The British Press; or, Morning Literary Advertiser. — London, England, 1809-01-12 00:00:00

team STATES. SEItITL—ot c Lantz 9. ---.. BIT. Gnu s from a Committee appointed in the Senate, yesterday reported " A Bill rushing fur ther provisions for enforcing the Embargo.' Accompanying the Bill, were the following let tar te, sad mower from, the Secretary of the Trea sury. The provisions of the Bill are generally cor respondent with the reminmendation* of the Se cretary. Committee fbisetbat, Now. Is, tene t DEAtt SIR—.-1 MD instructed by the Committee appointed to cousider the several Embargo LILY", &c. to request you to ley befone them, with as little sielay me pooeible, such information as your depuit. meat alfordi upon the following questions :... Ta s s...triiat logeeeral woad b rust access% is prevent. lag We tdolii4otr of ovules' of the ....era Embargo Laws ; omit eefeeci4s-dmaeleenreece tlagreuf Seemeascas of Me beic aim oecateoces of the present 'ye t • be reasedied Ir *o th er 'modifications ; seed Whit 11166. .illliiii•S wash brat *est f , . if leaseJ, Sir, to acceptation:sneer ()fly high . ' ties and regard. • Pligatd) , W. B. GILL. . .14a. Aibert Gallatin. Secretory of the Tiesrcry. Tremor, Depraieut, N.... Je, tem. fin—lndisposition has low/elated au Ciifiler an swer to your letter of the 1.401 instant. For better preventing coasting vessels regularly cleared from violating the embargo, two measures appear necessary ire. That the nowast ditty 13o;ids should be increased. it*. That neither capture, &Opus, et say other accident elieviiii be ailkuitted .s.l a ptca, or begtven is evidence en trial. .11y tilt lira regulatiou.the temptation of going to a foreign port, is hopes that the profit on tie sale of the cargo will indensoity for Ms forfeiture of the penalty, will be done avraf. By the second, every expectation of escaping the payment of the . penalty, cadet trnudultat pi...tem:L.', will be 'limp. rotated; and the power of ,rcinstfing the nenattira, .as the few eases of kniavoi.lable accAent emith may often, will remain WI heretofore, and us in other , 01204 with the Treinhur -4 the object of those two reg Illations will he to • ;mho the nomd a ialriciesit and compie:e seen, ite, Shag will born a tendency to relieve, in a co:wider *hie degree, the coasting trade. from the income- OifrOCO reselling front detention's. The auffieiciwy of the hoed will nil many doebtful case" remove the ameseity of detaining the vowel% or what Ililannota to the same ' nof 'forming the owners that MOM they reduce the amount of their cargoes tbir will be lisioisod. I would vise es biait the propriety of piecing smiler die oestrottl et the President, that power Of 40mA= ested is At Collectors by • the Act of 52..... la April lume. That subject boo been a °Poi" of effilllffeirre use &Scala. It has . be11 —... 7 teoillerso practice. frees the establishment af the Gamesman ef *h.! United states, N give eisotamotiona to the Collectors respecting m ie pecatees of the. law., and which they were booed to wh ey, a different erection awed be estaltf by a legal Achim). This ress • neesimery, is order to tame Isom alliiitfU44lllll sod execution of elm laws. th e peseilios me* ellioied to snakes the deceit. ims te rest as the *sines of tact Collector, end this lila a great diversity in the ....=2 ri m = should be executed. All Ms beet Use dm Me be due to obviate thist mai end the Pneihmt being withorised to decide aegis leseactioas ot a t e a ct ec o lo, the opportunity war taken Widens the re of whet. so hie opi. due, uhsald be a proper cause of detesstioo.—. Tina however could be given only ee opinion, and operate as a rerommendation, and not as an orde . lk Of does it appear practicable to establish uni formity, and to prrvent . partiality, and either lax ity or ton great severity in practice, unless the pow er of prescribing general rules •in thin •respect, by whieh the Collector* will be bound to abide, Le rested in the President. em aware that there is another mode of eva sion. by regular coasting vessels, which will not be prevented by either of the ►receding pro►isions. Either whilst in port, or on their way down our rivers and bays, coasting vessels may receive arti cles not entered on their tuainfert, which they post on board other vesrcls lying dff the coast for that purpose. i Net t is not perceived that any legal provision coo prevent that infraction, nor that any whir re , seedy cub be found than the •.