Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-06-09
& II. a6fN ailyiisiny Of the arrival IL
gs ,sa q the Statira ffrigate with Mr.. Rose
s s board,
CHARLESTON May 50.

ahe following highly importans case IN the
80, r;rc,lit court, will be read with the
lsss. .., interest; We have never Witnessed a
linn which gave such general satisfaction.
a'. .sstores to commerce the little business
sh;sh the embargo acts have lett US, and mas
,; s new life 20 the merchants engaged IN
S.' honest and lawful trade. Il affords ano-
~. s, 5, memorable example of the necessity OF
S ~ ;nlependem judiciary, who will give TO
,ss law its legal explanation. By this deci-
50 eoasting vessels will be permitted to-
.srrv rice out Of the state as usual.
tx parte In the Federal
,a.n c;Ichrist, s others, iScircuit Ct. May
" Us. S2s, so8, before
The Collector of the Port Judges Johnston
OF Charleston. ana Bee. SIS
Amc,ion Was made hy Mr.. Ward tor rule
AZ the Co. Ise,or TO shew cause WY manSsa-
r,,s should not be issued against MIN 10 COM
oeI the granting Of ciearanees for the snip
Resource, Mofeton ship $50 pollies. Wit
der: ship NavigatcF, Bowden; ship Ri.lng
states, Anderson; and ship Louisa Clcllia,
Fowler. founded Oh the following affidavit
q Aslsm Gilchrist, and ] 5. Barker, OF
Charleston, merchants, being severally sworn
according to law, dsposeth, Fiat the Anesi-
can registered ship Resource, arrived from
foreign voyasc in the port of Charleston, a.
5slt SIX m on;as SIM e, owned one halt by the
deponent, i. S. Barker, residing in Charles
tan. and the other~halfby American citizens
rssiGing in Baltimore That tae deponeat re-
pysening TIE owners aforesaid, apprehcn-
ave that the bottom of the snip might, by her
being detained here during the embargo, DC
tllly destroyed by worms, did for that rca-
ndeternline on sending her to Baltimore,
il regularly advertised for freight to said
poa of Baltin ore--I'hat having obtained the
promise and actually engaged the freight OF
about six hundred bales OF cotton. il becarnc
requisite to ship eitaer ballas, or heavy freight
20 as to enable the said snip TO bo navigated
With salstv-Tha. ballast not being ohtaina-
Bic, these deponents about three weeks since
agreed to carry to BaltiTlore about two ilan-S
drea barrels of rice, ttso5ht free, and that the
same was shipped by permit from the Gus
Atom house, and under the inspection OF re-
ysaue officer about two weeks since hat,
on application for aclearance of tbs said ship
and hercargo 10 Simeon Thcus, collector OF
me port ok Cnarleston, duly commissioned
and authorized to exercise and perform the
duties of SAID pubic Office OF collectors of the
port aforesaid, he hssn refused to grant
clearance for SAID vessel aud cargo-alled
that although he has no suspicion. that the
tlsararice demanded is to cover all ostensible
yagc,o Baltimore, or%to infringe Or eyade
L.,
and although he admits th.,s the said ship was
ladened previously to his receipt OF the act Of.
Congress, respecting the onabargo, under date
of the soth April ult. yet that be is bound to
fsEuse such clearance, under the directions
Of the executive OF tre Unised States, which
he eohceives he is bound to obey hat these
deponents have just right under the law, to
obtain from SKID Simeon Theus, collector as
Aforesaid, the cleasanse SO withheld and re-
Ned to be granted.
ADAa. sGILCE2IST,
J. SANFORD BARKER.
Sworn TO before NE, this
oath OF May, 1904.
JOHN WARN, @. U
Upon The return OF the rule the defendant
showed tie following cHuso
UNITED STATEs.
So. Carolina District.
Federal Circuit Court.
Expagtc. Rule TO shew cause. why
rs. amansamus should not
SimecHT hcus, esq issue, requiring him to
collector ofthe port grant clearancesof GER
OF Charleston. tam vessels.
Iimeon Thsn., collector Of he ports
s'osesad, on whom copy OF The sbose
suic has been ssrved for Cause. suzwE-s !:
That. 10, and BY, acerss'n actsf COO
ssgrees Of ,hr SAID Us. passed the .a5 b day