Darien gazette. (Darien, Ga.) 1818-1828, July 05, 1819, Image 2

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PROVISIONAL ORDONNANCE Os the (General Congress of Venezuela, for the direc tion of the executive power of the republic. Simon Bolivar, / ireaident , &‘c. ir/icrea* the national congress has decreed the follow ing ordonnance, for the conduct of the exe cutive department of thegovei ament thatistosay: 1. The supreme command of the military and naval forces of the republic, their organization and discipline conformable to the rules hitherto existing, and till congress shall determine other wise, shall reside in tlr president of the republic. 2. The executive wall nominate to all offices and functions of the republic, until congress shall, by a special law deteimine which of the public trusts shall rest in contress itself. 3. The president b the chief of the general administration of the republic. , : * 4. the president is ‘/barged with the preserva tion of order and iraiiptility throughout the re public. 5. It shall be his dtty to lay before congress all complaints agiinstbefSons charged with high crimes, felonies, misdemeanors in office, and mal versation in office, usurpation or neglect of duty, or ineomfietency to firrform the functions of sta tions to which they may have been appointed. 6. From this obligation are excluded military crimes, which arc to be determined by the crim inal code, until congress shall finally establish the classification of the penal code. 7 lie appoints and receives all diplomatic agents. 8. lie conducts all negociations with foreign nations, forming treaties of alliance, commerce, and all other affairs which may be necessary to the good of the state; subject however to the ap probation and ratification of congress. 9. He is charged with the promulgation and execution of the laws anddecrees of congress, and shall affix to them the seals of the republic. 10. lie orders the execution of the sentences which may be pronounced by the congress, or by the judiciary power according to law. 11. In cases of an extreme nature, he may, having just and adequate cauec, suspend execu tion of sentence, and refer the case back to the tribunal which passed sentence; and in case the tribunal adhere to its sentence, it shall be his duty to refer the case to congress, avlio will finally decide. 12. In respect to humanity, thp executive is authorized to mitigate, upon reasonable cause, sercre punishments, to coin mute them for milder punishments, or to pardon, even in capital cases; but in the latter circumstance, the judiciary shall he consulted, and remission or pardon shall not take place, but when their information authori ses it. ,< 13. The president is authorized, when he may deem it expedient, to publish a particular or general. amnesty, as it may appeal* to him best adapted to the state of the country which maybe in possession of the enemy, or as the measure may tend to terminate the war. 14. The president shall give to congress, or its acting committees, faithful and exact periodi cal reports and information of every description, discriminating between what may be made pub lic—and what may be raised from present pub lication in order not to interfere with the public interests. 15. The ministers and heads of departments whom he may nominate, shall give without de lay to congress every information that may be .required of them under the preservation of what is excepted in the preceding article, of which congress shall be*the judge. 16. He shall grant letters of marque and re- ‘ prisals, conformably with the law of nations, ad hering to the form', at present in use until con gress shall establish new forms. 17. Asa sum;, a;y regulation, the president shall be invested with authority to raise troops and organise them, ad to receive*persons from foreign nations, appoint tiipm to duties and sta tions adapted to then quaftfi ationsj and diree.f; their distribution; and ho< snail form cont acts to sustain the armed force by sea and land. Given in the national palace; of lMth F*brua-H ry, lßl'.i, and ninth of itulepeiuh nee ‘ E. A. fcttA, cel dent of ’Congress. ! Attest—D. 11. Uki>anf.tr\, arcrrtary. This act was communicated to the executive i the same clay, and proclaimed by the executive on the 25th February. Simon Holivar, See. PliOV/StUKIL F.HT.IIILrs/W'E.YT OF Tftr.DE l\ iA’ TMJL YTS O F . IDMf. \ ‘IST R. i t}( ).V. It being necessary to give to the public admin istration a provisonal and efficient organization- ; it is decreed as follows: 1. The administration is arranged into three departments: viz. 1. That of tate and finance, “3. Marine and war, f>d. Interior and justice. 