Virginia Argus — Richmond, Va., 1810-01-12 00:00:00, page 1

V I R'G 1N IA ARGUS.
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^ : - PS r DAT. JA VUAR T »,a'~~~ ” 77.-2 ftfc.
T/u- J'aitQxoi'i'* ftu’h are now before the
Ltghiature.
A BILL
TO SUPPRESS- DUELLING.
tifi*."'! **e,"'a', experience has evinced that
’Ifbe emsunw remedy fir the mppression
©I l»u baibar.-ou i cu'torr of Duelling, is
'ma'.feq tut-r to 'lie nurpove j und iha pro
«riS3 and non sequences of th-? evil, have
c>tn«? a«, dt'H.ruclive. us to t< quire an
••efiuin on ‘b-a part of the Lfgisliiu»e. tc
erre*t a vice, the result of igo ranee «u 0
b irbaristn. ju ufted nsi*hsr by theaiecepir
. • I $2)| * lb f, om, i bed, cl a t
Vftr fcm> Ty *Vher- o%
s - _ lit it «rta£Ld by the General As.
arfnbly, tli.it if fry per-on whatsoever,
slu.il rii.-l-rng^ another to fight a duel,
wun any weapon, or in at'y manner what
server, the probable issue of which, may
t»t rhight lefciilt in the dr.a.h of the chal.
.larger or chal'enged; Ot If any person
abdil accent a challenge,. or fignt a due.
»’i tt 4 jy person, or in a? y wcy whatsoever,
thi.- pi obiri’e issue ofw inch may or nugh
tenrineic m die death ot' die eha'lenger
Of ciuliengttl j such pei^o.i <lull be ,n
capable of holding cr being elected in a.
Dy poat of pr./ii; or oni«ium nt, e vil u.
tniSifa'-y, uc»'er the government of the
•cotmnonwc.il Si*
A*'d i>c it further ena-Red, that from
nr-.daf'^T ihe p~s>ing of this evr.ry uf
fto-r, c>vii ntib r,,y( Vsh, s,1»jN .fis ap
P intud to any i fifica under this common,
wialib, 'h*il in addition to tiie oath now
prescribed by law, take-the following oaVtj
1) A- B do sob mi.iy sv.»-dr that 1 h.it«
Slot been engaged directly or indirectly,
in a dud, since die pas-age ef ifce art,
rn uled '» An to supp tss Duelling,*
TSrir ic.fl 1 , ^ . ..v i*
- - -r* ~ ••• - i *
nc<t, be directly cr indireflty ccnccri.cJ in
a duel. So help me Go i,
3. Anrd be it funtur t-na&ed, that no
person ofirmiipj; in e'ulyrv wav a* aforesaid,
r-lrt il ever theietf er bo capable oi bring
h:g or prpMst ning ar,y suit or acriun, ei
ther al cbiptnon law nr in chancery, and
tf a; any atbon or suit Ira itj'ed or com
iu ‘need, by #uch p^rsan shall be dismis
sed, v hensreter the la£f of his having
commutedeither eftiie r-dd mTeaCe* snau
be esuib'i lx d aider any taking acL
. visningc :)icr«>f,
4 Ardbex fur'ber snafledithat when
the commission of ei-hcr of die %aid of*
shall be ethbtislied against oi*>
pcianp, in any civil action or by anyrrim
Hid pinseCQ)ion, the recoid rti such «ct on,
fthali ’b; good evidence in every suit oi
eft'on, wh'ch may thereafter arise 1i. rbc
puipose °* Prov:r,g ci.li._r of the • tit: ces
T»fme.*id, a’rl»crj;*!r tfc»- party or parses 10
tre r Hihat(|i)ehi swit nr cC'lion, was nor a
V:'r y n the su:t or a'ffion whereby tlva
aa il fat^ es'abli h d.
v. And be ii fn-rher enabled, that it
shall be il>c duty of ijt: jurlges of the cir«
cm: c> m'5 ard the coun.y courts at their
qo.-icily sessions, to give in cha:ge ix
prewsly to rlie jury nil th* laws in f.rce, lo
suppress r’cel iirg also to charge the jiry
to picsent all persons concerned in csiry
ing, sending nr accepting the challenge,
ai.d if any person srhad be presented ,o
such courts, the said court* shall. >f .hey
have jnrisdifflion of tad oflTe ers, proceed
to trial of the same in the ordinary w»y,
ard if not, that the presentment shall
be either certified by order of the ciKirt to
such cocrt have juriidi£\ionv«<t has or shall
be considered in Ln? a *jutlicie-it au'hority
fn r a ma ridrata v /% .. U. - __a
guinsi the accused, when an ex-mining
court is i ecca^ary.