•igilarir e of the offi cers. Another general revelotion wall. however, bt suggested. perhaps useful as a permanent mea sure, but which would. at all events, and limier ex isting circhnistaner%, gate edelitiohel security for the observance of the law-. and afford smile reli e f to OUT own seamen ; to wit, a prohibition to em ploy any aliens either as toaster. or part of the crew of (my roasting vessel. • it is still more difficult to guard a:Tani:it viola tions by vessels dep., twig without rle ininve. io *two defiance of the laws. The following provi. woos, on :induce. enosideration, appear the mt.,* efficient that can he devised infractions, whi c h itti s the morn necessary to mitres., as they may be daily expec:ed to increase, and threaten to prostrate the law and government itself. la. To forbid expressly, under pans of forfei ture (the -proofs! now being only implied!, the is of any rased without the permission 1.1 .he Collector, and %%Minot the bo:sil Inc a coa.ting voyage being previously given ; authorising the Col &events to refuse permission, ' , ss tier obit. t OA of a 144111 e olotio4 nr voyage. I lie great r of vessels now Leleti, :steal 111 a ~ . ate of r.reliness to insert, *hews tier necessity of this No v:ono. if there be eases, in which the indulgence of etiwcerting va olds hen warehouses ought so be granted, there will lw iin hardship, where the io tc.ition fair. to require a bond similar to that given tOr a coasting voyage. And the Collectors should like wise in such caws be expressly sloths vlsed to take such efficient preestuions as will put it aunt of the power of such vessels to mil without suirniug. • 4. lee order to present those fraudulent wiles of vessels, by ohich ostensible owners of no respolisil.l - are substituted to those from shorn renaitiel 'night be. recovered, it is necessary to ;provide that those ow n ers of vessels, whose names appear on the v-gister or license, should minium• to etr reputell as *Kb, and liable to the peualties u, cue of iihfrae . Gan et the levoe. see Ile weebtee • %ow 1611 have beer WWI, esireetleted. sad new papers shall him boon regishuly ranted by the Collector so the yistebroloe• end to way snob ion of pur chase,'" siallicbrot bead, that doe onsbilego *hall out be infringed. to be priviesnly rogoired. 3. The power to sew nnessel deposits, now vest ed in the Collectors of &obits adjuceot to the ter- I Morin of foreign notiessohoold, as well cuottio. plated in the Bill perea r by the House of Repre mutative% be 'Rustled to all the dibtriets. . . this is as arbitrary power, which uothissg but the unremitted efforts in '.me place, to evade the law can publicly juitify. cannot be denied ; awl it should, like that of detentiou, be placeil under the coutroul of the President. and be executed wily in costfonuity with such gra;eral rules at lie would prescribe 4. Exclusively of the assistance which may to derived from gun-boats. and from the urined vessels of the United Suites. it would tw advisable to nu- F' f' t . thoriaethe President to add teu ur twelve cutter. to the protest t.establishment. Fast *ailing vassels of every druft of water, and requiring only from IS to 30 men each, are mostly wanted, and would, fur the object conteinplated, Le as useful as the Largest frigates. S. it 10 with regret that the necessity of with°. rising on the application of the Collectors, an im mediate cull of the local physical force of the coun try, must also he stated. Brit and' partial acts of vitileuce as have taken place in some of the 54 . 4- potty cannot he prevented by the tin:nitwit man lier lo which ills public force mast now be brou i e t out in support of the laws. And DO doubt e ists, that the mass of the eitiaeos, whether they approve or disapprove of the Embargo, would, 111 every port, instantaneously suppress any suet outrage they can be called upon to act in a legal manner. Some other provisions appear also ilectssery for the purpose of carrying the laws mor. completely into effect along our land frontiers. 1. The 'exportation of specie by Lind should be expressly prohibited. '2. The power of detaining deposit's should be so expressed as to leave no doubt of the authority to detain waggons and other currier* laden mod actually on their way to a foreign territory. Al though I cannot perceive any remain fur the dis tilos tom, it has been supposed in one of the diatricts that the law which authorised the detention of flour. heel; or potash, deposited in a warehonse i del not extend to the case of their being deposited in • irs. although evidently on its way to Canted& 3. The offence now publ.thed by law is that of exportation. This is not consummated till otter the property has been actually carried beyond the wee, being in a foreign jurisdiction, it can not be seised ; so that forfeiture, which is the siestefeknt penalty can Dever apply to export ations by land; and ' the bond bei required, as in the case of vessels. the only reme dy is the uncer tain one of recovering penalties against apparent *treaders, who either abscond or have no property. How far it may be practicable to make the met of preparing the 'swans of exportation punishable, or provide some other remedy, is submitted to the Committee. But it must also be observer], that every degree of opposition to the laws, which falls short of area. son, is now, with but kw exceptions, an offence undefined end unprovided for by the lowa of the United States. Whence it follows that such of fences remain unpunished when the state autho rities do not interfere. The necessity of defining times gamma, by law, onsdenteenors, and of pro viding an adequate punishment, appears obvious. I will beg leave here to add, that it do's not ap pear necessary to continue any longer the Maul erne', granted to the British merchants, to import, for the use of the Indians, article-ear which the int ro tation is generally p rohibited by law, as that privilege is liable to 'peat abuse, awl affords just ground of dissatisfaction to American Citizens.