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ov?'l’ produce to th* tbt colleftor of
the port from the veifel had been
cleared wt.h such goods, wares, mer
c : iotd!fe or cargo, a certificate of the
relanding es the proper port; on fail
ure whereof, the bond (hall be put m
fait; and in every such suit, as we?l
as in-ev.ery.Xuit inflituted on a bond;
qriven fora voyagn from or to New-,
Orleans, judgement (hall be given j
against the defendants, utilefs proof
fiill be given of such relanditig, or ofj
J.jfsof the veil'd -at fca. 2Jut neither
capture, distress, or any other acci
dent whatever (had be pleaded or giv
en in evidence m any itch suit: iJn
,icfs such capture (ball be exprcfsl.y;
proved ter h ive been hofiie, and fuel;
datrefs or accident occasioned by no
regli-unce or deviation, nor u..l;fs
such vessel (hall have been from th
Covninencement o’ the voyage, wholly
Xi;i*?igated by a tnadcr, mate or mates
rbanuers and crew, all of whom fhal :
fce citizens of the United Slafes, rv
urn Ids such mate or mates, mariner*,
tod crew, alt of whom (hall ifhvinj
/ and the proof of h ir death fn.il! li
<>„ die defendant) he produced on th.
trial, anti 1 worn as competent wi'nsfs
<rs, nor uolefs such mailer, mate 01
mates, mariners and c;ew, (hallhavt
fi 7 ned a (hipping paper in due fern
of law, and a copy thereof defxgnatin*
fpcciallv the mailer, mate or mates.
jdri tiers and crew, and their perman
ent places of residence, (hall have
bocn lodged with the collector of tin
port, to whom the bond aforefaid fnal!
have been -given, before the commen
cement of the voyage, and fubferibed
and fv/orn to, by the mailer before
fetch collector; and any mailer who
f.yfdy, wilfully, and corruptly.fwear
as to the facts contained in such copy,
{hall, on conviction, fuff:r the pains
e.. i penalties of perjury. And in eve
ry fair mlii'iued on a bond given as
a I off fa id, the defendants pay ail coils,
ii they iiiall not within limited
time have produced the certificate of
xv ! nding to the coll , dor of the col
led or of the proper port.
& /Ivi'l hr J'tvtf>*v pnnTfed,
1 hat no rcoiUercd or fca letter vaiel,
although in baljaft* rliall receive a
cl ar'ascc, or be permitted to depart
from any per’, of the United States,
ijnltjfs the f ith |bond {hall have been
srevioufiv tvtn which is required
ft MTI vcff< U licensed for the coaftmg
tnufe, before thsv are allowed to de
part. And if any such ship or veffei
fhJl depart without bond having been
given as aforesaid, the said (hip or ves
ie 1 (hall be forfeited ; and the owner,
o cf.ers, agent, coniignee, faftor, and
rrotfer or commander ol such ihip or
Vidl'd, as w Uas any other person Con
cerned in such, prohibited departure,
{hall be fable to the fame penalties
irnpofed by law in the c.Te of veffei s’
licensed for the c- aUing trade depart
vithout bond having been gives?, or
without clearance, hs aforefaid.
Sec. 9 And be it further enetted,
That the collectors Oi all the diflritls
of the United States, (hall, and they
are her; by authorised to take into their
cultody fp *cie or any articles of do
medic growth, produce, or manufac
ture, found on board of any ship or
vtli'cl, boat or other water ciaft, when
there is r;afon to believe that they are
intended for exportation, or when
there is rcafon to believe that the y are
intended for exportation, or when in
vdfeb, certs, waggons, lleighs, or any
other carriage, or it; any manner ap
parently *on their v;ay towards the
v rTitories of a foreign nation, or the
vicinity thereof, or towards a place
whencMuch articles are intended to be
exported ; and n ot to permit such ar
ticles tobc removed until bond with
fuffi.-lfV sureties fit nil have been giv
en for the landing or delivery of the
■fame in fume place of the United
’States, whence, in the opinion of the
coßrftor there (hall not he any danger
’ of such articles being exported.
Sec. to. And b: it[i>-ther enefted,
That the powers given to the collec
tor, either by this or any other act re- J
(peeing the embargo, to lelusc per
million to put any cargo on board any j
vdfel, boat, or other water craft, to
detain any vefid, or to take into their
cuftocy any articles for the purpose of
preventing violations of the embargo
(hall be e a craft’d in conformity with
such ioftruc;tor sas the proficient may
.ive, and such general rules as Ik
may prefcr.be for th.it purpole, made
;r pu-rfeunce of the power aloiefaid ;
which’ ud'rußit'-s and general rules
.he collegers (h. U be bound to-ob v
■ynd if any action or suit be brought
.rginat nay collector or other, jic.vao .