2. Each of these departments shall bo under the direction of a secretary of state. 3. 1 he secretaries arc, for the state and finance, sen’r Manuel Polaoias. Marine and war, colonel Bhisf.no Mendez. Interior and justice, I). B. Ukbaneja. 4. The attributes ol those departments shall be regulated in detail by a special decree. The same shall be printed and published for general information. Oivcn in the national palace of Angostura, 27th Februa ry, 1819, and ninth of independence. S. 110L1VAR- P. 13. Mendez, secretary of state. PROVISIONAL ESTABLISKMF..XT OF THE JUDICIARY POWER. Hk The judiciary power of this republic shall in one court which sfrall hold th'’ r:.pi::.U : :ul in such inferior m ‘ 1 .h The qualifications required to be appointed to the functions of a judge, are, thyf he shall be of the age of thirty, a resident citizen, of fair re putation, and an approved lawyer.m , 4. Members of congress may be nominal ted to the judiciary now, under the present circumstan ces. •6. The judges shall hold their appointments till a constitutional ordinatiori may provide other wise. 6. ‘Hi supreme court shqll ta]k.p cognizance I of all co'hiplaints brought before it) as well from ministers, ambassadors, consols, or diplomatic agfcntS; previous notice having been given to the secretary of’state; they shall receive appeals from the- decisions in other tribunaLf and Com plaints against any members of other tribunals who may be removed by congress,jor by a dele gation thereof, in conformity w ith tic sth article: they shall he also competent to takje cognizant of transactions Which refer to treaties in confor mity Avith the 3tfiarticle of the ordnance, provi sionally establishing the executive bower. 7. The courts shall take cogmz;\iv;<qpf all ap peals from all the inferior tribunals; without ex ception. ‘ f ■ 8. None of the sentences of punishment pi*o ouneed by the inferior tribunals, shall take place’ without the prci-k>ua4KMnctitm or the supreme’ 9. Thpy |haijAalp rtijlnzance of cases of sup -10. An attorney generai ofifijbe republic shall be created, to sfasuuu th® laws tjuid order aq the* part of the public. V. \ . 11. The counts in the exercise of the functions to'the few sand or dinances now exiting, until wise ordain# ¥ 12. AW the sentences’ of the court shall be founded on some specific law, applicable to the cas*. A\. 3. The court shall nominate all its officers. 14. ThO court shall form rules for the* dispatch and t pJiducl ing of business. JK 15. The coqrt shall have the duty of examin ing the qualification of lawyers, who must after wards present tUp decision;* of the courpr to the executive, prior to jtlipy^crciso^rn/functions. !fi. seal of ibe affixed to all ther acts. Given in the fta,iotip|Gl'ir<\ u.nißfctura, 25th Fqbrua lo . 1819,1$ ninth %em\ . P. B. M \. ■ • . 4 The subject of CnUa is yet b|jre t republic,, but no evi deneg ‘has yet been |svon of of Cuba to. tic British empires^!is sure that such a project has been noticed in%jiiba, and had become topic oEeorAersatfon, and that the re port reached Jamaica, but Avhether it had reached Cuba from England or tyjain been determined. The existence of an English fleet in the neighborhood, might he expectjjjf-at a time when commerce had everv evil tpanre bend. We are to be convinced lyy djig|Beiara tion of this eventfw hich wifi, not i° llow n o k ;tl, and nothing in of Europe u the fact only wt an .*’ ■ ■ t . ..a hen the British < v,edition v ■ qailjfe Son'it.was the ardent w i .u of #n rUsii ‘|ects,fiprthiSff?X pedifion sU|ut(l be to Swinish .colonies in an evening news pap c vtfftv y > al> 1 y vindicate&sychqjphh 6f opera -uxH, and the letters containing it whs circulated m h pamphlet. But the English writers, after the disappointment, became favorable to the visit to Amei ica, and considered whether sir ■Home Pop ham and general Wlfitelock’s cxpcdition bad not discouraged the policy! of it. The advantages to 1 he gained in Ajp&ictv ‘from the presept'slate- of I Spain, have never been forgotten, and the gteat i ness of the acquisition is rather.an evidence of its ; ti uth, tjian a setious cause of doubt, as the object lias long been vtiWphd