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

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 brouie 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 warehonseidel
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 remedy 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 prohibited 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 Legully 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 114111111111111111
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