Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-08-05


came up to town yesterday afternoon-from
them we learn that they are last from Mar
Unique, from whence they have had pas
sage OF IL days that they have been some
time on the Yves India station, and on their
departure hence will proceed direct TO
France. The object OF the Duchesse de
Berri's visit TO Annapolis is to receive any
dispatches the French Minister may wish
10 forward 10 his government.
From The N,ea- Fork Epsniag Post, July 90.
LAW REPORT.
On Saturday last, judge Livingston is
sued warrants againstcaFtain Skinner, Don
Manuel H. Aguirre, and Mr., Delano, for
knowingly being concerned in the fur
nishing, fitting out, or armirg, in the port
of New York, two ships called the CUria-
20 and Horatio, with The intent that they
should be employed in the service OF some
foreign prince or people, TO cruize or COM
nit hoStiities against the subjects OF some
other foreign prince or state, with whom
the United States are at peace"
These warrants were issued under the
third section of the act passed at the last
session OF congress, :" tor the punishment
of certain crimes against the o. States
and which is in the wor2s follow ing
L" Sec. 8. .lnd be IL further enacted, That
il any person shall, within the limits OF the
United States, fit Out and arm. or attempt
to III cut and arm, OF procure 10 be I.ted
out and armed, or shah Knowingly be con-
cerned in the furnishing, fitting rat, or arm
ing, of any ship or vessel, with intent that
such ship OF vessel shall be employed in
the service Of any foreign prince or state.
or of any colony, district, or people, 10
cruise or commit hostiities against the sub
,jects, citizens, or property, OF any foreign
prince or state, or ri any colony, district,
or people, with whom the United States
are at peace, or shall issue or deliver
commission within the territory or jurisdic-
ton OF the United Safes, for any ship or
vessel, 10 the intent that she may be en-
p'oyed as aforesaid, every person so OF
tending shall be deemed guilty of a high
misdcmeaior, and shall be fined not more
than ten thousand dollars. and imprisoned
not more than three years and every such
ship or vessel, with the tickle, apparel
and furniture, together with all materials. !
arms, ammunition, and stores, which may |
have been procured for the building and |
equipment thereof, shall be forfeited one
half 10 the use Of the informer, and the o.
Their half 10 the United States"
The parties were al arrested and taken
before judge Livingston yesterday after
noon. when Mr.. Emmett, Mr.. Wells, and |
NJ James Stoughton, appeared in support
OF the prosecution, and Mr.. J. o. Hof-
man, Mr. David 5. Ogden, Mr.. Burr, and
Mr. Palmer, for the defendants.
9'he counsellor the defendants moved TO
have their clients discharged altogether,
or if held to bail, they insisted that they
should, under all the circumstances of the
case, .be recognized 10 appear at The mkt
term of the Circuit Court, in 4 very small
sum. This motion was made on three
grounds
!. That as the prosecution had been
commenced without any directions on the
part Of the government, or application by
the district attorney; it was irregular in its
inception and ought 10 be Immediately dis
2. That Mr. Aguirre, 10 whose case a.
lone this ground applied was Minister
from the government, of Buenos Ayres to
that OF the United States, and could not,
therefore, be proceeded against in this
way.
5. That 10 constitute an offence against
the third section of this act, the vessels
must not only have been fitted out with in
tent TO be thus employed, but actually ar
med for that purpose--and many deposit
tons were produced, proving that nei.
Their Of the vessels were or ever had been
armed.
After an argument Of these points by the
counsel, judge Livingston deer
ded, Isl, that no Instructions were neces-
sary on the part Of the president, or any
other officer Of government, 10 justify the
issuing OF warrant for the violation Of
this or any other law-nor had the presi-
den, any right to interfere with the pro-
ceeiings which had been commenced in
this case, by giving any instructions to him
on the subject. Nor was i, necessary |