with regard to future ad vantage, ai.d the ppportuni y only Avas wanting,] while the eagerness of expectation has made the bolder demand. Small Requisitions would nos imsWer the public wsfthegoT the public necessi ’ ties, and if* Spain- is assured of the possession of any doubtful territory from, the relinquishment of any territory it may claim in Amci;ica, it is pos sible for the*only Iwfpt of a part, Spaip m£v suf fer the Epgfish to make their,own division with her. The nature .of the nfrtrme strength may Rad the British empffie to prefer the Islands to any part of the contirtent, ‘ not only as more e&s? to dtfend, out as creating that /marine strength it may employ, ami as the .Etiropcans first discover ed t}ie Islands, it may he believed these will be the last in their povver. At this moment much is said oPlhc gi'eater activity in Sjiain, for the ex pedition to America, and the belief obtains that some foreign ncgoeiatiofiS have been more fa vorable to the Spanish designs. At the same, time tfie former report is again abroad that some -cession of territory upon the Great Ooean had bcollSttade to Russia, die un)y maritime ujiiver in Eul-opg^ifehdes the ippimand it, and it is the only part of of great use to Russia, aiid of litdE ‘ le P res^nt st: te of -he Spanish ‘id pain. Tluq many voyages by Rus sia, and the tlSnidM^i^t css-’ ful the settleniciks fol the purposes ‘ of coimneree in the eastern pll'ts of the Russian empire, have taught the Rusabs to consider more than ever the future value of its discoveries and claims.—And of all the countries which com bine many advantages, and which have been re peatedly the objects v of commercial attention none are in a more ndglccted state than those which California includes, .though it have all the advantages from rivers irid bays and shores, and is laid in a situation to profit essentially from the ce, Jfc&ctedSa* |?e in iui.iieial)boili%id. j, should the isthmus of America be opened by aj canal between the Atlantic and the Great Ocean, j Humboldt informs us that he had seen-in Spain,, in the archives of Madrid, several French and English memoirs on the possibility of the junction of the lake Nicaragua with the Pacific Ocean, and he observes, the commerce-carried on hv the English on the coasl of Mosquito had greatly contributed to give celebrity to this plbject ofi communication between the two seas. We mky recollect, also, that the extreme ppint oftaliforr,iu from the Spanish port of Acapulco, the seat of the Spanish trade from M£jUco*wtih the great ocean, is not six degrees of and not nine of longitude. has been to .Mexico, on the west, not moro. valuable than Florida on the east. Fop’the two Californias>: have in their population but twelve thousand; a numhev less than is given tonight cities in New Spain, and not half of the numbep given to any other government \n thdt country. -It was t||s coveved, and’above a century forgotten; aud it was, at its Bitter discovery, found tof have been a part of the continept. Its climate has been mel-e celebrated than but at is allowed, where I springs and soil arc foqnd the fertility is immense. Thej-eligious orders establislied it afford, its history, but the greatest uhstacWftr. its prosperity has been its government. The spil of New California is as well'watered and fer tile as that of Old California is. re presented of! a contrary character; butlluifibolut tells that*above a century and a half, passed from the time the coast was -survt'yed before the Spaniards occu pied it, :uicl then observed, the court of.Madrid dixsading lest the maritime powers of Eu , fope s'lould fi)i m settlements on the tiorlh-wci coast di America, which might become danger ous to the Spanish colonies, gave orders for the session, butrjnuch more for themselves Spain, as Spain has had more jealousy of their .fiistory oftne coutttry than any other nation. Fieri mot be )tioi*d useful to us than California nfkay''hecpme to Russia, unless of the Un'nva might be thought to separate these Russian settlements in their early history. No nation is in a better condition to prdiit from the present of Califorpia than Russia, whatever may be tne real fate of’ this long ne glected country. “We have ventured to notic| this effcintt-y, not froiri any evidence we have oi •any cession,. but bteause, in the great events ot \mcrica, it.becomes us to suffer every part of the country to puss in frequent