Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-03-25

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/; OF the act, and oEthe ptoviso of the first sec
| ton Of TIC embargo act passed on the tssn-
isty second Deeem5er, one thousand eigh,
hundred and seven, tasns that opinion to
have been erroneous. Vessels owned in
whole orsin part by foreigners arr still per-
mitted in conformity with tie said proviso.
to depart either In ballast, or with the car
goes which they have brought III, and which
have not been landed, for any foreign port
whatever. If they shall clear for port
with which commercial intercourse is per-
slnirted 10 American vessels BY the act
ol Srst instant, they must give bond, in
conformity with the thirteenth section
q the said act, that they Shall not pro-
coed to.a forbidden polt; but if they are
bsand TO forbidden port no bond is ne
.cess..ry ATT! sh-y maybe permitted to clear
sccordnslv. This applies as well to ,Ea-
e,;sh or French, as 10 anvtother foreign yes
ssls. Bot the proviso Of the act of 22d
ot Dee. 1857, being Still unrepealed in all
is PARTS, and the act i:self being repealed in
part ONLY, SO ftras relates % eessels owned
bbv-ciit;;zorrs off the L. S. vessels owned in
Whoir 8. n raY5 bv foreigners are sill for
bid.tco . tale On board any new cargo
AMERICAN ) sssels are permitted 10 60 only
10 Ire por.s nos forbidden by the act OF 1st
mss. aid NAV export there every species OF
merchandise. & ore;5n vessels may depart
To any ioreiaa poat wslateveI,out cannot take
or board or export any merchandise either
FOREIGN or domestic .oIher than was on board
..yhcn naiifcd Of tie embargo, Or IN other
words, as i relates tt. ali foreign vessels now
in. thc &. S. o.iaer than the cargoss which
they MAJ have skyelgh. in, ane, winch have
not been landed.
e. IT, Subject Of ports Tor which clear
Snces may be granted, or mus, be refused
to American y,.as>ls, / VII observe, that as
tElc leg ,lity or niegaiity OF the voyage can,
In doubtful cases, be determined only BY the
courts Of the United States, that question
can never be affected either BY granting or
refusing q, arance. The forms of bonds
which have been transmitted BY the Comp
,rol'cr, are IN conformity with the express
sions used in the act ana IL must be clear
" understood that as, or the oac hand. the
condition Of the bond may not, o. trial, bt
deemed forfeited III ev@rv instance where
vessel Shall have pynceedod to a port fol
which clearance dad been refused; 50, or
taa other ilaad, errors ndy be committed IN
granting cltaranccs for ports which the
courts may ultimately aliadge to nave been
forbidden b. law, AMI II is not Intended that
tie mere act of thus grating clearance
shall release tie party from the penalty
which NAV be incurred by pursuing an ills
gal voyage.
| am still Of opinion that no clearance
can b, granted for any part OF the island OF
San Dom Ego, or OF the kingdom Of Italy.
The Independence - San Domingo has not
b1rn acknowledged Iv any act of govern.
ment; aud, if not independent, it is de-.
prn;icncy Of France, The kingdom Of
i;aly. which nov includes Venice and Leg
horn, though net annexed to France, is
governed in the name OF the French EN-
peror, and is not os.l1, ia fact, bat,in name
one of his dep nd1ncies. Ihere are port;
in Spain and Portugal, which may hereaieel
be exclusively in the possession OF Greai
Britain or France, and Tor which clearances
should according 10 circumstances be reius-
cd. 1t is understood that at present they
are all under the nominal government OF a
Spanish sovereign, or of the prince regent
of Portugal, ar that til refore elearmees
NAV be granted fox all. ne rule must De
that places held ii the name Of the sove-
reign of the country, taough garrlsoned by
British or French troops, are not to be con
sdered as forbidden ports. But II con-
quered bv either, as Ia the case OF Lisbon
before its evacuation by the French, they
are exclusively in ti.e possession OF the cor
cnerors and therefore forbidden.
There is nothing in the law which for
bids the sale of American vessels abroad I;