6*# And be it fu ther enac’ed, that when
*ny judge or magistrate of this common*
-wealth, has good cause to suspect any
peiion or persons, are about to be enga.
ged in a duel, he rmy issue h>s warrant
lo biing the parties before hitn, and if he
•hall think proper to take of them a re
cognizance to keep the peace, he shall in.
sett in the corid.tton that the party or
parties shall not di.rmg the time for which
they were bound, diiectly or indirectlv be
concerned in a duel, either with the per
non xuspected or any ithtr person within
the lime limned t>v the recognizance,
7. And ne it fuither en * .edj that if a.
ny person or persons shall Tor the purpose
of eluding the operation of tha provision
of this law, leave the state; ihe person
oi persons so offending shall be deemed
as guilty, and subject to 'he like penah
lies as if the offence had been committed
within this Commonwealth; and the of.,
frnder or off.mdeis may be tried in any
/court in this Commonwealth having juris,
dicticn in criminal case.'.
Ar.il whereas the existing bws and usa*
ge* of this Comrnonweat'h preclude the
punishmeM ol those who are guilty ol the
mo»t irritating insults by word* unless.ar.
Com panted by certain circum itsotas o
•uccecded by such ; And whereas thu o
m ssion hia been assigned in extenuation
«.f ihe offence intended t >b-j preveriied by
his law ; for remedy wh^r.-ol,
/Ok
8. 15" it cnxfted, that in nil aftioiv;|
which »lu(l b& c'/.n>nift>vced for w.irtb, u< 1
exccjiioiu S.Ut’f be tlljJ
*h*fl take Hfir consVrttfiio - fr.ien ‘.be til '
*'by Ju»y, but tjpxame s*n$lr be '-og:-i.
v. tbJe before tbs jury, .wit.'itb*:! say wlu:
d imayrrs rhe partv lists vurta ned*
Tlit' aft sbnJl be in lo ca litm* tks first
«f April rckti
A BILL '
a ConetrMin* Divorces*
Sec. 1- it (nacted by the Ge
neral Assembly, That wheqauv person'
dVfcW hprealuor de«i*e fb be divoretef
from jtlie tics of matrimony, he or she
shall petition the judge of the circuit
Court in which the petitioner mavre
side, to Cause a jury .of twelve men,
quail lied according to Jaw, to be em
panticlied to set ami hear all the facts
and testimony relative to the matter ;
Provided always, that the petitioner
shall have given six * month*’ previous
notice ^hereof, by advertisement set up
at the courthouse door of the county
in which s.ud petitioner resides, and
by inserting the same at least three
times in somu newspaper published in
t. :s commonwealth.—And if the judge
shml he of opinion, that the allegations
or statements contartned in said petiti
on, deserve to be enquired into by a
juiy, h * snail order the clerk of the
court to institute an action of divorce
thereon and to issue a subpoena re
turnable to the next succeeding term ot
said court, directed to the sheriff of the"
county in which the defendant mav re
side, notifying him or her thereof, and
if the said defendant be not within the
commonwealth,in that case the procee
dings shall be similar to those now had
in chancery against an absent defen
dant.
Sec. 2. Be it farther enacted, That
after the jury shall have rendered a
special verdict, containing all the fact?
of the ca<e, if the party praying a di
vorce shall choose to prosecute the same
before the general assembly, he or she
shall procure a complete; and perfect
transcript of the record in said action
el divorce, duly authen.icated, and
shall present the same to the n .xt gen
eral assembly after the rendition of said*
verdict for their consideration.
Sec. 3. Be it further enacted, That
the tees of attornies, clerks, sheriffs
j*nd other officers, and the compensa
tion to witnesses for their attendance
!shall be the same as is now established
by law in the circuit courts of this com
monwealth, and that execution in favor
oi the party succeeding, shall not is
sue until the rising of the general as
sembly- next ensuing the rendering of
the vet diet.
Sec, 4. Be it further enacted, That
the plaintiff and defendant in this acti
on shall give sufficient security for the
costs thereof, an.l if either party fail
to give such security, the party so fail
ing shall not have a right to require of
the clerk, the performance ot any duty
appertaining to his office.
Sec. 5. Be it further enacted, That
when both parties desire a divorce, the
jury snaa nevertheless hnd the toct3,
an l the proceedings therein shail he
certified*to the next general assembly,
in manner and form herein before pres
cribed.
