEMBUCA, Dealing, ras:- ter, will meet with dispaich,—far Freight or Passage—apply to the master oa board at the Exchange Wharf or to ISAAC COHEN. ‘ may 1 e 3 Com Peas, ajloat. 3,500 bushels prime Corn 160 do Peas, for sala law if taken from Iba voszel In Store 100 bundles Hay 1000 do Oats, which will be sold at a redu ced price if immediate application be made to SALMON ARNOLD, april 25 98* licltvns central wharf. Hay. Bundles prime ll*v, landing from ship Asia, for sale bv ‘ C. C. GRISWOLD Sc CO. april 30 5 Prunes. BFST quality of Prunes lobe had at Drege’s Cheap Store, at the low rate Ot 4 dollars 50 per box. april 30 2 In Council, Savznxah, May 2, IG?? rSF.SOLVF.D, that on Monday the 13U> inst- I an Election be held at the Court-House in the city ot Savannah, fora;.’ Alderman to supply the vacancy occasioned by the resignation <p Alderman Wabixo. And it is further Resolve, that the City .Marshall attend said eleclion t* preserve order. , Extract from the Minutes. JAMES S. BOND, Clfc. pro tern may 4 105 i *i Notice to Travellers. PERSONS travelling to Augusta by the way of Mill Havrn and Coutteau’s, will keep up tits old road from Jacksonborought, 2 tnilft aud three quarters, and then take the light hand road, as the former road which takes <>■ at Jacks tnhorough, is stopped up, and a sign i3 put up at the forks of the road, may 4 §ni Stores to Bent. fFIEN Tenements in Gibbons’ Brick Build. I ings, to rent. These Stores will be com pletely finished by the Ist of May, and will be rented low to approved tenants. Aprdv to ’ *prF6 a E. B. PAIfE MAN-