— Wirether it he advisable to continue the penuisnon sins to those 'adieu traders to export furs and paltry, is a question to be decided by political con siderations. The last branch of the subject to which 1 wish at present to call the attention of the Committee, relates to interniprowis and certain injurious pro ceedings attempted under colour of law. 1. Vexatious suits are broug'it against Collect ors, which not mile perplet faithful officers, but have the effect of int . 'dating others, and prevent all energetic performance of their duties. The only provisions which have °mimed to me on the OUtileCt, are to stable the Collectors who may lie sued, always to remove the cause befitre a Court of the United States; to make a certificate, issued by the proper authority, that there was rears able cause of detention ; protect them against dumegoe in cases of detentions, in the same manlier as is mow provided in case of seizures; and to provide for the sate keeping, and restoring alien proper, and On security Icing given, the vessels and property which may be detained. 2. Attempts have in several instances bees made to wrest from the Collectors, by writs of replevin issued by the State Courtsor Officers, property de tained or seized by said Collectors, or which, in any other manner, is in their possession, in confor mity with sonic law of the Cooed States. It is evi dent that sucii attempts, ifiehmitted.ta. orisahl feat not only the Fanlsirgo, but also the Itevenne Laws of the United States ; that whenever pro perty ix by virtue of the law of the United States in the possession of a Collector, Marshal. or any ether of their officers, no process je rest, which will take the property assay, %heel's*" of replevin, at aching:so, or uny other, can be Le g ully issued by a State authority ; and that the ShritT, or other per -101 executing the smile, inust he elnsidered as a mere trespasser, and he resisted accordingly.—But there is tin other way rat present to resist such gal process, but actual farce. And it appears .cessary, that another remedy al o.dd Ise afibriled, by providing a seminary roods of superseding any such process, through the interference of the Courts end Justices of the (limited States; and by malting ii penal fur any Sheriff or other perven to execute the same, or in any manner to attempt to take preiterty, which, by virtue of any law of. the United States, is in the Collector's possession. 3. In some instances, where vessels and cargOes, libelled for infractions of the Embargo, hare been reiture:l to their owners, on their giving security for the appraired value, the ia]uution has bees so low, r to reduce the forfeiture I. an Merlinlerable sum, thereby slefestiug allogetlier the law. It is suggested. that this might be prevented by a pro vision, authorising and directing the District Judges, to set aside, on :notion of the Distnet At torney, such valuation. whenever, iu their opinion. short of the true value. 41 On the subject of mandannts, I will only ob serve. that, in the only instance which has taken place, the Court, supposing they had jurisdiction, could not, from the mangier iii ,shish tilt. quest was brought before them, have decided other wise than they did, but that it is desirable thin the questiou of jurisdiction, as it relates either to the Courts in whom the power ought to 1w vested. or to the Courts to which it should exteud, should be precisely drfined by law. I have not iii this coniniunicat . taken into con sideration the technical defects of the existing Em bargo Laas, because prow:ruts do not fall within my i 1111 l lediate coguisance, and I do not feel com petent to the task of pdinting out time necessary al ter:trio:is. Measures hove louteter been token to proia re on that subject, amid from the proper soit recs. infanta:alien *hick will hereafter be heel before the Committee. To the rem:tit:Mg inquiry of the C nittee, whe ther the imicoa,cometmes of the prem , :mmt s)steum utay not in some degree law removed, 1 cttn only answer, generally, that a law which lay% ,ucit extensive re striction, as the Embargo cannot be carried into effect without imposing. serious inconveniencies even ou the domestic intercourse of the