Sec. 6. This act shall be in force
from the passage thereof.
* Six struck out in committee and
three inserted.
DISTRESSING ACCOUNT
Of the shipwreck of the sloop Thetis,
Captain Tabet, given by himself.
I sailed on the 16th ult. from New
j Bedford, in the sloop Thetis, of that
j pi tee, bound to Savannah, having on
board, including both crew and passen
gers 31 souls.--Oa^the 23(1 we expe
rienced a violent g.tle of wind from the
N. K. which brought us too under a
trisail, after having scud six hours '
\t about 7 o’clock P. M. we were
struck, as was supposed, by a whit*
squall from the N. N. W. which in
uantly ups t us, in lat. 34., fl, long. 7<>
K>. The sea rushed immediately in
co t ic cabin, w iere 22 of the pnssen
;erc perish rl or were washed from th
leeje ;»s they endeavoured to escap
out of the co n pan ion way. The ves
sel Uv upon h rr bea n ends upward
oi td lioi*;*, during which ti ne repeal !
ed efforts were made to cut away the
mast, but without effect, she being al
most wholly under water, and a heavy
s .a going; twelve of ua being all who
survived, on the second day lashed
ourselves to the quarter rail, when
two more/YJoseph Crow el and Joseph
■4'rancis) perished vajth cold and fa
Oo the third day1,^ae gale abating.
3U'l me weather gra^Rg moderate, we
-nt the shrouds, anHVBenred away the
. ^ from, tip wreck; and she nearly
v ;U hut water. On th'j
Sixth dsy alfor being «wt the wreck, we
saw a ship, which hashed Amerecan
colors, and bore down we supposed to
our assistance, but at sun act she. lost
sight oi u^, the ship stood by us all the
night, during which time we could dis
tinctly see her, though it is believed
we were not perceived bv those on
board of her—about day light, i se
\'ere gale sprung up, and the ship lost
sight ol us, and proceeded on her
coarse. We saw severjl other ves
sels pass us hut not near enough to be
b ided. On the seventh day all of ns,
except one man washer, from the wreck
by a sea that unexpectedly broke upon
us but bv much exertion, f urof us re
gained the vessel, when I with the
survives, Mr. A*a lf. TaW. Amos
Kelly, Braddock Gifford, and Thomas
Show, wrap-d ourselves m a said
spread across the quarter raita, and
there continued exposed to the incle
mency of the weather, and to the vn.
racious sharks which 9;>orted around
us, seeming impatient for their nr**y ;
one of our companions having alrgadv
fallen a victim to their jaws, before
opr sight. In this situation we conti
nued seventeen days, subsisting whol
ly raw potatoes, much damaged bv
the salt water ; when captain Hudson,
of the ship William and Henry, by an
interposition of Heaven, too affecting
to be ever forgottnn bv us, to ne to our
relief and snatched us from despair anti
impending death'; findin? us cold,hun
gry end axhau^ted, he clditiied andTed
us, \and bv the tenderest exercise of
hospitality and kindness, cheered
back to life. . '
Not o acknowledge our obligations
to co great a benefactor would be to
suppress the involuntary effusion of
grateful h-arts. For myself, thcresore
a3 well a3 in behalf of my surviving
fellow sufferers. I take this public op
portunity to express our warmest ac
knowledgments to captain Hudson. &
also to hit matesj and crew, for the
promptness and pcrsevenance which
they shewed in rescuing vis from a
wateryg rave, as well as their humanity
and attent on so uniformly continued
to us till our arrival in this port.
JOHN TABER, jr.
Charleston, 12th D^c. 1809*
Nineteen of the persons lost had fa
milies and all of them lived in or near
New-Bedford.
PERSONS SAVED.
Captain John Taber jr. master of
tne sloop.
Thomas Snow, Asa French Talieru
Amos Kelly, Bradford Gifford—Pas*
sengers.
AM ACT For the relief of William anil E*
liiin Hector.
BF. It cractcd by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the
accounting officers of the treasury bs au
thorised to settle the claim of William and
liliss Rector, at a sum not exceeding three
doll »rs per mile for the lines which bound
each surrey, whether separate or adjoining
other claims, for each survey which they
have made or may hereafter make under
the authority *>l the United States, of thr
private claims in the Knskaski* d»s*rict,
or Illinois territory, claimed by virtu * o\
french or Uritish grants, legally and fully
n ule and executed, or by virtue if grants
ssu -d under the authority of f irmer acts
-I Congress by either of the governors pt
.‘forth W«*» (no v Ohio) or Indiana terri.
