Star. — London, England, 1814-02-05 00:00:00

AMERICAN PAPERS. EMBARGO BILL. This Bill passed, after some trifling aniendments and alterations--Yeas, 85; nays, 57. On the 20th of December, the injunction of se crecy was removed from the prior confidential pro ceedings of the two Houses of Congress; and the following is a copy of the Embargo Act : ACT LAYING AN KICSARGO ON ALL SHIPS AND VESSELS IN THE PORTS AND HArRBOURS OT THE UNITED STATES. Sec., 1. Be it enacted by the Senate and, House of Representatives of the United States of America in Congress assembled, that an Embargo Law be and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States and the territories thereof, cleared or not cleared ; and that no clearance be furnished to any ship or vessel, except vessels.in ballast, with their ne. cessary sea stores, under the immediate direction of the President of the United States and that the Pre sident be authorised to give such instructions to the officers of the Revenue, and to the navy and to the private armed 'vessels and revenue cutters of the United States, as shall appear best adapted for car rying the same into effect : provided that nothing herein contained shall be construed to prevent the de parture of any foreign ship or vessel in ballast, with her necessary sea stores, and with the goods, wares, and merchandizes other than provisions, military and naval stores on board of such foreign ship or vessel when notified of the Act, whose offic ers and crews shall consist wholly of such foreigners as "do belong to nations in amity with the United States at the time of the arrival of the said ship or vessel in the United States, and which shall not have nor take on board for the voyage any citizen of the' United States, ex cepting such as may produce a passport, therefore to be furnished under the authority and direction of the President of the United States. And all public armed vessels possessing public commissions from any fo reign power are not to be considered as liable to the embargo laid by this Act. Sec. 1. Be it further enacted, That no person or persons shall put, place or load on board any ship, vessel, boat, or water-craft, or into any cart, waggon, sled, or other carriage or vehicle, or in any manner attempt to convey any specie, goods, wares, mer chandises, produce, provisions, naval or military stores, or any kind of live stock, with intent to export or convey the same without the United States or the territories thereof, to any foreign place, kingdom, or country, or with intent to convey the same on board any foreign ship Or vessel, within or without the limits of the United States, or with intent in any other man ner to avoid the provisions of this Act. All such specie, goods, wares, and merchandizes, produce, pro visions, naval or military stores, live stock, and also the ship, vessel, boat, water-craft, waggon, sled, or other carriage or vehicle, on board of which, or on or in the sane may be put, placed or loaded as afore said, and also all horses, mules,.or asses, used or em ployed in carrying the same, shall be forfeited, and the person or persons so putting, placing, or loading the same as aforesaid, and also aiding or abetting • therein, shall, upon conviction, be adjudged guilty of a high misdemeanor, and fined a sum by the Court before which the conviction is had, equal. to four times the value of such specie, goods, wares, mer chandises, produce, provisions, military or naval stores, or live stock. Provided, however, that this section shall not be construed to extend.to any person or perans not being the owner or owners of such specie, goods, wares, merchandises, produce, provi . sions, naval or military stores, who shall first inform and make complaint to the Collector of the district ; and any informer or informers, not being the owner or owners as aforesaid, upon conviction-of the offen ders, shall be entitled to one half of the, fine aforesaid, when the same shall be received by the United States, and shall be entitled to a certificate for that purpose from the Court before which the conviction shall be had. Sec. 3. And be it further enacted, That the owner or owners, consignees or factors of any ship, vessel, or boat, which may at the time, when notice of this Act shag be received at the several. Custom-houses respectively, be laden in whole or-in part, shall, on notice given by the Collector,. either discharge such cargo or give bond with two or more sufficient sure ties in double the value of such vessel and cargo, not to proceed on the intended voyage or trip until per mitted to do so agreeably to the provisions of this . Act ; and if the cargo shall not be discharged within ten dais, or the bond given as aforesaid, the ship, vessel, or boat and cargo shall be wholly forfeited.