•>tirr tfidcr the directions of and in
pursuance of tins aet, he may .pleat: the
general issue, and give this act arm tne
istructioi'is and regulations oi the Pre
sident i:t evidence lor Ins. justincvtiori
ad defence. Ami any person aggi lev
el by tlie acts of any collector in cither
of the eases aforesaid, may file his pe
icicn before the district court or thy
istrict wherein the collector resides,
rating the facts of his case, am i there
pon, after due notice given to the dis
net attorney and the collector, the saiu
court may summarily hear and adjudge
hereupon as law and justice may re
quire, and the judgment of said court,
and the reason and facts whereon it i>
grounded, shall be Sled among the re
cords of said court; and if restnratio.
of the property detained or taken in
-custedy, or permission to load as aiorc
said, shall be decreed, it shall be upo
the party’s giving such bond with sure
tics as is or shall be required to be tab
en in similar cases by the collector, am
not otherwise ; but if the said com
shall adjudge against such petition, tin
collector shall be entitled to treble cost:
which shall be taxed for him, and ex
edition award;' 1 *-v.uu,.mgiy in m
court.
Sec. 11. And he it further enacted.
That it shall be lawful for the presi
dent cf the United States, or such o
th.er person as he shall have c mpower
:d fcr that purpose, to employ such
•rartof the laud or naval forces or mili
tia of the United States, or of the ter
itories thereof as may be judged ne
cessary, in conform” ty with'the provi
sions of this and other acts respecting
♦he embargo for the purpose cf pre
■’ enting the illegal departure of any
r .hip or vessel, ov of detaining, taking
possession of, and keeping in custody
any ship or vessel, or of taking into
custody and guarding any spicie or ar
ticles of domestic growth, produce, or
manufacture, and also for the purpose
of preventing and suppressing any
armed or riotous assemblage of per
sons resisting the custom house officers
in the exercise of their duties, or in
any manner opposing the execution cf
the laws laying an embargo, or other
wise violating, or assisting and abett
ing violations of the same.
Sec. 12. And be it further enacted.
That all penalties end forfeitures in
curred by force rs this act, unless here
in before otherwise directed; and all
penalties ?v.d forfeitures incurred by
force of the act, entitled “An act lay
ing an emborgo on all ships and ves
sels in the ports and harbors of the
United States,” or by virtue of the
several acts supplementary thereto,
may be prosecuted, sued for, and re
covert and by. action of debt, cr by in
dictmentor information, any law, usage,
jor custom to the contrary not with.
; and if recovered in cons?.
:qwrp,ce b? any secure ntsdc \ry tnc
commander of any public armed ves
sel of the United States, shall be iclisti i
buted according to the rules prescribed
by the act, entitled “An act for iht
government of the navy of the United
States,” and if otherwise, shall be dis
tributedj and accounted for in the man
ner prescribed bythe act, entitled “An
act to legs date collection of and uties or. |
imposts and tonnage,” passed the se
cond day of March, one thousand se
ven hundred and ninety-nine, and may
be mitigated or remitted in the manner
prescribed by the act, entitled “An
act to provide for mitigating or remit
sing forfeitures, penalties, and disabili
ties accruing in certain cases therein
mentioned,” passed the third day or
■ larch, one thousand seven hundred
and ninety-seven, and made perpetual
by an act passed the eleventh of Feb
ruary, one thousand eight hundred. 1
nd any officer or other person entitled
•' O a pji tUi :\Ualf*. <jV .... . ,V~ j; ,
renaities or fin .features aforesaid, mav.
if necessary, be a witness on the trie;
therefor, but in'such case he shall not
cccivc ...y part or share of of the-said
T‘*e, penalty or forfeiture, but the pm t
>r share to which he v.ouid otherwise
he entitled shah revert to the United
States.
Sec If. A i<& be it fur,’he* enacted, !
Fhat the pruddtnt oi the U. State,
e, and lie hereby is authorised to
■ir;-, arm and employ thirty vessels,
ot exceeding *ntonnage one hundred
■\u tnirty tons each, belonging to citi
zens of the United States, and so many:
camen as shad be; necessary to ‘nan
he same for immediate service in in
arcing the laws of the United States
on the sea coast thereof, and to dismi-o
ie same irom service whenever he
■hall derm the same expedient. Pro
vided however , That such hiring, arm
ig and employment shall not be for a
<ni exceeding one year. And the
;id ships or vessels when so hired and
•rned, shall be employed under the
■ ircction of the secretary of the trea
;u’ v.
iv. jsneede itfurther tntreted,’
i hat the powers given to the president
f the Uiii'ed chutes, by the seventh
ection of the act of March thetweiith,
>ne thousand eight hundred and eight,
o grant permission to.citizens having
property of value in places wvhout (hr
jurisdiction of the United State;,, to
iispatch vessels for the same, shah
henceforth cease.
VEC ’ ‘ />,na lt .further enacted,
1 hat >i;is act shall be in force from 1
and after the passing thereof, during
the continuance of the act, entitled I
“ An act laying an embargo on all ships
and vessels in the ports and harbors of
‘lie United States,” and no longer.
j.b/varnum, I
Speaker cf the Home of Repre
sentatives.
GEO. CLINTON, Viet President of
the United States, and President
of the S mate.
Jam 9, 1809. Approved, j
Til: JEFFERSON", j
Sheriff’s Sale.