.'■nes, and which h-vl already jceo sur.
/eyed by a persi n authorised to ex.-cute
such survey,
J- U- VARN0\"Vf,Speaker
of the Horne of Peprtoaa itive*.
O r.Q * CLLNf 1 (>M, Pice-PrcUut'nl
f I ’ic United States t and President o,
the Senate.
Dccrmb'f £3, 1339.
Arvaovro
jam as Madison.
SP.« jlSH DECLARATION OF
V/ i AGAINST DENMARK.
F n the Seville Gazette of Oc». 18
Roy Edict, on the Declaration ol
rar of Spain with Denmark.
D i Ferdinand the 7th, by the grace
oT G 1, king of Castile, Leon, Area
gon, »f the two Sicilies, fkc. and in
his |»vai name, the cupreine central
gave ning junta, of the kingdom of
Spai < and the Indies—to those of my
com il of war, vice-roys, and captain
gene ils of mv armies and provinces,
cap*' n generals, lieutenant generis,
field marshals, brigadiers, and orlrer
office 's of my armies and royal navy,
assist ints, intendants, governors, and
oHSci s of the foris, and other persons
of w itsoever class, situation, or coa
'liticjy they may he, of all cities, villa
ge* ? id towns, of th’13 my kingdom of
, Spai and the Indies, to all whom it
1 m y relong, of this my Royal Edict,
knm ' that with tliis date, the 18th inst.
I ha i thought right to forward to the
si-nil |' of my supreme council of war,
the i illowine decree :
Snai i at the present period, at the
height of glory which her valor and
j magnanimity has acquired her, can
jnot a iv longer set, without com.
promising her honor, with indilT rence,
the insults and hostile acts of the Da
nish government. The want of liber
tv, and the oppression which they suf
icr on trie part «i tne rrencn, canuot
serve them as a justification <>r excuse,
towards the court of Spain. One of
the mean3 which this nation availed
ilaelf^of to obtain her views, y/as to
draw from Spain a part of the Spanish
trmy, sending it to Hamburg, and
from thence to Denmark ; where the)
afforded the sovereign of this latter
kingdom and even the French in the
war, in which’she was employed, those
se. vices, which all Europe had seen,
which ought to he expected from their
discipline and valor with much glo
ry an detriment to themselves, of
which sufficient proofs are given by
the loss of so many men in those fro-^
it' ll regions. Ar the moment that the
part of the Spanish arm . which wa >in
Denmark, heard of the noble resoitij
tion of their countrymen, to shake off
the French yoke, and dcdite war, they
took the noble r<. solution, which h very
rare in history, to abandon that country,
and embark to join their countrymen
in their own country, flying to the as
sistance ol their brothers, facing dan-,
| gers, to participate of the glor> which
they were acquirings—a mcmorablr
example of th* unanimity and agree
ment of sentiments, which reigus a
moog the Spaniards, although they
may be separated by great distances.
The marquis of Romans, who com
mande 1 this body, not doubting of the
'valor, constancy and patriotism of the
I soldiers, aided by the zeal of the offi
jeers, and their general consent, depar
ted with the greater part of his troops,
(returning them in the island of Lm
’geland from whence thev embarked
'lor Spain by means of the efficacious
' assistance which the commandant of
,the Jlriti,h naval forces stationed in
jtho«c seas afforded him.
j The delicate proceedure of the Mar
Iquish la Romano, and his precaution
to avoid any thing which might have
the appearance of hostility against the
Danish government, and to maintain,
-n h.s side, the good hsfmwiv which
existed between the covrts* he was
indispensably compelled to attack
some Danish boats to take possession
of the fortress of Niborg, which was
"i protect the (light of his army. The
English admiral took upon himself to
attack aud deliver them up.
ll Dear.ark had remained neutral
it this period, not opposing their de
parture, r. iT endeavoring to retail! this
body ol troop*, Spain, constant, in her
system of delicacy and scrupulosity,
would not even yet take harsh measures
Tgainst Denmark, nor would break
die ties of harmo iy and good friend
hip winch existed since an i name mo*
. ■ ;ide pc rial between the taro nations ;
but late incidents confirm the nctiv*
part which, either by will or compul
sion, his Danish majesty is taken it
he war of’fpaia Agtinst France.