United States; and that these must necessarily be iticremett in proportion to 'the opposition amid efforts to evade or violate the law. It Mss already been stated, that provisions which will render the hood given by coasting vessels a complete security against viola thous of them. will diminish the necessity suit ex tent of more arbitrary restrictions. An authority. to permit, on proper security being given. such vessels when they arrive ip port. to keep their ear gtirs on board , would afford some relief. And I think that the credit ars thaws accruing on the im portation of some articles which was showed br the Act of refit March lust, should be extended to sill importations of the same articles made after the passing of the Act, those made in vessels which sailed under special permission only excepted. With respect to this last clubs of importations. as they were permitted by special indulgence, as it is understood that it has been impossible, in many cases, to prevent its beiug abused. and as in idatust all, the parties, having a species of exclusive privi lege. have made sufficiently profitable voyages, the propriety, particularly in the existing situation of the revenue, of allowing them also the advantagee of an exteuded credit ors duties, is net perceived. I hive the honour to be, with great respect. Sir. your obedient Servant, A Lagar GALLATIN. 1104. W. 11. Giles, Chairman of • Committee albs! Berate. THE BRITISH PRESS. LONDON, THURSDAY,. H. Orders were received, on Tneeimes at 1 1 4111111111111111 for the troops recently arrived there from litter gate, that had been waiting only for a fait:win - 4 to sail for Spain, to debark. Preparatiosu were ac cordingly made to curry these orders imme— diate effect, and some of the horses - and anuteeqiii page were landed in the course of theday. It is thus evident that Government, however they may affect or attempt to conceal their appre hensions, are under the greatest anxiety and alarm, respecting the fate of our trootat in Spain and Por tugal. Sir JOHN blootte's letters are by nu means encouraging ; whatever language The Gazette may adopt its its extracts or communications. Though the distance from Vigo round to Coruna is not great, yt it must depend, in a considerable degree, on the state of the stiods, whether Our ships of war and transports out, or cannot get to the latter port in time to receive our men ou board. It is doubted whether provisions for to numerous a body of forces, arc collected, or can be procured. Bona.. PARTE will certainly menace, with the severest ef fects of his vengeance, the inhabitants of Vigo, or of Corunna, who facilitate the re-embarkation of the British; slid we must not allow ourselves to be lieve that such threats will be destitute of operation. It is difficult to conceive how the infantry :trees) be re-embarked, without exposit% the cavalry to great loss, if nut to destruction. The letters received by Ministers, front Sir Jon% Caanoca, at Lisbon, tend to eugnient the solicitude felt relative to the British troops un the Continent. Ile writes to Lord CASTLI•III4A..II, that he is under the greatest uneasiness for the fute of n corps of our forces, amounting to 7,500 men who bad marched to join Sir JOllls Nitwit'. They may, nut improbably, be attacked by very superior numbers, before they can possibly reach their destination. That the Spaniards in the south and in the enstern pro vinces may exert greater energy, and minsifest more enthusiasm than those of Gallic ia, Leon, and Old Castile have done, we admit, and we lope. if so, Spain is not conquered.-- But we should deceive ourselves, and mislead the public, if we did not, at a moment like the present, state the facts which have come to oar knowledge, merely because they are of a very painful nature. Much exaggemfma, we know, has tukeu place, re lative to the resistance made by the inhabitants of Madrid against their invaders. We have heard great doubts thrown upon the fact, so strongly and circumstantially minuted in the Spanish papers, of the repulse recsotTy experienced by the French before Saragossa. Nor next advices from the Continent. we anxiously hops. may disprove the glashey presages, inspired hy the last iuttlligenee as by the present aspeet of &Elkins. We consider it al the first duty that we owe to truth. and to the public, not to conceal from that public. the impressiou which. us tar as we hit% v been able to ascertain, has been products'. net less within, than without the Ministerial circles, the liwt intelligence received from Spoilt. It is inifinw sihle to peruse it without perceiving, that though the lustre of the British aims has been mirit ly ,upporteit, lath in the march, in the rutri-it, and in the renemitrea with the enemy's 'et that we must, from the immense ditsiNii 0.1 force. mail from the weskuests of tie Spaus4l.l%, reduced to re-embark our army. Perhaps, the theatre of