— And the several Collectors are authorised in the mean while, and until the cargoes shall have been discharged, or the bond given as aforesaid, to take possession of such vessels, and to take such other measures as may be necessary to prevent their de.' parture. Sec. 4. And be it further enacted, That the Presi dent of the United States may authorize the Collect tors of the Customs . (when in his opinion it can be done without danger of the Embargo being violated, and under-Ana' limitations as he may deem expedi ent) to grant permission to vessels or boats .whose employment has uniformly been confined to the na vigation of the hays, sounds, rivers or lakes within the jurisdiction of the United States, or the territories thereof, to take on board, at any time, such articles of domestic or foreign growth* as may be designated in such permission—bond, with one or more sufficient sureties, being previously given to the United States, by the owner or owners, consignees or factors, of such vessel or boat, or by the master thereof, in an amount equal to thirty dollars' for each ton of the said vessel or boat, that such vessel or boat, during the time under the condition of the bond, depart from any district of the United States without having previ ously obtained a clearance, or until the master or commander ;hall have delivered to the collector or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel or boat shall'not, during the time mentioned, proceed to any other port or place than that mentioned in her clear. ance ; nor put any article on board of any other vessel or boat, or be employed in any foreign trade, and that on every voyage or trip the whole of the cargo ;hall be landed in a port or place of theVnited States, or the territory thereof, within the bay, sounds, siyera or lakes to which the navigation of such vessel is confined ; and the burthen of proot of this landing the whole of any such cargo hi a Mort or flac; of the United gt4tes, Sr the territory thereof, - within the bays, sounds, rivers or lakes to which the navigation, of such vessel or boat is confined, or in the ports br places mentioned in the clearance, shall, in case of any' suit or prosecution instituted on such bond for a breach of the condition thereof, lay upon the owner or owners, consignees or factors, of such vessel or boat, or the master thereof, as the case may be ; pro. vided such prosecution or suit be instituted within two years after such breach shall have been com- witted. Sec. 5. And be it further enacted, That if a yes-. sel or boat not having received a permission, and a bond not having been first given in the manner pro vided for in the next preceding Section, shall take on board any article or articles prohibited by this Act, such vessel or boat, together with her cargo, shall be wholly forfeited, and the owner or owners, agent or factor, master or commander of such vessel or boat, shall, moreover, severally forfeit and pay a sum equal to the value of the vessel or boat, and of the cargo put on board the same s Sec. 6. And be it further enacted, That the per son or persons whose names do or may appear as owner or owners of any such ship or vessel, either cn the certificate of registry, enrollment, or licence, or if neither registered or licensed on the last clearance, or custom-house documents issued before the passing of this Act, for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel, and be liable to the payment of all* penalties which hay be incurred by the owners 'of such ship or ves sel, by reason of the violation of any of the provi sions of this Act. 'Provided always that nothing in this section contained, shall be coiesidered to release any other person or persons from the payment of any penalty incurred by virtue of this Act ; and in case of any new register or licence being granted during the cpntinuance of this Act, or in case of the sale of any ship or vessel neither registered or licensed, a bond with one or more sureties to the United States shall, previous to granting any such new register or licence, or to recognizing the sale of such vessel not registered or licensed, be required by the collector in an amount equal to SOO dollars for each ton for such ship or vessel, to engage that such ship or vessel shall not, during the continuance of this Act, contravene or infringe any of the proyisions thereof: provided that nothing herein contained, shall be construed to extend to the owner or owners of any such ship or vessel, who shall have made a bona fide sale of such ship or vessel in any port or harbour of the United States, before notice of this Act at such port or har bour respectively, nor to the owner or owners of any ship or vessel in any foreign port or place, who shall have made a bona fide sale thereof before notice of this Act : and provided also, that such bond shall not release the owners and master of such ship or vessel, or any other person, from the obligation of giving every other bond required by this Act. Sec. 7. And be k further enacted, That the owner or owners of all vessels licensed for fisheries, or those bound on a whaling voyage, and having no other cargo than neces , ary sea-stores, salt, and the usual fishing-tackle and apparel, shall give a general bond in four times the value of the vessel and cargo, that they will not, On ing the continuance of this Act, proceed to any foreign port or place, and will return. with their fishing apparel to some port or place within the United Btates. Sec. 8. And be it further enacted, That if any ship or vessel, dur:ng the continuance of this Act, depart from any port of the United States without a clearance or permit, or if any ship or vessel shall, contrary to the provisions of this Act, proceed to a foreign port or place, or trade or pot on board of any other ship or vessel, any