review, that all its may be known and seasonably secured, as Louisiana has been, the west coast of America | and lately rlorida:—That nothing may escape till it become too dear -a purchase, while there are such great adventurers in the market, that fur oui lore-thought we may have the gratitude of pos terity, iLnot thc applause of the present genera tion.. The waluc of Cuba is from its commerce: and la,st hundred vessels were at one port in that island. Sugar and coffee Averc ex ported in great amount, as we have already no ticed. It gave the royaf revenues that year fo#f millions; oik#fifth more than in any former yelffV. In-/aiiuary last, 81 vessels sailed fi pm IlavaAa, and of these 32 belonged to the Unkccl States. The revenue of Cuba, in 1817, fas three at*d g, half millions of dollars, and in that hundved vessels had been at Havana. Inthe month of-Sept. 1817, in J 3 days 15, ships arrived with ‘ between three and four thousand slaves. These facts are sufficient to explain'tluf value pf •t'h.e commerce and the measures to support the > labor which produces it. At the of this century, its population was reckoned afdne sixth of a million,Andl a sixth part of the who|e were slaves. Havana has about as great a popr ulation as Boston. It is cmitcssed that the island is still capable! of great improvements; but rt is a iich jewel in the crown of Spain. It isai(l to havb#ddedathird to its population since the dates we have mentioned. SPANISH NEWS, t i Qur , from per the ‘ShepJjerdess,’’arrived at New-Havcti|, * 28th of-April. The king*of Spain,4bmemmcTn that month, called his council together, to ad vise with hcm on tiie subjecl of his revoßed col onies,, and desired them'ail to express their sen- 1 tiinerits without any reserve; accordinglf?*22 of Ahp mejnbers recommended a compromise with the rdVoJutionists-whiclt so exasperated the jdhg, tlmt notwithstandinAlie had urged them to,gi\* their opinions freely;, 1® immediately distnissed them from pis segyiCe! A ‘majority cil Viere in favor of the ■ war. Turn captains navy, (brigadiers of marine) have refusing to tak'fe’ coipmand of 74’s destined for Lima—arfn yie-kitrg says, that all shall be broke ivh® refusf, in this critical slate of his kingdom/to perform theiy duty. Sincp the arrival of the last frigate from Vera Cruz with monev,i(tboUgh it was all private pro peVty) flic expedition at Cadiz has ‘made suing progress.: About 40 English transports have ar rive# fi om England, to’ take troops, (under pri vate contract) which’ with the Russians, Danes, Swedes and French, before employed, will make the armada a confederacy of dll the noly allies. This docs riot look much tike neutrality—though it was whispered that the English had orcpirtxj to capture all vessels under ’ flag, ha|'iog troops, See. on board, to be employ ed againkihe patriot. \ The SamP’fettiEqido'f mid Alexan der Ist, (74’s) sM|d Diana frigat\, ‘‘(44) were ex pected to sail froki Cadiz for Lima, on of about the 6th of May, fiut would troops —we shall not be surprised to'hear cause of this was—because the go. It is stated thlit the king contitiuea'to grant ex clusive licences to trade, as a means of raising money—to import the produce of his colonies in pto the kingdom, in on paying i the &ame duties as are paid in national vessels— i to import flour into Havana, in foreign bottoms, upon paying half the present duty—which, with enormous forcecHoans whenever money arrives from the Indi q and two lotteries per month, con stitute almost the whole system of finance from which ;he resources of the empire are derived-- whilst in several parts of it, bodies of armed ban ; ditti occwpy the country, plundering ail titty -meet, murdering many, and in some instances have, in parties strong, laid towns uufimr cotitrrhutionl We furthssr mam, thakMr. Wm. D. Robinson, who was formally, clemancn-d lif- the governor of ■Cadiz, <>till enjoyed his reftige at Guhraltaivas Mpverncki Dwrnjad r.nyiifCsted ,110 tiifinos-tiOTf to 1 autftorize his bging arrested in coin'd', miiy to tins ■fettraominary mandateAl/ rf*lk IMfoidjJnne 21 • .