war may he wily transferred from Le , u to Andalusia, and we may find greater resonices fur contiouiug it no the Guadalquivir, 111:01 we have experienced on the Douro. This lio l r, ‘%‘• ardently triad. may he realized. *ll,d, that the North, 'and the ceotral provinces id . Spain, with the exception of Myopia. are, in a great degree, mili ilued ur overrule, is tno palpahle to he "thruied. The capital itself, we see, has solnuitted to the Corsican lovader : out spimtaucuildy, indeed ; but its sabinission is not, on that accomit, less certain sr complete. The proceedings of the " .Muni. ipal Sitting." held at Madrid an the of December, Contsiu the most unequivocal proof, that h,,s ev,:t the inhabitants, magistrates, corporations, and deputies of the Spanish metropolis, tray de test, they do out the less reign themselves to the power of NAPOLI:UN. It is, indeed, difficult to conceive language more expressive of respect, ,r.- titude, and homage, than that which is put tato the months of these unfortunate representatives by the ruffian who has deprived them of their ri;htful Kiugv, their national independence, and all their dearest rights. This solemn mockery, it appears, was repeated on the 11th of last month. in another popular convocation of the deputies of the pa rishes. Signatures were exacted and annexed to both the deliberations, in order to affix personal responsibility to each individual. It is thus that this able practitioner in revolutions, rivets the chains which he imposes. And how are we, after witnt sang such engagements entered into ow the part of the delegates, of the nobility, of the eters,. of the third estate, and of all the different orders composing the city of Madnd, to expect that they ' will, as soon as Box APARTV has quitted them to go iR pueoult 'of the English, immediately take up again, and renew the war ? It would, no expose them to the utmost effects of his tpithout offering a rational probability efony beneficial result. We must not, and per .l ria wrought not, to desire ouch a proof of their srssal audioyalty. .... 4 filitfilie, - hosiever, we recognise, aril we deplore Aiwiposoptol conflict which is carrying on beyond Nte Pyreasossiwt are 'fah from joining in any re promise on the apathy. the indifference. or the repittlit national character and energy in the Spa nish People ! They have betrayed no want of those qualities which were manifested by their ancestors under Senvoatus and Vlat t irue, or, in more mo dem ages, by Pe•aotes, and by the Cm. Under circumstances of unexampled depression, betrayed by their own imbecile Sovereign, and surrendered up by his infamous Minister; the keys of the king dom put into Bowitemere's poseessioa; the capital occupied by his troops ; the Spanish armies sent to light a Corsican's battles, at the other extremity of Europe; the Monarchy thus disarmed. and tl.e young King, together with all the Itoyal seized, detained. and imprisoned by the invader ; in this desperate position, the Spaniards did wit imitate the example set them in Austria, or in Prussia. Uncertain ecru of assistance. or of Co-- operation front England, they rose againsit their °r pressura. They have fought and bled, nor are they yet subdued. We venture even to say. t h at if the contest had been of an ordinary nature ; if it had been a war agsinst Louts the Fourteenth s or against any of the eerieet Governments of Eu rope, they would have triumphed. But they have to contend with a netv, and a non-descnpt adver sary, who comes with the irtsigaist of pretended felicity and national glory. Hir only desires to regenerate Spain, to eradicate the Aims of the former Government. to re-itivagorate bar exhausted constitution, and to infuse new life, as well as licit, into her debilitated, or torpid frame. It is true that the operntor who from the Thr for the brother, insists on down the likewise covered Ills Olin comictil sway. in belies! executive the fineness, will be exclusivel boundless and atnl-' Realties, tamed at the r, ti S M r s ill cretin' who is to prescribe from the Thrc..e diseased monarchy, is an obscure Itat:ait, r, tool, and vassal of the Tyrant, who thins on forcing his own conceptions of happiness the throats of nine millions of people. It is ie true, that this Usurper, who is himself • d with crimes and turpitudes, has given to ( u subjects, the French, only despotism owl iption, for their reward in siibinitting t() his Nur CAD the Sp:it...will% diceive them: wicks eying, that though he may strengthen the Live power, improre the revenuc, oisieliomts lances, and equip fleets, or raise armies, it e clone, not for Mar greatueos or beindit, ivcly to punme, and to accomplish, his own Iles* plans of conquest, personal renge :met, !nbitioin But, of what avail are th.se M- otif, to oppose the pro•zrr4s of a I by near 170,00 u tro.vps in Spsin, sad aided other extremity of Eurvl'e by an Lcupesur