article or articles prohibited by this Act, suds ship or, vessel, goods, wares, merchandizes, produce, provisions, na val or military stores, shall be wholly forfeited, and if the same shall not be seized, the owner or owners, agent, freighter, or factors, of any such ship or ves sel, shall, for each such offence, forfeit and pay a sum equal to double the value of the ship or vessel and cargo, and shall never thereafter be allowed a credit for duties on, any goods, wares, or merchan dize imported by him or them into any of the ports of the United States, and the master or commander os such ship or vessel, as well as all other persons who shall knowingly be concerned in any such vio l:aim of this Act, shall each respectively forfeit and pay a sum not exceeding 20,000 dollars for every every such offence, whether the vessel be seized and condemned or not e and shall be imprisoned not less than six calendar months, nor exceeding one year, and the oath or affirmation of any :meter or com mander knowingly offending against the provisions of this Act, shall thereafter be inadmissible before any collector of the customs of the United States. Sec. 9. And be it further enacted, That it' any fo reign ship or vessel shall, during the continuance of this Act, take on board any specie, goods, merchan .dize, wares, produce, provisions, naval or military stores, the specie and cargo on board shall be wholly forfeited e end be seized and condemned in any Court of the United States, having competent jurisdiction, and every person concerned in such unlawful ship ments shall forfeit and pay a sum not exceeding 20,000 dollars for every such offence. • Sec. 10. And be it further enacted, That the col lectors of all the districts of the United States, and the territories thereof, shall, and they are hereby au thorised to take into their custody any specie, goods, wares, merchandizes, provisions, naval or military stores, or live stock, found on board any ship or vest sel, boat or water craft, 4 , here there is reason to be.. lieve that they are intended for exportation ; or when in vessels, carts, waggons, sledges, or any other car riage, or in any manner apparently on their way to wards the territory of a foreign nation, or the vicinity thereof, or towards a place where such articles are intended to be exported, or places in the possession of the enemies of the United States, and not to per mit such articles to be removed until , bond, with suf ficient sureties, shall have been given for the landing or delivery of the same in some place of the United States, whence, in the opinion of the Collector there shall not be any danger of each articles being exported er placed in the pow.tesion of the enemies of the United States • Sec, 11. And be it' farther enacted, That the pewers given to the Collectors by this Act to refuse permission to put any cargo on board any vessel, boat or other water-craft, to detain any vessel, or to take into their custody any articles, for the purpose of pre- Tenting the TiolAtion . of the EmbArra shall be OOP cited in eonfonnity% with 'such instructions as the Pre sident may give, and such rules as he may preecribe for that purple, made in pursuance of the powers aforesaid, which instructions and rules.the Collectors shall be bound to obey. And if any action or suit be brought against any Collector or ocher persons acting under the direction of, and in pursuance of this Act, he may plead the general issue, and giro this Act, and the instructions and regulations of the President, in evidence of his justification and defence. And any person aggrieved by the acts of any' Collector in, either of the cases aforesaid, may file his petition be-. fore the district Court of the district wherein the Col lector resides, stating the facts of his case, and there. upon, after due notice. given to tile district attotney, and the Collector, the said Court may summarily hear and adjudge thereupon, as law and justice may re quire ; and the judgment of the said Court, and the reason and facts whereon it is grounded, shall be filed among the records of the said Court, and if restora tion of the property detained or taken in custody, or permission to load as aforesaid shall be decreed, it shall be upon the party's being bound with . sureties, as is or shall be required to be taken in similar cases by the Collector, and not otherwise ; but if the Court shall adjudge against such petition the Collector shall be. entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the Court. Sec. 12. And be it further enacted, That it shall be lawful for the President of the United States, or such other person as shall be empowered for that purpose, to employ such part of the land or naval forces, or militia of the United States, or territories thereof, as may be adjudged necessary in conformity with the provisions of this Act, fer the purpose of pre venting the illegal departure of any ship or vessel, or ' of detaining, taking possession of, and keeping in cus tody; any ship or vessel, or of taking into custody and guarding any specie, goods, wares, merchandize, .produce, provisions, naval or military stores, or live stock, and also for the purpose of preventing and sup pressing any riots or riotous assemblage of persons resisting the Custom-house officers in the