Denmark was opposed to the tie
, par cure of the Spanish troops fron
acr territory, and ch »r. if tbry did no
their avis\ it must be more at
; ib.v.yj to to..!, wuu. *f aa .i, or t
'■■■■ «• Mil III KMMai^ ■■■»!
endeavors oi the Spanish tro,vp$ to ex
ecute their resolutions, than to the v. <\
of that court who adhered to the coa
lition system with France, and blindly
obeyed the orders which the emperor
of France dictated. A dear proof of
this is, an o3t receiving a Charge tic*
i Affairs from Spain, at Copenhagen*
' and the answer of count Jierns'toriT*
| signifying that circumstances did r.cr
i P^r,ut him to hold any correspondence
with him. This adding insult to in
justice. Air. Bo ark e, the*Daniuh mi
nister was, whilst this happened,
tranquil, and r-espectcd at ?%?adrici, vet
!ie departed frou that place, abaudon
*ng Ids employment and following the
French at the end of July, 1 f it, which
evidently proves their adhesion :r>
* nuice, and renunciation of corrispon -
dcnce with Spain.
Denmark yielded their naval and
land force to France ; their fortresses
*crv* ihani as a wall, and an asj Ivor. v
'tpatrsh Vessels cannot freely na
' l®3je their seas, nod much less,tnter
tnen ports to trade with them, nor even
havt diem 33 an asvhim against tern
Pe,j* and a portion of Spuuiards arc
defamed in their forts as prisoners!
and in a word, Denmark is, without a
formal declaration, at war with S >ain.
Wh it more can one power do than de**
dare war to another, whom she judg
es her enemy? Spain is convinced that
Denmark, neither for interest or
^I.nJ.tl. _r
-- . mu iui any aioii i biu i 9
cheerfully into this contention. Spai.i
is convinced that Denmark being go
verned _by the fores or influence of
France cannot threw c'fiF the yoke
which she has fixed on her—n yoxe
as hard and arbitrairy as if she had
•been a conquered nation1; and that if
Denmark was free, she would not act
hostile!)’ against a ration of which e >e
i lias no complaint1, but on the contrary
J many motives to cultivate a good uix
! derstandin.>
• But Spain must answer to Europe
' and all the world for her conduct, ft
’ n*sp~i<Vif‘d*»t -.she ought to ium. kja'M&A.
si deration with a notion of whom s.he
hits feceifed so many injuries, h&Ar;n.>*
committed acta cf hostihty agaiask thr
individuals Of the nadou. against Iheif
commerce* and navigation. Sp^in
cotetmliOg her generosity’* v*att<d a
year that Denmark might decide fnt*ra
conformable to her interest and duty
—3nd Spain consulting her diynitx,
cannot delay any longer from tr«> ing a
step which she is compelled to \.y htf
honor, decorum and greatness.
Whether Denmark coutideis her
self independent and with the fatuity
ol acting freely, or whether Denmark
is oppressed and subject to the v hi of
N ipoleon—-Denmark is no lorg-r in
pca_e with Spain. Spain declares ;tr
to her, in the first place, as a p jv.”U hr
whom she feels herself injured, atul
secondly, she does so as a province of*
France. Denmark is responsible *»
God, the world and humanity, fnr the
blood, which in this contest, v/.U be
spilt—likewise responsible for the los
ses and damages which will take place,
and for the fate of the rest of the Spi
tiiivru* wnu iciruui) 4Ciii<uu in uu icr
ritory. Spain and her government*
in the name of their beloved king,
Ferdinand 7th, perfidiously tlct j;vi
in France, declares that she h?s <**\s
ed all communication with Denmark*
and that the ties of friendship which,
united them, gives liberty and au
thorises the Spanish tro >ps, ves
sels of war, anrF. private %rfsseh,
to attack the Danish forces wher
ever they may be found, to taker
their vess: Is in every place, avenge
‘their received insults, and not to ct «i*e
hostilities until a mumol agreement
has taken place between the two pos\
ers f»y a treaty in which shall be stipu
lated the condiUk.*'." of peace, and put
an end to a war which Spain solemnly
declares to the world she gave now* -c
for, but rather endeavored to avoi J
And lor the evils r«BuVtl»£* the ag
gressor is responnihV, as they . .tjvuuly
gave occasion to thu tristm « i k: vd •
which lias taken place. u.»t it b ' ♦
understood in the council and c' ? -
her of Castile, for ihte cons vu'i.iu «1
fccts.
(SignciT)
Tut Mmioitis of Avrfcsfla,
Prdi'hi *.
Prince of Alcazar o! S*» . .
18th Sept. I<t09.
To the Senior of th*' Supreme
ft as! Council«