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 officers 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 sames
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 note 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
forfeitedeend 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 aforesaid, 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 of 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.