Virginia Argus (Richmond, Va.), 1809-08-12 00:00:00

Virginia Argus Extra.
Saturday, August 12th, 1809.
WASHINGTON CITY.
THURSDAY, AUGUST 10.
BY THE
PRESIDENT OF THE UNITED STATES OF AMERICA, A PROCLAMATION.
WHEREAS in consequence of a communication from His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, declaring that the British Orders in Council of January & November, 1807, would have been withdrawn on the 10th day of June last; and by virtue of authority given, in such event, by the 11th section of the act of Congress entitled "an act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies and for other purposes," I, JAMES MADISON, President of the United States, did issue my Proclamation bearing date on the 19th of April last, declaring that the Orders in Council aforesaid would have been so withdrawn on the said 10th day of June, after which the trade suspended by certain acts of Congress might be renewed; And whereas it is now officially made known to me that the said orders in council have not been withdrawn agreeably to the communication and declaration aforesaid: I do hereby proclaim the same, and consequently that the trade renewable on the event of the said orders being withdrawn, is to be considered as under the operation of the several acts by which such trade was suspended.
Given under my hand and the Seal of the United States at the City of Washington the ninth day of August in the year of our Lord one thousand eight hundred and nine, and of the Independence of the said United States the thirty-fourth.
(Signed)
JAMES MADISON.
By the President,
R. SMITH, Secretary of State.
[The following letter has been addressed by the Secretary of the Treasury to the respective Collectors, in
consequence of the above Proclamation:]
(CIRCULAR.)
TREASURY DEPARTMENT, August 9th, 1809.
SIR,
You will herewith receive the copy of a Proclamation of the President of the United States, announcing that certain British orders in council were not withdrawn on the 10th day of June last, and consequently that the trade renewable, on the event of the said orders being withdrawn, is to be considered as under the operation of the several acts by which such trade was suspended.
The act "to amend and continue in force certain parts of the act entitled "An act to interdict the commercial intercourse between the U. States and Great Britain and France and their dependencies, and for other purposes," passed on the 28th day of June, is therefore in every respect applicable to Great Britain and her dependencies, as well as to France and her dependencies; any thing in my circular of 29th June last, to the contrary notwithstanding.
It results that from the receipt of this, you must in every instance, except as herein after expressed, refuse clearances for British ports, requiring as usual, bonds from all vessels bound to permitted ports, in the manner provided by the 3d section of the act abovementioned. But as many British vessels have or may come into the ports of the United States in consequence of the President's proclamation of the 19th of April last, he directs that you will permit such British vessels to depart without giving bond, either in ballast, or with the cargo on board when notified of the enclosed proclamation: it being however understood that this indulgence shall not be extended to any other vessels than such as are now in the ports of the U. States, or such as may hereafter arrive, having sailed from a foreign port before information of the enclosed proclamation shall have been received at such port.
The President also directs that until a decision from Congress on that unexpected point shall have been obtained, or until otherwise instructed, seizures or prosecutions for supposed contraventions of either the above mentioned act or of the non-inter-
course act of 1st March last, arising from acts which would, in conformity with his proclamation of the 19th April last, have been considered as lawful, shall be suspended in the following cases, viz.
1. All vessels which have entered a British port since the 10th of June last, or which may hereafter enter such port, having sailed for the same, before information of the enclosed proclamation had been received at the port of departure; so far as relates to any forfeiture or penalty which may accrue or have accrued by reason of their having thus entered a British port.
2. All vessels which have arrived, either from British ports or with British merchandise in the United States subsequent to the 10th of June last; and also all vessels which may hereafter thus arrive, having sailed for the United States, before information of the enclosed proclamation shall have been received at the port of departure; so far as relates to any forfeiture or penalty accruing from having arrived or arriving in the United States from British ports or with British merchandise.
3. All vessels now owned by citizens of the United States, and sailing under the American flag, which, being in a foreign port at the time when the enclosed proclamation will be made known at such port, shall with all due diligence depart therefrom, and return without delay to the United States; so far as relates to any forfeiture or penalty accruing from their arriving in the United States from British ports, or with British merchandise.
In the above mentioned cases of vessels arriving in the United States, and which are for the present exempted from seizure, the vessels and cargoes may be admitted to entry.
The time when the enclosed proclamation shall have been known at the ports of departure respectively, must be ascertained by the best means in your power; and you may refer doubtful cases to this department.
Application may of course still be made in all cases for an absolute remission of the forfeitures and penalties in the manner provided for by law; the instruction herein given to abstain from prosecutions and seizures in the above mentioned cases being only intended to prevent the expense and inconvenience to which the parties concerned would otherwise be exposed.
I am, respectfully,
Sir,
Your obedient servant, ALBERT GALLATIN.
The Collector of