^ : |r —^ ITR ACy AND RE VOCT. The followqni is im to be a more cor rect acoounte than, those published of the pro ceedings instituted £gainstjhe*men lately arrest , cd from on boarditlre Spamsh brig Fortuna: j * It?is saiefthat the privateer Julia de Forest, with a crew of 90 Vnen, mostly •shipped at Baltimore, sailed from thence on a ll cruize last January, com manded by one Wilsqn, a Scotchman. After va rious adventures, and making four other captures, she took on the 10th of April, off Cape St. Vin cent, the Spanish brig Fortuna, houndffrom Ha vana fijfr Cadiz. t The officers and passengers, ■ among yiem a SpanisH'.colonel and his family, were spoliated of their a considerable amount, and. plate. TheciTtvof the Spanish vessel, and Ear captain, Gaona, were taken out, and two prizw-niasters and five’ meSi put on board sos her, w ith orders to take her Jo Margucritafor condemnation. The Jufia de Forest asserted a Buenos Wyris commfssion. Bu; k, the principal prize-master, is of Rhode- ISfarid; Davis, his mate, of this city; and of the five men, one of therfi is an Englishman, one an Italian, and three Americans, tw r oof them of Philadelphia; their names are James Keyset-, And ‘Gw MuriAy, William Scott, James Spur, and Thomas Broli or Furfey. When arrived off Marguerita, Davis, the second in command, with the help ol tne grew, (except Scott, avlio appear ed the least ac|]ye in the revolt,) took the com mand from Burk, and steered for the Windward Islands, intending there to dispose of the property -for their own use. Owing to their ignorance of navigation, they were not able, to make any one ofHhe , W indward Islands, and then shaped course for this country. EjjSt Thursday, they arrived off Egg Harbor, 4 withßurk in -confinement. During uie*nig!>t, ibetween Thursday and T'tiday, Dai is twok the boat to go ashore, for tiie pTTrpe>su copif ig to Philadelphia, and pVocuring a vessel, ifftßNlhich to tranship the cargo from the Fortuna, and im port it here—The Fortuna was to be scuttled and sunk. Instead, however, ofb Fng landed on the Jersey shore, as designed, Davis, through igno rance, was left on an island uninhabited, and cut off from the main bj a etreight four wide. It is possible that he may be there yet Soon after he was landed, the pilot from the Eagle pi lot boat boarded the Fortuna, and being privately apprized by Antonio Joaquim Spence, (the origi nal Spanish boatswain, who had been left on board at the of the real situation of things, the pilots/brought the Fortuna into the Delaware, and up to the city, where she arrived yesterday. The five unfortunate men were not informed of their predicament, till actually arrested at the ,wdiarf, and were conveyed to prison by the mar shal and his deputies, in hackney coaches, to u void a doncourse of people. They stand coni *mittcd to be tried on the charges of piracy and re volt, which are capital, besides several misde meanors. — Phil. Democratic Press , June 16. From the J'ldla ldj>t;iu Democratic Press. THE AND THE BRITISH A gentleman Avhose connexions are naval, whose oppoftmyites? of information on such sub jects aie good, whose veracity is unimpeach fable,J^tsw. juj|t ell led and told me that a respect afile gcntlefimn from Baltimore, inform ed him that just before he left that city, thei'e was, a rumofflSiWfet a arrival in the Chesapeake from the Mediterranean, had brought advices, that the British squadron in that sea, had directed the U. Su frigate G tie me re to lower her peak *ts she passed the squadron—that com. M-Donough iutd refueled to comply, and that in consequence tue ‘Squadron had fired into* and been fired upon by she Guerriere. >yj tell the as it has been told me: I hafve neither added or diminished. I give it to thejmblic to exercise their judgment and Aveigh probabilities upon a rumor, which how ever unfounded —and we sincerely hope it is wholly unfounded —cannot but excite the keen est and most anxious’feelings. REMARKS. f W r e have no dbubt that the editor of the Press rqlated this tough rumor precisely as he heard it: no commander of a British squadron would order a United States’ man of war to degrade herself in this manner, and no commander of an Ameri can squadron would so attempt to degrade a Bri tish man of war—unless they were insane, or wished to be cashiered. We do not attach the least credit to the rumor.— Ed. Free. Jour. A FAIR OFFER FOR A CURE FOR HARD TIMES. a full estimate of all you own, and all tharis owing to you. Reduce the same to note. If you cant collect, renew your notes every year, and get the best security you can. Go to busi ness diligently, and be industrious—lose no time —waste no idle moments—be very prudent and economical in all things—discard all pride, but the pride of acting