exercise of their duty, in any manner opposing the execution of ths Act, or otherwise violating, or assisting and abet tin:; the violation of the same. Sec. 13. And be it further enacted, That it shah be lawful for the public and private armed vessels of the United States to capture and seize on the high seas, or elsewhere, any ship or vessel which shall have violated any of the provisions of this Act, and to send ,he same into any port of the United States for adjs- dication. • Sec. 14. And be it further enacted, that all penal ties and• forfeitures incurred by the force of this Ac may be prosecuted, sued for, and recovered by action of debt, indictment, or information, as the c ise :nay requiie, and if recovered in consequence of any seizure made by the Commander of any public armed vessel of the United States; shall be d,,,tribtited ac cording to the. rules prescribed by the Act, intitolcd, " An Act for the Government of the Navy of the United States ;" and if in consequence cf :gay seizure made by any private armed vessel of 1.! , e States; shall be distributed according to the rules prescribed by the Act, intituled, " An Act concerning Letters of Marque, Prizes, and Prize Goods," and the Act in addition thereto • and if otherwise, shall be distri buted and accounted for in the manner prescribed by the Act, intituled, " An Act to regulate the Collec tion of Duty on Imports and Tonnage," passed 2cl day of March, 1799, and may be mitigate:t and remitted in the manner prescribed by the Act, intituled, " An Act to provide for mitigating or remitting Forfeitures, Penalties, and Disabilities, accruing in certain cases therein mentioned," passed 3d day of March, 1797, and made perpetual by an Act passed the Ilth day of February, 1800 ; and any officer or other person enti tled to a part or share of any of the fines, penalties or forfeitures aforesaid, may, if necessary, be a witness on the trial therefor : but in such case he shall not re ceive any part or share of the said tine, penalty, or forfeiture, but the part or share to which he would otherwise be entitled shall belong to the United States. Sec. 15. And be it further enacted, That the time during which this Act shall continue in force, shall not be computeli as making part of the term of twelve calendar months, during which goods, wares, or mer chandises imported into the United States must be exported, in order to be entitled to a drawback of the duty, paid on the importation thereof. Sec. 16. And be it further enacted, That nothing in this Act contained shall prevent the sailing of any private armed vessel duly commissioned by any foreign power in amity with :the United States, nor of any vessel of the United States, duly com missioned by virtue of an Act,, intituled, "An Act concerning Letters of Marque, Prizes, and Prize Goods," • passed 26th day of June, 1812: Provided always nevertheless, that it shall be lawhil for and the duty of all officers of the revenue and customs of the United States, and they hereby are enjoined to examine, search, and effectually ascertain the amount land kind of articles all vessels about sailing may have on board, so as to prevent their taking any cargo or other loading than the stores, provisions, arma ment, furniture, and equipment generally proper and necessary for such vessels. Sec. 17. And be it further enacted, That when ever it shall appear on report made by any Collector of the Customs, by any officer of the Customs, revenue officer, or other person, that any private armed vessel has on board any article or articles whatever, goods, wares, merchandize, or cargo of any description, in tended for trade or traffic with the enemies of the United States, either directly or intermediately through any neutral or other person or persons, or for exportation, it shall be the duty of the said Collector, and he is hereby authorized to seize all such goods, wares, merchandize, and cargoes of every description, and to have the same landed forth with to be proceeded against as forfeited to the Uni ted States. Sec. 18. And be it further enacted, That in all Such cases it shall be the duty of the District Attor ney of the United States, for the District within which the said proceedings shall take place, to proceed in due form of law for the condemnation and forfeiture of the said articles to-the use of the United States. Sect. 19. Andbe it furtherenacted That in all cases sof condemnation as aforesai d, the Captain or Com manding Officer, and each and , every of the owners of such private armed vossel, shall be fined in a scup not exceeding 1000 dollars each. g0.....And 1 it fwther enacted, That. this Acti shall,be in force frog4nd-after the passing tbtreof,.l • until the first city of January, in the year of dui' Lora 1815, untesr a cessation of hostilities between the United States and Great Britain and Ireland and their dependencies shall take place before that day ; on which event, and any other event that shall in the opinion of the President render the termination of the embargo hereby imposed compatible with the public interest, the President of the United States is hereby authorized to declare uy proclamation, that this Act is to cease and to have no effect. (Signed) li• CLAY, Speaker o f tie House of Represettative:. J. B. VAKIJUII, President of the Senate patorpore. Dee. 17, 1813. IAMI:s MADISON. The Embargo Act was precoded by a long Mes sage from the President, assigning the reasons for the measnre. The principal of these was, that th' Com. mercial and Navigation Laws thenia force were 01 a tendency to favour tl:e British, and thzreby proluni; the war. Supplies of the most essential kind, tl.e Message states, found their way not only to British ports aid British armies at a distance, but the armies in the neighbourhood ; and even, in many instances. the fleets and troops infesting the American coast were accommodated and encptiraged by supplies.