O'l the fit ft 1 tie! lay in February next,
will be fold at ibe Court. u .the
Ctty of Savannah, between the
hours cl io aiu! 3 o’clock,
ONE NEGRO MAN namtd JOHN,
to be iolcl as tt.e property ol the e|.
tate of the late Robert Dillon, under an
execution founded on a foreclosure of a
mortgage.
JOHN EFPINGER, S.C C.
t*
INTELLIGENCER.
SAVANNAH :
FRIDAY, JANUARY 2% 3FC.R.
Boston, jnruiry r
On Wrdnefdhy bft, the fehooner Jar.c, Cap.
Hail, in 3<i days hom Oporto, went ashore 0B
George's Ii!a;ul, in this bay. Capt. Haiiarriy.
ed in town yeiterday, and hates that eight cr
ten days before he failed, it was reported at O.
porto, that an engagement had taken place ]- e .
tween the Spaniards and French, near i arr >.
lana, i:i which the Spaniards were defeated w". fi
the loss of men. That Bonaparte was
on the frontiers of Spain, at the head of an sr .
my of 300,000.
Capt- H. informs that various opinions wore
entertained of the truth of this rumor, and that
no official account or confirmation had bt-rn
received before h s departure.
we uuiijwu caiiiu.t ne wnotiy coiw.rt f.. f Vm
oral realms. Palafox's army, which ir.uft hv
been the bpanifh force engaged, did nor comi t
of more ‘than 15,000. It would be cif,cut rat
of them to kill 30,000. Again, gentlemen :n
town have received litters from Oporto, bv the
Jane, as late as the i’sth of November, vv’ij fi
(now mentionofihe circuslfiance. Again ; ten
| days before Captain Hail (ailed, was as eadv is
) Nov. Aid. Allow the battle to have been av.•;
i prvit.us will bring it to the 15rh. Bonapr-ue
was at Bordeaux on the Sid, and there was no
account then of any reinforcements having re
cently entered Spa in.
But is very possible ; there tray have been a
partial battle ; but the report, in all its cite -
fiances, confident g the time that had been p fl
ed at Oporto, without any corroboration is :.ut
to b credited.
[On the above news, the editors of the A\u
rora observes, li.at although we have no to bt
that the result of a regular attbon multfce.-, ■ \
33 ; • dated, (hould the Spaniards have the bl r.f.
nets to engage in that wav ; yet we cannot g e
credit to tins for two reasons ; vrjl hecaule ve
suppose the Spaniards have feme judgment, and
would not therefore, hazard ail in a general ac-
I tion. Secondly, because we do not think the
[ French armies had alt arrived, and formed ffi
| euly as between the 10th and ISth of Novem
i bei ,• and any sflion, such as above dated, nmft
| have taken place between thole dates, to five
i been heard of in Oporto alter the late advices,
j and te# days before the 29th of November.
x tie mu ch into Spain could not be like the
march into Ulna in 1 <ios ; tor even then R.
parte was two weeks at the head es the airry
before any thin” more than an afliou f the net
ports took place , he left Paris on the -£c>ci f
September, and the fir ft adiL-n was at Vv er.in
gen on the Bth of Cdtober.
Neither can the ‘movement” that preceded the
battle of Jena, in the year 18 Go, be taken ;•> a
precedent, for the tnovcme.-rts of the J.x l pont
r.ad been made fix weeks before he left Parts ;
that is in the middle pi Adguft ; he crofted toe
Rhino on October 1, and the battle of Jena wia
on the !4th of .October, fix days after the ft X
movements in the fit id, which was on the tth,
after a proclamation.
i Now Aonaparte was at Bordesuxon the Sd
of November; and although -an action with <1
ten days after would be perk fitl y congenial w” h
j.liia tadtics ; he provisions cf the army* in Spam,
j the tianfportation of provisions ru m France, a. i
‘ the diipofiticn of the troops for afitive operano s,
could not rave been accotnpkftied within eight
j ees days, by any thing iefs than a miiA-uious
! power.
This rumor, however, may. have itsufe, it i*
only probably intended to take off from the
, force of what rosy be expedted to arrive, and to
‘ prevent any fhofck or difrriay, at an event -Wa s
! anticipated— io far so good.]
Baltimore, Jantiajy 10.
j Yafterdav arrived frcnxCaiiifle, a detachment
!of the United States troops, computed oi d:i
----! mounted dragoons, infantry, and riflemen to the
amount ct about GOO, with eight baggage wag
gons and camp etpsippage, tinier the command
of lieutenant-colonel Bifiei, Afterentering the
citv, they’ marched through v few of the prir.cr
i pal llreets, and then pursued their journey to
j Annapolis, where they are to embar K on board
j the tranfperts for New Orleans. ‘1 h) extreme
| severity of the weather mutt have fubjedted thede
| youthful warriors to extreme hardships iu the in
! cipicncy of-,their military car j, . r. ‘i he command
iug officer partook of the ha ig.t : cf m.-rcHirg
; and the endurance of cold iu common with tne
! privates, - affording them a nol le example of
j patience and perfevcrixce in th ir country s ftr
i vice,
1 A pafu nger in the Britiftt schemer J>r.ea r *
rived at New.Y.uk on the 23d ult. obligingly
;'coir.nßunwated the following paiticu'ajf.