— On the other hand, British goods found their way into American ports. It .was, therefore, to remedy evils like those, that he recommended the adoption of she Embargo Act. (FROM THE NATIONAL INTELLICENCERI EXTRACT 01' A' LETTER TO TIII; EDI MR OF TIIE ALBAXI ARGUS, DATED EDIT Al" DEC. 25. • 46 On Sunday morning last, the British troops crossed the river, about four miles above Fort Nia. gara. Two companies of regulars proceeded and took possession of the fort, by surprise or treachery, without opposition. The Indians then began their hellish work, by burning the buildings, and plunder ing, killing, and scalping the inhabitants. On the river, and from six to eight miles on the ridge road, they have not left a house or building standing from the fort to Schlosser, ex,r..ept one owned by Mr. Fair banlcs,-a Federalist of the Boston stamp. " On Friday, I proceeded with thirty mounted volunteers to Lewiston. 'The sight we there witnes sed was shocking beyond description : our neighbours were seen lying dead in the fields And roads, somehor. ribly cut and mangled with tomahawks, others eaten by the hogs, which were probably left for the pur pose, as they were alm )st the only animal found live. It is not yet ascertained how many were killed, as most of the bodies were thrown into the hurning houses and consumed. We fouod the bo dies of William Gardner, Deputy-Sheriff; John M. Low and Ezra St. John (velose families cannot be found), attornies ; Dr. Alvord; and six others whose names I have forgotten. 66 We have now about 3000 rratia, w:th some In. s'ians; and in three days we shall be 5000 strong, and all determined to cross." ADDITIONAL PARTICULAItS. —The express who ar rived on Sunday evening, states; that Mr. Pommly , s Muse, and three or four others at Bialaloe, wept spared ; that a Mrs. Lovejoy was murdered by the enemy ; that General Hall had retreated to the Ele ven-mile-creek, and the British had returned to Black Rock.—The particulars of the capture of Niagara are variously related ; though, frail the facts stated, there can be no doubt that there was the most repre hensible negligence on the part of the garrison or its Commander. It is stated, that the inhabitants of Youngstown, &c. were on the alert all night, expect ing the enemy ; that rockets were discharged on the American side, as signals to the enemy. The Bata vian Paper adds, that the Commander left the fort between twelve and one in the morning, and went two miles to his farm ; and the Ontario Repository states, that on the night of its capture the gate of ths, fort, for the first time in several years, was left un fastened ! The garrison, though small, were compe tent (such were the strength of the works) to defend the post against treble the !Amber that went against it. FRENCH PAPERS. PARIS, JANUARY 241. To-day her Majesty the Empress Queen and Regent received in the usual manner a Depotatioa frorn the Officers of the National Guard of Paris. Marshal the Duke of Cornegliano, speaking in the name of the Deputation, presented to her Majesty the following Address : •• MADAME—His Majesty the Emperor and King has deigned to permit that his faithful subjects, the officers of the national guards of his good city of Paris should place at the font of the Throne, the ho mage of their love and of their fidelity. •• It is thus, Madame, that they have endeavoured to express them : " Sire, in setting out to place yourself at the head •-• of your armies, your Majesty confides your beloved wife, your son, the hope of the nation, and places the safety, the tranquillity of the capital, .in our love, • our fidelity, and our courage. • " Sire, your noble sentiments have penetrated to the bottom of our hearts—how much it is to be I wished they could have been equally heard at the ex tremities of France I " Still full of emotion, and penetrated with grati• tude, we find it requisite to express to your Majesty the sentiments with which we are animated. 44 Set out, Sire, with security—let no uneasiness; respecting the fate of what you have, of what we have I most dear, trouble your great thoughts; go with out ' children and our brethren to repulse the coalesced enc. mies who are ravaging our provinces. 44 By the strength of your armies, and the power of your genius, we will unite the force of the public • ; spirit, which the dangers of the country reanimate ; the power of the national pride, which is indignant at the insolent pride of strangers ; and quickly will the enemy acknowledge the imprudence of their enter. prises, and the illusion of their hopes. " Sire—Fifteen years ago you saved France ; You Will now save it again. 40 Your Armies, already numerous, will iticrca3 1 i • INN Ire.